[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3611-S3727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2579. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 896. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER
COUNSELORS.
(a) Cyber Training.--Section 21 of the Small Business Act
(15 U.S.C. 648) is amended by adding at the end the
following:
``(o) Cyber Strategy Training for Small Business
Development Centers.--
``(1) Definitions.--In this subsection--
``(A) the term `cyber strategy' means resources and tactics
to assist in planning for cybersecurity and defending against
cyber risks and attacks; and
``(B) the term `lead small business development center'
means a small business development center that has received a
grant from the Administration.
``(2) Certification program.--The Administrator shall
establish a cyber counseling program, or designate an
existing program, under which the Administrator may certify
the employees of lead small business development centers in
providing cyber planning assistance to small business
concerns.
``(3) Number of certified employees.--The Administrator
shall ensure that the number of employees of each lead small
business development center who are certified in providing
cyber assistance is not less than the lesser of--
``(A) 5; or
``(B) 10 percent of the total number of employees of the
lead small business development center.
``(4) Cyber strategy.--In carrying out paragraph (2), the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a)(3)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2662).
``(5) Reimbursement for certification.--
``(A) In general.--Subject to the availability of
appropriations, the Administrator shall reimburse a lead
small business development center for costs relating to the
certification of an employee of the lead small business
center in providing cyber planning assistance under the
program established under paragraph (2).
``(B) Limitation.--The total amount reimbursed by the
Administrator under subparagraph (A) may not exceed $350,000
in any fiscal year.''.
(b) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Small
Business Administration shall implement paragraphs (2), (3),
and (4) of section 21(o) of the Small Business Act, as added
by subsection (a).
______
SA 2580. Mr. RISCH (for himself and Mr. Coons) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. SCORE PROGRAM.
(a) Reauthorization.--Section 20 of the Small Business Act
(15 U.S.C. 631 note) is amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--There are authorized to be
appropriated to the Administrator to carry out the SCORE
program authorized by section 8(b)(1) such sums as are
necessary for the Administrator to make grants or enter into
cooperative agreements in a total amount that does not exceed
$13,500,000 in each of fiscal years 2019, 2020, and 2021.''.
(b) Additional Amendments.--
(1) In general.--Section 8 of the Small Business Act (15
U.S.C. 637) is amended--
(A) in subsection (b)(1)(B), by striking ``a Service Corps
of Retired Executives (SCORE)'' and inserting ``the SCORE
program described in subsection (c)''; and
(B) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) Definition.--In this subsection, the term `SCORE
program' means the SCORE program authorized by subsection
(b)(1)(B).
``(2) Volunteers.--A volunteer participating in the SCORE
program shall--
``(A) based on the business experience and knowledge of the
volunteer--
``(i) provide at no cost to individuals who own, or aspire
to own, small business concerns personal counseling,
mentoring, and coaching relating to the process of starting,
expanding, managing, buying, and selling a business; and
``(ii) facilitate low-cost education workshops for
individuals who own, or aspire to own, small business
concerns; and
``(B) as appropriate, use tools, resources, and expertise
of other organizations to carry out the SCORE program.
[[Page S3612]]
``(3) Plans and goals.--The Administrator, in consultation
with the SCORE Association, shall ensure that the SCORE
program and each chapter of the SCORE program develop and
implement plans and goals to more effectively and efficiently
provide services to individuals in rural areas, economically
disadvantaged communities, and other traditionally
underserved communities, including plans for electronic
initiatives, web-based initiatives, chapter expansion,
partnerships, and the development of new skills by volunteers
participating in the SCORE program.
``(4) Annual report.--The SCORE Association shall submit to
the Administrator an annual report that contains--
``(A) the number of individuals counseled or trained under
the SCORE program;
``(B) the number of hours of counseling provided under the
SCORE program; and
``(C) to the extent possible--
``(i) the number of small business concerns formed with
assistance from the SCORE program;
``(ii) the number of small business concerns expanded with
assistance from the SCORE program; and
``(iii) the number of jobs created with assistance from the
SCORE program.
``(5) Privacy requirements.--
``(A) In general.--Neither the Administrator nor the SCORE
Association may disclose the name, address, or telephone
number of any individual or small business concern receiving
assistance from the SCORE Association without the consent of
such individual or small business concern, unless--
``(i) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
``(ii) the Administrator determines such a disclosure to be
necessary for the purpose of conducting a financial audit of
the SCORE program, in which case disclosure shall be limited
to the information necessary for the audit.
``(B) Administrator use of information.--This paragraph
shall not--
``(i) restrict the access of the Administrator to program
activity data; or
``(ii) prevent the Administrator from using client
information to conduct client surveys.
``(C) Regulations.--
``(i) In general.--The Administrator shall issue
regulations to establish standards for--
``(I) disclosures with respect to financial audits under
subparagraph (A)(ii); and
``(II) conducting client surveys, including standards for
oversight of the surveys and for dissemination and use of
client information.
``(ii) Maximum privacy protection.--The regulations issued
under this subparagraph shall, to the extent practicable,
provide for the maximum amount of privacy protection.''.
(2) Offset.--In carrying out the Entrepreneurship Education
Program during each of fiscal years 2019, 2020, and 2021, the
Administrator of the Small Business Administration may not
obligate more than $7,000,000.
(c) Technical and Conforming Amendments.--
(1) Small business act.--The Small Business Act (15 U.S.C.
631 et seq.) is amended--
(A) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C.
636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(B) in section 22 (15 U.S.C. 649)--
(i) in subsection (b)--
(I) in paragraph (1), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(II) in paragraph (3), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''; and
(ii) in subsection (c)(12), by striking ``Service Corps of
Retired Executives'' and inserting ``SCORE program''.
(2) Other laws.--
(A) Section 621 of the Children's Health Insurance Program
Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
(i) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act
(15 U.S.C. 637(b)(1)(B));''; and
(ii) in subsection (b)(4)(A)(iv), by striking ``Service
Corps of Retired Executives'' and inserting ``SCORE
program''.
(B) Section 337(d)(2)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by
striking ``Service Corps of Retired Executives (SCORE)'' and
inserting ``SCORE program''.
______
SA 2581. Mr. RISCH (for himself and Mrs. Gillibrand) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. ___. PILOT EXTENSIONS AND REPORTING COMPLIANCE; PILOT
PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in subsection (cc), by striking ``2017'' and inserting
``2019'';
(2) in subsection (gg)(7), by striking ``2017'' and
inserting ``2019'';
(3) in subsection (jj)(7), by striking ``2017'' and
inserting ``2019'';
(4) in subsection (mm)(1)--
(A) in the matter preceding subparagraph (A), by striking
``2017'' and inserting ``2019'';
(B) in subparagraph (I), by striking ``and'' at the end;
(C) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(K) funding for improvements that increase commonality
across data systems, reduce redundancy, and improve data
oversight and accuracy.''; and
(5) by adding at the end the following:
``(tt) Outstanding Reports and Evaluations.--
``(1) In general.--Not later than March 30, 2019, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and the Committee
on Science, Space, and Technology of the House of
Representatives--
``(A) each report, evaluation, or analysis, as applicable,
described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C),
(gg)(6), (jj)(6), and (mm)(6); and
``(B) metrics regarding, and an evaluation of, the
authority provided to the National Institutes of Health, the
Department of Defense, and the Department of Education under
subsection (cc).
``(2) Information required.--Not later than December 31,
2018, the head of each agency that is responsible for
carrying out a provision described in subparagraph (A) or (B)
of paragraph (1) shall submit to the Administrator any
information that is necessary for the Administrator to carry
out the responsibilities of the Administrator under that
paragraph.''.
______
SA 2582. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 896. ENHANCED CYBERSECURITY ASSISTANCE AND PROTECTIONS
FOR SMALL BUSINESSES.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a))
is amended by adding at the end the following:
``(9) Small business cybersecurity assistance and
protections.--
``(A) Establishment of small business cybersecurity
assistance units.--The Administrator, in coordination with
the Secretary of Commerce, and in consultation with the
Secretary of Homeland Security and the Attorney General,
shall establish--
``(i) in the Administration, a central small business
cybersecurity assistance unit; and
``(ii) within each small business development center, a
regional small business cybersecurity assistance unit.
``(B) Duties of the central small business cybersecurity
assistance unit.--
``(i) In general.--The central small business cybersecurity
assistance unit established under subparagraph (A)(i) shall
serve as the primary interface for small business concerns to
receive and share cyber threat indicators and defensive
measures with the Federal Government.
``(ii) Use of capability and process.--The central small
business cybersecurity assistance unit shall use the
capability and process certified pursuant to section
105(c)(2)(A) of the Cybersecurity Information Sharing Act of
2015 (6 U.S.C. 1504(c)(2)(A)) to receive cyber threat
indicators or defensive measures from small business
concerns.
``(iii) Application of cisa.--A small business concern that
receives or shares cyber threat indicators and defensive
measures with the Federal Government through the central
small business cybersecurity assistance unit established
under subparagraph (A)(i), or with any appropriate entity
pursuant to section 104(c) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1503(c)), shall receive the
protections and exemptions provided in such Act and this
paragraph.
``(C) Relation to nccic.--
``(i) Central small business cybersecurity assistance
unit.--The central small business cybersecurity assistance
unit established under subparagraph (A)(i) shall be
collocated with the national cybersecurity and communications
integration center.
``(ii) Access to information.--The national cybersecurity
and communications integration center shall have access to
all cyber threat indicators or defensive measures shared with
the central small cybersecurity assistance unit established
under subparagraph (A)(i) through the use of the capability
and process described in subparagraph (B)(ii).
``(D) Cybersecurity assistance for small businesses.--The
central small business cybersecurity assistance unit
established under subparagraph (A)(i) shall--
[[Page S3613]]
``(i) work with each regional small business cybersecurity
assistance unit established under subparagraph (A)(ii) to
provide cybersecurity assistance to small business concerns;
``(ii) leverage resources from the Administration, the
Department of Commerce, the Department of Homeland Security,
the Department of Justice, the Department of the Treasury,
the Department of State, and any other Federal department or
agency the Administrator determines appropriate, in order to
help improve the cybersecurity posture of small business
concerns;
``(iii) coordinate with the Department of Homeland Security
to identify and disseminate information to small business
concerns in a form that is accessible and actionable by small
business concerns;
``(iv) coordinate with the National Institute of Standards
and Technology to identify and disseminate information to
small business concerns on the most cost-effective methods
for implementing elements of the cybersecurity framework of
the National Institute of Standards and Technology applicable
to improving the cybersecurity posture of small business
concerns;
``(v) seek input from the Office of Advocacy of the
Administration to ensure that any policies or procedures
adopted by any department, agency, or instrumentality of the
Federal Government do not unduly add regulatory burdens to
small business concerns in a manner that will hamper the
improvement of the cybersecurity posture of those small
business concerns; and
``(vi) leverage resources and relationships with
representatives and entities involved in the national
cybersecurity and communications integration center to
publicize the capacity of the Federal Government to assist
small business concerns in improving cybersecurity practices.
``(E) Enhanced cybersecurity protections for small
businesses.--
``(i) In general.--Notwithstanding any other provision of
law, no cause of action shall lie or be maintained in any
court against any small business concern, and such action
shall be promptly dismissed, if such action is related to or
arises out of--
``(I) any activity authorized under this paragraph or the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501
et seq.); or
``(II) any action or inaction in response to any cyber
threat indicator, defensive measure, or other information
shared or received pursuant to this paragraph or the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501
et seq.).
``(ii) Application.--The exception provided in section
105(d)(5)(D)(ii)(I) of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1504(d)(5)(D)(ii)(I)) shall not apply
to any cyber threat indicator or defensive measure shared or
received by small business concerns pursuant to this
paragraph or the Cybersecurity Information Sharing Act of
2015 (6 U.S.C. 1501 et seq.).
``(iii) Rule of construction.--Nothing in this subparagraph
shall be construed to affect the applicability or merits of
any defense, motion, or argument in any cause of action in a
court brought against an entity that is not a small business
concern.
``(F) Definitions.--In this paragraph:
``(i) CISA definitions.--The terms `cyber threat indicator'
and `defensive measure' have the meanings given those terms
in section 102 of the Cybersecurity Information Sharing Act
of 2015 (6 U.S.C. 1501).
``(ii) National cybersecurity and communications
integration center.--The term `national cybersecurity and
communications integration center' means the national
cybersecurity and communications integration center
established under section 227 of the Homeland Security Act of
2002 (6 U.S.C. 148).''.
(a) Prohibition on New Appropriations.--
(1) In general.--No additional funds are authorized to be
appropriated to carry out this section and the amendments
made by this section.
(2) Existing funding.--This section and the amendments made
by this section shall be carried out using amounts made
available under section 21(a)(4)(C)(viii) of the Small
Business Act (15 U.S.C. 648(a)(4)(C)(viii)).
(3) Technical and conforming amendment.--Section
21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(viii)) is amended to read as follows:
``(viii) Limitation.--
``(I) Cybersecurity assistance.--From the funds
appropriated pursuant to clause (vii), the Administration
shall reserve not less than $1,000,000 in each fiscal year to
develop cybersecurity assistance units at small business
development centers under paragraph (9).
``(II) Portable assistance.--
``(aa) In general.--Any funds appropriated pursuant to
clause (vii) that are remaining after reserving amounts under
subclause (I) may be used for portable assistance for startup
and sustainability non-matching grant programs to be
conducted by eligible small business development centers in
communities that are economically challenged as a result of a
business or government facility down sizing or closing, which
has resulted in the loss of jobs or small business
instability.
``(bb) Grant amount and use.--A non-matching grant under
this clause shall not exceed $100,000, and shall be used for
small business development center personnel expenses and
related small business programs and services.''.
______
SA 2583. Mr. CASSIDY submitted an amendment intended to be proposed
by him to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title X, add the following:
SEC. ___. DISCLOSURE TO INVESTORS OF FAILURE OF ACCOUNTING
FIRMS TO COMPLY WITH PCAOB REQUIREMENTS.
(a) Definitions.--In this section--
(1) the term ``Board'' means the Public Company Accounting
Oversight Board established under section 101 of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211);
(2) the term ``Commission'' means the Securities and
Exchange Commission;
(3) the term ``covered issuer'' means a foreign issuer that
is listed on a national securities exchange;
(4) the term ``Form 10-K'' means the form described in
section 249.310 of title 17, Code of Federal Regulations, or
any successor regulation;
(5) the term ``Form 10-Q'' means the form described in
section 249.308a of title 17, Code of Federal Regulations, or
any successor regulation;
(6) the term ``Form 20-F'' means the form described in
section 249.220f of title 17, Code of Federal Regulations, or
any successor regulation;
(7) the term ``issuer'' has the meaning given the term in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)); and
(8) the term ``registered public accounting firm'' has the
meaning given the term in section 2(a) of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7201(a)).
(b) Disclosure Requirement.--
(1) In general.--If a registered public accounting firm
that prepares or issues an audit report for a covered issuer
fails to provide the Board with any documentation requested
by the Board with respect to that preparation or issuance, as
applicable--
(A) the Board shall notify the Commission with respect to
that failure of the registered public accounting firm;
(B) upon receipt of the notification from the Board under
subparagraph (A), the Commission shall notify the covered
issuer--
(i) with respect to that failure of the registered public
accounting firm; and
(ii) subject to paragraph (2) and subsection (c), that the
covered issuer shall, in any required public disclosure
document, including Form 20-F, Form 10-K, any proxy
materials, and Form 10-Q, notify investors regarding that
failure of the registered public accounting firm; and
(C) after the date on which the registered public
accounting firm provides the Board with the documentation
requested by the Board--
(i) the Board shall notify the Commission that the
registered public accounting firm has complied with the
request of the Board; and
(ii) upon receipt of the notification from the Board under
clause (i), the Commission shall notify the covered issuer
that the registered public accounting firm has complied with
the request of the Board.
(2) Period of applicability.--The requirement under
paragraph (1)(B)(ii) with respect to a covered issuer shall
apply during the period beginning on the date on which the
covered issuer receives notice from the Commission under
paragraph (1)(B)(i) and ending on the date on which the
covered issuer receives notice from the Commission under
paragraph (1)(C)(ii).
(c) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Commission, in consultation with
the Board, shall promulgate a rule that, with respect to a
covered issuer that is subject to the notification
requirement under subsection (b)(1)(B)(ii), directs the
covered issuer regarding--
(1) in which materials, in addition to the materials
described in that subsection, the covered issuer is required
to provide the notification; and
(2) the information that the covered issuer is required to
provide with respect to each such notification.
______
SA 2584. Mr. MORAN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. REPORT ON MODERNIZATION OF LIGHT INFANTRY COMBAT
FORCES.
(a) Report Required.--Not later than January 31, 2019, the
Secretary of the Army shall, in consultation with the
Commandant of the Marine Corps, submit to the congressional
defense committees a report on the
[[Page S3614]]
strategy of the Department of Defense for modernizing and
upgrading weapon systems, armor, and equipment for light
infantry combat forces.
(b) Elements.--The report under subsection (a) shall
include description of the following in connection with the
strategy described in that subsection:
(1) Investments to upgrade weapon systems designed to
support light infantry combat units, including to reduce the
weight of weapons, munitions, and ammunition carried by such
forces.
(2) Initiatives to upgrade or improve equipment and armor
technology for soldier systems, including to improve mobile
power generation technologies.
(3) Initiatives to upgrade ground vehicle platforms
designed to transport light infantry combat forces.
(c) Strategic Planning.--The report under subsection (a)
shall include strategic planning to do the following:
(1) Improve the lethality of light infantry combat units at
the small unit level, focused on the current and potential
threat environments as determined the Secretary.
(2) Invest in research, development, and prototyping of
technologies designed to reduce the amount of time close
combat infantry forces spend on non-combat related tasks
while in a combat zone, including investments in technologies
that aid units in reducing the time and personnel required to
construct defensive positions.
(d) Unclassified Form.--The report under subsection (a)
shall be submitted in unclassified form.
______
SA 2585. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 111.
______
SA 2586. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 112. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT
REPORT.
(a) In General.--Section 10541(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(10) An assessment by the Secretary of the Army, in
coordination with the Chief of the National Guard Bureau, on
the efforts of the Army to address any inventory or readiness
shortfalls in the Army Reserve and the Army National Guard
with respect to high priority items of equipment, including--
``(A) AH-64 Attack Helicopters;
``(B) UH-60 Black Hawk Utility Helicopters;
``(C) Abrams Main Battle Tanks;
``(D) Bradley Infantry Fighting Vehicles;
``(E) Stryker Combat Vehicles; and
``(F) any other items of equipment identified as high
priority by the Chief of Staff of the Army or the Chief of
the National Guard Bureau.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to reports required to be submitted
under section 10541 of title 10, United States Code, after
the date of the enactment of this Act.
______
SA 2587. Mr. ENZI (for himself, Mr. Cardin, and Mrs. Fischer)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS OF
THE DEPARTMENT OF DEFENSE.
Section 2307(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``The head of any agency may--'' and
inserting ``(1) The head of any agency may''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a prime contractor (as defined in section 8701
of title 41) that is a small business concern (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)), the
Secretary of Defense shall, to the fullest extent permitted
by law, establish an accelerated payment date with a goal of
20 days after receipt of a proper invoice for the amount due
if a specific payment date is not established by contract.
``(B) For a prime contractor that subcontracts with a small
business concern, the Secretary of Defense shall, to the
fullest extent permitted by law, establish an accelerated
payment date with a goal of 20 days after receipt of a proper
invoice for the amount due if--
``(i) a specific payment date is not established by
contract; and
``(ii) the prime contractor agrees to make payments to the
subcontractor in accordance with the accelerated payment
date, to the maximum extent practicable, without any further
consideration from or fees charged to the subcontractor.
``(C) For a prime contractor that subcontracts with a small
business concern, the Secretary of Defense may, to the
fullest extent permitted by law, establish incentives to
promote the accelerated payments to the subcontractor in
accordance with the accelerated payment date.''.
______
SA 2588. Mr. ENZI submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 2282. REPORT ON DEFENSE SECURITY COOPERATION AGENCY
MANAGEMENT OF FOREIGN MILITARY SALES OVERHEAD
ACCOUNTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Assistant Secretary of
Defense for Security Cooperation shall submit to the
appropriate congressional committees a report on Defense
Security Cooperation Agency management of Foreign Military
Sales (FMS) overhead accounts.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An analysis of the appropriate upper limit for
administrative and contract administration services (CAS)
accounts.
(2) An assessment of the amounts available for transfer
above the safety level in the administrative and CAS
accounts.
(3) An assessment and prioritization of activities or
programs that could improve the efficiency of the FMS
process, including increased training for or expansion of the
FMS workforce, using such funds available for transfer.
(4) A description of the total workforce requirements
necessary to manage the Foreign Military Sales process,
including Federal civilians, members of the Armed Forces, and
contractor full time equivalents (FTEs).
(5) Information on how much each component costs per year,
which shall be included in congressional budget justification
documents.
(6) An examination of whether an increased diversity of FMS
administrative and CAS fee type and size might better align
with the preferences of different buyers.
(7) A comparison of how the analysis used to generate
safety levels for the administrative and CAS accounts is
different from best practices used to generate safety levels
for other Federal trust funds of similar type and size.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
the Budget of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Budget of the House of Representatives.
______
SA 2589. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
[[Page S3615]]
SEC. 896. ADVANCED HELICOPTER TRAINING SYSTEM.
In developing the requirements for the Navy's Advanced
Helicopter Training System, the Secretary of the Navy shall
take into consideration--
(1) the projected cost and schedule impacts of any
development or non-developmental integration requirements;
(2) the level to which the new training system will enhance
the transition to current Navy advance aircraft and any next
generation Future Vertical Lift aircraft technologies and
capabilities;
(3) the efficiencies and cost benefits provided by the
capability to replicate advanced training tasks on a primary
trainer;
(4) the safety, efficiency, and quality benefits of a
training aircraft with flight and cockpit characteristics
that are representative of the more complex fleet
helicopters; and
(5) the trends and best practices learned by other United
States and international military training programs.
______
SA 2590. Mr. CORNYN (for himself, Mr. Blumenthal, Mr. Hatch, Mr.
Portman, Mr. Cruz, Mr. Coons, Mr. Rubio, and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON AIRPORTS USED BY MAHAN AIR.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter through
2021, the Secretary of Homeland Security, in consultation
with the Secretary of Transportation, the Secretary of State,
the Secretary of the Treasury, and the Director of National
Intelligence, shall submit to Congress a report that
includes--
(1) a list of all airports at which aircraft owned or
controlled by Mahan Air have landed during the 2 years
preceding the submission of the report; and
(2) for each such airport--
(A) an assessment of whether aircraft owned or controlled
by Mahan Air continue to conduct operations at that airport;
(B) an assessment of whether any of the landings of
aircraft owned or controlled by Mahan Air were necessitated
by an emergency situation;
(C) a determination regarding whether additional security
measures should be imposed on flights to the United States
that originate from that airport; and
(D) an explanation of the rationale for that determination.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(c) Publication of List.--The list required by subsection
(a)(1) shall be publicly and prominently posted on the
website of the Department of Homeland Security on the date on
which the report required by subsection (a) is submitted to
Congress.
______
SA 2591. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. ACADEMIC COUNTER EXPLOITATION WORKING GROUP.
(a) Establishment.--
(1) In general.--The Secretary of Defense and the Director
of the Federal Bureau of Investigation, in consultation with
the Director of the Defense Security Service and the
Secretary of Homeland Security, shall establish a working
group to develop best practices and provide guidelines for
tier I research institutions of higher education--
(A) to identify threats to sensitive research and
technology from foreign nationals who study, research, or
teach at such institutions;
(B) to limit or prohibit access to such research and
technology by such foreign nationals; and
(C) to prevent the unlawful transfer of such research and
technology to such foreign nationals.
(2) Designation.--The working group established under
paragraph (1) shall be known as the ``Academic Counter
Exploitation Working Group'' (in this section the ``Working
Group'').
(b) Composition.--
(1) In general.--The Working Group shall be composed of the
following:
(A) The Secretary of Defense.
(B) The Director of the Federal Bureau of Investigation.
(C) The chief research security officers and chief
information security officers from such tier I research
institutions of higher learning as the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
shall select for purposes of this section.
(2) Requirements.--In selecting research institutions of
higher education under this subsection, the Secretary of
Defense and the Secretary of Homeland Security shall jointly
select institutions of higher education that the Secretaries
determine demonstrate a record of excellence in industrial
security and counterintelligence in academia and in research
and development.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Working Group shall submit to
the appropriate committees of Congress a report on the
activities of the Working Group.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities conducted and the
progress made by the Working Group.
(B) The findings of the Working Group.
(C) Such recommendations as the Working Group may have for
legislative or administrative action.
(D) Identification and discussion of the gaps in legal
authorities that need to be improve to enhance the security
of tier I research institutions of higher education.
(E) A description of the actions taken by such institutions
to comply with the best practices and guidelines established
by the Working Group.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in classified form.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, Permanent Select
Committee on Intelligence, and the Committee on Homeland
Security of the House of Representatives.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``tier I'' with respect to an institution of
higher education means the institution of higher education
has the highest research activity, as defined by the Carnegie
Classification of Institutions of Higher Education.
______
SA 2592. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. INVESTMENT OF ASSETS OF JAMES MADISON MEMORIAL
FELLOWSHIP TRUST FUND.
Subsection (b) of section 811 of the James Madison Memorial
Fellowship Act (20 U.S.C. 4510) is amended to read as
follows:
``(b)(1) It shall be the duty of the Secretary of the
Treasury to invest in full the amounts appropriated to the
fund.
``(2) Subject to paragraph (3), investments of amounts
appropriated to the fund shall be made in public debt
securities of the United States with maturities suitable to
the fund. For such purpose, such obligations may be acquired
(A) on original issue at the issue price, or (B) by purchase
of outstanding obligations at the market price. The purposes
for which obligations of the United States may be issued
under chapter 31 of title 31, United States Code, are hereby
extended to authorize the issuance at par of special
obligations exclusively to the fund. Such special obligations
shall bear interest at a rate equal to the average rate of
interest, computed as to the end of the calendar month next
preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then
forming a part of the public debt, except that where such
average rate is not a multiple of \1/8\ of 1 percent, the
rate of interest of such special obligations shall be the
multiple of \1/8\ of 1 percent next lower than such average
rate. Such special obligations shall be issued only if the
Secretary determines that the purchases of other interest-
bearing obligations of the United States, or of obligations
guaranteed as to both principal and interest by the United
States or original issue or at the market price, is not in
the public interest.
``(3)(A) Notwithstanding paragraph (2), upon receiving a
determination of the Board described in subparagraph (B), the
Secretary shall invest up to 40 percent of the fund's assets
in securities other than public debt securities of the United
States, provided that the securities are traded in
established United States markets.
``(B) A determination described in this subparagraph is a
determination by the Board that investments as described in
subparagraph (A) are necessary to enable the Foundation to
carry out the purposes of this title without any diminution
of the number of fellowships provided under section 804.
``(C) Nothing in this paragraph shall be construed to limit
the authority of the
[[Page S3616]]
Board to increase the number of fellowships provided under
section 804, or to increase the amount of the fellowship
authorized by section 809, as the Board considers appropriate
and is otherwise consistent with the requirements of this
title.''.
______
SA 2593. Mr. CORNYN (for himself and Ms. Cortez Masto) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 340. AUTHORITY TO ENTER INTO A CONTRACT FOR CONTRACTED
ADVERSARY AIR AND CONTRACTED CLOSE AIR SUPPORT.
In accordance with section 2401 of title 10, United States
Code, the Secretaries of the military departments are
authorized to enter into long-term contracts for contracted
Adversary Air and Contracted Close Air Support to provide for
the training of military personnel. The notification and
certification requirements of subsection (b) of such section
do not apply to contracted Adversary Air and Contracted Close
Air Support training services authorized under this section.
This section shall be effective beginning with fiscal year
2019.
______
SA 2594. Mr. CORNYN (for himself and Mr. King) submitted an amendment
intended to be proposed by him to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. ANNUAL REPORTS ON DISPOSITION OF FELONY OFFENSES
COMMITTED BY JUVENILES ON MILITARY
INSTALLATIONS.
(a) Annual Reports Required.--Not later than March 31 each
year, each Secretary concerned shall submit to Congress a
report on the disposition of alleged felony offenses
committed by juveniles on military installations under the
control of such Secretary, including installations in foreign
countries, during the previous calendar year.
(b) Elements.--Each report under this section shall
include, for the calendar year covered by such report, a list
of the alleged felony offenses committed by juveniles on
military installations under the control of the Secretary,
aggregated by installation, and with the information for each
alleged offense as follows:
(1) Nature of the alleged offense.
(2) Age and other appropriate data on the alleged offender,
including the connection, if any, of the alleged offender to
the Armed Forces.
(3) Age and other appropriate data on each victim,
including the connection, if any, of such victim to the Armed
Forces.
(4) Results of the investigation, if any, of the alleged
offense by any military, Federal, State, or local law
enforcement or criminal investigation organization.
(5) If as a result of an investigation as described in
paragraph (4), a determination was made not to recommend the
bringing of charges against the alleged offender, whether to
a Federal prosecutor or the prosecutor of a State,
Commonwealth, territory, or possession, the justification for
such determination.
(6) If as a result of an investigation as described in
paragraph (4), a determination was made to recommend the
bringing of charges against the alleged offender to a
prosecutor of a State, Commonwealth, territory, or
possession, and such prosecutor declined to bring charges,
the justification for lack of prosecution.
(7) If as a result of an investigation as described in
paragraph (4), a determination was made to recommend the
bringing of charges against the alleged offender to a Federal
prosecutor, whether or not the prosecutor subsequently met
with the victim or victims as provided for in section 3771 of
title 18, United States Code.
(8) If a Federal prosecutor declined to bring charges
against the alleged offender despite a recommendation for
such charges as described in paragraph (7), the justification
for lack of prosecution.
(c) Coordination With Attorney General.--The Attorney
General shall take appropriate actions to ensure that
information on actions of Federal prosecutors that is
required for purposes of paragraphs (7) and (8) of subsection
(b) is submitted promptly to the Secretaries concerned for
inclusion in the reports required by subsection (a).
(d) Definitions.--In this section:
(1) The term ``felony offense'' means an offense punishable
by a maximum term of imprisonment of more than one year.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
______
SA 2595. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. BARRING CITIZENS OF IRAN FROM SEEKING EDUCATION
RELATING TO THE NUCLEAR AND ENERGY SECTORS.
(a) In General.--Section 501(a) of the Iran Threat
Reduction and Syrian Human Rights Act of 2012 (22 U.S.C.
8771(a)) is amended to read as follows:
``(a) In General.--
``(1) Visa denial.--The Secretary of State shall deny a
visa to, and the Secretary of Homeland Security shall exclude
from the United States, any alien who is a citizen of Iran if
the Secretary of State determines that such alien seeks to
enter the United States to participate in coursework at an
institution of higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to
prepare the alien for a career in--
``(A) the energy sector of Iran; or
``(B) nuclear science, nuclear engineering, or a related
field in Iran.
``(2) Status termination.--The Secretary of Homeland
Security shall terminate the status and work authorization,
and revoke any petition of, any alien who is a citizen of
Iran if the Secretary of Homeland Security determines such
alien has changed his or her program or course of study after
admission to the United States to a field that would prepare
the alien for a career in the energy sector, nuclear science,
nuclear engineering, or a related field in Iran. Any change,
or attempted change, in a course of study prohibited under
this paragraph constitutes a failure to maintain nonimmigrant
status under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to--
(1) all visa applications filed on or after the date of the
enactment of this Act; and
(2) the status of any alien who has been admitted as a
nonimmigrant academic, vocational, or exchange student under
subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
before, on, or after the date of the enactment of this Act.
______
SA 2596. Mr. CORNYN (for himself and Ms. Warren) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 10____. HISTORIC BATTLESHIP PRESERVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Historic battleship.--The term ``historic battleship''
means a battleship that is--
(A) not less than 75 and not more than 115 years old;
(B) listed on the National Register of Historic Places; and
(C) located in the State for which the battleship was
named.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--There is established within the
Department of the Interior a grant program for the
preservation of historic battleships in the United States.
(c) Use of Grants.--Amounts received through grants under
this section shall be used for the preservation of historic
battleships in a manner that is self-sustaining and has an
educational component.
(d) Criteria for Eligibility.--To be eligible for a grant
under this section, an entity shall--
(1) submit an application to the Secretary in accordance
with procedures established by the Secretary;
(2) match the amount of the grant, on a 1-to-1 basis, with
non-Federal assets from non-Federal sources, which may
include cash or durable goods and materials fairly valued, as
determined by the Secretary;
(3) maintain any records that may be reasonably necessary
to fully disclose--
(A) the amount and the disposition of the proceeds of the
grant;
(B) the total cost of the project for which the grant was
made; and
(C) other records as may be required by the Secretary,
including any records that would
[[Page S3617]]
facilitate an effective accounting for project funds; and
(4) provide access to the Secretary for the purposes of any
required audit and examination of any books, documents,
papers, and records of the entity.
(e) Applicable Law.--The authority granted by this section
shall be in addition to, and shall not supersede or modify,
the authority provided under division A of subtitle III of
title 54, United States Code.
(f) Private Property Protection.--
(1) In general.--No Federal funds made available to carry
out this section may be used to acquire any land or any
interest in land without the written consent of any owners of
the land or interest in land.
(2) No designation.--The authority granted by this section
shall not constitute a Federal designation or have any effect
on the ownership of private property.
(g) Termination of Authority.--The authority to make grants
under this section expires on September 30, 2024.
______
SA 2597. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12_. REPORT ON MILITARY INSTALLATION OF CHINA IN THE
REPUBLIC OF DJIBOUTI.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes
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, which forbids the use
of laser weapons for the purpose of blinding.
(6) An assessment of the laser attack in Djibouti that
injured United States airmen.
(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.
______
SA 2598. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army, in
consultation with the Chief of Staff of the Army, shall
submit to the congressional defense committees a report on
labor hours and depot maintenance.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An estimate of the amount of public and private funding
of depot-level maintenance and repair (as defined in section
2460 of title 10, United State Code) for the Department of
the Army, and any other command identified by the Secretary,
expressed by commodity group by percentage and actual numbers
in terms of dollars and direct labor hours.
(2) Within each category of depot level maintenance and
repair for each entities, the amount of the subset of depot
maintenance workload that meets the description under section
2464 of title 10, United States Code, that is performed in
the public and private sectors by direct labor hours and by
dollars.
(3) Of the subset referred to in paragraph (2), the amount
of depot maintenance workload performed in the public and
private sector by direct labor hour and by dollars for each
entity that would otherwise be considered core workload under
section 2462 of title 10, United States Code, but is not
considered core because a weapon system or equipment has not
been declared a program of record.
(4) An identification and description of depot level
maintenance and repair workload occurring at each
installation that is outside of the scope of what has been
identified by the Secretary of the Army as a Center of
Industrial and Technical Excellence under section 2474 of
title 10, United States Code, and an assessment whether that
workload should be occurring at another installation under
such section.
(5) The projections for the upcoming future years defense
program.
(6) A business case analysis on incorporating the depot-
level maintenance and repair requirements of the Department
of Homeland Security and other Federal agencies into the
organic industrial base.
______
SA 2599. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XI, add the following:
SEC. 1107. REPORT ON CURRENT AND ANTICIPATED VACANCIES IN
CIVILIAN POSITIONS OF THE DEPARTMENT OF DEFENSE
IN ALASKA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of the Army and the
Secretary of the Air Force, submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on current and anticipated vacancies in civilian
positions of the Department of Defense in Alaska.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of current vacancies in civilian
positions of the Department in Alaska, and an assessment of
currently anticipated vacancies in such positions.
(2) An assessment of the current and anticipated timeliness
and efficiency of the Department in filling vacancies in
civilian positions of the Department in Alaska, including
with respect to the following:
(A) Positions in connection with new missions in Alaska.
(B) Positions within components of the Defense Health
Agency.
(3) A description of the authorities, if any, available to
the Department to accelerate the recruitment, assessment, and
employment of candidates in civilian positions of the
Department in Alaska, including so-called ``direct hire
authority''.
(4) A description and assessment of any impediments to the
timely and efficient filling of vacancies in civilian
positions of the Department in Alaska.
(5) Such recommendations as the Secretary of Defense
considers appropriate for legislative or administrative
action to improve the timely and efficient filling of
vacancies in civilian positions of the Department in Alaska,
including an expansion of so-called ``direct hire authority''
for that purpose.
______
SA 2600. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. REPORT ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES FOR MEMBERS OF THE ARMED FORCES AND
THEIR FAMILIES.
(a) Report Required.--Not later than 240 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the programs and activities of the Department of
Defense and the Armed Forces for the prevention of suicide
among members of the Armed Forces (including the reserve
components) and their families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the current programs and activities of
the Department and the Armed Forces for the prevention of
suicide among members of the Armed Forces and their families.
(2) An assessment whether the programs and activities
described pursuant to paragraph (1)--
[[Page S3618]]
(A) are evidence-based and incorporate best practices
identified in peer-reviewed medical literature;
(B) are appropriately resourced; and
(C) deliver outcomes that are appropriate relative to peer
activities and programs (including those undertaken in the
civilian community and in military forces of other
countries).
(3) A description and assessment of any impediments to the
effectiveness of such programs and activities.
(4) Such recommendations as the Comptroller General
considers appropriate for improvements to such programs and
activities.
(5) Such recommendations as the Comptroller General
considers appropriate for additional programs and activities
for the prevention of suicide among members of the Armed
Forces and their families.
______
SA 2601. Mr. INHOFE (for Mr. McCain) submitted an amendment intended
to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for
himself and Mr. McCain) and intended to be proposed to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 713.
Strike section 1123.
______
SA 2602. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. REPORT ON THE SEARCH AND RESCUE CAPABILITIES OF
THE ARMED FORCES IN THE ARCTIC REGION.
(a) Report Required.--Not later than 240 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the capabilities of the Armed Forces (including the
Coast Guard) as follows:
(1) To conduct search and rescue activities in the Arctic
Ocean, the Bering Sea, the Chukchi Sea, and the Beaufort Sea
adjacent to the State of Alaska.
(2) To support search and rescue activities in other areas
of the Arctic Region in which such support may be required.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of the current
capabilities of the Armed Forces as described in subsection
(a).
(2) A description of current demand for search and rescue
activities and support as described in subsection (a).
(3) An assessment of the likely increase in demand for
search and rescue activities and support as described in
subsection (a) as a result of increasing use of the waters of
the Arctic Region for various activities, including shipping
and tourism.
(4) A description and assessment of the extent to which the
United States is prepared to rely upon partner nations to
assist in conducting and supporting search and rescue
activities in the Arctic Region.
(5) The adequacy of plans, personnel, equipment, and
infrastructure of the Armed Forces to conduct search and
rescue and provide support as described in subsection (a),
including communications, vessels, rotary wing aircraft,
fixed wing aircraft, training and equipment of personnel, and
land support infrastructure.
(6) An assessment whether the current capabilities of the
Armed Forces as described in subsection (a) are sufficient to
meet present and anticipated demand for such capabilities,
including demand that may result from one or more
catastrophic incidents.
(7) A description and assessment of any impediments to the
effectiveness of the capabilities of the Armed Forces as
described in subsection (a).
(8) Such recommendations as the Comptroller General
considers appropriate for the improvement or expansion of
United States capacity to conduct and support search and
rescue activities in the Arctic Region.
______
SA 2603. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--South China Sea and East China Sea Sanctions Act of 2018
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``South China Sea and
East China Sea Sanctions Act of 2018''.
SEC. 1282. FINDINGS.
Congress makes the following findings:
(1) According to the Asia-Pacific Maritime Security
Strategy issued by the Department of Defense in August 2015,
``Although the United States takes no position on competing
sovereignty claims to land features in the region, all such
claims must be based upon land (which in the case of islands
means naturally formed areas of land that are above water at
high tide), and all maritime claims must derive from such
land in accordance with international law.''.
(2) According to the annual report of the Department of
Defense to Congress on the military power of the People's
Republic of China submitted in April 2016, ``Throughout 2015,
China continued to assert sovereignty claims over features in
the East and South China Seas. In the East China Sea, China
continued to use maritime law enforcement ships and aircraft
to patrol near the Senkaku (Diaoyu) Islands in order to
challenge Japan's claim. In the South China Sea, China paused
its land reclamation effort in the Spratly Islands in late
2015 after adding more than 3,200 acres of land to the seven
features it occupies in the archipelago. Although these
artificial islands do not provide China with any additional
territorial or maritime rights within the South China Sea,
China will be able to use them as persistent civil-military
bases to enhance its long-term presence in the South China
Sea significantly.''.
(3) On May 30, 2015, at the Shangri-la Dialogue of the
International Institute for Strategic Studies, Secretary of
Defense Ashton Carter stated that ``with its actions in the
South China Sea, China is out of step with both the
international rules and norms that underscore the Asia-
Pacific's security architecture, and the regional consensus
that favors diplomacy and opposes coercion''.
(4) On July 24, 2015, Admiral Harry Harris, Jr., noted at a
forum in Colorado that each year more than $5,300,000,000,000
in global sea-based trade passes through the South China Sea.
(5) On June 4, 2016, at the Shangri-la Dialogue, Secretary
of Defense Ashton Carter stated: ``[T]he United States will
stand with regional partners to uphold core principles, like
freedom of navigation and overflight and the peaceful
resolution of disputes through legal means and in accordance
with international law. As I affirmed here last year, and
America's Freedom of Navigation Operations in the South China
Sea have demonstrated, the United States will continue to
fly, sail and operate wherever international law allows, so
that everyone in the region can do the same.''.
(6) On July 12, 2016, the Permanent Court of Arbitration's
Tribunal organized pursuant to the United Nations Convention
on the Law of the Sea issued its unanimous award in the
arbitration instituted by Republic of the Philippines against
the People's Republic of China. The Tribunal noted that its
award is final and binding under that Convention.
(7) Also according to the award, the Tribunal ``concluded
that, to the extent China had historical rights to resources
in the waters of the South China Sea, such rights were
extinguished to the extent they were incompatible with the
exclusive economic zones provided for in the Convention. The
Tribunal concluded that there was no legal basis for China to
claim historic rights to resources within the sea areas
falling within the `nine-dash line'.''.
(8) Also according to the award, the Tribunal ``held that
the Spratly Islands cannot generate maritime zones
collectively as a unit. Having found that none of the
features claimed by China was capable of generating an
exclusive economic zone, the Tribunal found that it could--
without delimiting a boundary--declare that certain sea areas
are within the exclusive economic zone of the Philippines,
because those areas are not overlapped by any possible
entitlement of China.''.
(9) Also according to the award, the Tribunal ``found that
China had violated the Philippines' sovereign rights in its
exclusive economic zone by (a) interfering with Philippine
fishing and petroleum exploration, (b) constructing
artificial islands and (c) failing to prevent Chinese
fishermen from fishing in the zone. The Tribunal also held
that fishermen from the Philippines (like those from China)
had traditional fishing rights at Scarborough Shoal and that
China had interfered with these rights in restricting access.
The Tribunal further held that Chinese law enforcement
vessels had unlawfully created a serious risk of collision
when they physically obstructed Philippine vessels.''.
(10) On July 12, 2016, the Ministry of Foreign Affairs of
the People's Republic of China issued a statement that China
``declares that the [Tribunal] award is null and void and has
no binding force. China neither accepts nor recognizes it. .
. . China's territorial sovereignty and maritime rights and
interests in the South China Sea shall under no circumstances
be affected by those
[[Page S3619]]
awards. China opposes and will never accept any claim or
action based on those awards.''.
(11) On July 12, 2016, the Government of the People's
Republic of China issued the fifth statement in the name of
that Government since 1979 that--
(A) stated that the People's Republic of China has
sovereignty over the 4 rocks and shoals in the South China
Sea;
(B) claims internal waters, territorial seas, contiguous
zones, one or more exclusive economic zones, and a
continental shelf based on that sovereignty claim; and
(C) continues to claim historic rights in the South China
Sea.
(12) On July 12, 2016, Assistant Secretary of State and
Department of State Spokesperson John Kirby noted that the
``United States strongly supports the rule of law. We support
efforts to resolve territorial and maritime disputes in the
South China Sea peacefully, including through arbitration. .
. . we urge all claimants to avoid provocative statements or
actions. This decision can and should serve as a new
opportunity to renew efforts to address maritime disputes
peacefully.''.
(13) On July 13, 2016, the Vice Foreign Minister of the
People's Republic of China, Liu Zhenmin, said that declaring
an air defense identification zone in the South China Sea
would depend on the threat China faces and stated that ``[i]f
our security is threatened, we of course have the right to
set it up''.
(14) On July 18, 2016, the People's Liberation Army Air
Force of the People's Republic of China stated that it had
conducted a ``combat air patrol'' over the South China Sea
and that it would become ``regular practice'' in the future.
A spokesperson stated that the People's Liberation Army Air
Force ``will firmly defend national sovereignty, security and
maritime interests, safeguard regional peace and stability,
and cope with various threats and challenges''.
(15) On August 2, 2016, the Supreme People's Court of the
People's Republic of China issued a judicial interpretation
that people caught illegally fishing in Chinese waters could
be jailed for up to one year.
(16) In the Agreement concerning the Ryukyu Islands and the
Daito Islands with Related Arrangements, signed at Washington
and Tokyo June 17, 1971 (23 UST 446), between the United
States and Japan (commonly referred to as the ``Okinawa
Reversion Treaty''), the United States agreed to apply the
Treaty of Mutual Cooperation and Security, with Agreed Minute
and Exchanges of Notes (11 UST 1632), signed at Washington
January 19, 1961, between the United States and Japan, to the
area covered by the Okinawa Reversion Treaty, including the
Senkaku Islands.
(17) In April 2014, President Barack Obama stated, ``The
policy of the United States is clear--the Senkaku Islands are
administered by Japan and therefore fall within the scope of
Article 5 of the U.S.-Japan Treaty of Mutual Cooperation and
Security. And we oppose any unilateral attempts to undermine
Japan's administration of these islands.''.
(18) In February 2017, President Donald Trump and Japanese
Prime Minister Shinzo Abe issued a joint statement that
``affirmed that Article V of the U.S.-Japan Treaty of Mutual
Cooperation and Security covers the Senkaku Islands''.
SEC. 1283. DEFINITIONS.
In this subtitle:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(4) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of the
People's Republic of China; or
(B) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
(5) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section
5312(a)(2) of title 31, United States Code.
(6) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Person.--The term ``person'' means any individual or
entity.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 1284. POLICY OF THE UNITED STATES WITH RESPECT TO THE
SOUTH CHINA SEA AND THE EAST CHINA SEA.
It is the policy of the United States--
(1) to support the principle that disputes between
countries should be resolved peacefully consistent with
international law;
(2) to reaffirm its unwavering commitment and support for
allies and partners in the Asia-Pacific region, including
longstanding United States policy--
(A) regarding Article V of the Mutual Defense Treaty,
signed at Washington August 30, 1951 (3 UST 3947), between
the United States and the Philippines; and
(B) that Article V of the Mutual Defense Assistance
Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST
661), between the United States and Japan, applies to the
Senkaku Islands, which are administered by Japan; and
(3) to support the principle of freedom of navigation and
overflight and to continue to use the sea and airspace
wherever international law allows.
SEC. 1285. SENSE OF CONGRESS WITH RESPECT TO THE SOUTH CHINA
SEA AND THE EAST CHINA SEA.
It is the sense of Congress that--
(1) the United States--
(A) opposes all claims in the maritime domains that
impinges on the rights, freedoms, and lawful use of the seas
that belong to all countries;
(B) opposes unilateral actions by the government of any
country seeking to change the status quo in the South China
Sea through the use of coercion, intimidation, or military
force;
(C) opposes actions by the government of any country to
interfere in any way in the free use of waters and airspace
in the South China Sea or East China Sea;
(D) opposes actions by the government of any country to
prevent any other country from exercising its sovereign
rights to the resources of the exclusive economic zone and
continental shelf by making claims that have no support in
international law; and
(E) upholds the principle that territorial and maritime
claims, including with respect to territorial waters or
territorial seas, must be derived from land features and
otherwise comport with international law;
(2) the People's Republic of China should not continue to
pursue illegitimate claims and to militarize an area that is
essential to global security;
(3) the United States should--
(A) continue and expand freedom of navigation operations
and overflights;
(B) reconsider the traditional policy of not taking a
position on individual claims; and
(C) respond to provocations by the People's Republic of
China with commensurate actions that impose costs on any
attempts to undermine security in the region;
(4) the Senkaku Islands are covered by Article V of the
Mutual Defense Assistance Agreement, with Annexes, signed at
Tokyo March 8, 1954 (5 UST 661), between the United States
and Japan; and
(5) the United States should firmly oppose any unilateral
actions by the People's Republic of China that seek to
undermine Japan's control of the Senkaku Islands.
SEC. 1286. SANCTIONS WITH RESPECT TO CHINESE PERSONS
RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH
CHINA SEA AND THE EAST CHINA SEA.
(a) Initial Imposition of Sanctions.--On and after the date
that is 60 days after the date of the enactment of this Act,
the President shall impose the sanctions described in
subsection (b) with respect to--
(1) any Chinese person that contributes to construction or
development projects, including land reclamation, island-
making, lighthouse construction, building of base stations
for mobile communications services, building of electricity
and fuel supply facilities, or civil infrastructure projects,
in areas of the South China Sea contested by one or more
members of the Association of Southeast Asian Nations;
(2) any Chinese person that is responsible for or complicit
in, or has engaged in, directly or indirectly, actions or
policies that threaten the peace, security, or stability of
areas of the South China Sea contested by one or more members
of the Association of Southeast Asian Nations or areas of the
East China Sea administered by Japan or the Republic of
Korea, including through the use of vessels and aircraft to
impose the sovereignty of the People's Republic of China in
those areas;
(3) any Chinese person that engages, or attempts to engage,
in an activity or transaction that materially contributes to,
or poses a risk of materially contributing to, an activity
described in paragraph (1) or (2); and
(4) any person that--
(A) is owned or controlled by a person described in
paragraph (1), (2), or (3);
(B) is acting for or on behalf of such a person; or
(C) provides, or attempts to provide--
(i) financial, material, technological, or other support to
a person described in paragraph (1), (2), or (3); or
(ii) goods or services in support of an activity described
in paragraph (1), (2), or (3).
(b) Sanctions Described.--
[[Page S3620]]
(1) Blocking of property.--The President shall block, in
accordance with the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of any person subject to
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) Exclusion from united states.--The Secretary of State
shall deny a visa to, and the Secretary of Homeland Security
shall exclude from the United States, any person subject to
subsection (a) that is an alien.
(3) Current visa revoked.--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 any person
subject to subsection (a) that is an alien, regardless of
when issued. The revocation shall take effect immediately and
shall automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(c) Exceptions; Penalties.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b)(1).
(2) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall
not apply if admission to 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.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b)(1) to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(d) Additional Imposition of Sanctions.--
(1) In general.--The President shall prohibit the opening,
and prohibit or impose strict conditions on the maintaining,
in the United States of a correspondent account or a payable-
through account by a foreign financial institution that the
President determines knowingly, on or after the date that is
60 days after the date of the enactment of this Act, conducts
or facilitates a significant financial transaction for a
person subject to subsection (a) if the Director of National
Intelligence determines that the Government of the People's
Republic of China has--
(A) declared an air defense identification zone over any
part of the South China Sea;
(B) initiated reclamation work at another disputed location
in the South China Sea, such as at Scarborough Shoal;
(C) seized control of Second Thomas Shoal;
(D) deployed surface-to-air missiles to any of the
artificial islands the People's Republic of China has built
in the Spratly Island chain, including Fiery Cross, Mischief,
or Subi Reefs;
(E) established territorial baselines around the Spratly
Island chain;
(F) increased harassment of Philippine vessels; or
(G) increased provocative actions against the Japanese
Coast Guard or Maritime Self-Defense Force or United States
forces in the East China Sea.
(2) Report.--
(A) In general.--The determination of the Director of
National Intelligence referred to in paragraph (1) shall be
submitted in a report to the President and the appropriate
congressional committees.
(B) Form of report.--The report required by subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1287. DETERMINATIONS AND REPORT ON CHINESE COMPANIES
ACTIVE IN THE SOUTH CHINA SEA AND THE EAST
CHINA SEA.
(a) In General.--The Secretary of State shall submit to the
appropriate congressional committees a report that identifies
each Chinese person the Secretary determines is engaged in
the activities described in section 1286(a).
(b) Consideration.--In preparing the report required under
subsection (a), the Secretary of State shall make specific
findings with respect to whether each of the following
persons is involved in the activities described in section
1286(a):
(1) CCCC Tianjin Dredging Co., Ltd.
(2) CCCC Dredging (Group) Company, Ltd.
(3) China Communications Construction Company (CCCC), Ltd.
(4) China Petroleum Corporation (Sinopec Group).
(5) China Mobile.
(6) China Telecom.
(7) China Southern Power Grid.
(8) CNFC Guangzhou Harbor Engineering Company.
(9) Zhanjiang South Project Construction Bureau.
(10) Hubei Jiangtian Construction Group.
(11) China Harbour Engineering Company (CHEC).
(12) Guangdong Navigation Group (GNG) Ocean Shipping.
(13) Shanghai Leading Energy Shipping.
(14) China National Offshore Oil Corporation (CNOOC).
(15) China Oilfield Services Limited (COSL).
(16) China Precision Machinery Import/Export Corporation
(CPMIEC).
(17) China Aerospace Science and Industry Corporation
(CASIC).
(18) Aviation Industry Corporation of China (AVIC).
(19) Shenyang Aircraft Corporation.
(20) Shaanxi Aircraft Corporation.
(21) China Ocean Shipping (Group) Company (COSCO).
(22) China Southern Airlines.
(23) Zhan Chaoying.
(24) Sany Group.
(25) Chinese persons affiliated with any of the entities
specified in paragraphs (1) through (24).
(c) Submission and Form.--
(1) Submission.--The report required by subsection (a)
shall be submitted not later than 60 days after the date of
the enactment of this Act and every 180 days thereafter until
the date that is 3 years after the date of the enactment of
this Act.
(2) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex if the Secretary of State determines it is necessary
for the national security interests of the United States to
do so.
(3) Public availability.--The Secretary of State shall
publish the unclassified part of the report required by
subsection (a) on a publicly available website of the
Department of State.
SEC. 1288. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH
CHINA SEA OR THE EAST CHINA SEA AS PART OF
CHINA.
The Government Publishing Office may not publish any map,
document, record, electronic resource, or other paper of the
United States (other than materials relating to hearings held
by committees of Congress or internal work product of a
Federal agency) portraying or otherwise indicating that it is
the position of the United States that the territory or
airspace in the South China Sea contested by one or more
members of the Association of Southeast Asian Nations or the
territory or airspace of areas of the East China Sea
administered by Japan or the Republic of Korea is part of the
territory or airspace of the People's Republic of China.
SEC. 1289. PROHIBITION ON FACILITATING CERTAIN INVESTMENTS IN
THE SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) In General.--No United States person may take any
action to approve, facilitate, finance, or guarantee any
investment, provide insurance, or underwriting in the South
China Sea or the East China Sea that involves any person with
respect to which sanctions are imposed under section 1286(a).
(b) Enforcement.--The Secretary of the Treasury, in
consultation with the Secretary of State, is authorized to
take such actions, including the promulgation of such rules
and regulations, as may be necessary to carry out the
purposes of this section.
(c) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under this
section to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(d) Exception.--Subsection (a) shall not apply with respect
to humanitarian assistance, disaster assistance, or emergency
food assistance.
SEC. 1290. DEPARTMENT OF JUSTICE AFFIRMATION OF NON-
RECOGNITION OF ANNEXATION.
In any matter before any United States court, upon request
of the court or any party to the matter, the Attorney General
shall affirm the United States policy of not recognizing the
de jure or de facto sovereignty of the People's Republic of
China over territory or airspace contested by one or more
members of the Association of Southeast Asian Nations in the
South China Sea or the territory or airspace of areas of the
East China Sea administered by Japan or the Republic of
Korea.
SEC. 1291. NON-RECOGNITION OF CHINESE SOVEREIGNTY OVER THE
SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) United States Armed Forces.--The Secretary of Defense
may not take any action, including any movement of aircraft
or vessels that implies recognition of the sovereignty of the
People's Republic of China over territory or airspace
contested by one or more members of the Association of
Southeast Asian Nations in the South China Sea or the
territory or airspace of areas of the East China Sea
administered by Japan or the Republic of Korea.
(b) United States Flagged Vessels.--No vessel that is
issued a certificate of documentation under chapter 121 of
title 46, United States Code, may take any action that
implies recognition of the sovereignty of the People's
Republic of China over territory or airspace contested by one
or more members of the Association of Southeast Asian Nations
in the South China Sea or the territory or airspace of areas
of the East China Sea administered by Japan or the Republic
of Korea.
(c) United States Aircraft.--No aircraft operated by an air
carrier that holds an air carrier certificate issued under
chapter 411 of title 49, United States Code, may take any
action that implies recognition of the sovereignty of the
People's Republic of China
[[Page S3621]]
over territory or airspace contested by one or more members
of the Association of Southeast Asian Nations in the South
China Sea or the territory or airspace of areas of the East
China Sea administered by Japan or the Republic of Korea.
SEC. 1292. PROHIBITION ON CERTAIN ASSISTANCE TO COUNTRIES
THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE
SOUTH CHINA SEA OR THE EAST CHINA SEA.
(a) Prohibition.--Except as provided by subsection (c) or
(d), no amounts may be obligated or expended to provide
foreign assistance to the government of any country
identified in a report required by subsection (b).
(b) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter
until the date that is 3 years after such date of enactment,
the Secretary of State shall submit to the appropriate
congressional committees a report identifying each country
that the Secretary determines recognizes, after the date of
the enactment of this Act, the sovereignty of the People's
Republic of China over territory or airspace contested by one
or more members of the Association of Southeast Asian Nations
in the South China Sea or the territory or airspace of areas
of the East China Sea administered by Japan or the Republic
of Korea.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if the Secretary of State determines it is necessary
for the national security interests of the United States to
do so.
(3) Public availability.--The Secretary of State shall
publish the unclassified part of the report required by
paragraph (1) on a publicly available website of the
Department of State.
(c) Exception.--This section shall not apply with respect
to Taiwan, humanitarian assistance, disaster assistance,
emergency food assistance, or the Peace Corps.
(d) Waiver.--The President may waive the application of
subsection (a) with respect to the government of a country if
the President determines that the waiver is in the national
interests of the United States.
______
SA 2604. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1226. REPORT ON USE BY GOVERNMENT OF IRAN OF COMMERCIAL
AIRCRAFT AND RELATED SERVICES FOR ILLICIT
ACTIVITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President, in consultation with the Secretary of Defense, the
Secretary of State, and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on the use by the Government of Iran of
commercial aircraft and related services for illicit
activities.
(b) Elements of Report.--The report required by subsection
(a) shall include a description of the extent to which--
(1) the Government of Iran is using commercial aircraft,
including aircraft of Iran Air, or related services to
transport illicit cargo to or from Iran, including military
goods, weapons, military personnel, military-related
electronic parts and mechanical equipment, or rocket or
missile components; and
(2) the commercial aviation sector of Iran, including Iran
Air, is providing financial, material, or technological
support to--
(A) the Islamic Revolutionary Guard Corps;
(B) Iran's Ministry of Defense and Armed Forces Logistics;
(C) the regime of Bashar al Assad in Syria;
(D) Hezbollah, Hamas, Kata'ib Hezbollah, or any other
organization designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189); or
(E) any entity on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury.
(c) Termination.--This section shall terminate on the date
that is 30 days after the date on which the President
certifies to Congress that the Government of Iran has ceased
providing support for acts of international terrorism.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
______
SA 2605. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 842, between lines 14, and 15, insert the
following:
``(G) Investments in united states businesses targeted by
made in china 2025 initiative.--
``(i) In general.--In addition to any other transaction
covered by this paragraph, the term `covered investment'
includes any investment (other than a passive investment) by
any foreign person in a United States business that produces,
designs, tests, manufactures, or develops one or more
products described in clause (ii).
``(ii) Products described.--A product is described in this
clause if any of the following apply with respect to the
product:
``(I) The Committee determines the product is comparable to
a product--
``(aa) manufactured or produced in, or exported from, the
People's Republic of China; and
``(bb) that receives support from the Government of the
People's Republic of China pursuant to the Made in China 2025
industrial policy of that Government.
``(II) The product is specified in any of the following
documents of the Government of the People's Republic of
China:
``(aa) Notice on Issuing Made in China 2025.
``(bb) China Manufacturing 2025.
``(cc) Notice on Issuing the 13th Five-year National
Strategic Emerging Industries Development Plan.
``(dd) Guiding Opinion on Promoting International
Industrial Capacity and Equipment Manufacturing Cooperation.
``(ee) Any document relating to the 863 program or the
State High-Tech Development Plan.
``(ff) Any other document that expresses a national
strategy or stated goal in connection with the Made in China
2025 industrial policy set forth by the Government of the
People's Republic of China, the Communist Party of China, or
another entity or individual capable of impacting the
national strategy of the People's Republic of China.
``(III) The Committee determines that the product receives
support from the Government of the People's Republic of China
and imports of that product into the United States have or
will in the future displace net exports of comparable
products by the United States.
``(IV) The Committee determines the product is produced by
or used in any of the following industries:
``(aa) Civil aircraft.
``(bb) Motor car and vehicle.
``(cc) Advanced medical equipment.
``(dd) Advanced construction equipment.
``(ee) Agricultural machinery.
``(ff) Railway equipment.
``(gg) Diesel locomotive.
``(hh) Moving freight.
``(ii) Lithium battery manufacturing.
``(jj) Artificial intelligence.
``(kk) High-capacity computing.
``(ll) Quantum computing.
``(mm) Robotics.
``(nn) Biotechnology.
``(iii) Relation to definition of passive investment.--For
purposes of subparagraph (D), any reference to a United
States critical infrastructure company or United States
critical technology company shall be deemed to include a
reference to a United States business described in clause
(i).
______
SA 2606. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
After section 1725, insert the following:
SEC. 1726. PROTECTION OF EMERGING AND FOUNDATIONAL
TECHNOLOGIES.
(a) List Required.--The Secretary of Defense shall
establish and maintain a list of emerging and foundational
technologies that are necessary for maintaining the national
security technological advantage of the United States over
countries of special concern, as determined by the Secretary.
(b) Technology Protection.--The Secretary shall use the
list required by subsection (a) to inform activities carried
out by the Secretary relating to technology protection,
including under interagency processes carried out under
section 1725 or any other provision of law.
[[Page S3622]]
(c) Country of Special Concern.--In this section, the term
``country of special concern'' has the meaning given that
term in section 721(a) of the Defense Production Act of 1950,
as amended by section 1703.
______
SA 2607. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1018. INCREASE IN NUMBER OF OPERATIONAL AIRCRAFT
CARRIERS OF THE NAVY.
(a) Findings.--Congress finds the following:
(1) The aircraft carrier can fulfill the Navy's core
missions of forward presence, sea control, ensuring safe sea
lanes, and power projection as well as providing flexibility
and versatility to execute a wide range of additional
missions.
(2) Forward airpower is integral to the security and joint
forces operations of the United States. Carriers play a
central role in delivering forward airpower from sovereign
territory of the United States in both permissive and
nonpermissive environments.
(3) Aircraft carriers provide our Nation the ability to
rapidly and decisively respond to national threats, as well
as conducting worldwide, on-station diplomacy and providing
deterrence against threats to the United States allies,
partners, and friends.
(4) Since the end of the cold war, aircraft carrier
deployments have increased while the aircraft carrier force
structure has declined.
(5) Considering the increased array of complex threats
across the globe, the Navy aircraft carrier is operating at
maximum capacity, increasing deployment lengths and
decreasing maintenance periods in order to meet operational
requirements.
(6) To meet global peacetime and wartime requirements, the
Navy has indicated a requirement to maintain two aircraft
carriers deployed overseas and have three additional aircraft
carriers capable of deploying within 90 days. However, the
Navy has indicated that the existing aircraft carrier force
structure cannot support these military requirements.
(7) Despite the requirement to maintain an aircraft carrier
strike group in both the United States Central Command and
the United States Pacific Command, the Navy has been unable
to generate sufficient capacity to support combatant
commanders and has developed significant carrier gaps in
these critical areas.
(8) Because of the continuing use of a diminished aircraft
carrier force structure, extensive maintenance availabilities
result which typically exceed program costs and increase time
in shipyards. These expansive maintenance availabilities
exacerbate existing carrier gaps.
(9) Developing an alternative design to the Ford-class
aircraft carrier is not cost beneficial. A smaller design is
projected to incur significant design and engineering cost
while significantly reducing magazine size, carrier air wing
size, sortie rate, and on-station effectiveness, among other
vital factors, as compared to the Ford-class. Furthermore, a
new design will delay the introduction of future aircraft
carriers, exacerbating existing carrier gaps and threatening
the national security of the United States.
(10) The 2016 Navy Force Structure Assessment states ``A
minimum of 12 aircraft carriers are required to meet the
increased warfighting response requirements of the Defense
Planning Guidance Defeat/Deny force sizing direction.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should expedite delivery of 12
aircraft carriers; and
(2) an aircraft carrier should be authorized every three
years.
(c) Increase in Number of Operational Aircraft Carriers of
the Navy.--
(1) Increase.--Section 5062(b) of title 10, United States
Code, is amended by striking ``11 operational aircraft
carriers'' and inserting ``12 operational aircraft
carriers''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2022.
______
SA 2608. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 129. PROCUREMENT AUTHORITY FOR GERALD R. FORD CLASS
AIRCRAFT CARRIER PROGRAM.
(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts, beginning with the fiscal
year 2019 program year, for the procurement of one Gerald R.
Ford class aircraft carrier to be designated CVN-81.
(2) Procurement in conjunction with cvn-80.--The aircraft
carrier authorized to be procured under subsection (a) may be
procured as an addition to the contract covering the Gerald
R. Ford class aircraft carrier designated CVN-80 that is
authorized to be constructed under section 121 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2104).
(b) Use of Incremental Funding.--With respect to a contract
entered into under subsection (a), the Secretary of the Navy
may use incremental funding to make payments under the
contract.
(c) Liability.--A contract entered into under subsection
(a) shall provide that the total liability to the Government
for termination of the contract entered into shall be limited
to the total amount of funding obligated at the time of
termination.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year is subject to the availability of
appropriations for that purpose for such fiscal year.
______
SA 2609. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following new
section:
SEC. 144. CONVERSION OF F-22 AIRCRAFT.
(a) Contract Authority.--The Secretary of the Air Force may
enter into one or more contracts, beginning with the fiscal
year 2019 program year, to convert up to 34 F-22 aircraft of
the Air Force from a Block 20 configuration to a Block 35
configuration.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2019 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
(c) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4101 for procurement, as specified in
the corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, is hereby increased by $98,000,000
(to be used to carry out subsection (a)).
______
SA 2610. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 323. REPORTS ON MITIGATION OF PHYSIOLOGICAL EPISODES
ASSOCIATED WITH AIRCRAFT.
(a) Report on t-45 Aircraft Physiological Episode
Mitigation Actions.--
(1) Report required.--Not later than March 1, 2019, the
Secretary of the Navy shall submit to the congressional
defense committees a report on modifications made to T-45
aircraft and associated ground equipment to mitigate the risk
of physiological episodes among T-45 aircraft crewmembers.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a list of all modifications to the T-45 aircraft and
associated ground equipment carried out during fiscal years
2017 through 2019 to mitigate the risk of physiological
episodes among T-45 crewmembers;
(B) the results achieved by such modifications as
determined by relevant testing and operational activities;
(C) the cost of such modifications; and
(D) any plans of the Navy for future modifications.
(b) Report on Efforts of the Air Force to Mitigate
Physiological Episodes Affecting Aircraft Crewmembers.--
(1) Report required.--Not later than March 1, 2019, the
Secretary of the Air Force shall submit to the congressional
defense committees a report on all efforts of the Air
[[Page S3623]]
Force to reduce the occurrence of, and mitigate the risk
posed by, physiological episodes affecting crewmembers of
covered aircraft.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) information on the rate of physiological episodes
affecting crewmembers of covered aircraft;
(B) a description of the specific actions carried out by
the Air Force to address such episodes, including a
description of any upgrades or other modifications made to
covered aircraft to address such episodes;
(C) schedules and cost estimates for any upgrades or
modifications identified under subparagraph (B); and
(D) an explanation of any organizational or other changes
to the Air Force carried out to address such physiological
episodes.
(3) Covered aircraft defined.--In this subsection, the term
``covered aircraft'' means--
(A) F-35A aircraft of the Air Force;
(B) T-6A aircraft of the Air Force; and
(C) any other aircraft of the Air Force as determined by
the Secretary of the Air Force.
(c) F-18 Aircraft.--
(1) Modifications required.--The Secretary of the Navy
shall modify the F/A-18 aircraft to reduce the occurrence of,
and mitigate the risk posed by, physiological episodes
affecting crewmembers of the aircraft. The modifications
shall include, at minimum--
(A) replacement of the F/A-18 cockpit altimeter;
(B) upgrade of the F/A-18 onboard oxygen generation system;
(C) redesign of the F/A-18 aircraft life support systems
required to meet onboard oxygen generation system input
specifications;
(D) installation of equipment associated with improved F/A-
18 physiological monitoring and alert systems; and
(E) installation of an automatic ground collision avoidance
system.
(2) Report required.--Not later than February 1, 2019, and
annually thereafter through February 1, 2021, the Secretary
of the Navy shall submit to the congressional defense
committees a written update on the status of all
modifications to the F/A-18 aircraft carried out by the
Secretary pursuant to paragraph (1).
(3) Waiver.--The Secretary of the Navy may waive the
requirement to make a modification under paragraph (1) if the
Secretary certifies to the congressional defense committees
that the specific modification is inadvisable and provides a
detailed justification for excluding the modification from
the Navy's planned upgrades for the F/A-18 aircraft.
(d) Certification on Inclusion of Technology to Minimize
Physiological Episodes in Certain Aircraft.--
(1) Certification required.--Not later than 15 days before
entering into a contract for the procurement of a covered
aircraft, the Secretary concerned shall submit to the
congressional defense committees a written statement
certifying that the aircraft to be procured under the
contract will include the most recent technological
advancements necessary to minimize the impact of
physiological episodes on aircraft crewmembers.
(2) Waiver.--The Secretary concerned may waive the
requirement of paragraph (1) if the Secretary--
(A) determines the waiver is required in the interest of
national security; and
(B) not later than 15 days before entering into a contract
for the procurement of a covered aircraft, notifies the
congressional defense committees of the rationale for the
waiver.
(3) Termination.--The requirement to submit a certification
under paragraph (1) shall terminate on September 30, 2021.
(4) Definitions.--In this subsection:
(A) The term ``covered aircraft'' means a fighter aircraft,
an attack aircraft, or a fixed wing trainer aircraft.
(B) The term ``Secretary concerned'' means--
(i) the Secretary of the Navy, with respect to covered
aircraft of the Navy; and
(ii) the Secretary of the Air Force, with respect to
covered aircraft of the Air Force.
______
SA 2611. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. INFORMATION ON APPRENTICESHIP PROGRAMS AS PART OF
TRANSITION COUNSELING PROVIDED TO MEMBERS OF
THE ARMED FORCES.
The Secretary of Defense shall ensure that the transition
counseling provided by the Department of Defense to members
of the Armed Forces who are in the process of separating from
the Armed Forces (including the reserve components) includes
the provision of information to such members on the
following:
(1) The potential benefits of apprenticeship programs.
(2) The appropriate use of educational assistance for
veterans to pay for apprenticeship programs.
(3) The availability of veteran-focused, nonprofit
apprenticeship programs.
______
SA 2612. Mr. BLUMENTHAL (for himself and Mr. Wicker) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. COST-EFFECTIVENESS ANALYSIS OF EQUIPMENT RENTAL.
(a) Cost-Effectiveness Analysis of Equipment Rental.--
(1) In general.--With respect to any cost-effectiveness
analysis for equipment acquisition conducted on or after the
date that is 180 days after the date of the enactment of this
Act, the head of each executive agency shall consider
equipment rental in such cost-effectiveness analysis.
(2) Federal acquisition regulation.--The Federal
Acquisition Regulation shall be revised to implement the
requirement under paragraph (1).
(b) Study of Cost-Effectiveness Analysis.--Not later than 2
years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a comprehensive report on
the decisions made by the executive agencies with the highest
levels of acquisition spending, and a sample of executive
agencies with lower levels of acquisition spending, to
acquire high-value equipment by lease, rental, or purchase
pursuant to subpart 7.4 of the Federal Acquisition
Regulation.
(c) Definitions.--In this section:
(1) Equipment rental.--The term ``equipment rental'' means
the acquisition of equipment by contract from a commercial
source for a temporary period of use with no fixed duration.
(2) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 102 of title 40,
United States Code.
______
SA 2613. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. ENHANCEMENT OF MONITORING AND INVESTIGATION OF
TRAFFICKING IN PERSONS.
Section 1704 of the National Defense Authorization Act for
Fiscal Year 2013 (22 U.S.C. 7104b) is amended by adding at
the end the following new subsection:
``(e) Supply Chain Transparency.--
``(1) In general.--To facilitate monitoring and
investigation of human trafficking, the Office of Management
and Budget shall ensure that the searchable public website
established pursuant to the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282) includes
the following information on Federal awards at each tier to
both domestic and foreign awardees:
``(A) The location of the entity receiving the award and
the location of performance and production facilities under
the award, including the name of a facility, street address,
city, State if applicable, congressional district if
applicable, and country.
``(B) Notice of whether a contractor must provide a
compliance plan to prevent human trafficking under section
1703 of the National Defense Authorization Act for Fiscal
Year 2013 (22 U.S.C. 1704a).
``(C) Notice of whether the location of performance or
production facilities is within a country ranked at tier 2 or
tier 3 in the most recent Human Trafficking Report of the
Department of State.
``(D) Additional information that facilitates monitoring
and investigation of human trafficking.
``(2) Phase-in period for reporting subcontracts and
subgrants.--Pursuant to paragraph (1), the Director of the
Office of Management and Budget shall--
``(A) issue a time-bound plan to phase in the new reporting
not later than January 1, 2020;
``(B) require reporting of subcontract and subgrant data at
tier one not later than January 1, 2020;
``(C) require reporting of subcontract and subgrant data at
tier two not later than January 1, 2022; and
[[Page S3624]]
``(D) include in the annual report required by section 2(g)
of the Federal Funding Accountability and Transparency Act
(Public Law 109-282; 31 U.S.C. 6101 note), progress on these
stages and options for transparency at lower stages starting
in fiscal year 2023.
``(3) Exceptions.--
``(A) Minimum threshold.--Consistent with the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. 6101 note), executive agencies need
not disclose contracts, subcontracts, grants, subgrants, or
cooperative agreements less than $25,000 or contractors with
gross income less than $300,000 in the previous tax year.
``(B) Security risks.--An awarding agency need not disclose
the identity of a foreign awardee if the awarding agency
certifies that disclosure of the contractor's identity would
pose a security risk to the contractor or its contractual
mission.
``(C) Waivers.--
``(i) Guidance.--Not later than one year after the date of
enactment of this subsection, the Office of Management and
Budget shall issue guidance to establish a process by which a
contractor, subcontractor, grantee, subgrantee, or parties to
cooperative agreements may request a waiver from any of the
requirements set forth in the section.
``(ii) Criteria.--To receive a waiver, the contractor,
subcontractor, grantee, subgrantee, or party to a cooperative
agreement must demonstrate why it cannot currently meet the
requirements and must explain the steps it will take to meet
the requirements once the waiver expires.
``(iii) Expiration.--This waiver option will expire on
January 1, 2021.
``(iv) Waiver list.--The Office of Management and Budget
shall maintain a public list of all contractors,
subcontractors, grantees, subgrantees, or parties to
cooperative agreements that have received a waiver.
``(4) Scope.--For purposes of this section--
``(A) awards include contracts and subcontracts, grants and
subgrants, and cooperative agreements; and
``(B) subcontracts include--
``(i) all tiers of the supply chain, not just those to
which the prime contractor is a party; and
``(ii) supplier agreements with vendors, such as long-term
arrangements for materials or supplies that benefit multiple
contracts or with respect to which costs are normally applied
to a contractor's general and administrative expenses or
indirect costs.''.
______
SA 2614. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 896. ANNUAL REPORT ON ADVERTISING SPENDING ON SOCIALLY
AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS
CONTRACTORS.
Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of Defense
shall submit to the congressional defense committees a report
estimating the portion of the of the Department of Defense's
advertising budget that is spent on advertising and public
relations contracts with socially and economically
disadvantaged small businesses and women, low-income, veteran
(as that term is defined in section 3(q) of the Small
Business Act (15 U.S.C. 632(q)), and minority entrepreneurs
and business owners at the prime and subcontracting levels.
______
SA 2615. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR
CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES
PUERTO RICO AND THE MUNICIPALITY OF VIEQUES.
(a) In General.--An individual shall be awarded monetary
compensation for a claim made under this section if such
individual--
(1) can demonstrate that he or she was a resident on the
island of Vieques, Puerto Rico, during or after the use by
the United States Government of the island for military
readiness;
(2) files a claim not later than 30 days after the date of
the enactment of this Act against the United States
Government for personal injury, including illness or death
arising from use by the United States Government of the
island of Vieques for military readiness; and
(3) submits to the court written medical documentation that
the individual contracted a chronic, life threatening, or
heavy metal disease or illness, including cancer,
hypertension, cirrhosis, and diabetes while the United States
Government used the island of Vieques, Puerto Rico for
military readiness.
(b) Appointment of Special Master.--
(1) In general.--The Secretary of the Treasury shall
appoint a Special Master to consider claims described in
paragraph (2).
(2) Amounts of award.--The amounts described in this
paragraph are as follows:
(A) $50,000 for 1 disease described in paragraph (1)(B);
(B) $80,000 for 2 diseases described in paragraph (1)(B);
and
(C) $110,000 for 3 or more diseases described in paragraph
(1)(B).
(c) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master shall provide to the
Municipality of Vieques the following for a claim described
in subsection (b)(2):
(A) An academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
which shall--
(i) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
(ii) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources and human
health situation;
(iii) determine the most efficient and effective way to
reduce the environmental toxins to a level sufficient to
return the soils, seas, food sources and health circumstances
to a level that reduces the diseases on Vieques to the
average in the United States.
(B) The past research from universities, colleges,
scientists, and doctors who have tested and evaluated the
prevalence of toxic substances in the soil, food sources, and
human populations.
(C) A medical coordinator and staff to upgrade the medical
facility and its equipment to a level to treat life
threatening, chronic, and heavy metal diseases, including
cancer, hypertension, cirrhosis, diabetes.
(D) Compensation to create and fund a medical home to
provide medical care for pediatric and adult patients,
allowing the patients to be referred for tertiary and
quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques, until such time as the disease
levels are reduced to the average in the United States.
(E) Amounts necessary for the academic partner and medical
coordinator to carry out the duties described in
subparagraphs (A) through (D).
(F) Amounts necessary to compensate the Municipality of
Vieques for--
(i) contractual procurement obligations and additional
expenses incurred by the Municipality as a result of the
enactment of this section; and
(ii) any other damages and costs to be incurred by the
Municipality, if the Special Master determines that it is
necessary to carry out the purpose of this section.
(2) Source.--Amounts awarded under this subsection shall be
made from amounts appropriated under section 1304 of title
31, United States Code.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Secretary of
the Treasury shall establish procedures whereby individuals
may submit claims for payments under this section to the
Special Master.
(B) Determination of claims.--The Special Master shall, in
accordance with this subsection, determine whether each claim
meets the requirements of this section. Claims already
disposed of by a court under chapter 171 of title 28, United
States Code, shall be treated as if they are currently filed.
(d) Action on Claims.--The Special Master shall complete a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
(e) Payment in Full Settlement of Claims by Individuals and
the Municipality of Vieques Against the United States.--The
acceptance by an individual or the Municipality of Vieques a
payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of the claim
described in subsection (a)(2); and
(3) constitute a complete release by the individual of such
claim against the United States and against any employee of
the United States acting in the scope of employment who is
involved in the matter giving rise to the claim.
(f) Administrative Costs.--No costs incurred by the
Secretary of the Treasury, or a designee of the Secretary,
not including attorney's fees, in carrying out this section
shall be paid from amounts appropriated under section 1304 of
title 31, United States Code, or set off against, or
otherwise deducted from, any payment under this section to
any individual.
(g) Certification of Treatment of Payments Under Other
Laws.--Amounts paid to an individual under this section--
[[Page S3625]]
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits.
(h) Nonassignability of Claims.--No claim cognizable under
this section shall be assignable or transferable.
(i) Limitation.--A claim to which this section applies
shall be barred unless the claim is filed within 20 years
after the date of the enactment of this Act.
(j) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury may
promulgated regulations to carry out this section.
(k) Use of Existing Resources.--The Secretary of the
Treasury should use funds or resources available to the
Secretary to carry out the functions under this section.
______
SA 2616. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C.
1681c-1(k)) is amended by striking paragraph (4).
______
SA 2617. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 79, strike lines 6 through 15 and insert the
following:
the Department, other Federal agencies, academia,
nongovernmental organizations, and the commercial sector, as
the Secretary considers appropriate.
(3) Elements.--The study required by paragraph (1)(A) shall
include the following:
(A) A comprehensive and national-level review of advances
in artificial intelligence and machine learning, and
associated technologies relevant to the needs of the
Department and the Armed Forces.
(B) An assessment of global trends of state and non-state
actor development and use of artificial intelligence
technologies in security.
(C) An assessment of the implications of incorporating
artificial intelligence into existing and future Department
of Defense weapons, operational, and non-operational systems.
(D) An assessment of the implications of the proliferation
of the use artificial intelligence in national security to
foreign state and non-state actors, including potential
proliferation to adversaries.
(E) An assessment of opportunities to establish
international cooperation on the use of artificial
intelligence technologies by the Department of Defense.
(F) Recommendations for addressing workforce development
requirements for the Department of Defense associated with
the use of artificial intelligence by the Department of
Defense.
(G) Recommendations for the use of artificial intelligence
by the Department of Defense for non-operational uses,
including the use of artificial intelligence, to enhance the
efficiency of personnel management and procurement processes.
(H) Recommendations for engagement by the Department with
relevant agencies that will be involved with artificial
intelligence in the future.
______
SA 2618. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. ___. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS
OF MILITARY WORKING DOGS AND THE MILITARY
WORKING DOG CONCERNED.
(a) Program of Award Required.--Each Secretary of a
military department shall carry out a program to provide for
the award of one or more medals or other commendations to
handlers of military working dogs under the jurisdiction of
such Secretary to recognize valor or meritorious achievement
by such handlers and dogs.
(b) Medal and Commendations.--Any medal or commendation
awarded pursuant to a program under subsection (a) shall be
of such design, and include such elements, as the Secretary
of the military department concerned shall specify.
(c) Presentation and Acceptance.--Any medal or commendation
awarded pursuant to a program under subsection (a) may be
presented to and accepted by the handler concerned on behalf
of the handler and the military working dog concerned.
(d) Regulations.--Medals and commendations shall be awarded
under programs under subsection (a) in accordance with
regulations prescribed by the Secretary of Defense for
purposes of this section.
______
SA 2619. Mr. HEINRICH (for himself and Mr. Udall) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3119. IMPLEMENTATION OF PLUTONIUM STRATEGY.
(a) Findings.--Congress finds the following:
(1) The National Nuclear Security Administration
recommended a plutonium pit production strategy to the
congressional defense committees in a letter dated May 10,
2018.
(2) The Chairperson of the Nuclear Weapons Council
established under section 179 of title 10, United States
Code, certified the letter described in paragraph (1) to the
congressional defense committees in a letter dated May 4,
2018, pursuant to section 3141 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(b) Annual Certification.--Not later than April 1, 2019,
and annually thereafter through 2025, the Chairperson 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 strategy described in subsection
(a)(1) is on track to meet--
(1) the requirement to begin production of 30 war reserve
pits per year at Los Alamos National Laboratory, Los Alamos,
New Mexico, by 2026; and
(2) the timelines for demonstrating a capability to produce
an additional 50 war reserve plutonium pits per year, as
required by section 4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a).
(c) Briefing.--Not later than March 1, 2019, the
Chairperson of the Nuclear Weapons Council and the
Administrator for Nuclear Security shall jointly provide to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
and to any other congressional defense committee upon
request, a briefing detailing the implementation of the
plutonium strategy described in subsection (a)(1),
including--
(1) milestones;
(2) accountable personnel for such milestones; and
(3) mechanisms for ensuring transparency with respect to
the progress of the strategy for the Department of Defense
and the congressional defense committees.
______
SA 2620. Mr. HEINRICH (for himself and Mr. Inhofe) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 340. STARBASE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the STARBASE program should continue to be funded by the
Department of Defense.
(b) Funding.--
(1) In general.--The amount authorized to be appropriated
for fiscal year 2019 for the Department of Defense by section
301 is hereby increased by $25,000,000, with the amount of
the increase to be available for Operation and Maintenance,
Defense-wide, for Civil
[[Page S3626]]
Military Programs for the STARBASE program.
(2) Offset.--The amount authorized to be appropriated for
fiscal year 2019 for the Department of Defense by section 301
is hereby reduced by $25,000,000, with the amount of the
reduction to be taken from amounts available for Operation
and Maintenance, Navy, for Operating Forces for Enterprise
Information (Line 300).
______
SA 2621. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 537. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the
appropriate discharge boards--
(1) shall review the discharge characterization of covered
members at the request of the covered member; and
(2) if such characterization is any characterization except
honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization
of a covered member to honorable under subsection (a)(2), the
Secretary of Defense shall ensure that such changes are
carried out consistently and uniformly across the military
departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't
Tell (in this Act referred to as ``DADT'') or a similar
policy in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if,
with respect to the original discharge, there were no
aggravating circumstances, such as misconduct, that would
have independently led to a discharge characterization that
was any characterization except honorable. For purposes of
this paragraph, such aggravating circumstances may not
include--
(A) an offense under section 925 of title 10, United States
Code (article 125 of the Uniform Code of Military Justice),
committed by a covered member against a person of the same
sex with the consent of such person; or
(B) statements, consensual sexual conduct, or consensual
acts relating to sexual orientation or identity, or the
disclosure of such statements, conduct, or acts, that were
prohibited at the time of discharge but after the date of
such discharge became permitted.
(3) When requesting a review, a covered member, or the
member's representative, shall be required to provide
either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the member;
(ii) a personal affidavit of the circumstances surrounding
the discharge; and
(iii) any relevant records pertaining to the discharge; or
(B) an affidavit certifying that the member, or the
member's representative, does not have the documents
specified in subparagraph (A).
(4) If a covered member provides an affidavit described in
subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make every effort
to locate the documents specified in subparagraph (A) of such
paragraph within the records of the Department of Defense;
and
(B) the absence of such documents may not be considered a
reason to deny a change of the discharge characterization
under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board
shall ensure the mechanism by which covered members, or their
representative, may request to have the discharge
characterization of the covered member reviewed under this
section is simple and straightforward.
(d) Review.--
(1) In general.--After a request described in subsection
(c) has been made, the appropriate discharge board shall
review all relevant laws, records of oral testimony
previously taken, service records, or any other relevant
information regarding the discharge characterization of the
covered member.
(2) Additional materials.--If additional materials are
necessary for the review, the appropriate discharge board--
(A) may request additional information from the covered
member or the member's representative, in writing, and
specifically detailing what is being requested; and
(B) shall be responsible for obtaining a copy of the
necessary files of the covered member from the member, or
when applicable, from the Department of Defense.
(e) Change of Characterization.--The appropriate discharge
board shall change the discharge characterization of a
covered member to honorable if such change is determined to
be appropriate after a review is conducted under subsection
(d) pursuant to the criteria under subsection (b). A covered
member, or the member's representative, may appeal a decision
by the appropriate discharge board to not change the
discharge characterization by using the regular appeals
process of the board.
(f) Change of Records.--For each covered member whose
discharge characterization is changed under subsection (e),
or for each covered member who was honorably discharged but
whose DD-214 form reflects the sexual orientation of the
member, the Secretary of Defense shall reissue to the member
or the member's representative a revised DD-214 form that
reflects the following:
(1) For each covered member discharged, the Separation
Code, Reentry Code, Narrative Code, and Separation Authority
shall not reflect the sexual orientation of the member and
shall be placed under secretarial authority. Any other
similar indication of the sexual orientation or reason for
discharge shall be removed or changed accordingly to be
consistent with this paragraph.
(2) For each covered member whose discharge occurred prior
to the creation of general secretarial authority, the
sections of the DD-214 form referred to paragraph (1) shall
be changed to similarly reflect a universal authority with
codes, authorities, and language applicable at the time of
discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge
characterization is changed under subsection (e) shall be
treated without regard to the original discharge
characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to an
individual by reason of service in the Armed Forces; and
(B) all recognitions and honors that the Secretary of
Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the
Secretary shall reinstate all recognitions and honors of a
covered member whose discharge characterization is changed
under subsection (e) that the Secretary withheld because of
the original discharge characterization of the member.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552
of title 10, United States Code, or the discharge review
boards under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed Forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of
title 10, United States Code, as in effect before such
section was repealed pursuant to the Don't Ask, Don't Tell
Repeal Act of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
(i) Reports.--
(1) Review.--The Secretary of Defense shall conduct a
review of the consistency and uniformity of the reviews
conducted under subsections (a) through (g).
(2) Reports.--Not later than 270 days after the date of the
enactment of this Act, and each year thereafter for a four-
year period, the Secretary shall submit to Congress a report
on the reviews under paragraph (1). Such reports shall
include any comments or recommendations for continued
actions.
(j) Historical Review.--The Secretary of each military
department shall ensure that oral historians of the
department--
(1) review the facts and circumstances surrounding the
estimated 100,000 members of the Armed Forces discharged from
the Armed Forces between World War II and September 2011
because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally
experienced discrimination and discharge because of the
actual or perceived sexual orientation of the individual so
that such testimony may serve as an official record of these
discriminatory policies and their impact on American lives.
______
SA 2622. Mr. SCHATZ (for himself and Mr. Boozman) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 633. EXTENSION OF CERTAIN MORALE, WELFARE, AND
RECREATION PRIVILEGES TO CERTAIN VETERANS AND
THEIR CAREGIVERS.
(a) Findings.--Congress makes the following findings:
(1) In 2017, the Secretary of Defense determined that the
addition of new patron categories to the commissary and
exchange systems would support the growth of a robust
customer base and help ensure the ability of both systems to
provide benefits to members of the Armed Forces and their
families.
(2) The Secretary previously opposed extending commissary
and exchange privileges to large patron groups such as
disabled veterans.
[[Page S3627]]
(3) In January 2017, the Secretary of Defense approved
limited online exchange shopping privileges for all veterans,
effective November 11, 2017.
(4) The Secretary determined that current patrons of
exchanges did not perceive the extension of such privileges
as diluting the benefit for members of the Armed Forces.
(5) The Purple Heart is the oldest military decoration,
awarded to members of the Armed Forces who have been wounded
or died in combat, fighting for the United States. Since the
modern incarnation of the award was established in 1932,
approximately 1,800,000 members of the Armed Forces have been
awarded the Purple Heart.
(b) Commissary Stores and MWR Facilities Privileges for
Certain Veterans and Veteran Caregivers.--
(1) Extension of privileges.--Chapter 54 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1065. Use of commissary stores and MWR facilities:
certain veterans and caregivers for veterans
``(a) Eligibility of Veterans Who Are Medal of Honor
Recipients.--A veteran who is a Medal of Honor recipient
shall be permitted to use commissary stores and MWR
facilities on the same basis as a member of the armed forces
entitled to retired or retainer pay.
``(b) Eligibility of Veterans Awarded the Purple Heart.--A
veteran who was awarded the Purple Heart shall be permitted
to use commissary stores and MWR facilities on the same basis
as a member of the armed forces entitled to retired or
retainer pay.
``(c) Eligibility of Veterans Who Are Former Prisoners of
War.--A veteran who is a former prisoner of war shall be
permitted to use commissary stores and MWR facilities on the
same basis as a member of the armed forces entitled to
retired or retainer pay.
``(d) Eligibility of Veterans With Service-connected
Disabilities.--A veteran with a service-connected disability
shall be permitted to use commissary stores and MWR
facilities on the same basis as a member of the armed forces
entitled to retired or retainer pay.
``(e) Eligibility of Caregivers for Veterans.--A caregiver
or family caregiver shall be permitted to use commissary
stores and MWR facilities on the same basis as a member of
the armed forces entitled to retired or retainer pay.
``(f) User Fee Authority.--(1) The Secretary of Defense
shall prescribe regulations that impose a user fee on
individuals who are eligible solely under this section to
purchase merchandise at a commissary store or MWR retail
facility.
``(2) The Secretary shall set the user fee under this
subsection at a rate that the Secretary determines will
offset any increase in expenses arising from this section
borne by the Department of the Treasury on behalf of
commissary stores associated with the use of credit or debit
cards for customer purchases, including expenses related to
card network use and related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant
to a user fee under this subsection in the General Fund of
the Treasury.
``(4) Any fee under this subsection is in addition to the
uniform surcharge under section 2484(d) of this title.
``(g) Definitions.--In this section:
``(1) The term `MWR facilities' includes--
``(A) MWR retail facilities, as that term is defined in
section 1063(e) of this title; and
``(B) military lodging operated by the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces.
``(2) The term `Medal of Honor recipient' has the meaning
given that term in section 1074h(c) of this title.
``(3) The terms `veteran', `former prisoner of war', and
`service-connected' have the meanings given those terms in
section 101 of title 38.
``(4) The terms `caregiver' and `family caregiver' have the
meanings given those terms in section in section 1720G(d) of
title 38.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 54 of such title is amended by adding at
the end the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans
and caregivers for veterans.''.
(3) Effective date.--Section 1065 of title 10, United
States Code, as added by paragraph (1), shall take effect at
the end of the 90-day period beginning on the date of the
enactment of this Act.
(c) Authorization of Appropriations for Updating EPACS for
Military Commissaries.--There is hereby authorized to be
appropriated for fiscal year 2019 for the Department of
Defense, $500,000 for updating the electronic physical access
control system used by military commissaries and exchanges so
that the system may recognize and accept veteran health
identification cards.
(d) Sense of Congress on Individuals Awarded the Purple
Heart.--It is the sense of Congress that the Secretary of
Defense, in coordination with the Secretary of Veterans
Affairs, should maintain a list of all individuals awarded
the Purple Heart.
______
SA 2623. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. INDEPENDENT STUDY ON ADVANCED TECHNOLOGIES AND
MATERIALS FOR MILITARY SHELTER APPLICATIONS.
(a) Study Required.--The Secretary of Defense shall seek to
enter into a contract or other agreement with the National
Academy of Sciences to perform the services covered by this
section.
(b) Independent Study.--Under a contract or other agreement
between the Secretary and the National Academy of Sciences
under this section, the National Academy of Sciences shall
conduct a study on the use of advanced technologies and
materials (including composite materials) for military
shelters and other infrastructure applications. Such study
shall include examination of the effectiveness of such
technologies and materials to enhance concealment,
camouflage, deception, shielding, and secure communications
of a command post or other infrastructure.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall ensure that the
study conducted under this section is completed and submit to
the congressional defense committees a report on the findings
of the Secretary with respect to such study.
(d) Alternative Contract Scientific Organization.--
(1) In general.--If the Secretary is unable to enter into a
contract or other agreement described in subsection (a) with
the National Academy of Sciences on terms acceptable to the
Secretary, the Secretary shall seek to enter into such
contract or other agreement with another appropriate
scientific organization that--
(A) is not part of the Federal Government; and
(B) has expertise and objectivity comparable to that of the
National Academy of Sciences.
(2) Treatment.--If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section to the National Academy of Sciences
shall be treated as a reference to the other organization.
______
SA 2624. Mr. BENNET (for himself and Ms. Duckworth) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 10__. INCREASING EMPLOYMENT FOR MEMBERS OF ARMED FORCES
IN EMERGING INDUSTRIES.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy, shall evaluate the military
installations at which it would be cost-effective to
establish a partnership with community colleges and the
private sector to train veterans and members of the Armed
Forces transitioning to civilian life to enter the
cybersecurity, clean energy, and artificial intelligence
workforces.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees and make publicly
available a report describing the results of the evaluation
conducted under subsection (a).
______
SA 2625. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. REPORT ON IMPACTS OF EMERGING TECHNOLOGIES USED BY
THE DEPARTMENT OF DEFENSE FALLING INTO THE
POSSESSION OF ADVERSARIES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering shall, in coordination
with the Under Secretary of Defense for Intelligence, submit
to the Committees on
[[Page S3628]]
Armed Services of the Senate and the House of Representatives
a report setting forth an assessment of the potential impacts
of emerging technologies being used in the Department of
Defense falling into the possession of adversaries of the
United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of current potential
threats that emerging technologies being used in the
Department could fall into the possession of adversaries of
the United States, and of the possession of such technologies
by such adversaries.
(2) A description and assessment of the ethical, legal, and
societal implications of such technologies falling into the
possession of such adversaries.
(3) A description of the actions being taken by the
Department to prevent such adversaries from coning into
possession of such technologies.
______
SA 2626. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle Eof title V, add the following:
SEC. 558. IMPLEMENTATION OF STUDENT LOAN BORROWER BENEFITS
FOR MEMBERS OF THE ARMED FORCES SERVING IN
CONFLICT.
(a) Agreements.--The Secretary of Defense shall enter into
any necessary agreements, including agreements with the
Internal Revenue Service and the Secretary of Education, to
carry out the activities described in this section.
(b) No Accrual of Interest.--
(1) In general.--The Secretary of Defense shall ensure that
student loan interest does not accrue for eligible Federal
Direct Loans of eligible military borrowers, in accordance
with the Federal prohibition on interest accrual for eligible
military borrowers under section 455(o) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(o)).
(2) Eligible federal direct loan.--In this section, the
term eligible Federal Direct Loan means a loan made under
part D of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087a et seq.) for which the first disbursement is
made on or after October 1, 2008.
(c) Compensation.--The Secretary of Defense shall ensure
that an eligible military borrower who qualified for the no
accrual of interest benefit under such section 455(o) during
any period beginning on or after October 1, 2008, and did not
receive the full benefit under such section for which the
borrower qualified, is provided compensation in an amount
equal to the amount of interest paid by the borrower that
would have been subject to that benefit.
(d) Borrower Request Not Required.--The Secretary of
Defense shall obtain or provide any information necessary to
implement the activities described in this section without
requiring a request from a borrower.
______
SA 2627. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 598. REPORT ON WAGE DETERMINATION FOR CERTAIN PROGRAMS.
(a) Wage Determination.--The Secretary of Defense, acting
through the National Guard Bureau, shall coordinate with the
Secretary of Labor to obtain a wage determination under
section 6703(1) of title 41, United States Code, for all
contract workers under the following programs:
(1) Family Assistance Centers.
(2) Family Readiness and Support.
(3) Yellow Ribbon Reintegration Program.
(4) Recruit Sustainment Program.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the wage
determinations described in subsection (a). The report shall
include a cost estimate of transferring all of the programs
specified in subsection (a) to direct Federal management.
______
SA 2628. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle Eof title V, add the following:
SEC. 558. IMPLEMENTATION OF STUDENT LOAN BORROWER BENEFITS
FOR MEMBERS OF THE ARMED FORCES SERVING IN
CONFLICT.
(a) Agreements.--The Secretary of Defense shall enter into
any necessary agreements, including agreements with the
Internal Revenue Service and the Secretary of Education, to
carry out the activities described in this section.
(b) No Accrual of Interest.--
(1) In general.--The Secretary of Defense shall ensure that
student loan interest does not accrue for eligible Federal
Direct Loans of eligible military borrowers, in accordance
with the Federal prohibition on interest accrual for eligible
military borrowers under section 455(o) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(o)).
(2) Eligible federal direct loan.--In this section, the
term eligible Federal Direct Loan means a loan made under
part D of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087a et seq.) for which the first disbursement is
made on or after October 1, 2008.
(c) Compensation.--The Secretary of Defense shall ensure
that an eligible military borrower who qualified for the no
accrual of interest benefit under such section 455(o) during
any period beginning on or after October 1, 2008, and did not
receive the full benefit under such section for which the
borrower qualified, is provided compensation in an amount
equal to the amount of interest paid by the borrower that
would have been subject to that benefit.
(d) Borrower Request Not Required.--The Secretary of
Defense shall obtain or provide any information necessary to
implement the activities described in this section without
requiring a request from a borrower.
______
SA 2629. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In the funding table in section 4101, in the item relating
to UH-60 BLACKHAWK M MODEL (MYP), strike the amount in the
Senate Authorized column and insert ``1,073,810''.
In the funding table in section 4101, in the item relating
to UH-60 BLACKHAWK M MODEL (MYP) AP, strike the amount in the
Senate Authorized column and insert ``[85,000]''.
In the funding table in section 4101, in the item relating
to TOTAL AIRCRAFT PROCUREMENT, ARMY, strike the amount in the
Senate Authorized column and insert ``3,867,558''.
In the funding table in section 4101, in the first item
relating to BASE MAINTENANCE SUPPORT VEHICLES, strike the
amount in the Senate Authorized column and insert ``52,923''.
In the funding table in section 4101, below the item
relating to BASE MAINTENANCE SUPPORT VEHICLES, insert a line
relating to ``Forward financed in the FY18 omnibus'' with an
amount in the Senate Authorized column of [-52,000].
In the funding table in section 4101, in the first item
relating to AIR TRAFFIC CONTROL & LANDING SYS, strike the
amount in the Senate Authorized column and insert ``24,937''.
In the funding table in section 4101, below the first item
relating to AIR TRAFFIC CONTROL & LANDING SYS, insert a line
relating to ``D-RAPCON cost growth'' with an amount in the
Senate Authorized column of [-33,000].
In the funding table in section 4101, in the item relating
to TOTAL OTHER PROCUREMENT, AIR FORCE, strike the amount in
the Senate Authorized column and insert ``20,883,260''.
______
SA 2630. Mr. BLUMENTHAL (for himself, Mr. Murphy, and Mr. Jones)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
In the funding table in section 4101, in the first item
relating to JOINT STRIKE
[[Page S3629]]
FIGHTER CV, strike the amount in the Senate Authorized column
and insert ``1,144,958''.
In the funding table in section 4101, below the item
relating to JOINT STRIKE FIGHTER CV--
(1) strike ``Program Realignment'' and insert ``Procurement
of JSF CV Aircraft''; and
(2) strike the amount in the Senate Authorized column and
insert ``[121,000]''.
In the funding table in section 4101, strike the item
relating to ``UAV'' and the item below such item relating to
``Procurement of UAV''.
In the funding table in section 4101, in the item relating
to TOTAL AIRCRAFT PROCUREMENT NAVY, strike the amount in the
Senate Authorized column and insert ``19,238,199''.
In the funding table in section 4101, in the first item
relating to F-35 strike the amount in the Senate Authorized
column and insert ``4,286,021''.
In the funding table in section 4101, below the item
relating to F-35--
(1) strike ``Program Realignment'' and insert ``Procurement
of F-35 Aircraft''; and
(2) strike the amount in the Senate Authorized column and
insert ``[92,500]''.
In the funding table in section 4101, in the second item
relating to O/A-X LIGHT ATTACK AIRCRAFT, strike the amount in
the Senate Authorized column and insert ``236,500''.
In the funding table in section 4101, below the second item
relating to O/A-X LIGHT ATTACK AIRCRAFT that relates to
``Procurement of OA-X aircraft and long lead materials'',
strike the amount in the Senate Authorized column and insert
``[236,500]''.
In the funding table in section 4101, in the item relating
to TOTAL AIRCRAFT PROCUREMENT AIR FORCE, strike the amount in
the Senate Authorized column and insert ``16,599,737''.
______
SA 2631. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In the funding table in section 4101, in the first item
relating to Virginia Class Submarine Advance Procurement,
strike the amount in the Senate Authorized column and insert
``3,796,401''.
In the funding table in section 4101, in the second item
relating to Virginia Class Submarine Advance Procurement,
strike the amount in the Senate Authorized column and insert
``[1,000,000]''.
In the funding table in section 4101, in the item relating
to Total Shipbuilding and Conversion, Navy, strike the amount
in the Senate Authorized column and insert ``23,876,937''.
In the funding table in section 4101, in the first item
relating to INDIRECT FIRE PROTECTION CAPABILITY INC 2-I,
strike the amount in the Senate Authorized column and insert
``145,636''.
In the funding table in section 4101, below the item
relating to INDIRECT FIRE PROTECTION CAPABILITY INC 2-I,
strike the item relating to ``Acceleration of cruise missile
defense''.
In the funding table in section 4101, in the item relating
to TOTAL MISSILE PROCUREMENT ARMY, strike the amount in the
Senate Authorized column and insert ``3,275,777''.
In the funding table in section 4101, strike the first item
relating to ``O/A-X LIGHT ATTACK AIRCRAFT''.
In the funding table in section 4101, in the item relating
to TOTAL AIRCRAFT PROCUREMENT NAVY, strike the amount in the
Senate Authorized column and insert ``19,117,199''.
In the funding table in section 4101, in the second item
relating to O/A-X LIGHT ATTACK AIRCRAFT, strike the amount in
the Senate Authorized column and insert ``200,000''.
In the funding table in section 4101, below the second item
relating to O/A-X LIGHT ATTACK AIRCRAFT that relates to
``Procurement of OA-X aircraft and long lead materials'',
strike the amount in the Senate Authorized column and insert
``[200,000]''.
In the funding table in section 4101, in the item relating
to TOTAL AIRCRAFT PROCUREMENT AIR FORCE, strike the amount in
the Senate Authorized column and insert ``16,470,737''.
______
SA 2632. Mr. BENNET (for himself and Ms. Duckworth) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 10__. INCREASING EMPLOYMENT FOR MEMBERS OF ARMED FORCES
IN EMERGING INDUSTRIES.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of Energy, shall evaluate the military
installations at which it would be cost-effective to
establish a partnership with community colleges and the
private sector to train veterans and members of the Armed
Forces transitioning to civilian life to enter the
cybersecurity, clean energy, and artificial intelligence
workforces.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Veterans' Affairs and Energy and Natural
Resources of the Senate and the Committees on Veterans'
Affairs and Energy and Commerce of the House of
Representatives a report describing the results of the
evaluation conducted under subsection (a).
______
SA 2633. Mr. REED submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 423, strike line 8 and insert the following:
SEC. 937. JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM.
On page 423, line 18, insert ``John S. McCain'' before
``Strategic Defense Fellows''.
______
SA 2634. Mr. COONS (for himself and Mr. Moran) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 62, between lines 6 and 7, insert the following:
(2) Section 225 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), relating to support
for national security innovation and entrepreneurial
education.
______
SA 2635. Mr. COONS submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1026. POLICY GUIDANCE ON REVIEWING AND APPROVING
OPERATIONS TO CAPTURE OR EMPLOY LETHAL FORCE
AGAINST TERRORIST TARGETS OUTSIDE THE UNITED
STATES AND OUTSIDE AREAS OF ACTIVE HOSTILITIES.
Not later than 90 days after the date of the enactment of
this Act, the President shall publish on a publicly available
Internet website of the White House an unclassified fact
sheet outlining written policy standards and procedures that
formalize and strengthen the process of the President for
reviewing and approving operations to capture or employ
lethal force against terrorist targets outside the United
States and outside areas of active hostilities.
______
SA 2636. Mr. REED (for himself and Mr. McCain) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 717, line 23, insert ``by a foreign power'' after
``activities''.
On page 726, line 3, insert ``foreign'' after ``in''.
______
SA 2637. Ms. BALDWIN (for herself, Ms. Stabenow, Mr. Peters, Mr.
Johnson, and Mr. Jones) submitted an
[[Page S3630]]
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 126.
______
SA 2638. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) amd intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. DEBARMENT OF CONTRACTORS THAT FRAUDULENTLY
MISREPRESENT STATUS FOR PURPOSES OF OBTAINING
CERTAIN SET ASIDE CONTRACTS.
(a) Civilian Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4713. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an executive agency to have willfully and
intentionally misrepresented the status of that concern as a
small business concern owned and controlled by veterans or as
a small business concern owned and controlled by service-
disabled veterans for the purpose of qualifying for a
contract awarded in accordance with the Government-wide goals
for procurement pursuant to section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1) shall be debarred from
contracting with the Federal Government for a period of not
less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the executive agency shall commence
debarment action against the business concern by not later
than 30 days after determining that the concern willfully and
intentionally misrepresented the status of the concern as
described in subsection (a) and shall complete debarment
actions against such concern by not later than 90 days after
such determination.
``(c) Consultation.--In making a determination under this
section, the head of an executive agency shall, as
appropriate, consult with the Secretary of Veterans Affairs
and the Administrator of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given the term in section
8127(l) of title 38.
``(3) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4712 the following new item:
``4713. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, as amended by section 801, is further amended by
inserting after section 2339a the following new section:
``Sec. 2339b. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an agency to have willfully and intentionally
misrepresented the status of that concern as a small business
concern owned and controlled by veterans or as a small
business concern owned and controlled by service-disabled
veterans for the purpose of qualifying for a contract awarded
in accordance with the Government-wide goals for procurement
pursuant to section 15(g)(1) of the Small Business Act (15
U.S.C. 644(g)(1) shall be debarred from contracting with the
Federal Government for a period of not less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the agency shall commence debarment action
against the business concern by not later than 30 days after
determining that the concern willfully and intentionally
misrepresented the status of the concern as described in
subsection (a) and shall complete debarment actions against
such concern by not later than 90 days after such
determination.
``(c) Consultation.--In making a determination under this
section, the head of an agency shall, as appropriate, consult
with the Secretary of Veterans Affairs and the Administrator
of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given the term in section
8127(l) of title 38.
``(3) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 801, is
further amended by inserting after the item relating to
section 2339a the following new item:
``2339b. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
______
SA 2639. Ms. BALDWIN (for herself and Ms. Duckworth) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 622. CREDIT TOWARD COMPUTATION OF YEARS OF SERVICE FOR
NONREGULAR SERVICE RETIRED PAY UPON COMPLETION
OF REMOTELY DELIVERED MILITARY EDUCATION OR
TRAINING.
(a) In General.--Section 12732(a)(2) of title 10, United
States Code, is amended--
(1) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Such points (but not more than 10 points) as the
Secretary concerned determines to be appropriate for
successful completion of a course of instruction using
electronically delivered methodologies to accomplish military
education or training, unless the education or training is
performed while in a status for which credit is provided
under another subparagraph of this paragraph.''; and
(2) by striking ``and (E)'' in the last sentence and
inserting ``(E), and (F)''.
(b) Maximum Number of Points Per Service Year.--Section
12733(3) of such title is amended by striking ``or (D)'' and
inserting ``(D), or (F)''.
______
SA 2640. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1018. CONTRACTS FOR THE MAINTENANCE OF NAVAL VESSELS IN
NON-COASTWIDE AREAS OUTSIDE OF THE HOMEPORT OF
THE VESSELS.
Notwithstanding section 7299a of title 10, United States
Code, or any other provision of law, the Secretary of the
Navy may award a contract for the overhaul, repair, or
maintenance of a naval vessel to a firm that is located in a
non-coastwide area outside the area of the homeport of the
vessel, including a firm located in the Great Lakes or Gulf
Coast regions of the United States, if the Secretary
determines that such an award will reduce naval vessel
maintenance backlogs, improve fleet readiness, and support
the operational needs of the Navy.
______
SA 2641. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
[[Page S3631]]
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle J--Made in America Shipbuilding
SEC. 898. SHORT TITLE.
This subtitle may be cited as the ``Made in America
Shipbuilding Act of 2018''.
SEC. 898A. DOMESTIC SHIPBUILDING REQUIREMENT.
(a) In General.--The head of an executive agency may not
enter into a contract related to the acquisition,
construction, or conversion of a vessel unless the vessel is
to be constructed or converted in the United States.
(b) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in
section 133 of title 41, United States Code.
SEC. 898B. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD
COMPONENTS.
(a) In General.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4713. Domestic sourcing requirement for shipboard
components
``(a) Requirement for United States Manufacture.--
``(1) Limitation on procurements.--The head of an executive
agency may procure any of the following components for
vessels only if the items are manufactured in the United
States:
``(A) In general.--The following components for vessels:
``(i) Air circuit breakers.
``(ii) Welded shipboard anchor and mooring chain with a
diameter of four inches or less.
``(iii) Auxiliary equipment, including pumps, for all
shipboard services.
``(iv) Propulsion system components (engines, reduction
gears, and propellers).
``(v) Shipboard cranes.
``(vi) Spreaders for shipboard cranes.
``(vii) Capstans.
``(viii) Winches.
``(ix) Hoists.
``(x) Outboard motors.
``(xi) Windlasses.
``(B) Other components.--The following components of
vessels, to the extent they are unique to marine
applications: gyrocompasses, electronic navigation chart
systems, steering controls, pumps, propulsion and machinery
control systems, and totally enclosed lifeboats.
``(C) Valves and machine tools.--Items in the following
categories:
``(i) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping for naval surface ships
and submarines.
``(ii) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
``(2) Applicability to certain items.--Paragraph (1) does
not apply to a procurement of spare or repair parts needed to
support components for vessels produced or manufactured
outside the United States.
``(3) Waiver authority.--The head of an executive agency
may waive the limitation in paragraph (1) with respect to the
procurement of an item listed in that paragraph if the head
of the agency determines that any of the following apply:
``(A) Application of the limitation would increase the cost
of the overall acquisition by more than 25 percent or cause
unreasonable delays to be incurred.
``(B) Satisfactory quality items manufactured by a domestic
entity are not available or domestic production of such items
cannot be initiated without significantly delaying the
project for which the item is to be acquired.
``(C) Application of the limitation would result in the
existence of only one domestic source for the item.
``(D) Application of the limitation is not in the national
security interests of the United States.
``(4) Implementation of waiver authority.--
``(A) Non-delegation of authority.--The head of an agency
may not delegate the waiver authority under paragraph (3).
``(B) Publication.--Not later than 30 days after exercising
the waiver authority under paragraph (3), the head of the
agency shall publish in an easily identifiable location on
the website of the agency information regarding the waiver,
including a detailed justification for the waiver.
``(5) Annual report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has used a waiver described in this section in the fiscal
year shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report on the total amount of waivers used
and detailed information regarding and justification for the
waiver.
``(b) Components Containing Specialty Metals.--
``(1) Limitation on procurements.--The head of an executive
agency may not enter into a contract for the procurement of
end items or components for ships that contain a specialty
metal not melted or produced in the United States.
``(2) Availability exception.--
``(A) In general.--Paragraph (1) does not apply to the
extent that the head of an executive agency determines that
compliant specialty metal of satisfactory quality and
sufficient quantity, and in the required form, cannot be
procured as and when needed. For purposes of the preceding
sentence, the term `compliant specialty metal' means
specialty metal melted or produced in the United States.
``(B) Applicability.--This paragraph applies to prime
contracts and subcontracts at any tier under such contracts.
``(3) Exception for certain acquisitions.--Paragraph (1)
does not apply to the following:
``(A) Acquisitions outside the United States in support of
combat operations or in support of contingency operations.
``(B) Acquisitions for which the use of procedures other
than competitive procedures has been approved on the basis of
section 3304(c) of this title, relating to unusual and
compelling urgency of need.
``(4) Exception relating to agreements with foreign
governments.--Paragraph (1) does not preclude the acquisition
of a specialty metal if--
``(A) the acquisition is necessary--
``(i) to comply with agreements with foreign governments
requiring the United States to purchase supplies from foreign
sources for the purposes of offsetting sales made by the
United States Government or United States firms under
approved programs serving defense requirements; or
``(ii) in furtherance of agreements with foreign
governments in which both such governments agree to remove
barriers to purchases of supplies produced in the other
country or services performed by sources of the other
country; and
``(B) any such agreement with a foreign government
complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of title 10.
``(5) Exception for small purchases.--Paragraph (1) does
not apply to acquisitions in amounts not greater than the
simplified acquisition threshold referred to in section 134
of this title.
``(6) Exception for purchases of electronic components.--
Paragraph (1) does not apply to acquisitions of electronic
components, unless the head of the agency, with the
concurrence of the Secretary of Defense and upon the
recommendation of the Strategic Materials Protection Board
pursuant to section 187 of title 10, determines that the
domestic availability of a particular electronic component is
critical to national security.
``(7) Applicability to acquisitions of commercial items.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), this section applies to acquisitions of commercial
items, notwithstanding sections 1906 and 1907 of this title.
``(B) Exceptions.--This section does not apply to contracts
or subcontracts for the acquisition of commercially available
off-the-shelf items, as defined in section 104 of this title,
other than--
``(i) contracts or subcontracts for the acquisition of
specialty metals, including mill products, such as bar,
billet, slab, wire, plate and sheet, that have not been
incorporated into end items, subsystems, assemblies, or
components;
``(ii) contracts or subcontracts for the acquisition of
forgings or castings of specialty metals, unless such
forgings or castings are incorporated into commercially
available off-the-shelf end items, subsystems, or assemblies;
``(iii) contracts or subcontracts for commercially
available high performance magnets unless such high
performance magnets are incorporated into commercially
available off-the-shelf-end items or subsystems; and
``(iv) contracts or subcontracts for commercially available
off-the-shelf fasteners, unless such fasteners are--
``(I) incorporated into commercially available off-the-
shelf end items, subsystems, assemblies, or components; or
``(II) purchased as provided in subparagraph (C).
``(C) Inapplicability to certain fasteners.--This
subsection does not apply to fasteners that are commercial
items that are purchased under a contract or subcontract with
a manufacturer of such fasteners, if the manufacturer has
certified that it will purchase, during the relevant calendar
year, an amount of domestically melted specialty metal, in
the required form, for use in the production of such
fasteners for sale to executive agencies and other customers,
that is not less than 50 percent of the total amount of the
specialty metal that it will purchase to carry out the
production of such fasteners.
``(8) Exceptions for purchases of specialty metals below
minimum threshold.--
``(A) In general.--Notwithstanding paragraph (1), the head
of an executive agency may accept delivery of an item
containing specialty metals that were not melted in the
United States if the total amount of noncompliant specialty
metals in the item does not exceed 2 percent of the total
weight of specialty metals in the item.
``(B) Exception.--This paragraph does not apply to high
performance magnets.
``(9) Streamlined compliance for commercial derivative
military articles.--
``(A) In general.--Paragraph (1) shall not apply to an item
acquired under a prime contract if the head of an executive
agency determines that--
[[Page S3632]]
``(i) the item is a commercial derivative military article;
and
``(ii) the contractor certifies that the contractor and its
subcontractors have entered into a contractual agreement, or
agreements, to purchase an amount of domestically melted
specialty metal in the required form, for use during the
period of contract performance in the production of the
commercial derivative military article and the related
commercial article, that is not less than the greater of--
``(I) an amount equivalent to 120 percent of the amount of
specialty metal that is required to carry out the production
of the commercial derivative military article (including the
work performed under each subcontract); or
``(II) an amount equivalent to 50 percent of the amount of
specialty metal that is purchased by the contractor and its
subcontractors for use during such period in the production
of the commercial derivative military article and the related
commercial article.
``(B) Determination of amount of specialty metal
required.--For the purposes of this paragraph, the amount of
specialty metal that is required to carry out the production
of the commercial derivative military article includes
specialty metal contained in any item, including commercially
available off-the-shelf items, incorporated into such
commercial derivative military article.
``(10) National security waiver.--
``(A) In general.--Notwithstanding paragraph (1), the head
of an executive agency may accept the delivery of an end item
containing noncompliant materials if the head of the
executive agency determines in writing that acceptance of
such end item is necessary to the national security interests
of the United States.
``(B) Requirements.--A written determination under
subparagraph (A)--
``(i) shall specify the quantity of end items to which the
waiver applies and the time period over which the waiver
applies; and
``(ii) shall be provided to Congress prior to making such a
determination (except that in the case of an urgent national
security requirement, such certification may be provided to
Congress up to 7 days after it is made).
``(C) Knowing or willful noncompliance.--
``(i) Determination.--In any case in which the head of an
executive agency makes a determination under subparagraph
(A), the head of the executive agency shall determine whether
or not the noncompliance was knowing and willful.
``(ii) Not knowing or willful noncompliance.--If the head
of the executive agency determines that the noncompliance was
not knowing or willful, the head of the executive agency
shall ensure that the contractor or subcontractor responsible
for the noncompliance develops and implements an effective
plan to ensure future compliance.
``(iii) Knowing or willful noncompliance.--If the head of
the executive agency determines that the noncompliance was
knowing or willful, the head of the executive agency shall--
``(I) require the development and implementation of a plan
to ensure future compliance; and
``(II) consider suspending or debarring the contractor or
subcontractor until such time as the contractor or
subcontractor has effectively addressed the issues that lead
to such noncompliance.
``(11) Specialty metal defined.--In this subsection, the
term `specialty metal' means any of the following:
``(A) Steel--
``(i) with a maximum alloy content exceeding one or more of
the following limits: manganese, 1.65 percent; silicon, 0.60
percent; or copper, 0.60 percent; or
``(ii) containing more than 0.25 percent of any of the
following elements: aluminum, chromium, cobalt, columbium,
molybdenum, nickel, titanium, tungsten, or vanadium.
``(B) Metal alloys consisting of nickel, iron-nickel, and
cobalt base alloys containing a total of other alloying
metals (except iron) in excess of 10 percent.
``(C) Titanium and titanium alloys.
``(D) Zirconium and zirconium base alloys.
``(12) Additional definitions.--In this subsection:
``(A) The term `United States' includes possessions of the
United States.
``(B) The term `component' has the meaning provided in
section 105 of this title.
``(C) The term `acquisition' has the meaning provided in
section 131 of this title.
``(D) The term `required form'--
``(i) shall not apply to end items or to their components
at any tier; and
``(ii) means in the form of mill product, such as bar,
billet, wire, slab, plate or sheet, and in the grade
appropriate for the production of--
``(I) a finished end item delivered to the executive
agency; or
``(II) a finished component assembled into an end item
delivered to the executive agency.
``(E) The term `commercially available off-the-shelf', has
the meaning provided in section 104 of this title.
``(F) The term `assemblies' means items forming a portion
of a system or subsystem that can be provisioned and replaced
as an entity and which incorporates multiple, replaceable
parts.
``(G) The term `commercial derivative military article'
means an item procured by the Department of Defense that is
or will be produced using the same production facilities, a
common supply chain, and the same or similar production
processes that are used for the production of articles
predominantly used by the general public or by
nongovernmental entities for purposes other than governmental
purposes.
``(H) The term `subsystem' means a functional grouping of
items that combine to perform a major function within an end
item, such as electrical power, attitude control, and
propulsion.
``(I) The term `end item' means the final production
product when assembled or completed, and ready for issue,
delivery, or deployment.
``(J) The term `subcontract' includes a subcontract at any
tier.
``(c) Use of United States Steel, Iron, Aluminum, and
Manufactured Products.--
``(1) In general.--The head of an executive agency may not
enter into a contract related to the construction of a vessel
unless the steel, iron, aluminum, and manufactured products
to be used in the construction of the vessel are produced in
the United States.
``(2) Exceptions.--The provisions of paragraph (1) shall
not apply where the head of an executive agency finds--
``(A) that their application would be inconsistent with the
public interest;
``(B) that such materials and products are not produced in
the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(C) that inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
``(3) Implementation of exceptions.--
``(A) Non-delegation of authority.--The head of an agency
may not delegate the authority to make a finding described in
paragraph (2).
``(B) Publication.--Not later than 30 days after making a
finding described in paragraph (2), the head of the agency
shall publish in an easily identifiable location on the
website of the agency information regarding the finding,
including a detailed justification for the exception.
``(4) Annual report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has made an exception finding described in paragraph (2) in
the fiscal year shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the total amount of exceptions
used and detailed information regarding and justification for
the exceptions.
``(5) Calculation of component cost.--For purposes of this
subsection, in calculating components' costs, labor costs
involved in final assembly shall not be included in the
calculation.
``(6) Intentional violations.--If it has been determined by
a court or Federal agency that any person intentionally--
``(A) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product used in projects to which this section applies, sold
in or shipped to the United States that was not made in the
United States; or
``(B) represented that any product used in projects to
which this section applies, sold in or shipped to the United
States that was not produced in the United States, was
produced in the United States;
that person shall be debarred from contracting with the
Federal Government for a period of not less than 5 years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 4712 the following new item:
``4713. Domestic sourcing requirement for shipboard components.''.
SEC. 898C. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF
DEFENSE PROVISIONS.
(a) Use of United States Steel, Iron, Aluminum, and
Manufactured Products.--
(1) In general.--Chapter 137 of title 10, United States
Code, as amended by section 801, is further amended by adding
at the end the following new section:
``Sec. 2339b. Use of United States steel, iron, aluminum, and
manufactured products in shipbuilding
``(a) In General.--The head of an agency may not enter into
a contract related to the construction of a vessel unless the
steel, iron, aluminum, and manufactured products to be used
in the construction of the vessel are produced in the United
States.
``(b) Exceptions.--The provisions of subsection (a) shall
not apply where the head of the agency finds--
``(1) that their application would be inconsistent with the
public interest;
``(2) that such materials and products are not produced in
the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(3) that inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
``(c) Implementation of Exceptions.--
``(1) Non-delegation of authority.--The head of an agency
may not delegate the authority to make a finding described in
subsection (b).
``(2) Publication.--Not later than 30 days after making a
finding described in subsection (b), the head of the agency
shall publish in an easily identifiable location on the
website of the agency information regarding
[[Page S3633]]
the finding, including a detailed justification for the
exception.
``(d) Annual Report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has made an exception finding described in subsection (b) in
the fiscal year shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the total amount of exceptions used and detailed
information regarding and justification for the exceptions.
``(e) Calculation of Component Cost.--For purposes of this
section, in calculating components' costs, labor costs
involved in final assembly shall not be included in the
calculation.
``(f) Intentional Violations.--If it has been determined by
a court or Federal agency that any person intentionally--
``(1) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product used in projects to which this section applies, sold
in or shipped to the United States that was not made in the
United States; or
``(2) represented that any product used in projects to
which this section applies, sold in or shipped to the United
States that was not produced in the United States, was
produced in the United States;
that person shall be debarred from contracting with the
Federal Government for a period of not less than 5 years.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 801, is
further amended by adding after the item relating to section
2339a the following new item:
``2339b. Use of United States steel, iron, aluminum, and manufactured
products in shipbuilding.''.
(b) Miscellaneous Limitations on the Procurement of Goods
Other Than United States Goods.--
(1) In general.--Section 2534(a)(3)(A) of title 10, United
States Code, is amended by adding at the end the following
new clauses:
``(iv) Auxiliary equipment, including pumps, for all
shipboard services.
``(v) Propulsion system components (engines, reduction
gears, and propellers).
``(vi) Shipboard cranes.
``(vii) Spreaders for shipboard cranes.
``(viii) Capstans.
``(ix) Winches.
``(x) Hoists.
``(xi) Outboard motors.
``(xii) Windlasses.''.
(2) Applicability of previously sunsetted provisions.--
Subsection (c)(2)(C) of section 2534 of title 10, United
States Code, is amended by striking ``shall cease to be
effective on October 1, 2005'' and inserting ``shall be in
effect during--
``(i) the period beginning on the date of the enactment of
this paragraph and ending on October 1, 1996; and
``(ii) the period beginning on the date of the enactment of
the Made in America Shipbuilding Act of 2018.''.
SEC. 898D. APPLICABILITY.
The requirements under this subtitle and the amendments
made by this subtitle--
(1) apply to contracts entered into on or after the date of
the enactment of this Act; and
(2) do not apply to--
(A) contracts entered into before the date of the enactment
of this Act; or
(B) options included as part of such contracts as of such
date of enactment.
______
SA 2642. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In the funding table in section 4101, in the item relating
to Joint Light Tactical Vehicle, strike the amount in the
Senate Authorized column and insert ``1,319,436''.
In the funding table in section 4101, in the item relating
to Total Other Procurement, Army, strike the amount in the
Senate Authorized column and insert ``7,986,329''.
In the funding table in section 4101, in the item relating
to O/A-X Light Attack Aircraft, strike the amount in the
Senate Authorized column and insert ``100,000''.
In the funding table in section 4101, in the item relating
to Total Aircraft Procurement, Air Force, strike the amount
in the Senate Authorized column and insert ``16,370,737''.
______
SA 2643. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. ___. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR
PURPOSES OF BANKRUPTCY LAWS, CERTAIN PAYMENTS
FROM DEPARTMENT OF VETERANS AFFAIRS AND
DEPARTMENT OF DEFENSE.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and in a joint case the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act;
``(II) payments to victims of war crimes or crimes against
humanity on account of their status as victims of such
crimes;
``(III) payments to victims of international terrorism (as
defined in section 2331 of title 18) or domestic terrorism
(as defined in section 2331 of title 18) on account of their
status as victims of such terrorism;
``(IV) compensation under chapter 11 of title 38;
``(V) compensation under chapter 13 of title 38;
``(VI) pension under chapter 15 of title 38;
``(VII) retired pay payable to members of the Armed Forces
retired under section 1201 or 1204 of title 10;
``(VIII) retired pay payable to members of the Armed Forces
placed on the temporary disability retired list under section
1202 or 1205 of title 10;
``(IX) disability severance pay payable under section 1212
of title 10 to members separated from the Armed Forces under
section 1203 or 1206 of that title;
``(X) retired pay payable in accordance with section 1201
or 1202 of title 10, or disability severance pay payable in
accordance with section 1203 of that title, to members of the
Armed Forces eligible for such pay by reason of section 1207a
of that title;
``(XI) combat-related special compensation payable under
section 1413a of title 10;
``(XII) any monthly annuity payable under the Survivor
Benefit Plan under subchapter II of chapter 73 of title 10 if
the participant in the Plan with respect to whom the annuity
is payable was retired for physical disability under chapter
61 of that title;
``(XIII) the special survivor indemnity allowance payable
under section 1450(m) of title 10; and
``(XIV) any monthly special compensation payable to members
of the uniformed services with catastrophic injuries or
illnesses under section 439 of title 37.''.
______
SA 2644. Ms. WARREN submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. STUDY AND REPORT ON SERVICEMEMBER ACCESS TO STUDENT
LOAN FORGIVENESS.
(a) In General.--The Secretary of Defense, in consultation
with the Judge Advocate General for each Armed Force, and in
coordination with any other agency determined to be necessary
by the Secretary, shall conduct a study of instances in which
current and former servicemembers have attempted to pursue
student loan forgiveness under the Public Service Loan
Forgiveness Program authorized under section 455(m) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(m)) (referred
to in this section as the ``Public Service Loan Forgiveness
Program'') and have experienced obstacles to accessing the
full benefit of that program, including circumstances in
which a servicemember was provided inaccurate or incomplete
information by a Federal student loan servicer or by any
Federal Government personnel related to--
(1) whether the type of student loan owed by a borrower is
eligible for loan forgiveness under the Public Service Loan
Forgiveness Program;
(2) enrollment in a qualifying Federal student loan
repayment plan;
(3) documentation of one or more required ``on-time''
monthly payments, including payments made under a student
loan repayment program administered by the Department of
Defense; or
(4) certification of qualifying public service employment.
(b) Study on Effects on Military Readiness.--The study
described under subsection (a) shall also include a study of
the effects of the Public Service Loan Forgiveness Program on
military readiness. Such study shall include the effects of
the program on--
(1) recruitment and retention, including recruitment and
retention of officers, for each Armed Force, including the
National Guard and Reserve Components;
[[Page S3634]]
(2) recruitment and retention of health professionals in
the Army Medical Department, the Navy Bureau of Medicine and
Surgery, the Air Force Medical Services, or in any other
Department, Bureau, or Service in any Armed Force;
(3) recruitment for the Judge Advocate General for each
Armed Force; and
(4) retention for the Judge Advocate General for each Armed
Force.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Judge Advocate General for each Armed
Force, and in coordination with any other agency determined
to be necessary, shall submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
that includes the following:
(1) A summary of the findings of the study required under
subsection (a).
(2) Descriptive information about student debt owed by
servicemembers, including--
(A) an estimate of the average amount of student debt owed
by servicemembers in each Armed Force; and
(B) an estimate of the percentage of servicemembers who owe
student debt in each Armed Force.
(3) Recommendations regarding how Congress, or a Federal
agency, could provide servicemembers with additional
flexibility--
(A) in circumstances in which borrowers were provided
inaccurate or incomplete information by a student loan
servicer or by any Federal Government personnel; and
(B) in any other circumstances that the Secretary of
Defense determines are necessary to ensure that borrowers are
able to obtain the full benefit of the Public Service Loan
Forgiveness Program.
(4) Ways to ensure that in circumstances in which a student
loan servicer or Federal Government agency is unable to
produce records that contradict an attestation by a borrower
of an instance in which that borrower was provided inaccurate
or incomplete information, as described subsection (a), such
an attestation shall be considered sufficient evidence that
the borrower was provided with inaccurate or incomplete
information.
(5) Recommendations for how Congress and other relevant
Federal agencies can strengthen the implementation of Public
Service Loan Forgiveness Program to ensure that the program
can best support recruitment, retention, and readiness in the
Armed Forces.
(d) Judge Advocate General.--In this section, the term
``Judge Advocate General'' includes the following:
(1) The Staff Judge Advocate to the Commandant of the
Marine Corps, in the Case of the Marine Corps.
(2) An official designated to serve as the Judge Advocate
General of the Coast Guard by the Secretary of Homeland
Security.
______
SA 2645. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 896. SENSE OF CONGRESS ON SERVICE ACQUISITION REFORM.
(a) Findings.--Congress makes the following findings:
(1) Failure to expeditiously implement the improvements
required by section 2329 of title 10, United States Code, is
an opportunity cost to buying back the readiness and
modernizing the Department of Defense's capabilities.
(2) Every unaccountable expenditure of funds has the
potential for waste and duplication of effort.
(3) The Government Accountability Office determined in a
February 20016 report that the Department of Defense's
contract services budget justifications ``provide limited
visibility to Congress on planned spending, and the primary
exhibit for contracted services does not meet statutory
reporting requirements''.
(4) Financial auditability requires assurance that funds
are obligated and expended in the proper amounts during the
appropriate time periods consistent with their intended
purposes.
(5) The Department's most recent contractor inventories
submitted to Congress on February 25, 2018, included
``approximately 25 percent, or just under $42 billion, of the
department's total $160 billion-plus spend for contracted
services''.
(6) The Department committed on April 16, 2018, to provide
Future Year Defense Program level detail to support the
budget exhibit required by section 2329 and committed to
provide bi-annual briefings on its progress in implementing
this requirement.
(7) The Office of the Chief Management Officer Reform teams
have been coordinating efforts to meet the requirement for
Future Year Defense Program detail for contract services.
(8) The Under Secretary of Defense, Comptroller uses object
classes from the Office of Management and Budget Circular A-
11, Preparation, Submission, and Execution of the Budget
(July 2017) displayed in budget justifications exhibits
arranged by appropriation.
(9) The Under Secretary of Defense for Acquisition and
Sustainment uses Services Portfolio Groups constructed from
Product Services Codes used in the Federal Procurement Data
System-Next Generation based on the definition of services
contracts in part 37 of the Federal Acquisition Regulation.
(10) The Under Secretary of Defense for Personnel and
Readiness has issued policies for determining the appropriate
mix between the Department of Defense civilian workforce and
contract services and how to evaluate their scope based on
functions that have been or should be performed by the
military and the civilian Federal government workforce in
Department of Defense Instruction 1100.22, Policy and
Procedures for Determining Workforce Mix.
(11) The Director of Cost and Program Evaluation has issued
policies for comparing the costs of the Department of Defense
civilian workforce and contract services in Department of
Defense Instruction 7041.04, Estimating and Comparing the
Full Costs of Civilian and Active Duty Military Manpower and
Contract Support.
(12) Full accountability for the approximately
$160,000,000,000 spent annually on contract services is
required for good stewardship on behalf of the taxpayer
irrespective of whether these funds are expended through
prime or subcontract arrangements and irrespective of the
method of procurement used, whether as a commercial item or
service or any other means.
(b) Sense of Congress.--Congress--
(1) supports full implementation of Future Year Defense
Program detail visibility of spending on contract services to
accompany the budget exhibit required by section 2329 of
title 10, United States Code; and
(2) supports Department of Defense efforts to coordinate
consistent and broad definitions of services contracts to
ensure full accountability for every dollar obligated and
expended with the full expectation that any future
clarifications of services contract definitions will not
reduce the scope of coverage of the $160,000,000,000
currently spent on contract services.
______
SA 2646. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 1 and insert the following:
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``John S.
McCain III National Defense Authorization Act for Fiscal Year
2019''.
(b) References.--Any reference in this or any other Act to
the ``National Defense Authorization Act for Fiscal Year
2019' '' shall be deemed to be a reference to the ``John S.
McCain III National Defense Authorization Act for Fiscal Year
2019''.
______
SA 2647. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 622. PAYMENT FROM DEPARTMENT OF DEFENSE MILITARY
RETIREMENT FUND OF DEATH GRATUITIES FOR MEMBERS
OF THE ARMED FORCES AND CERTAIN OTHER PERSONS
THAT ARE PAYABLE DURING A LAPSE IN
APPROPRIATIONS.
(a) Payment Authorized.--Section 1480(d) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If a payment under section 1475 of this title
would otherwise occur but for a lapse in appropriations, the
payment shall be made from amounts in the Department of
Defense Military Retirement Fund under chapter 74 of this
title.
``(B) The Department of Defense Military Retirement Fund
shall be reimbursed for the amount of any payments made from
the Fund pursuant to this paragraph during a lapse in
appropriations at the conclusion of the lapse in
appropriations. Amounts for such reimbursements shall be
derived from appropriations available for the payment of
members of the armed force concerned.
``(C) In this paragraph, the term `lapse in appropriations'
means any portion of a fiscal
[[Page S3635]]
year during which the appropriation bill for the fiscal year
for the Department of Defense or the Department of Homeland
Security, as applicable, has not become law and an Act or
joint resolution making continuing appropriations for the
fiscal year is not in effect.''.
(b) Conforming Amendments Relating to DoD Military
Retirement Fund.--
(1) Reimbursements of payments as asssets of mrf.--Section
1462 of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Any reimbursements of the Fund under section
1480(d)(2)(B) of this title for payments made as provided for
in section 1480(d)(2)(A) of this title.''.
(2) Availability of funds in mrf for payments.--Section
1463(a) of such title is amended--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph (6):
``(6) amounts payable for death gratuities under section
1475 of this title during a lapse in appropriations as
provided for by section 1480(d)(2) of this title.''.
______
SA 2648. Mr. GRAHAM (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 129. MARINE CORPS INFANTRY AUTOMATIC RIFLE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Marine Corps for fiscal year 2019 may be used to procure the
M27 Infantry Automatic Rifle in any quantity that would
result in the Marine Corps inventory exceeding 16,842
weapons, a number that is in accordance with the Marine Corps
approved acquisition objective as of the date of the
enactment of this Act.
(b) Future Procurements.--In awarding any future contracts
for the M27 Infantry Automatic Rifle Program, the Commandant
of the Marine Corps shall use full and open competition to
the maximum extent practicable.
(c) Procedures Other Than Full and Open Competition.--The
Commandant of the Marine Corps may not award any future
contract for the M27 Infantry Automatic Rifle Program beyond
the limitation set forth in subsection (a) using procedures
other than full and open competition until such time as the
Commandant provides the congressional defense committees with
a detailed justification for limiting full and open
competition for the procurement of the M27 Infantry Automatic
Rifle, including a description of the objectives, costs, and
timelines associated with the procurement.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commandant of the Marine Corps
shall submit to the congressional defense committees a
detailed report that describes and assesses the following
matters:
(1) The small arms modernization strategy across the Marine
Corps, including all planned contracting activities for
fiscal year 2019 and the future years defense program.
(2) The Infantry Automatic Rifle validated requirement and
related acquisition strategy.
(3) The efforts within the Marine Corps to conduct a full
and open competition to replace the M4 carbine.
______
SA 2649. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT ON SECURITY COOPERATION AND ENGAGEMENT WITH
TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) increase senior level visits to Taiwan; and
(2) conduct bilateral defense exchanges with Taiwan that
focus on matters such as--
(A) maritime security;
(B) threat analysis;
(C) military doctrine;
(D) force planning;
(E) logistical support;
(F) intelligence collection and analysis;
(G) operational tactics, techniques, and procedures;
(H) humanitarian assistance and disaster relief; and
(I) civil-military relations.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report on ways in which
the United States Government may increase security
cooperation and engagement with Taiwan.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed list of current lines of engagement between
Taiwan and the United States relating to bilateral security
cooperation and an assessment of any additional lines of
effort that are planned for the future.
(B) A detailed list of military activities conducted by the
People's Republic of China, including exercises in the Taiwan
Strait and other threatening posture moves, that are intended
to undermine the peace and stability of Taiwan.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 2650. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON REGULAR TRANSITS IN THE
TAIWAN STRAIT.
It is the sense of Congress that the United States Navy
should conduct regular transits in the Taiwan Strait.
______
SA 2651. Mr. GARDNER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In section 315, beginning in subsection (b), strike
paragraph (2) and all that follows through subsection (g) and
insert the following:
(2) the elevated levels of perfluorooctane sulfonic acid
and perfluorooctanoic acid in the drinking water are the
result of activities conducted by or paid for by the
Department of the Army or the Department of the Air Force at
a military installation or at a State-owned National Guard
installation;
(3) such treatment takes place only during the fiscal year
in which the request was made;
(4) the local water authority waives all claims against the
United States and the National Guard for treatment expenses
incurred before the fiscal year during which the treatment is
taking place; and
(5) the cost of any treatment provided pursuant to
subsection (a) does not exceed the actual cost of the
treatment attributable to the activities conducted by or paid
for by the Department of the Army or the Department of the
Air Force, as the case may be.
(c) Existing Agreements.--Treatment of drinking water
pursuant to subsection (a) may be provided without regard to
existing contractual provisions in agreements between the
Department of the Army, the Department of the Air Force, or
the National Guard Bureau, as the case may be, and the State
in which the base is located relating to environmental
response actions or indemnification.
(d) Authority To Enter Into Agreements.--The Secretary
concerned may enter into such grants, cooperative agreements,
or contracts with a local water authority as may be necessary
to implement this section.
(e) Use of DSMOA.--Using funds authorized to be
appropriated by section 301 for operation and maintenance,
the Secretary concerned may pay, utilizing an existing
Defense-State Memorandum of Agreement, costs that would
otherwise be eligible for payment under that agreement.
(f) Termination of Authority.--The authority under this
section shall terminate on September 30, 2021.
(g) Retroactive Effect.--Notwithstanding paragraphs (1),
(3), (4) of subsection
[[Page S3636]]
(b), the Secretary concerned may reimburse a local water
authority or a State for the treatment of drinking water
pursuant to this section if--
(1) the local water authority or state requested such a
payment from the National Guard Bureau, the Department of the
Army, or the Department of the Air Force prior to March 1,
2018, or the National Guard Bureau, the Department of the
Army, or the Department of the Air Force was aware of a
treatment plan by the local water authority or state prior to
that date; and
(2) the local water authority or the State, as the case may
be, waives all claims against the United States, the
Department of the Army, the Department of the Air Force, and
the National Guard for treatment expenses incurred before
January 1, 2018.
______
SA 2652. Mr. GARDNER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 28___. PERFLUOROOCTANOIC ACID AND
PERFLUOROOCTANESULFONIC ACID RESPONSE COSTS.
Any environmental services agreement or memorandum of
understanding entered into between the Secretary of Defense
and a community with respect to the detection of
perfluorooctanoic acid or perfluorooctanesulfonic acid shall
be deemed to be effective as of May 19, 2016.
______
SA 2653. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT ON THE CAPABILITIES AND ACTIVITIES OF THE
ISLAMIC STATE OF IRAQ AND SYRIA AND OTHER
VIOLENT EXTREMIST GROUPS IN SOUTHEAST ASIA.
(a) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report setting forth an
assessment of the current and future capabilities and
activities of the Islamic State of Iraq and Syria (ISIS) and
other violent extremist groups in Southeast Asia.
(b) Elements.--The report shall include the following:
(1) The current number of Islamic State of Iraq and Syria
fighters in Southeast Asia.
(2) The estimated number of Islamic State of Iraq and Syria
fighters expected to return to Southeast Asia from fighting
in the Middle East.
(3) An assessment of the root causes of violent extremism
in Southeast Asia that have led to the rise of the Islamic
State of Iraq and Syria in Southeast Asia.
(4) The current resources available to combat the threat of
the Islamic State of Iraq and Syria in Southeast Asia, and
the additional resources required to combat that threat.
(5) A detailed assessment of the capabilities of the
Islamic State of Iraq and Syria to operate effectively in
countries such as the Philippines, Indonesia, and Malaysia.
(6) A description of the capabilities and resources of
governments of countries in Southeast Asia to counter violent
extremist groups.
(7) A list of additional United States resources and
capabilities, including development assistance, that the
Department of Defense and the Department od State recommend
providing to governments in Southeast Asia to combat violent
extremist groups.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 2654. Mr. HELLER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. INFORMATION ON RESOURCES AVAILABLE FOR THOSE
IMPACTED BY SEXUAL ASSAULT OR SEXUAL HARASSMENT
IN PRESEPARATION COUNSELING PROVIDED TO MEMBERS
OF THE ARMED FORCES.
Section 1142(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (12) through (18) as
paragraphs (13) through (19), respectively; and
(2) by inserting after paragraph (11) the following new
paragraph (12):
``(12) Information concerning the availability of resources
for those impacted by sexual assault or sexual harassment.''.
______
SA 2655. Mr. MERKLEY (for himself and Mr. Wyden) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. IMPROVING THE ESSENTIAL AIR SERVICE PROGRAM.
Section 41731 of title 49, United States Code, is amended
by adding at the end the following new subsection:
``(g) Exception for Certain Locations With High Military
Use.--Subparagraph (D) of subsection (a)(1) shall not apply
with respect to any location that--
``(1) is certified under part 139 of title 14, Code of
Federal Regulations;
``(2) is not owned by the Federal government; and
``(3) for which not less than 10 percent of airport
operations in 2017 were by aircraft of the Armed Forces.''.
______
SA 2656. Mr. MERKLEY submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. __. REPORT ON EFFORTS IN AFGHANISTAN.
(a) Findings.--The Senate makes the following findings:
(1) After more than 16 years, the conflict in Afghanistan
continues to present a whole-of-government challenge to the
United States.
(2) More than $800,000,000,000, or by some estimates,
trillions of taxpayer dollars have been spent on the conflict
in Afghanistan.
(3) More than 2,200 United States lives have been lost, and
more than 20,000 Americans have been wounded in operations in
Afghanistan.
(4) The efforts and investment of the United States in
Afghanistan have been undermined by endemic corruption, which
is a strategic threat to United States interests that has
cost United States taxpayers billions of dollars. Systemic
corruption in Afghanistan continues to compromise the
effectiveness of United States programs and has a negative
impact on the ability of the United States to build trust and
credibility with communities in Afghanistan.
(5) The May 2018 Special Investigation General for
Afghanistan Reconstruction report on the United States
stabilization strategy and associated programs in Afghanistan
made the following findings:
(A) The United States Government greatly overestimated its
ability to build and reform government institutions in
Afghanistan as part of its stabilization strategy.
(B) The stabilization strategy and the programs used to
achieve such strategy were not properly tailored to the
Afghan context.
(C) The large sums of stabilization dollars the United
States devoted to Afghanistan in search of quick gains often
exacerbated conflicts, enabled corruption, and bolstered
support for insurgents.
(D) Since the coalition prioritized the most dangerous
districts first, the coalition continuously struggled to
clear the districts of insurgents, and as a result, the
coalition did not make sufficient progress to convince
Afghans in such districts that the government could protect
them if they openly turned against the insurgents;
[[Page S3637]]
(E) Efforts by United States agencies to monitor and
evaluate stabilization programs were generally poor.
(F) Successes in stabilizing Afghan districts rarely lasted
longer than the physical presence of coalition troops and
civilians.
(G) Stabilization was most successful in areas that were
clearly under the physical control of government security
forces, had a modicum of local governance in place prior to
programming, were supported by coalition forces and civilians
who recognized the value of close cooperation, and were
continuously engaged by their government as programming
ramped up.
(b) Sense of Senate.--It is the sense of the Senate that
United States strategy on engagement in Afghanistan should
approach the challenges described in subsection (a) with
coordinated diplomatic, security, and development efforts
that include--
(1) a view toward assisting the Afghan government and
people, at every level, in transitioning towards sustainable
independence and stability;
(2) accountability for adherence to the rule of law and
support for human rights; and
(3) the goal of ending United States military presence in
Afghanistan.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the heads of each Federal agency involved,
shall submit to the appropriate committees of Congress a
report detailing the United States whole-of-government
efforts in Afghanistan.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The United States diplomatic strategy on Afghanistan,
including--
(i) efforts to support and assist effective governance at
the Federal level and foster cooperation and mutual
accountability between the Government of Afghanistan and
provincial and local leadership in Afghanistan;
(ii) efforts to ensure that Afghan partners at all levels
demonstrate accountability for--
(I) adhering to the rule of law; and
(II) ensuring that women, children, and marginalized groups
are protected and crimes or abuses against such groups are
fully investigated and prosecuted;
(iii) efforts to promote cooperation among the various
ethnic communities of Afghanistan;
(iv) efforts to support and encourage reconciliation
between the Government of Afghanistan and insurgent groups
such as the Taliban, while continuing to counter the
destabilizing actions of terrorist groups;
(v) efforts to support institutional reforms, especially
those relating to anti-corruption, inclusive governance,
electoral reforms, and financial transparency;
(vi) efforts to encourage the neighbors of Afghanistan to
cooperate in support of Afghan security and economic
stability and promote regional investment in development and
political solutions; and
(vii) efforts to ensure that partner governments and
organizations are actively working to support access by women
to education, political representation, employment, medical
care, housing, and other economic opportunities.
(B) The United States defense and security strategy on
Afghanistan, including--
(i) United States force levels in Afghanistan and the
missions to which such forces are dedicated;
(ii) prospects and a timeframe for completely transitioning
responsibility for security to the Afghan National Defense
and Security Forces; and
(iii) assessments of law enforcement training efforts and
measurable impact.
(C) The United States development strategy in Afghanistan,
including-
(i) the ability of the Department of State and the United
States Agency for International Development to deliver,
monitor, and evaluate development assistance;
(ii) the ability of the World Bank to deliver, monitor, and
evaluate on-budget development assistance;
(iii) estimates of the cost to United States and World Bank
programs due to corruption, fraud, waste, and abuse in
implementation and other stages of development projects, and
including an assessment of preventative and punitive efforts
taken by the Government of Afghanistan and others to
consistently confront corruption, fraud, waste, and abuse;
(iv) an assessment of the measurable impacts of United
States-taxpayer funded development efforts since 2002;
(v) the ability of the Government of Afghanistan and non-
governmental institutions in Afghanistan to absorb
development assistance at a pace that builds towards
incremental independent sustainability;
(vi) the social and political impacts of corruption in the
Government of Afghanistan, and at local government levels, on
the sustainability of planned or implemented development
efforts, and an assessment of the means and prospects for
preventing, investigating, and ensuring accountability for
incidents of corruption; and
(vii) the limitation on development efforts as a result of
the unstable security conditions in Afghanistan.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
______
SA 2657. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of section 1001, add the following:
(e) Mandatory Transfer.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer 0.1 percent of the amount appropriated or otherwise
made available under this division for fiscal year 2019 from
the Department of Defense to the Department of State for
expenses of educational and cultural exchange programs.
______
SA 2658. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 834. REPORT ON COST CHANGES IN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Report Required.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees and the Committees on the Budget of the
Senate and the House of Representatives an annual report on
total acquisition cost estimate changes in the major defense
acquisition programs of the Department of Defense, as
measured from each individual program's first full estimate.
(b) Information To Be Included.--The report required under
subsection (a) shall include--
(1) a listing of all major defense acquisition programs for
the previous quarter ending December 31;
(2) identification of the total acquisition cost estimates
for each program identified in paragraph (1) for the previous
quarter ending December 31;
(3) identification of the first full estimate of total
acquisition cost for each program identified in paragraph
(1); and
(4) a calculation of the total acquisition cost-estimate
change, both in terms of dollars and percentage of total,
since the first full estimate for each program identified in
paragraph (1) for the previous quarter ending December 31.
(c) Other Requirements.--The report required under
subsection (a) shall present all cost information in constant
year dollars to correspond with the year in which the report
is submitted.
(d) Definitions.--
(1) The term ``total acquisition cost estimate'' means a
program's estimated total expenditure of research,
development, test, and evaluation; procurement; acquisition-
related operations and maintenance; and system-specific
military construction funds.
(2) The term ``first full estimate of total acquisition
cost'' means a program's first total acquisition cost
estimate set in an acquisition program baseline, in
accordance with section 2435 of title 10, United States Code.
For a development program, the first full estimate is either
the program's planning estimate, if one was established, or
the development estimate established at the time of Milestone
B approval (as that term is defined in section 2366(e) of
title 10, United States Code), whichever estimate occurred
first. For programs that entered the acquisition cycle, or
became major defense acquisition programs, at the time of
Milestone C approval (as that term is defined in section
2366(e) of title 10, United States Code), the production
estimate would be the first full estimate.
______
SA 2659. Mr. SANDERS (for himself, Ms. Warren, and Mr. Merkley)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department
[[Page S3638]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON LACK OF AUTHORIZATION FOR USE
OF ARMED FORCES AGAINST IRAN.
It is the sense of Congress that the use of the Armed
Forces against Iran is not authorized by this Act or any
other Act of Congress.
______
SA 2660. Mr. SANDERS (for himself, Mr. Lee, Mr. Blumenthal, Mr.
Durbin, Mr. Leahy, Mrs. Feinstein, Mr. Markey, Ms. Baldwin, and Ms.
Warren) submitted an amendment intended to be proposed to amendment SA
2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended
to be proposed to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. LIMITATION ON AVAILABILITY OF FUNDS FOR UNITED
STATES AIR REFUELING OF SAUDI-LED COALITION
NON-UNITED STATES MILITARY AIRCRAFT FOR
MISSIONS IN YEMEN CONDUCTED AGAINST HOUTHI
REBELS.
None of the funds authorized to be appropriated by this Act
are authorized to be made available for the procurement or
transfer of fuel for United States air refueling of Saudi-led
coalition non-United States military aircraft for missions in
Yemen conducted against the Houthi rebels.
______
SA 2661. Mr. TESTER submitted an amendment intended to be proposed to
amendment SA 2326 submitted by Mr. Tester and intended to be proposed
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 2, strike lines 8 through 13 and insert the
following:
(b) Funding.--Of the amount authorized to be appropriated
for fiscal year 2019 for Defense Language and National
Security Education, not less than $8,000,000 shall be
available to support Language Training Centers.
______
SA 2662. Mr. WARNER (for himself, Mr. Kaine, and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL,
STATE AND LOCAL INCOME TAXES INCURRED DURING
TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--5724b of title 5, United States Code, is
amended--
(1) in the section heading by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee, or by an
employee and such employee's spouse (if filing jointly), for
any moving or storage'' and inserting ``individual, or by an
individual and such individual's spouse (if filing jointly),
for any travel, transportation, and relocation''; and
(B) in the second sentence, by striking ``employee'' and
inserting ``individual, or the individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, and relocation expenses' means all travel,
transportation, and relocation expenses reimbursed or
furnished in kind pursuant to subchapter II of this chapter
or chapter 41.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5724b and
inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses.''.
(c) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to travel, transportation, or relocation expenses
incurred on or after the date of enactment of this Act.
______
SA 2663. Mr. KING submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. MODIFICATION OF SOURCE OF JOINT PROFESSIONAL
MILITARY EDUCATION CURRICULUM FOR PHASE II
INSTRUCTION.
Section 2154(a)(2)(A) of title 10, United States Code, is
amended by striking ``the Joint Forces Staff College or a''
and inserting ``a joint or''.
______
SA 2664. Mr. WARNER (for himself and Mr. Kaine) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle C of title XVI, add the
following:
SEC. ___. OVERSIGHT OF CYBER VULNERABILITY EVALUATIONS AND
MITIGATION STRATEGIES FOR MAJOR WEAPON SYSTEMS
OF THE DEPARTMENT OF DEFENSE.
(a) Budget Statement Required.--Beginning with fiscal year
2020 and for each fiscal year thereafter, the President shall
include in the supporting information submitted along with
the budget under section 1105 of title 31, United States
Code, for each major weapon system of the Department of
Defense for which funding is included in such budget, a
statement regarding the cyber vulnerabilities of the major
weapon system and matters regarding the mitigation of such
vulnerabilities.
(b) Contents.--Each statement for a major weapon system
required by subsection (a) shall include, for the major
weapon system, the following:
(1) Vulnerability evaluations.--
(A) Status.--A statement expressing whether the cyber
vulnerability evaluation required by section 1647(a) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) of such major weapon system is pending,
in progress, complete, or waived in accordance with
subsection (a)(2) of such section 1647.
(B) Funding.--The seven-year funding profile needed to
complete the pending or in progress cyber vulnerability
evaluation.
(C) Description.--A description of the activities planned
in each fiscal year to complete the required evaluation.
(D) Risk analysis.--An assessment of the operational and
security risks associated with any cyber vulnerabilities
identified in the evaluation.
(2) Mitigation measures.--
(A) Status.--Whether--
(i) development of a strategy pursuant to subsection (d) of
such section is pending, in progress, or complete; and
(ii) activities to carry out such strategy are pending, in
progress, or complete.
(B) Funding.--The seven-year funding profile needed to
complete the pending or in progress mitigation strategy for
such major weapon system.
(C) Description.--A description of the activities planned
in each fiscal year to complete the mitigation strategy.
(c) Form.--The statement required by subsection (a) shall
be submitted in an unclassified form, but may include a
classified annex if necessary.
______
SA 2665. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title IX, insert the following:
[[Page S3639]]
SEC. ___. GRANT PROGRAM FOR STATES TO ESTABLISH PROGRAMS FOR
EXPANDING, COLLECTING, STORING, AND MAKING
ACCESSIBLE CRIMINAL HISTORY RECORD INFORMATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) States should support investigative service providers
conducting background investigations authorized by the
Security Executive Agent or the Suitability and Credentialing
Executive Agent by--
(A) providing automated access to criminal history records
produced by criminal justice agencies; and
(B) expanding State criminal history record systems to
include name-based arrests not supported by biometrics; and
(2) the large volume of requests from investigative service
providers places significant demands on States that exceed
their current resources.
(b) Material Resources and Support.--
(1) Grant program required.--The Attorney General shall, in
coordination with the Government's primary investigative
service provider, establish a competitive grant program to
support States in carrying out the activities described in
subsection (a).
(2) Standards.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent
shall, in consultation with the Council and the Government's
primary investigative service provider, set standards for the
grant program authorized under paragraph (1), including
biometric and biographic information standards.
(3) Derivation of funds.--Amounts to carry out the grant
program authorized under paragraph (1) shall be derived from
amounts appropriated or otherwise made available for the
Department of Justice.
(c) Annual Reports.--Not less frequently than once each
year, the Government's primary investigative service
provider, in coordination with the Council, shall submit to
the appropriate congressional committees a report that
describes the status of--
(1) State efforts to provide automated access to criminal
history records produced by criminal justice agencies;
(2) the efforts of investigative service providers to use
such automated access; and
(3) the use of funds received by States under subsection
(b)(1).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003));
(C) the Committee Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate; and
(D) the Committee on Homeland Security, the Committee on
Oversight and Government Reform, and the Committee on the
Judiciary of the House of Representatives.
(2) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to Executive Order 13467 (73
Fed. Reg. 38103; 50 U.S.C. 3161 note).
(3) Criminal history record information.--The term
``criminal history record information'' has the meaning given
such term in section 9101(a) of title 5, United States Code.
(4) Criminal justice agency.--The term ``criminal justice
agency'' has the meaning given such term in such section.
(5) Government's primary investigative service provider.--
The term ``Government's primary investigative service
provider'' means the Government's primary investigative
service provider established pursuant to Executive Order
13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), or any
successor entity.
(6) Security executive agent.--The term ``Security
Executive Agent'' means the Director of National Intelligence
acting as the Security Executive Agent in accordance with
Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161
note).
(7) State.--The term ``State'' has the meaning given such
term in section 9101(a) of title 5, United States Code.
(8) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50
U.S.C. 3161 note).
______
SA 2666. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. TRAINING OF DEPARTMENT OF DEFENSE PERSONNEL ON
WHOLE OF GOVERNMENT APPROACH TO NATIONAL
SECURITY CHALLENGES.
(a) Training Required.--
(1) In general.--The Secretary of Defense shall ensure that
appropriate Department of Defense personnel are provided
training on whole of Government approaches to national
security challenges.
(2) Coordination.--In providing training under this
section, the Secretary shall consult with the heads of other
appropriate departments and agencies of the United States
Government in order to ensure that such training promotes
cross-agency and multi-sector learning, collaboration and
problem-solving.
(b) Elements.--The training under this section shall
include and emphasize the following:
(1) Integration and synchronization of policy across the
executive branch.
(2) An understanding of the role of Congress, State and
local governments, community organizations, academia, foreign
governments, non-governmental organizations, and the private
sector in influencing and executing whole-of-Government
solutions.
(3) Operating in an interagency environment.
(4) Table-top role playing exercises and mentorship
programs designed to enable participants to gain a greater
understanding of interagency partnerships and means of
operating successfully in a whole of Government environment.
(c) Provision of Training.--
(1) Training by cohort.--Training shall be provided under
this section to cohorts comprised of a mix of military and
civilian personnel from across the Department and the Armed
Forces and, with the approval of the head of the department
or agency concerned, from other departments and agencies of
the United States Government.
(2) Providers of training.--The entities providing training
under this section shall include military staff and war
colleges, the National Defense University, and accredited
public institutions of higher education that provide whole of
Government curricula and are located amid areas of high
concentration of military and civilian national security
personnel.
______
SA 2667. Mr. WARNER (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. PARTICIPATION OF INDIA IN THE ASIA-PACIFIC ECONOMIC
COOPERATION REGIONAL ECONOMIC FORUM.
(a) Findings.--Congress makes the following findings:
(1) The Republic of India is the world's ninth largest
economy in nominal terms and the third largest economy based
on purchasing-power parity.
(2) The United States-India partnership is vital to United
States strategic interests in the Asia-Pacific region and
across the globe.
(3) United States-India bilateral trade and investment
continue to expand, supporting thousands of United States
jobs.
(4) The Asia-Pacific Economic Cooperation (APEC) regional
economic forum is the premier Asia-Pacific economic forum,
with a goal to support sustainable economic growth and
prosperity in the Asia-Pacific region.
(5) APEC works to champion free, open trade and investment,
to promote and accelerate regional economic integration,
encourage economic and technical cooperation, enhance human
security, and facilitate a favorable and sustainable business
environment.
(6) APEC held a moratorium on new membership from 1997 to
2010.
(7) India has pursued membership in APEC for over 20 years,
and became an APEC observer in November 2011 at the
invitation of the United States, when the forum met in
Hawaii.
(8) India enjoys a location within the Asia-Pacific region,
which provides an avenue for continued trade and investment
partnerships with APEC member states.
(9) India has been, or is pursuing, bilateral or
multilateral trade agreements with the majority of APEC
member states.
(10) India's ``Look East, Act East'' strategy to expand
economic engagement with East and Southeast Asia demonstrates
its effort to pursue external-oriented, market-driven
economic policies.
(b) Actions.--The Secretary of State shall--
(1) develop a strategy to obtain membership status for
India in APEC, including participation in related meetings,
working groups, activities, and mechanisms;
(2) work with the Government of India to ensure that such
government works to meet the best practices APEC espouses;
and
(3) actively urge APEC member states to support such
membership status for India.
(c) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a report, in unclassified form, describing
the United States strategy to obtain membership status for
India in APEC. The
[[Page S3640]]
report shall be updated and submitted annually until such
time as India obtains membership in APEC.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following elements:
(A) A description of the efforts the Secretary has made to
encourage APEC member states to promote India's bid to obtain
membership status.
(B) Current actions taken by the Government of India to
ensure that India meets the best practices espoused by APEC.
(C) The further steps the Secretary will take to assist
India in obtaining membership status for APEC.
______
SA 2668. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 2834 and insert the following:
SEC. 2834. DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM.
Section 2391 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following new
subsection:
``(d) Defense Community Infrastructure Pilot Program.--(1)
The Secretary of Defense may make grants, conclude
cooperative agreements, and supplement funds available under
Federal programs administered by agencies other than the
Department of Defense to assist State and local governments
to address deficiencies in community infrastructure
supportive of a military installation, if the Secretary
determines that such assistance will enhance the military
value, resilience, readiness, or military family quality of
life at such military installation.
``(2) The Secretary shall establish criteria for the
selection of community infrastructure projects to receive
assistance under paragraph (1). The criteria shall include a
requirement that the State or local government agree to
contribute not less than 30 percent of the funding for the
community infrastructure project, unless the community
infrastructure project is located in a rural area, is located
in an area that has been impacted by past and current
flooding, or for reasons related to national security, in
which case the Secretary may waive the requirement for a
State or local government contribution.
``(3) Amounts appropriated or otherwise made available for
assistance under paragraph (1) may remain available until
expended.
``(4) The authority under this subsection shall expire on
September 30, 2023.''; and
(3) in subsection (e), as redesignated by paragraph (1), by
adding at the end the following new paragraphs:
``(4) The term `community infrastructure' means any
transportation project, including roads, bridges, and
tunnels; school, hospital, police, fire, emergency response,
or other community support facility; or water, waste-water,
telecommunications, electric, gas, or other utility
infrastructure project that is located off of a military
installation and owned by a State or local government.
``(5) The term `rural area' means a city, town, or
unincorporated area that has a population of not more than
20,000 inhabitants.''.
______
SA 2669. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CYBERSECURITY TRANSPARENCY.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``cybersecurity threat''--
(A) means an action, not protected by the First Amendment
to the Constitution of the United States, on or through an
information system that may result in an unauthorized effort
to adversely impact the security, availability,
confidentiality, or integrity of an information system or
information that is stored on, processed by, or transiting an
information system; and
(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement;
(3) the term ``information system''--
(A) has the meaning given the term in section 3502 of title
44, United States Code; and
(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers;
(4) the term ``issuer'' has the meaning given the term in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c);
(5) the term ``NIST'' means the National Institute of
Standards and Technology; and
(6) the term ``reporting company'' means any company that
is an issuer--
(A) the securities of which are registered under section 12
of the Securities Exchange Act of 1934 (15 U.S.C. 78l); or
(B) that is required to file reports under section 15(d) of
such Act (15 U.S.C. 78o(d)).
(b) Requirement to Issue Rules.--Not later than 360 days
after the date of enactment of this Act, the Commission shall
issue final rules to require each reporting company, in the
annual report submitted under section 13 or section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m and
78o(d)) or the annual proxy statement submitted under section
14(a) of such Act (15 U.S.C. 78n(a))--
(1) to disclose whether any member of the governing body,
such as the board of directors or general partner, of the
reporting company has expertise or experience in
cybersecurity and in such detail as necessary to fully
describe the nature of the expertise or experience; and
(2) if no member of the governing body of the reporting
company has expertise or experience in cybersecurity, to
describe what other cybersecurity steps taken by the
reporting company were taken into account by such persons
responsible for identifying and evaluating nominees for any
member of the governing body, such as a nominating committee.
(c) Cybersecurity Expertise or Experience.--For purposes of
subsection (b), the Commission, in consultation with NIST,
shall define what constitutes expertise or experience in
cybersecurity, such as professional qualifications to
administer information security program functions or
experience detecting, preventing, mitigating, or addressing
cybersecurity threats, using commonly defined roles,
specialities, knowledge, skills, and abilities, such as those
provided in NIST Special Publication 800-181 entitled ``NICE
Cybersecurity Workforce Framework'', or any successor
thereto.
______
SA 2670. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At appropriate place, insert the following:
SEC. ____. PERMISSIBLE PURPOSES OF REPORTS.
(a) Short Title.--This section may be cited as the
``Control Your Personal Credit Information Act of 2018''.
(b) Reports.--The Fair Credit Reporting Act (15 U.S.C. 1681
et seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b)--
(A) by striking subsections (c) through (e) and inserting
the following:
``(c) Conditions for Furnishing Certain Consumer Reports.--
``(1) In general.--A consumer reporting agency may furnish
a consumer report for the following purposes only if the
consumer provides the consumer reporting agency with
affirmative written consent to furnish the consumer report,
after furnishing proper identification under section 610:
``(A) An extension of credit pursuant to subsection
(a)(3)(A).
``(B) The underwriting of insurance pursuant to subsection
(a)(3)(C).
``(2) Additional reports; election.--After a consumer has
provided affirmative written consent and furnished proper
identification under paragraph (1) to a consumer reporting
agency, the consumer reporting agency may continue to furnish
consumer reports solely for the purposes of reviewing or
collecting on an account described in subparagraphs (A) and
(C) of subsection (a)(3).
``(3) Furnishing reports in connection with credit or
insurance transactions that are not initiated by consumer.--
``(A) In general.--A consumer reporting agency may furnish
a consumer report to a person in connection with any credit
or insurance transaction under subparagraph (A) or (C) of
subsection (a)(3) that is not initiated by the consumer only
if--
``(i) the consumer provides the consumer reporting agency
affirmative written consent to furnish the consumer report,
after furnishing proper identification under section 610; and
``(ii) the transaction consists of a firm offer of credit
or insurance.
``(B) Election.--The consumer may elect to--
``(i) have the consumer's name and addresses included in
lists of names and addresses provided by the consumer
reporting agency pursuant to subparagraphs (A) and (C) of
subsection (a)(3) in connection with any credit or insurance
transaction that is not initiated by the consumer only if--
``(I) the consumer provides the consumer reporting agency
affirmative written consent to furnish the consumer report,
after furnishing proper identification under section 610; and
``(II) the transaction consists of a firm offer of credit
or insurance; and
[[Page S3641]]
``(ii) revoke at any time the election pursuant to clause
(i) to have the consumer's name and address included in lists
provided by a consumer reporting agency.
``(C) Information regarding inquiries.--Except as provided
in section 609(a)(5), a consumer reporting agency shall not
furnish to any person a record of inquiries in connection
with a credit or insurance transaction that is not initiated
by a consumer.
``(4) Disclosures.--
``(A) In general.--A person may not procure a consumer
report for any purpose pursuant to subparagraphs (D), (F),
and (G) of subsection (a)(3) unless--
``(i) a clear and conspicuous disclosure has been made in
writing to the consumer at any time before the report is
procured or caused to be procured, in a document that
consists solely of the disclosure, that a consumer report may
be obtained for such purposes; and
``(ii) the consumer has authorized in writing the
procurement of the consumer report by that person.
``(B) Authorizations.--The authorization described in
subparagraph (A)(ii) may be made on the disclosure document
provided under subparagraph (A)(i).
``(5) Rule making.--Not later than 180 days after the date
of enactment of the Control Your Personal Credit Information
Act of 2018, the Director of the Bureau shall promulgate
regulations that--
``(A) implement this subsection;
``(B) establish a model form for the disclosure document
pursuant to paragraph (4) and define the term clear and
conspicuous disclosure;
``(C) establish guidelines that permit consumers to provide
a single written authorization as required by paragraph (1)
for a specific time period for multiple users for the
specified purpose during that time period;
``(D) require a consumer reporting agency to provide to
each consumer a secure, convenient, accessible, and cost-free
method by which a consumer may allow or disallow the
furnishing of consumer reports pursuant to this subsection;
and
``(E) require a consumer reporting agency not later than 2
business days after the date on which a consumer makes an
election to revoke the consumer's inclusion of the consumer's
name and address in lists provided by a consumer reporting
agency pursuant to paragraph (3)(B) to implement that
election.
``(6) Prohibitions.--
``(A) In general.--The method described in paragraph (5)(D)
shall not be used to--
``(i) collect any information on a consumer that is not
necessary for the purpose of the consumer to allow or
disallow the furnishing of consumer reports; or
``(ii) advertise any product or service.
``(B) No waiver.--In the offering of a method described in
paragraph (5)(D), a consumer reporting agency shall not
require a consumer to waive any rights nor indemnify the
consumer reporting agency from any liabilities arising from
the offering of such method.
``(7) Reports.--
``(A) CFPB.--
``(i) Recommendation.--Not later than 180 days after the
date of enactment of the Control Your Personal Credit
Information Act of 2018, the Director of the Bureau shall,
after consultation with the Federal Deposit Insurance
Corporation, the National Credit Union Administration, and
other Federal and State regulators as the Director of the
Bureau determines are appropriate, submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives recommendations on how to provide consumers
greater transparency and personal control over their consumer
reports furnished for permissible purposes under subsections
(a)(3)(E) and (a)(6).
``(ii) Report.--The Director of the Bureau shall submit to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives an annual report that includes
recommendations on how this subsection may be improved, a
description of enforcement actions taken to demonstrate
compliance with this subsection, recommendations on how to
improve oversight of consumer reporting agencies and users of
consumer reports, and any other recommendations concerning
how consumers may be provided greater transparency and
control over their personal information.
``(B) GAO.--
``(i) Study.--The Comptroller General of the United States
shall conduct a study on what additional protections or
restrictions may be needed to ensure that the information
collected in consumer files is secure and does not adversely
impact consumers.
``(ii) Report.--Not later than 1 year after the date of
enactment of the Control Your Personal Credit Information Act
of 2018, the Comptroller General of the United States shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report on the results of
the study under clause (i), which shall include--
``(I) to the greatest extent possible, the presentation of
unambiguous conclusions and specific recommendations for
further legislative changes needed to ensure that the
information collected in consumer files is secure and does
not adversely impact consumers; and
``(II) if no recommendations for further legislative
changes are presented, a detailed explanation of why no such
changes are recommended.'';
(B) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively; and
(C) by adding at the end the following:
``(f) No Fees.--No consumer reporting agency may charge a
consumer any fee for any activity pursuant to this
section.'';
(2) in section 607(a) (15 U.S.C. 1681e(a)), by inserting
``Every consumer reporting agency shall use commercially
reasonable efforts to avoid unauthorized access to consumer
reports and information in the file of a consumer maintained
by the consumer reporting agency, including complying with
any appropriate standards established under section 501(b) of
the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).'' after the
end of the third sentence;
(3) in section 609 (15 U.S.C. 1681g), by striking
subsection (b) and inserting the following:
``(b) Scope of Disclosure.--The Director of the Bureau
shall promulgate regulations to clarify that any information
held by a consumer reporting agency about a consumer shall be
disclosed to the consumer when a consumer makes a written
request, irrespective of whether the information is held by
the parent, subsidiary, or affiliate of a consumer reporting
agency.''; and
(4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1)), by
striking ``section 609'' and inserting ``sections 604 and
609''.
(c) Technical and Conforming Amendments.--The Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the
matter preceding subparagraph (A), by striking ``604(g)(3)''
and inserting ``604(e)(3)'';
(2) in section 615(d) (15 U.S.C. 1681m(d))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``604(c)(1)(B)'' and inserting ``604(c)(3)(A)(ii)''; and
(ii) in subparagraph (E), by striking ``604(e)'' and
inserting ``604(c)(5)(D)''; and
(B) in paragraph (2)(A), by striking ``604(e)'' and
inserting ``604(c)(5)(D)''; and
(3) in section 625(b)(1)(A) (15 U.S.C. 1681t(b)(1)(A)), by
striking ``subsection (c) or (e) of section 604'' and
inserting ``604(c)''.
______
______
SA 2671. Mr. JOHNSON submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
=========================== NOTE ===========================
On page S3641, June 11, 2018, in the third column, the following
appears: At the end of the following:
The online Record has been corrected to read: SA 2671. Mr.
JOHNSON submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of
Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows: At the end of the
following:
========================= END NOTE =========================
At the end, add the following:
DIVISION E--DHS AUTHORIZATION ACT
SEC. 1. SHORT TITLE.
This division may be cited as the ``Department of Homeland
Security Authorization Act'' or the ``DHS Authorization
Act''.
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as
referring only to the provisions of this division.
TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
Subtitle A--Headquarters Operations
SEC. 1101. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Section 102 of the Homeland Security Act
of 2002 (6 U.S.C. 112) is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``through the Office of State and Local
Coordination (established under section 801)'' and inserting
``through the Office of Partnership and Engagement''; and
(2) by adding at the end the following:
``(h) Headquarters.--
``(1) In general.--There is in the Department a
Headquarters.
``(2) Components.--The Department Headquarters shall
include each of the following:
``(A) The Office of the Secretary, which shall include--
``(i) the Deputy Secretary;
``(ii) the Chief of Staff; and
``(iii) the Executive Secretary.
``(B) The Management Directorate, including the Office of
the Chief Financial Officer.
``(C) The Science and Technology Directorate.
``(D) The Office of Strategy, Policy, and Plans.
``(E) The Office of the General Counsel.
``(F) The Office of the Chief Privacy and FOIA Officer.
``(G) The Office for Civil Rights and Civil Liberties.
``(H) The Office of Operations Coordination.
``(I) The Office of Intelligence and Analysis.
``(J) The Office of Legislative Affairs.
``(K) The Office of Public Affairs.
``(L) The Office of the Inspector General.
``(M) The Office of the Citizenship and Immigration
Services Ombudsman.
``(N) The Countering Weapons of Mass Destruction Office.
``(O) The Office of Partnership and Engagement.''.
(b) Conforming Amendments Relating to Assistant
Secretaries.--Section 103(a) of the Homeland Security Act of
2002 (6 U.S.C. 113(a)) is amended--
(1) in the subsection heading, by inserting ``; Assistant
Secretaries and Other Officers'' after ``Under Secretaries'';
(2) in paragraph (1), by amending subparagraph (I) to read
as follows:
``(I) An Administrator of the Transportation Security
Administration.'';
(3) by amending paragraph (2) to read as follows:
``(2) Assistant secretaries.--The following Assistant
Secretaries shall be appointed by the President or the
Secretary, as
[[Page S3642]]
the case may be, without the advice and consent of the
Senate:
``(A) Presidential appointments.--The Department shall have
the following Assistant Secretaries appointed by the
President:
``(i) The Assistant Secretary for Public Affairs.
``(ii) The Assistant Secretary for Legislative Affairs.
``(iii) The Assistant Secretary for the Countering Weapons
of Mass Destruction Office.
``(iv) The Chief Medical Officer.
``(B) Secretarial appointments.--The Department shall have
the following Assistant Secretaries appointed by the
Secretary:
``(i) The Assistant Secretary for International Affairs.
``(ii) The Assistant Secretary for Threat Prevention and
Security Policy.
``(iii) The Assistant Secretary for Border, Immigration,
and Trade Policy.
``(iv) The Assistant Secretary for Cybersecurity,
Infrastructure, and Resilience Policy.
``(v) The Assistant Secretary for Strategy, Planning,
Analysis, and Risk.
``(vi) The Assistant Secretary for State and Local Law
Enforcement.
``(vii) The Assistant Secretary for Partnership and
Engagement.
``(viii) The Assistant Secretary for Private Sector.''; and
(4) by adding at the end the following:
``(3) Limitation on creation of positions.--No Assistant
Secretary position may be created in addition to the
positions provided for by this section unless such position
is authorized by a statute enacted after the date of the
enactment of the DHS Authorization Act.''.
SEC. 1102. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY
AND FOIA OFFICER.
Section 222(a) of the Homeland Security Act of 2002 (6
U.S.C. 142(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``to be the Chief Privacy and FOIA Officer
of the Department,'' after ``in the Department,''; and
(B) by striking ``to the Secretary, to assume'' and
inserting ``to the Secretary. Such official shall have'';
(2) in paragraph (5)(B), by striking ``and'' at the end;
(3) by striking paragraph (6); and
(4) by inserting after paragraph (5) the following:
``(6) developing guidance to assist components of the
Department in developing privacy policies and practices;
``(7) establishing a mechanism to ensure such components
are in compliance with Federal regulatory and statutory and
Department privacy requirements, mandates, directives, and
policies, including requirements under section 552 of title
5, United States Code (commonly known as the `Freedom of
Information Act');
``(8) working with components and offices of the Department
to ensure that information sharing and policy development
activities incorporate privacy protections;
``(9) serving as the Chief FOIA Officer of the Department
for purposes of section 552(j) of title 5, United States Code
(commonly known as the `Freedom of Information Act');
``(10) preparing an annual report to Congress that includes
a description of the activities of the Department that affect
privacy during the fiscal year covered by the report,
including complaints of privacy violations, implementation of
section 552a of title 5, United States Code (commonly known
as the `Privacy Act of 1974'), internal controls, and other
matters; and
``(11) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''.
SEC. 1103. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.
(a) In General.--Section 702 of the Homeland Security Act
of 2002 (6 U.S.C. 342) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Responsibilities.--In carrying out the
responsibilities, authorities, and functions specified in
section 902 of title 31, United States Code, the Chief
Financial Officer shall--
``(1) oversee Department budget formulation and execution;
``(2) lead and provide guidance on performance-based
budgeting practices for the Department to ensure that the
Department and its components are meeting missions and goals;
``(3) lead cost-estimating practices for the Department,
including the development of policies on cost estimating and
approval of life cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and
Plans to ensure that the development of the budget for the
Department is compatible with the long-term strategic plans,
priorities, and policies of the Secretary;
``(5) develop financial management policy for the
Department and oversee the implementation of such policy,
including the establishment of effective internal controls
over financial reporting systems and processes throughout the
Department;
``(6) lead financial system modernization efforts
throughout the Department;
``(7) lead the efforts of the Department related to
financial oversight, including identifying ways to streamline
and standardize business processes;
``(8) oversee the costs of acquisition programs and related
activities to ensure that actual and planned costs are in
accordance with budget estimates and are affordable, or can
be adequately funded, over the lifecycle of such programs and
activities;
``(9) fully implement a common accounting structure to be
used across the entire Department by fiscal year 2020;
``(10) participate in the selection, performance planning,
and review of cost estimating positions with the Department;
``(11) track, approve, oversee, and make public information
on expenditures by components of the Department for
conferences, as appropriate, including by requiring each
component to--
``(A) report to the Inspector General of the Department the
expenditures by such component for each conference hosted for
which the total expenditures of the Department exceed
$100,000, within 15 days after the date of the conference;
and
``(B) with respect to such expenditures, provide to the
Inspector General--
``(i) the information described in subsections (a), (b),
and (c) of section 739 of title VII of division E of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2389); and
``(ii) documentation of such expenditures; and
``(12) track and make public information on expenditures by
components of the Department for conferences, as appropriate,
including by requiring each component to--
``(A) report to the Inspector General of the Department the
expenditures by such component for each conference hosted or
attended by Department employees for which the total
expenditures of the Department are more than $20,000 and less
than $100,000, not later than 30 days after the date of the
conference; and
``(B) with respect to such expenditures, provide to the
Inspector General--
``(i) the information described in subsections (a), (b),
and (c) of section 739 of title VII of division E of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235; 128 Stat. 2389); and
``(ii) documentation of such expenditures.''.
(b) Rule of Construction.--Nothing in the amendment made by
this section may be construed as altering or amending the
responsibilities, authorities, and functions of the Chief
Financial Officer of the Department of Homeland Security
under section 902 of title 31, United States Code.
SEC. 1104. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act
of 2002 (6 U.S.C. 343) is amended--
(1) in subsection (a)--
(A) by striking ``, or to another official of the
Department, as the Secretary may direct''; and
(B) by adding at the end the following: ``In addition to
the functions under section 3506(a)(2) of title 44, United
States Code, and section 11319 of title 40, United States
Code, the Chief Information Officer shall--
``(1) serve as the lead technical authority for information
technology programs of the Department and components of the
Department; and
``(2) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the budgets, programs, security, and
operations of the information technology functions of the
Department.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Strategic Plans.--
``(1) In general.--The Chief Information Officer shall, in
coordination with the Chief Financial Officer, develop an
information technology strategic plan every 5 years and
report to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate on
the extent to which--
``(A) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(B) the information technology strategic plan informs the
budget process of the Department;
``(C) the Department has identified and addressed skills
gaps needed to implement the information technology strategic
plan;
``(D) unnecessary duplicative information technology within
and across the components of the Department has been
eliminated;
``(E) outcome-oriented goals, quantifiable performance
measures, and strategies for achieving those goals and
measures have succeeded; and
``(F) internal control weaknesses and how the Department
will address those weaknesses.
``(2) Initial plan.--Not later than 1 year after the date
of enactment of this subsection, the Chief Information
Officer shall complete the first information technology
strategic plan required under paragraph (1).''.
(b) Software Licensing.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and each year thereafter through fiscal
year 2021, the Chief Information Officer of the Department
[[Page S3643]]
of Homeland Security shall submit the comprehensive software
license policy developed to meet the requirements of section
2 of the MEGABYTE Act of 2016 (40 U.S.C. 11302 note),
including any updates provided to the Director of the Office
of Management and Budget, to--
(A) the Committee on Homeland Security and the Committee of
Oversight and Government Reform of the House of
Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) Department inventory.--Beginning in fiscal year 2022,
and once every 2 fiscal years thereafter, the Chief
Information Officer of the Department of Homeland Security,
in consultation with the component chief information
officers, shall submit to the Committee on Homeland Security
and the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
containing--
(A) a department-wide inventory of all software licenses
held by the Department of Homeland Security on unclassified
and classified systems, including utilized and unutilized
licenses;
(B) an assessment of the needs of the Department of
Homeland Security and the components of the Department of
Homeland Security for software licenses for the subsequent 2
fiscal years;
(C) an explanation as to how the use of shared cloud-
computing services or other new technologies will impact the
needs for software licenses for the subsequent 2 fiscal
years; and
(D) plans and estimated costs for eliminating unutilized
software licenses for the subsequent 2 fiscal years; and
(E) a plan to expedite licensing of software developed for
the Department of Homeland Security to the private sector.
(3) Plan to reduce software licenses.--If the Chief
Information Officer of the Department of Homeland Security
determines through the inventory conducted under paragraph
(2) that the number of software licenses held by the
Department of Homeland Security and the components of the
Department of Homeland Security exceeds the needs of the
Department of Homeland Security, not later than 90 days after
the date on which the inventory is completed, the Secretary
of Homeland Security shall establish a plan for reducing the
number of such software licenses to meet needs of the
Department of Homeland Security.
(c) Comptroller General Review.--Not later than the end of
fiscal year 2019, the Comptroller General of the United
States shall review the extent to which the Chief Information
Officer of the Department of Homeland Security fulfilled all
requirements established in this section and the amendments
made by this section.
SEC. 1105. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 706 of the Homeland Security Act
of 2002, as so redesignated by section 1142 of this Act, is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) representatives from appropriate advisory committees
established pursuant to section 871, including the Homeland
Security Advisory Council and the Homeland Security Science
and Technology Advisory Committee, or otherwise established,
including the Aviation Security Advisory Committee
established pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the semicolon at
the end the following: ``based on the risk assessment
required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent practicable,'' after
``describe''; and
(ii) by striking ``budget plan'' and inserting ``resources
required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent practicable,'' after
``identify'';
(ii) by striking ``budget plan required to provide
sufficient resources to successfully'' and inserting
``resources required to''; and
(iii) by striking the semicolon at the end and inserting
``, including any resources identified from redundant,
wasteful, or unnecessary capabilities and capacities that can
be redirected to better support other existing capabilities
and capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and'' and inserting a
period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31'' and
inserting ``September 30'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``description of the
threats to'' and inserting ``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as required
under subsection (b)(2)'' before the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent practicable,'' before ``a
description''; and
(II) by striking ``budget plan'' and inserting ``resources
required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion''; and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent practicable,'' before ``a
discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks'' before ``to national
homeland''; and
(IV) by inserting ``and'' after the semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph
(H);
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) Documentation.--The Secretary shall retain, from each
quadrennial homeland security review, all information
regarding the risk assessment, as required under subsection
(c)(2)(B), including--
``(A) the risk model utilized to generate the risk
assessment;
``(B) information, including data used in the risk model,
utilized to generate the risk assessment; and
``(C) sources of information, including other risk
assessments, utilized to generate the risk assessment.'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Review.--Not later than 90 days after the submission
of each report required under subsection (c)(1), the
Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate information
on the degree to which the findings and recommendations
developed in the quadrennial homeland security review covered
by the report were integrated into the acquisition strategy
and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to a quadrennial homeland security
review conducted under section 706 of the Homeland Security
Act of 2002, as so redesignated, after December 31, 2017.
SEC. 1106. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) Abolishment of Office of International Affairs.--
(1) In general.--The Office of International Affairs within
the Office of the Secretary of Homeland Security is
abolished.
(2) Transfer of assets and personnel.--The functions
authorized to be performed by the office described in
paragraph (1) as of the day before the date of enactment of
this Act, and the assets and personnel associated with such
functions, are transferred to the Under Secretary for
Strategy, Policy, and Plans of the Department of Homeland
Security under section 708 of the Homeland Security Act of
2002, as so redesignated by section 1142 of this Act.
(3) Conforming amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 317(b) (6 U.S.C. 195c(b))--
(i) in paragraph (2)(A), by striking ``, in consultation
with the Assistant Secretary for International Affairs,'';
and
(ii) in paragraph (4), by striking ``the Office of
International Affairs and''; and
(B) by striking section 879 (6 U.S.C. 459).
(4) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 879.
(b) Homeland Security Advisory Council.--Section 102(b) of
the Homeland Security Act of 2002 (6 U.S.C. 112(b)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) shall establish a Homeland Security Advisory Council
to provide advice and recommendations on homeland security-
related matters, including advice with respect to the
preparation of the quadrennial homeland security review under
section 706.''.
(c) Office of Legislative Affairs.--Section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113) is amended by
adding at the end the following:
``(h) Office of Legislative Affairs.--
``(1) In general.--Notwithstanding any other provision of
law, any report that the Department or a component of the
Department is required to submit to the Committee on
Appropriations of the Senate or the Committee on
Appropriations of the House of Representatives under any
provision of law shall be submitted concurrently to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
``(2) Applicability.--Paragraph (1) shall apply with
respect to any report described in paragraph (1) that is
submitted on or after the date of enactment of the DHS
Authorization Act.
``(3) Notice.--The Secretary shall notify, in writing, the
chairmen and ranking members of the authorizing and
appropriating committees of jurisdiction regarding policy
memoranda, management directives, and reprogramming
notifications issued by the Department.''.
(d) Office of Private Sector.--
(1) In general.--Section 103 of the Homeland Security Act
of 2002 (6 U.S.C. 113), as
[[Page S3644]]
amended, is amended by adding at the end the following:
``(i) Office of Private Sector.--The Assistant Secretary
for Private Sector shall be responsible for--
``(1) creating and fostering strategic communications with
the private sector to enhance the primary mission of the
Department to protect the American homeland;
``(2) advising the Secretary on the impact of the
Department's policies, regulations, processes, and actions on
the private sector;
``(3) interfacing with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
``(4) creating and managing private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to--
``(A) advise the Secretary on private sector products,
applications, and solutions as they relate to homeland
security challenges; and
``(B) advise the Secretary on homeland security policies,
regulations, processes, and actions that affect the
participating industries and associations;
``(5) working with Federal laboratories, federally funded
research and development centers, other federally funded
organizations, academia, and the private sector to develop
innovative approaches to address homeland security challenges
to produce and deploy the best available technologies for
homeland security missions;
``(6) promoting existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges; and
``(7) assisting in the development and promotion of private
sector best practices to secure critical infrastructure.''.
(2) Conforming amendment.--Section 102(f) of the Homeland
Security Act of 2002 (6 U.S.C. 112(f)) is amended--
(A) by striking paragraphs (1) through (7); and
(B) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (1), (2), (3), and (4), respectively.
(e) Definitions.--In this section each of the terms
``assets'', ``functions'', and ``personnel'' have the
meanings given those terms under section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(f) Duplication Review.--
(1) Review required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security
shall complete a review of the functions and responsibilities
of each Department of Homeland Security component responsible
for international affairs to identify and eliminate areas of
unnecessary duplication.
(2) Submission to congress.--Not later than 30 days after
the completion of the review required under paragraph (1),
the Secretary of Homeland Security shall provide the results
of the review to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(3) Action plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the congressional homeland security
committees, as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101, as amended by this Act, an action
plan, including corrective steps and an estimated date of
completion, to address areas of duplication, fragmentation,
and overlap and opportunities for cost savings and revenue
enhancement, as identified by the Government Accountability
Office based on the annual report of the Government
Accountability Office entitled ``Additional Opportunities to
Reduce Fragmentation, Overlap, and Duplication and Achieve
Other Financial Benefits''.
SEC. 1107. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1142, is
amended by adding at the end the following:
``SEC. 709. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is in the Department a Chief
Procurement Officer, who shall serve as a senior business
advisor to agency officials on procurement-related matters
and report directly to the Under Secretary for Management.
The Chief Procurement Officer is the senior procurement
executive for purposes of subsection (c) of section 1702 of
title 41, United States Code, and shall perform procurement
functions as specified in such subsection.
``(b) Responsibilities.--The Chief Procurement Officer
shall--
``(1) delegate or retain contracting authority, as
appropriate;
``(2) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with those policies;
``(3) serve as the main liaison of the Department to
industry on procurement-related issues;
``(4) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(5) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(6) oversee a centralized acquisition workforce
certification and training program using, as appropriate,
existing best practices and acquisition training
opportunities from the Federal Government, private sector, or
universities and colleges to include training on how best to
identify actions that warrant referrals for suspension or
debarment;
``(7) approve the selection and organizational placement of
each head of contracting activity within the Department and
participate in the periodic performance reviews of each head
of contracting activity of the Department;
``(8) ensure that a fair proportion of the value of Federal
contracts and subcontracts are awarded to small business
concerns, as defined under section 3 of the Small Business
Act (15 U.S.C. 632), (in accordance with the procurement
contract goals under section 15(g) of the Small Business Act
(15 U.S.C. 644(g)), maximize opportunities for small business
participation in such contracts, and ensure, to the extent
practicable, small business concerns that achieve qualified
vendor status for security-related technologies are provided
an opportunity to compete for contracts for such technology;
and
``(9) carry out any other procurement duties that the Under
Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this
section the term `head of contracting activity' means an
official who is delegated, by the Chief Procurement Officer
and Senior Procurement Executive, the responsibility for the
creation, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to
accomplish the acquisition of products and services on behalf
of the designated components, offices, and organizations of
the Department, and as authorized, other government
entities.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1142, is amended
by inserting after the item relating to section 708 the
following:
``Sec. 709. Chief Procurement Officer.''.
SEC. 1108. CHIEF SECURITY OFFICER.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1107, is
amended by adding at the end the following:
``SEC. 710. CHIEF SECURITY OFFICER.
``(a) In General.--There is in the Department a Chief
Security Officer, who shall report directly to the Under
Secretary for Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop, implement, and oversee compliance with the
security policies, programs, and standards of the Department;
``(2) participate in--
``(A) the selection and organizational placement of each
senior security official of a component, and the deputy for
each such official, and any other senior executives
responsible for security-related matters; and
``(B) the periodic performance planning and reviews;
``(3) identify training requirements, standards, and
oversight of education to Department personnel on security-
related matters;
``(4) develop security programmatic guidelines;
``(5) review contracts and interagency agreements
associated with major security investments within the
Department; and
``(6) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended, as amended by section 1107,
by inserting after the item relating to section 709 the
following:
``Sec. 710. Chief Security Officer.''.
SEC. 1109. OFFICE OF INSPECTOR GENERAL.
(a) Notification.--The heads of offices and components of
the Department of Homeland Security shall promptly advise the
Inspector General of the Department of all allegations of
misconduct with respect to which the Inspector General has
investigative authority under the Inspector General Act of
1978 (5 U.S.C. App.).
(b) Waiver.--The Inspector General may waive the
notification requirement under this section with respect to
any category or subset of allegations of misconduct.
(c) Rule of Construction.--Nothing in this section may be
construed as affecting the authority of the Secretary of
Homeland Security under the Inspector General Act of 1978 (5
U.S.C. App.).
SEC. 1110. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
(a) In General.--Section 705 of the Homeland Security Act
of 2002 (6 U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment of
officer for'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Officer for Civil Rights and Civil Liberties'' and
inserting ``Chief Civil Rights and Civil Liberties Officer'';
and
(B) in paragraph (2), by inserting ``Chief'' before
``Officer'';
(3) by redesignating subsection (b) as subsection (d); and
(4) by inserting after subsection (a) the following:
``(b) Office for Civil Rights and Civil Liberties.--There
is in the Department an Office for Civil Rights and Civil
Liberties. Under the direction of the Chief Civil Rights and
Civil Liberties Officer, the Office shall support the Chief
Civil Rights and Civil Liberties Officer in the following:
[[Page S3645]]
``(1) Integrating civil rights and civil liberties into
activities of the Department by conducting programs and
providing policy advice and other technical assistance.
``(2) Investigating complaints and information indicating
possible abuses of civil rights or civil liberties, unless
the Inspector General of the Department determines that any
such complaint or information should be investigated by the
Inspector General.
``(3) Directing the Department's equal employment
opportunity and diversity policies and programs, including
complaint management and adjudication.
``(4) Communicating with individuals and communities whose
civil rights and civil liberties may be affected by
Department activities.
``(5) Any other activities as assigned by the Chief Civil
Rights and Civil Liberties Officer.
``(c) Component Civil Rights and Civil Liberties
Officers.--
``(1) In general.--In consultation with the Chief Civil
Rights and Civil Liberties Officer, the head of each
component of the Department shall appoint a senior-level
Federal employee with experience and background in civil
rights and civil liberties as the Civil Rights and Civil
Liberties Officer for the component.
``(2) Responsibilities.--Each Civil Rights and Civil
Liberties Officer appointed under paragraph (1) shall--
``(A) serve as the main point of contact for the Chief
Civil Rights and Civil Liberties Officer; and
``(B) coordinate with the Chief Civil Rights and Civil
Liberties Officer to oversee the integration of civil rights
and civil liberties into the activities of the component.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by striking
the item relating to section 705 and inserting the following:
``Sec. 705. Civil Rights and Civil Liberties.''.
SEC. 1111. SCIENCE AND TECHNOLOGY.
(a) Responsibilities of the Under Secretary for Science and
Technology.--
(1) Directorate for science and technology.--Section 302 of
the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
(A) in the matter preceding paragraph (1), by striking
``The Secretary, acting through the Under'' and inserting
``The Under''; and
(B) in paragraph (4), by striking ``and evaluation'' and
inserting ``evaluation, and standards coordination and
development''.
(2) Technical and conforming amendment.--Section
315(a)(2)(A) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended by striking ``Directorate
of Science and Technology and Homeland Security Advanced
Research Projects Agency'' and inserting ``Directorate of
Science and Technology and the Chief Scientist''.
(b) Office of the Chief Scientist.--
(1) In general.--Section 307 of the Homeland Security Act
of 2002 (6 U.S.C. 187) is amended--
(A) in the section heading, by striking ``homeland security
advanced research projects agency'' and inserting ``office of
the chief scientist'';
(B) in subsection (a)--
(i) by striking paragraphs (1) and (3); and
(ii) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (2), respectively; and
(C) by striking subsections (b) and (c) and inserting the
following:
``(b) Office of the Chief Scientist.--
``(1) Establishment.--There is established the Office of
the Chief Scientist.
``(2) Chief scientist.--The Office of the Chief Scientist
shall be headed by a Chief Scientist, who shall be appointed
by the Secretary.
``(3) Qualifications.--The Chief Scientist shall--
``(A) be appointed from among distinguished scientists with
specialized training or significant experience in a field
related to counterterrorism, traditional homeland security
missions, or national defense; and
``(B) have earned an advanced degree at an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
``(4) Responsibilities.--The Chief Scientist shall oversee
all research and development to--
``(A) support basic and applied homeland security research
to promote revolutionary changes in technologies that would
promote homeland security;
``(B) advance the development, testing and evaluation,
standards coordination and development, and deployment of
critical homeland security technologies;
``(C) accelerate the prototyping and deployment of
technologies that would address homeland security
vulnerabilities;
``(D) promote the award of competitive, merit-reviewed
grants, cooperative agreements or contracts to public or
private entities, including business, federally funded
research and development centers, and universities; and
``(E) oversee research and development for the purpose of
advancing technology for the investigation of child
exploitation crimes, including child victim identification,
trafficking in persons, and child pornography, and for
advanced forensics.
``(5) Coordination.--The Chief Scientist shall ensure that
the activities of the Directorate for Testing and Evaluation
of Science and Technology are coordinated with those of other
relevant research agencies, and may oversee projects jointly
with other agencies.
``(6) Personnel.--In hiring personnel for the Science and
Technology Directorate, the Secretary shall have the hiring
and management authorities described in section 1599h of
title 10, United States Code. The term of appointments for
employees under subsection (c)(1) of that section may not
exceed 5 years before the granting of any extension under
subsection (c)(2) of that section.
``(7) Demonstrations.--The Chief Scientist, periodically,
shall hold homeland security technology demonstrations,
pilots, field assessments, and workshops to improve contact
among technology developers, vendors, component personnel,
State, local, and tribal first responders, and acquisition
personnel.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 307 and inserting the following:
``Sec. 307. Office of the Chief Scientist.''.
SEC. 1112. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844 of
the Homeland Security Act of 2002 (6 U.S.C. 414) is amended--
(1) by striking ``(a) Establishment.--'';
(2) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively, and adjusting the
margins and the heading typeface accordingly;
(3) in subsection (a), as so redesignated--
(A) by striking ``Not later than 180 days after the date of
enactment of this section, the'' and inserting ``The''; and
(B) by striking ``for employees of the Department'' and
inserting ``for certain personnel within the Department'';
(4) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G) as
paragraphs (3) through (9), respectively, and adjusting the
margins accordingly;
(B) by inserting before paragraph (3), as so redesignated,
the following:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by striking
``middle and senior level''; and
(D) in paragraph (7), as so redesignated, by inserting
before ``invigorate'' the following: ``seek to improve morale
and retention throughout the Department and'';
(5) in subsection (c), as redesignated by paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii), and (iv) through
(viii) as subparagraphs (A) through (G), respectively, and
adjusting the margins accordingly;
(6) by redesignating subsections (d) and (e), as
redesignated by paragraph (2), as subsections (e) and (f),
respectively;
(7) by inserting after subsection (c) the following new
subsection:
``(d) Administrative Matters.--In carrying out the Rotation
Program the Secretary shall--
``(1) before selecting employees for participation in the
Rotation Program, disseminate information broadly within the
Department about the availability of the Rotation Program,
qualifications for participation in the Rotation Program,
including full-time employment within the employing component
or office not less than 1 year, and the general provisions of
the Rotation Program;
``(2) require as a condition of participation in the
Rotation Program that an employee--
``(A) is nominated by the head of the component or office
employing the employee; and
``(B) is selected by the Secretary, or the Secretary's
designee, solely on the basis of relative ability, knowledge,
and skills, after fair and open competition that assures that
all candidates receive equal opportunity;
``(3) ensure that each employee participating in the
Rotation Program shall be entitled to return, within a
reasonable period of time after the end of the period of
participation, to the position held by the employee, or a
corresponding or higher position, in the component or office
that employed the employee prior to the participation of the
employee in the Rotation Program;
``(4) require that the rights that would be available to
the employee if the employee were detailed from the employing
component or office to another Federal agency or office
remain available to the employee during the employee
participation in the Rotation Program; and
``(5) require that, during the period of participation by
an employee in the Rotation Program, performance evaluations
for the employee--
``(A) shall be conducted by officials in the office or
component employing the employee with input from the
supervisors of the employee at the component or office in
which the employee is placed during that period; and
``(B) shall be provided the same weight with respect to
promotions and other rewards as performance evaluations for
service in the office or component employing the employee.'';
and
(8) by adding at the end the following:
[[Page S3646]]
``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligibility.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open
to employees serving in existing analyst positions within the
Department's intelligence enterprise and other Department
employees as determined appropriate by the Chief Human
Capital Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under
such subsection shall, as applicable, also apply to the
Intelligence Rotational Assignment Program under this
subsection.
``(h) Evaluation.--The Chief Human Capital Officer, acting
through the Under Secretary for Management, shall--
``(1) perform regular evaluations of the Homeland Security
Rotation Program; and
``(2) not later than 90 days after the end of each fiscal
year, submit to the Secretary a report detailing the findings
of the evaluations under paragraph (1) during that fiscal
year, which shall include--
``(A) an analysis of the extent to which the program meets
the goals under subsection (b);
``(B) feedback from participants in the program, including
the extent to which rotations have enhanced their performance
in their current role and opportunities to improve the
program;
``(C) aggregated information about program participants;
and
``(D) a discussion of how rotations can be aligned with the
needs of the Department with respect to employee training and
mission needs.''.
(b) Congressional Notification and Oversight.--Not later
than 120 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall provide to the
Committee on Homeland Security and the Permanent Select
Committee on Intelligence of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs
and the Select Committee on Intelligence of the Senate
information about the status of the Homeland Security
Rotation Program authorized by section 844 of the Homeland
Security Act of 2002, as amended by subsection (a) of this
section.
SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM.
(a) In General.--Section 874 of the Homeland Security Act
of 2002 (6 U.S.C. 454) is amended--
(1) in the section heading, by striking ``year'' and
inserting ``years'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Not later than 60 days after the date on
which the budget of the President is submitted to Congress
under section 1105(a) of title 31, United States Code, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives (referred
to in this section as the `appropriate committees') a Future
Years Homeland Security Program that covers the fiscal year
for which the budget is submitted and the 4 succeeding fiscal
years.''; and
(3) by striking subsection (c) and inserting the following
new subsections:
``(c) Projection of Acquisition Estimates.--On and after
February 1, 2019, each Future Years Homeland Security Program
shall project--
``(1) acquisition estimates for the fiscal year for which
the budget is submitted and the 4 succeeding fiscal years,
with specified estimates for each fiscal year, for all major
acquisitions by the Department and each component of the
Department; and
``(2) estimated annual deployment schedules for all
physical asset major acquisitions over the 5-fiscal-year
period described in paragraph (1), estimated costs and number
of service contracts, and the full operating capability for
all information technology major acquisitions.
``(d) Sensitive and Classified Information.--The Secretary
may include with each Future Years Homeland Security Program
a classified or other appropriately controlled document
containing information required to be submitted under this
section that is restricted from public disclosure in
accordance with Federal law or Executive order.
``(e) Availability of Information to the Public.--The
Secretary shall make available to the public in electronic
form the information required to be submitted to the
appropriate committees under this section, other than
information described in subsection (d).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 874 and inserting the following:
``Sec. 874. Future Years Homeland Security Program.''.
SEC. 1114. FIELD EFFICIENCIES PLAN.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate a field efficiencies plan
that--
(1) examines the facilities and administrative and
logistics functions of components of the Department of
Homeland Security located within designated geographic areas;
and
(2) provides specific recommendations and an associated
cost-benefit analysis for the consolidation of the facilities
and administrative and logistics functions of components of
the Department of Homeland Security within each designated
geographic area.
(b) Contents.--The field efficiencies plan submitted under
subsection (a) shall include the following:
(1) An accounting of leases held by the Department of
Homeland Security or the components of the Department of
Homeland Security that have expired in the current fiscal
year or will be expiring in the next fiscal year, that have
begun or been renewed in the current fiscal year, or that the
Department of Homeland Security or the components of the
Department of Homeland Security plan to sign or renew in the
next fiscal year.
(2) For each designated geographic area:
(A) An evaluation of specific facilities at which
components, or operational entities of components, of the
Department of Homeland Security may be closed or
consolidated, including consideration of when leases expire
or facilities owned by the Government become available.
(B) An evaluation of potential consolidation with
facilities of other Federal, State, or local entities,
including--
(i) offices;
(ii) warehouses;
(iii) training centers;
(iv) housing;
(v) ports, shore facilities, and airfields;
(vi) laboratories;
(vii) continuity of government facilities; and
(viii) other assets as determined by the Secretary.
(C) An evaluation of the potential for the consolidation of
administrative and logistics functions, including--
(i) facility maintenance;
(ii) fleet vehicle services;
(iii) mail handling and shipping and receiving;
(iv) facility security;
(v) procurement of goods and services;
(vi) information technology and telecommunications services
and support; and
(vii) additional ways to improve unity of effort and cost
savings for field operations and related support activities
as determined by the Secretary.
(3) An implementation plan, including--
(A) near-term actions that can co-locate, consolidate, or
dispose of property within 24 months;
(B) identifying long-term occupancy agreements or leases
that cannot be changed without a significant cost to the
Government; and
(C) how the Department of Homeland Security can ensure it
has the capacity, in both personnel and funds, needed to
cover up-front costs to achieve consolidation and
efficiencies.
(4) An accounting of any consolidation of the real estate
footprint of the Department or any component of the
Department, including the co-location of personnel from
different components, offices, and agencies within the
Department.
SEC. 1115. MANAGEMENT.
(a) Submission to Congress of Information Regarding
Reprogramming or Transfer of Department of Homeland Security
Resources to Respond to Operational Surges.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as
amended by section 1108, is amended by adding at the end the
following:
``SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON
REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND
TO OPERATIONAL SURGES.
``For each fiscal year until fiscal year 2023, the
Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate, together
with the annual budget request for the Department,
information on--
``(1) any circumstance during the fiscal year covered by
the report in which the Secretary exercised the authority to
reprogram or transfer funds to address unforeseen costs,
including costs associated with operational surges; and
``(2) any circumstance in which any limitation on the
transfer or reprogramming of funds affected the ability of
the Secretary to address such unforeseen costs.''.
(b) Long Term Real Property Strategies.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as
amended by subsection (a), is amended by adding at the end
the following:
``SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER.
``(a) In General.--There is a Chief Facilities and
Logistics Officer of the Department who shall report directly
to the Under Secretary for Management. The Chief Facilities
and Logistics Officer shall be career reserved for a member
of the senior executive service.
``(b) Responsibilities.--The Chief Facilities and Logistics
Officer shall--
[[Page S3647]]
``(1) develop policies and procedures and provide program
oversight to manage real property, facilities, environmental
and energy programs, personal property, mobile assets,
equipment, and other material resources of the Department;
``(2) manage and execute, in consultation with the
component heads, mission support services within the National
Capital Region for real property, facilities, environmental
and energy programs, and other common headquarters and field
activities for the Department; and
``(3) provide tactical and transactional services for the
Department in the National Capital Region, including
transportation, facility operations, and maintenance.
``SEC. 713. LONG TERM REAL PROPERTY STRATEGIES.
``(a) In General.--
``(1) First strategy.--Not later than 180 days after the
date of enactment of this section, the Under Secretary for
Management, in consultation with the Administrator of General
Services, shall develop an initial 5-year regional real
property strategy for the Department that covers the 5-
fiscal-year period immediately following such date of
enactment. Such strategy shall be geographically organized,
as designated by the Under Secretary for Management.
``(2) Second strategy.--Not later than the first day of the
fourth fiscal year covered by the first strategy under
paragraph (1), the Under Secretary for Management, in
consultation with the Administrator of General Services,
shall develop a second 5-year real property strategy for the
Department that covers the 5 fiscal years immediately
following the conclusion of the first strategy.
``(b) Requirements.--
``(1) Initial strategy.--The initial 5-year strategy
developed in accordance with subsection (a)(1) shall--
``(A) identify opportunities to consolidate real property,
optimize the usage of Federal assets, and decrease the number
of commercial leases and square footage within the
Department's real property portfolio;
``(B) provide alternate housing and consolidation plans to
increase efficiency through joint use of Department spaces
while decreasing the cost of leased space;
``(C) concentrate on geographical areas with a significant
Department presence, as identified by the Under Secretary for
Management;
``(D) examine the establishment of central Department
locations in each such geographical region and the co-
location of Department components based on the mission sets
and responsibilities of such components;
``(E) identify opportunities to reduce overhead costs
through co-location or consolidation of real property
interests or mission support activities, such as shared mail
screening and processing, centralized transportation and
shuttle services, regional transit benefit programs, common
contracting for custodial and other services, and leveraging
strategic sourcing contracts and sharing of specialized
facilities, such as training facilities and resources;
``(F) manage the current Department Workspace Standard for
Office Space in accordance with the Department office
workspace design process to develop the most efficient and
effective spaces within the workspace standard usable square
foot ranges for all leased for office space entered into on
or after the date of the enactment of this section, including
the renewal of any leases for office space existing as of
such date;
``(G) define, based on square footage, what constitutes a
major real property acquisition;
``(H) prioritize actions to be taken to improve the
operations and management of the Department's real property
inventory, based on life-cycle cost estimations, in
consultation with component heads;
``(I) include information on the headquarters consolidation
project of the Department, including--
``(i) an updated list of the components and offices to be
included in the project;
``(ii) a comprehensive assessment of the current and future
real property required by the Department at the site; and
``(iii) updated cost and schedule estimates; and
``(J) include any additional information determined
appropriate or relevant by the Under Secretary for
Management.
``(2) Second strategy.--The second 5-year strategy
developed in accordance with subsection (a)(2) shall include
information required in subparagraphs (A), (B), (C), (E),
(F), (G), (H), (I), and (J) of paragraph (1) and information
on the effectiveness of implementation efforts pursuant to
the Department-wide policy required in accordance with
subsection (c), including--
``(A) the impact of such implementation on departmental
operations and costs; and
``(B) the degree to which the Department established
central Department locations and co-located Department
components pursuant to the results of the examination
required by paragraph (1)(D).
``(c) Implementation Policies.--Not later than 90 days
after the development of each of the regional real property
strategies developed in accordance with subsection (a), the
Under Secretary for Management shall develop or update, as
applicable, a Department-wide policy implementing such
strategies.
``(d) Certifications.--Subject to subsection (g)(3), the
implementation policies developed pursuant to subsection (c)
shall require component heads to certify to the Under
Secretary for Management that such heads have complied with
the requirements specified in subsection (b) before making
any major real property decision or recommendation, as
defined by the Under Secretary, including matters related to
new leased space, renewing any existing leases, or agreeing
to extend or newly occupy any Federal space or new
construction, in accordance with the applicable regional real
property strategy developed in accordance with subsection
(a).
``(e) Underutilized Space.--
``(1) In general.--The implementation policies developed
pursuant to subsection (c) shall require component heads,
acting through regional property managers under subsection
(f), to annually report to the Under Secretary for Management
on underutilized space and identify space that may be made
available for use, as applicable, by other components or
Federal agencies.
``(2) Exception.--The Under Secretary for Management may
grant an exception to the workspace standard usable square
foot ranges described in subsection (b)(1)(F) for specific
office locations at which a reduction or elimination of
otherwise underutilized space would negatively impact a
component's ability to execute its mission based on readiness
performance measures or would increase the cost of such
space.
``(3) Underutilized space defined.--In this subsection, the
term `underutilized space' means any space with respect to
which utilization is greater than the workplace standard
usable square foot ranges described in subsection (b)(1)(F).
``(f) Component Responsibilities.--
``(1) Regional property managers.--Each component head
shall identify a senior career employee of each such
component for each geographic region included in the regional
real property strategies developed in accordance with
subsection (a) to serve as each such component's regional
property manager. Each such regional property manager shall
serve as a single point of contact for Department
headquarters and other Department components for all real
property matters relating to each such component within the
region in which each such component is located, and provide
data and any other support necessary for the Department of
Homeland Security Regional Mission Support Coordinator
strategic asset and portfolio planning and execution.
``(2) Data.--Regional property managers under paragraph (1)
shall provide annually to the Under Secretary for Management,
via a standardized and centralized system, data on each
component's real property holdings, as specified by the
Undersecretary for Management, including relating to
underutilized space under subsection (e) (as such term is
defined in such subsection), total square footage leased,
annual cost, and total number of staff, for each geographic
region included in the regional real property strategies
developed in accordance with subsection (a).
``(g) Ongoing Oversight.--
``(1) In general.--The Under Secretary for Management shall
monitor components' adherence to the regional real property
strategies developed in accordance with subsection (a) and
the implementation policies developed pursuant to subsection
(c).
``(2) Annual review.--The Under Secretary for Management
shall annually review the data submitted pursuant to
subsection (f)(2) to ensure all underutilized space (as such
term is defined in subsection (e)) is properly identified.
``(3) Certification review.--The Under Secretary for
Management shall review, and if appropriate, approve,
component certifications under subsection (d) before such
components may make any major real property decision,
including matters related to new leased space, renewing any
existing leases, or agreeing to extend or newly occupy any
Federal space or new construction, in accordance with the
applicable regional real property strategy developed in
accordance with subsection (a).
``(4) Congressional reporting.--The Under Secretary for
Management shall annually provide information to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Inspector General
of the Department on the real property portfolio of the
Department, including information relating to the following:
``(A) A summary of the Department's real property holdings
in each region described in the regional strategies developed
in accordance with subsection (a), and for each such
property, information including the total square footage
leased, the total cost, the total number of staff at each
such property, and the square foot per person utilization
rate for office space (and whether or not it conforms with
the workspace standard usable square foot ranges established
described in subsection (b)(1)(F)).
``(B) An accounting of all underutilized space (as such
term is defined in subsection (e)).
``(C) An accounting of all instances in which the
Department or its components consolidated their real property
holdings or co-located with another entity within the
Department.
``(D) A list of all certifications provided pursuant to
subsection (d) and all such certifications approved pursuant
to paragraph (3) of this subsection.
``(5) Inspector general review.--Not later than 120 days
after the last day of the fifth
[[Page S3648]]
fiscal year covered in each of the initial and second
regional real property strategies developed in accordance
with subsection (a), the Inspector General of the Department
shall review the information submitted pursuant to paragraph
(4) and issue findings regarding the effectiveness of the
implementation of the Department-wide policy and oversight
efforts of the management of real property facilities,
personal property, mobile assets, equipment and the
Department's other material resources as required under this
section.''.
(c) Reporting.--The Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate copies of the regional
strategies developed in accordance with section 713(a) of the
Homeland Security Act of 2002, as added by this Act, not
later than 90 days after the date of the development of each
such strategy.
(d) Rules of Construction.--Nothing in this Act or an
amendment made by this Act shall be construed to effect,
modify, or supersede--
(1) the responsibility of agencies for management of their
real property holdings pursuant to title 40 of the United
States Code; or
(2) the reporting requirements included in the Department
of Homeland Security Headquarters Consolidation
Accountability Act of 2015 (Public Law 114-150; 130 Stat.
366).
(e) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1108, is amended
by inserting after the item relating to section 710 the
following:
``Sec. 711. Annual submittal to Congress of information on
reprogramming or transfers of funds to respond to
operational surges.
``Sec. 712. Chief Facilities and Logistics Officer.
``Sec. 713. Long term real property strategies.''.
SEC. 1116. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the congressional homeland security
committees (as defined in section 2 of the Homeland Security
Act of 2002, as amended by this Act) a report that includes
each of the following:
(1) A detailed accounting of the management and
administrative expenditures and activities of each component
of the Department of Homeland Security and identifies
potential cost savings, avoidances, and efficiencies for
those expenditures and activities.
(2) An examination of major physical assets of the
Department of Homeland Security, as defined by the Secretary
of Homeland Security.
(3) A review of the size, experience level, and geographic
distribution of the operational personnel of the Department
of Homeland Security.
(4) Recommendations for adjustments in the management and
administration of the Department of Homeland Security that
would reduce deficiencies in the capabilities of the
Department of Homeland Security, reduce costs, and enhance
efficiencies.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
(a) In General.--Title XIX of the Homeland Security Act of
2002 (6 U.S.C. 591 et seq.) is amended--
(1) in the title heading, by striking ``DOMESTIC NUCLEAR
DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS
DESTRUCTION OFFICE'';
(2) by striking section 1901 and inserting the following:
``SEC. 1900. DEFINITIONS.
``In this title:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for the Countering Weapons of
Mass Destruction Office.
``(2) Office.--The term `Office' means the Countering
Weapons of Mass Destruction Office established under section
1901(a).
``(3) Weapon of mass destruction.--The term `weapon of mass
destruction' has the meaning given the term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
``Subtitle A--Countering Weapons of Mass Destruction Office'';
``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.
``(a) Establishment.--There is established in the
Department a Countering Weapons of Mass Destruction Office.
``(b) Assistant Secretary.--The Office shall be headed by
an Assistant Secretary for the Countering Weapons of Mass
Destruction Office, who shall be appointed by the President.
``(c) Responsibilities.--The Assistant Secretary shall
serve as the Secretary's principal advisor on--
``(1) weapons of mass destruction matters and strategies;
and
``(2) coordinating the efforts to counter weapons of mass
destruction.'';
(3) by adding at the end the following:
``Subtitle B--Mission of the Office
``SEC. 1921. MISSION OF THE OFFICE.
``The Office shall be responsible for coordinating with
other Federal efforts and developing departmental strategy
and policy to plan, detect, or protect against the
importation, possession, storage, transportation,
development, or use of unauthorized chemical, biological,
radiological, or nuclear materials, devices, or agents, in
the United States and to protect against an attack using such
materials, devices, or agents against the people, territory,
or interests of the United States.
``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.
``(a) In General.--The authority of the Assistant Secretary
under this title shall neither affect nor diminish the
authority or the responsibility of any officer of the
Department or of any officer of any other department or
agency of the United States with respect to the command,
control, or direction of the functions, personnel, funds,
assets, and liabilities of any entity within the Department
or any Federal department or agency.
``(b) Federal Emergency Management Agency.--Nothing in this
title or any other provision of law may be construed to
affect or reduce the responsibilities of the Federal
Emergency Management Agency or the Administrator of the
Agency, including the diversion of any asset, function, or
mission of the Agency or the Administrator of the Agency.'';
(4) by striking section 1905;
(5) by redesignating sections 1902, 1903, 1904, 1906, and
1907 as sections 1923, 1924, 1925, 1926, and 1927,
respectively, and transferring such sections to appear after
section 1922, as added by paragraph (3);
(6) in section 1923, as so redesignated--
(A) in the section heading by striking ``mission of
office'' and inserting ``responsibilities''; and
(B) in subsection (a)(11), by striking ``Domestic Nuclear
Detection Office'' and inserting ``Countering Weapons of Mass
Destruction Office'';
(7) in section 1925(a), as so redesignated, by striking
``section 1902'' and inserting ``section 1923'';
(8) in section 1926, as so redesignated--
(A) by striking ``section 1902(a)'' each place it appears
and inserting ``section 1923(a)''; and
(B) in the matter preceding paragraph (1), by striking
``Director for Domestic Nuclear Detection'' and inserting
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office''; and
(9) in section 1927, as so redesignated--
(A) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Director of the Domestic Nuclear Detection
Office'' and inserting ``Assistant Secretary for the
Countering Weapons of Mass Destruction Office''; and
(B) in subsection (c), by striking ``section 1902'' and
inserting ``section 1923''.
(b) References and Construction.--
(1) In general.--Any reference in law, regulation,
document, paper, or other record of the United States to--
(A) the Domestic Nuclear Detection Office shall be deemed
to be a reference to the Countering Weapons of Mass
Destruction Office; and
(B) the Director for Domestic Nuclear Detection shall be
deemed to be a reference to the Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
(2) Construction.--Sections 1923 through 1927 of the
Homeland Security Act of 2002, as so redesignated by
subsection (a), shall be construed to cover the chemical and
biological responsibilities of the Assistant Secretary for
the Countering Weapons of Mass Destruction Office.
(3) Authority.--The authority of the Director of the
Domestic Nuclear Detection Office to make grants is
transferred to the Assistant Secretary for the Countering
Weapons of Mass Destruction, and such authority shall be
construed to include grants for all purposes of title XIX of
the Homeland Security Act of 2002, as amended by this Act.
(c) Chief Medical Officer.--
(1) Repeal.--Title V of the Homeland Security Act of 2002
(6 U.S.C. 311 et seq.) is amended by striking section 516.
(2) Amendment.--Title XIX of the Homeland Security Act of
2002 (6 U.S.C. 591 et seq.), as amended by subsection (a), is
amended by adding at the end the following:
``Subtitle C--Chief Medical Officer
``SEC. 1931. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the Secretary. The
Chief Medical Officer shall report to the Assistant
Secretary.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall be a licensed physician possessing a
demonstrated ability in and knowledge of medicine and public
health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the responsibility within the Department for medical
issues related to natural disasters, acts of terrorism, and
other man-made disasters including--
``(1) serving as the principal advisor to the Secretary,
the Assistant Secretary, and other Department officials on
medical and public health issues;
[[Page S3649]]
``(2) providing operational medical support to all
components of the Department;
``(3) as appropriate provide medical liaisons to the
components of the Department, on a reimbursable basis, to
provide subject matter expertise on operational medical
issues;
``(4) coordinating with State, local, and tribal
governments, the medical community, and others within and
outside the Department, including the Department of Health
and Human Services Centers for Disease Control, with respect
to medical and public health matters; and
``(5) performing such other duties relating to such
responsibilities as the Secretary may require.''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 516.
(d) Workforce Health and Medical Support.--
(1) In general.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1115, is
amended by adding at the end the following:
``SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT.
``(a) In General.--The Under Secretary for Management shall
be responsible for workforce-focused health and medical
activities of the Department. The Under Secretary for
Management may further delegate these responsibilities as
appropriate.
``(b) Responsibilities.--The Under Secretary for
Management, in coordination with the Chief Medical Officer,
shall--
``(1) provide oversight and coordinate the medical and
health activities of the Department for the human and animal
personnel of the Department;
``(2) establish medical, health, veterinary, and
occupational health exposure policy, guidance, strategies,
and initiatives for the human and animal personnel of the
Department;
``(3) as deemed appropriate by the Under Secretary, provide
medical liaisons to the components of the Department, on a
reimbursable basis, to provide subject matter expertise on
occupational medical and public health issues;
``(4) serve as the primary representative for the
Department on agreements regarding the detail of Department
of Health and Human Services Public Health Service
Commissioned Corps Officers to the Department, except that
components and offices of the Department shall retain
authority for funding, determination of specific duties, and
supervision of Commissioned Corps officers detailed to a
Department component; and
``(5) perform such other duties relating to such
responsibilities as the Secretary may require.''.
(e) Transfers; Abolishment.--
(1) Transfers.--The Secretary of Homeland Security shall
transfer--
(A) to the Countering Weapons of Mass Destruction Office
all functions, personnel, budget authority, and assets of--
(i) the Domestic Nuclear Detection Office, as in existence
on the day before the date of enactment of this Act; and
(ii) the Office of Health Affairs, as in existence on the
day before the date of enactment of this Act, other than the
functions, personnel, budget authority, and assets of such
office necessary to perform the functions of section 714 of
the Homeland Security Act of 2002, as added by this Act; and
(B) to the Directorate of Management all functions,
personnel, budget authority, and assets of the Office of
Health Affairs, as in existence on the day before the date of
enactment of this Act, that are necessary to perform the
functions of section 714 of the Homeland Security Act of
2002, as added by this Act.
(2) Abolishment.--Upon completion of all transfers pursuant
to paragraph (1)--
(A) the Domestic Nuclear Detection Office of the Department
of Homeland Security and the Office of Health Affairs of the
Department of Homeland Security are abolished;
(B) the positions of Assistant Secretary for Health Affairs
and Director for Domestic Nuclear Detection are abolished.
(f) Conforming Amendments.--
(1) Other officers.--Section 103(d) of the Homeland
Security Act of 2002 (6 U.S.C. 113(d)) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(2) National biosurveillance integration center.--Section
316(a) of the Homeland Security Act of 2002 (6 U.S.C.
195b(a)) is amended by striking ``Secretary shall'' and
inserting ``Secretary, acting through the Assistant Secretary
for the Countering Weapons of Mass Destruction Office,
shall''.
(3) International cooperation.--Section 317(f) of the
Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended
by striking ``the Chief Medical Officer,'' and inserting
``the Assistant Secretary for the Countering Weapons of Mass
Destruction Office,''.
(4) Functions transferred.--Section 505(b) of the Homeland
Security Act of 2002 (6 U.S.C. 315(b)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraph (5) as paragraph (4); and
(C) in paragraph (4), as so redesignated, by striking
``through (4)'' and inserting ``through (3)''.
(5) Coordination of department of homeland security efforts
related to food, agriculture, and veterinary defense against
terrorism.--Section 528(a) of the Homeland Security Act of
2002 (6 U.S.C. 321q(a)) is amended by striking ``Health
Affairs,'' and inserting ``the Countering Weapons of Mass
Destruction Office,''.
(g) Department of Homeland Security Chemical, Biological,
Radiological, and Nuclear Activities.--Not later than 1 year
after the date of enactment of this Act and once every year
thereafter, the Secretary of Homeland Security shall provide
a briefing and report to the appropriate congressional
committees (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101) on--
(1) the organization and management of the chemical,
biological, radiological, and nuclear activities of the
Department of Homeland Security, including research and
development activities, and the location of each activity
under the organizational structure of the Countering Weapons
of Mass Destruction Office;
(2) a comprehensive inventory of chemical, biological,
radiological, and nuclear activities, including research and
development activities, of the Department of Homeland
Security, highlighting areas of collaboration between
components, coordination with other agencies, and the
effectiveness and accomplishments of consolidated chemical,
biological, radiological, and nuclear activities of the
Department of Homeland Security, including research and
development activities;
(3) information relating to how the organizational
structure of the Countering Weapons of Mass Destruction
Office will enhance the development of chemical, biological,
radiological, and nuclear priorities and capabilities across
the Department of Homeland Security;
(4) a discussion of any resulting cost savings and
efficiencies gained through activities described in
paragraphs (1) and (2); and
(5) recommendations for any necessary statutory changes,
or, if no statutory changes are necessary, an explanation of
why no statutory or organizational changes are necessary.
(h) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by subsection (b), is
amended--
(1) by inserting after the item relating to section 713 the
following:
``Sec. 714. Workforce health and medical support.'';
and
(2) by striking the item relating to title XIX (including
items relating to section 1901 through section 1907) and
inserting the following:
``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
``Sec. 1900. Definitions.
``Subtitle A--Countering Weapons of Mass Destruction Office
``Sec. 1901. Countering Weapons of Mass Destruction Office.
``Subtitle B--Mission of the Office
``Sec. 1921. Mission of the Office.
``Sec. 1922. Relationship to other department entities and Federal
agencies.
``Sec. 1923. Responsibilities.
``Sec. 1924. Hiring authority.
``Sec. 1925. Testing authority.
``Sec. 1926. Contracting and grant making authorities.
``Sec. 1927. Joint annual interagency review of global nuclear
detection architecture.
``Subtitle C--Chief Medical Officer
``Sec. 1931. Chief Medical Officer.''.
(i) Sunset.--
(1) Definition.--In this subsection, the term ``sunset
date'' means the date that is 5 years after the date of
enactment of this Act.
(2) Amendments.--Effective on the sunset date:
(A) Title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.) is amended--
(i) in the title heading, by striking ``COUNTERING WEAPONS
OF MASS DESTRUCTION OFFICE'' and inserting ``DOMESTIC NUCLEAR
DETECTION OFFICE'';
(ii) by striking section 1900 and all that follows through
the end of section 1901 and inserting the following:
``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.
``(a) Establishment.--There shall be established in the
Department a Domestic Nuclear Detection Office (referred to
in this title as the `Office'). The Secretary may request
that the Secretary of Defense, the Secretary of Energy, the
Secretary of State, the Attorney General, the Nuclear
Regulatory Commission, and the directors of other Federal
agencies, including elements of the Intelligence Community,
provide for the reimbursable detail of personnel with
relevant expertise to the Office.
``(b) Director.--The Office shall be headed by a Director
for Domestic Nuclear Detection, who shall be appointed by the
President.'';
(iii) by redesignating sections 1923, 1924, 1925, 1926, and
1927 as sections 1902, 1903, 1904, 1906, and 1907,
respectively, and transferring such sections to appear after
section 1901, as added by clause (ii);
(iv) in section 1902, as so redesignated--
(I) in the section heading by striking ``responsibilities''
and inserting ``mission of office''; and
(II) in subsection (a)(11), by striking ``Countering
Weapons of Mass Destruction
[[Page S3650]]
Office'' and inserting ``Domestic Nuclear Detection Office'';
(v) in section 1904(a), as so redesignated, by striking
``section 1923'' and inserting ``section 1902'';
(vi) by inserting after section 1904, as redesignated and
transferred by clause (iii), the following:
``SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.
``The authority of the Director under this title shall not
affect the authorities or responsibilities of any officer of
the Department or of any officer of any other department or
agency of the United States with respect to the command,
control, or direction of the functions, personnel, funds,
assets, and liabilities of any entity within the Department
or any Federal department or agency.'';
(vii) in section 1906, as so redesignated--
(I) by striking ``section 1923(a)'' each place it appears
and inserting ``section 1902(a)''; and
(II) in the matter preceding paragraph (1), by striking
``Assistant Secretary for the Countering Weapons of Mass
Destruction Office'' and inserting ``Director for Domestic
Nuclear Detection''; and
(viii) in section 1907, as so redesignated--
(I) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Assistant Secretary for the Countering
Weapons of Mass Destruction Office'' and inserting ``Director
of the Domestic Nuclear Detection Office''; and
(II) in subsection (c), by striking ``section 1923'' and
inserting ``section 1902''; and
(ix) by striking the heading for subtitle B and all that
follows through the end of section 1931.
(B) Title V of the Homeland Security Act of 2002 (6 U.S.C.
311 et seq.) is amended by inserting after section 515 the
following:
``SEC. 516. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the President.
``(b) Qualifications.--The individual appointed as Chief
Medical Officer shall possess a demonstrated ability in and
knowledge of medicine and public health.
``(c) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for
medical issues related to natural disasters, acts of
terrorism, and other man-made disasters, including--
``(1) serving as the principal advisor to the Secretary and
the Administrator on medical and public health issues;
``(2) coordinating the biodefense activities of the
Department;
``(3) ensuring internal and external coordination of all
medical preparedness and response activities of the
Department, including training, exercises, and equipment
support;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of
Defense, the Department of Health and Human Services, the
Department of Transportation, the Department of Veterans
Affairs, and other Federal departments or agencies, on
medical and public health issues;
``(5) serving as the Department's primary point of contact
for State, local, and tribal governments, the medical
community, and others within and outside the Department, with
respect to medical and public health matters;
``(6) discharging, in coordination with the Under Secretary
for Science and Technology, the responsibilities of the
Department related to Project Bioshield; and
``(7) performing such other duties relating to such
responsibilities as the Secretary may require.''.
(C) Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by striking section 714.
(D) Section 103(d) of the Homeland Security Act of 2002 (6
U.S.C. 113(d)) is amended--
(i) by redesignating paragraph (4) as paragraph (5); and
(ii) by inserting after paragraph (3) the following:
``(4) A Director for Domestic Nuclear Detection.''.
(E) Section 316(a) of the Homeland Security Act of 2002 (6
U.S.C. 195b(a)) is amended by striking ``, acting through the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office,''.
(F) Section 317(f) of the Homeland Security Act of 2002 (6
U.S.C. 195c(f)) is amended by striking ``the Assistant
Secretary for the Countering Weapons of Mass Destruction
Office,'' and inserting ``the Chief Medical Officer,''.
(G) Section 505(b) of the Homeland Security Act of 2002 (6
U.S.C. 315(b)) is amended--
(i) by redesignating paragraph (4) as paragraph (5);
(ii) by inserting after paragraph (3) the following:
``(4) The Office of the Chief Medical Officer.''; and
(iii) in paragraph (5), as so redesignated, by striking
``through (3)'' and inserting ``through (4)''.
(H) Section 528(a) of the Homeland Security Act of 2002 (6
U.S.C. 321q(a)) is amended by striking ``Health Affairs,''
and inserting ``the Countering Weapons of Mass Destruction
Office,''.
(I) The table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended--
(i) by inserting after the item relating to section 515 the
following:
``Sec. 516. Chief medical officer.'';
(ii) by striking the item relating to section 714; and
(iii) by striking the item relating to title XIX (including
items relating to section 1900 through section 1931) and
inserting the following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.
``Sec. 1907. Joint annual interagency review of global nuclear
detection architecture.''.
(3) This act.--Effective on the sunset date, subsections
(a) through (h) of this section, and the amendments made by
such subsections, shall have no force or effect.
(4) Transfers; abolishment.--
(A) Transfers.--The Secretary of Homeland Security shall
transfer--
(i) to the Domestic Nuclear Detection Office, all
functions, personnel, budget authority, and assets of the
Countering Weapons of Mass Destruction Office, as in
existence on the day before the sunset date, except for the
functions, personnel, budget authority, and assets that were
transferred to the Countering Weapons of Mass Destruction
Office under subsection (e)(1)(A)(i); and
(ii) to the Office of Health Affairs, the functions,
personnel, budget authority, and assets that were transferred
to the Countering Weapons of Mass Destruction Office under
subsection (e)(1)(A)(ii) or to the Directorate of Management
under subsection (e)(1)(B).
(B) Abolishment.--Upon completion of all transfers pursuant
to subparagraph (A)--
(i) the Countering Weapons of Mass Destruction Office of
the Department of Homeland Security is abolished; and
(ii) the position of Assistant Secretary for the Countering
Weapons of Mass Destruction Office is abolished.
SEC. 1118. ACTIVITIES RELATED TO INTERNATIONAL AGREEMENTS;
ACTIVITIES RELATED TO CHILDREN.
Section 708(c) of the Homeland Security Act of 2002, as so
redesignated by section 1142 of this Act, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) enter into agreements with governments of other
countries, in consultation with the Secretary of State or the
head of another agency, as appropriate, international
organizations, and international nongovernmental
organizations in order to achieve the missions of the
Department;''; and
(3) in paragraph (7), as so redesignated, by inserting ``,
including feedback from organizations representing the needs
of children,'' after ``stakeholder feedback''.
SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by section 1601 of
this Act, is amended by adding at the end the following:
``SEC. 321. CANINE DETECTION RESEARCH AND DEVELOPMENT.
``(a) In General.--In furtherance of domestic preparedness
and response, the Secretary, acting through the Under
Secretary for Science and Technology, and in consultation
with other relevant executive agencies, relevant State,
local, and tribal governments, and academic and industry
stakeholders, shall, to the extent practicable, conduct
research and development of canine detection technology to
mitigate the risk of the threats of existing and emerging
weapons of mass destruction.
``(b) Scope.--The scope of the research and development
under subsection (a) may include the following:
``(1) Canine-based sensing technologies.
``(2) Chem-Bio defense technologies.
``(3) New dimensions of olfaction biology.
``(4) Novel chemical sensing technologies.
``(5) Advances in metabolomics and volatilomics.
``(6) Advances in gene therapy, phenomics, and molecular
medicine.
``(7) Reproductive science and technology.
``(8) End user techniques, tactics, and procedures.
``(9) National security policies, standards and practices
for canine sensing technologies.
``(10) Protective technology, medicine, and treatments for
the canine detection platform.
``(11) Domestic capacity and standards development.
``(12) Emerging threat detection.
``(13) Training aids.
``(14) Genetic, behavioral, and physiological optimization
of the canine detection platform.
``(c) Coordination and Collaboration.--The Secretary,
acting through the Under Secretary for Science and
Technology, shall ensure research and development activities
are conducted in coordination and collaboration with
academia, all levels of government, and private sector
stakeholders.
[[Page S3651]]
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(b) Table of Contents Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135), as amended by this Act, is amended
by inserting after the item relating to section 320 the
following:
``Sec. 321. Canine detection research and development.''.
Subtitle B--Human Resources and Other Matters
SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C.
344) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and in line'' and inserting ``, in
line''; and
(ii) by inserting ``and informed by successful practices
within the Federal Government and the private sector,'' after
``priorities,'';
(B) in paragraph (2), by striking ``develop performance
measures to provide a basis for monitoring and evaluating''
and inserting ``develop performance measures to monitor and
evaluate on an ongoing basis,'';
(C) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before ``in
coordination'';
(D) by redesignating paragraphs (9) and (10) as paragraphs
(14) and (15), respectively;
(E) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(F) by inserting after paragraph (2) the following:
``(3) assess the need of administrative and mission support
staff across the Department, to identify and eliminate the
unnecessary use of mission-critical staff for administrative
and mission support positions;'';
(G) in paragraph (6), as so redesignated, by inserting
before the semicolon at the end the following: ``that is
informed by appropriate workforce planning initiatives''; and
(H) by inserting after paragraph (9), as so redesignated,
the following:
``(10) maintain a catalogue of available employee
development opportunities easily accessible to employees of
the Department, including departmental leadership development
programs, interagency development programs, and rotational
programs;
``(11) approve the selection and organizational placement
of each senior human capital official of each component of
the Department and participate in the periodic performance
reviews of each such senior human capital official;
``(12) assess the success of the Department and the
components of the Department regarding efforts to recruit and
retain employees in rural and remote areas, and make policy
recommendations as appropriate to the Secretary and to
Congress;
``(13) develop performance measures to monitor and evaluate
on an ongoing basis any significant contracts issued by the
Department or a component of the Department to a private
entity regarding the recruitment, hiring, or retention of
employees;''.
SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1117, is
amended by adding at the end the following:
``SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.
``(a) In General.--The Secretary shall--
``(1) not later than 180 days after the date of enactment
of this section, and not later than September 30 of each
fiscal year thereafter, issue a Department-wide employee
engagement and retention action plan to inform and execute
strategies for improving employee engagement, employee
retention, Department management and leadership, diversity
and inclusion efforts, employee morale, training and
development opportunities, and communications within the
Department, which shall reflect--
``(A) input from representatives from operational
components, headquarters, and field personnel, including
supervisory and non-supervisory personnel, and employee labor
organizations that represent employees of the Department;
``(B) employee feedback provided through annual employee
surveys, questionnaires, and other communications; and
``(C) performance measures, milestones, and objectives that
reflect the priorities and strategies of the action plan to
improve employee engagement and retention; and
``(2) require the head of each operational component of the
Department to--
``(A) develop and implement a component-specific employee
engagement and retention plan to advance the action plan
required under paragraph (1) that includes performance
measures and objectives, is informed by employee feedback
provided through annual employee surveys, questionnaires, and
other communications, as appropriate, and sets forth how
employees and, if applicable, their labor representatives are
to be integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such action
plan; and
``(C) provide to the Chief Human Capital Officer quarterly
reports on actions planned and progress made under this
paragraph.
``(b) Rule of Construction.--Nothing in this section shall
be construed to limit the ability of the departmental or
component leadership from developing innovative approaches
and strategies to employee engagement or retention not
specifically required under this section.
``(c) Repeal.--This section shall be repealed on the date
that is 5 years after the date of enactment of this
section.''.
(b) Clerical Amendment.--
(1) In general.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116
Stat. 2135), as amended by section 1117, is amended by
inserting after the item related to section 714 the
following:
``Sec. 715. Employee engagement and retention plan.''.
(2) Repeal.--The amendment made by paragraph (1) shall be
repealed on the date that is 5 years after the date of
enactment of this Act.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--Not
later than 2 years after the date of enactment of this Act,
and once 2 years thereafter, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
Department-wide employee engagement action plan required
under section 715 of the Homeland Security Act of 2002, as
added by subsection (a).
(2) Component-specific employee engagement plans.--Each
head of a component of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate the
component-specific employee engagement plan of each such
component required under section 715(a)(2) of the Homeland
Security Act of 2002 (as added by subsection (a)) not later
than 30 days after the issuance of each such plan under such
section 715(a)(2).
SEC. 1133. REPORT DISCUSSING SECRETARY'S RESPONSIBILITIES,
PRIORITIES, AND AN ACCOUNTING OF THE
DEPARTMENT'S WORK REGARDING ELECTION
INFRASTRUCTURE.
(a) In General.--The Secretary of Homeland Security shall
continue to prioritize the provision of assistance, as
appropriate and on a voluntary basis, to State and local
election officials in recognition of the importance of
election infrastructure to the United States.
(b) Reports.--Not later than 1 year after the date of
enactment of this Act, and once each year thereafter, the
Secretary of Homeland Security shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives a report detailing--
(1) the responsibilities of the Secretary of Homeland
Security for coordinating the election infrastructure
critical infrastructure subsector;
(2) the priorities of the Secretary of Homeland Security
for enhancing the security of election infrastructure over
the next 1- and 5-year periods that incorporates lessons
learned, best practices, and obstacles from the previous
year; and
(3) a summary of the election infrastructure work of the
Department with each State, unit of local government, and
tribal and territorial government, as well as with the
Government Coordinating Council and the Sector Coordinating
Council, and interaction with other Federal departments and
agencies.
(c) Form of Reports.--Each report submitted under
subsection (b) shall be unclassified, but may be accompanied
by a classified annex, if necessary.
(d) Initial Report.--The first report submitted under
subsection (b) shall examine the period beginning on January
6, 2017 through the required reporting period.
SEC. 1134. POLICY, GUIDANCE, TRAINING, AND COMMUNICATION
REGARDING LAW ENFORCEMENT PERSONNEL.
(a) In General.--The Secretary of Homeland Security (in
this section referred to as the ``Secretary'') shall conduct
an inventory and assessment of training provided to all law
enforcement personnel of the Department of Homeland Security
(referred to in this section as the ``Department''),
including use of force training, and develop and implement a
strategic plan to--
(1) enhance, modernize, and expand training and continuing
education for law enforcement personnel; and
(2) eliminate duplication and increase efficiencies in
training and continuing education programs.
(b) Factors.--In carrying out subsection (a), the Secretary
shall take into account the follow factors:
(1) The hours of training provided to law enforcement
personnel and whether such hours should be increased.
(2) The hours of continuing education provided to law
enforcement personnel, and whether such hours should be
increased.
(3) The quality of training and continuing education
programs and whether the programs are in line with current
best practices and standards.
(4) The use of technology for training and continuing
education purposes, and whether such technology should be
modernized and expanded.
(5) Reviews of training and education programs by law
enforcement personnel, and
[[Page S3652]]
whether such programs maximize their ability to carry out the
mission of their components and meet the highest standards of
professionalism and integrity.
(6) Whether there is duplicative or overlapping training
and continuing education programs, and whether such programs
can be streamlined to reduce costs and increase efficiencies.
(c) Input.--The Secretary shall work with relevant
components of the Department to take into account feedback
provided by law enforcement personnel (including
nonsupervisory personnel and employee labor organizations),
community stakeholders, the Office of Science and Technology,
and the Office for Civil Rights and Civil Liberties in
carrying out the assessment of, and developing and
implementing the strategic plan with respect to, training and
continuing education programs under subsection (a).
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Chairman and Ranking Minority Member of the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Chairman and Ranking Minority Member of the Committee on
Homeland Security of the House of Representatives an
evaluation of the assessment of, and the development and
implementation of the strategic plan with respect to,
training and continuing education programs under subsection
(a).
(e) Assessment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Chairman and Ranking Minority
Member of the Committee on Homeland Security and Governmental
Affairs of the Senate and the Chairman and Ranking Minority
Member of the Committee on Homeland Security of the House of
Representatives a report that evaluates the assessment of,
and the development and implementation of the strategic plan
with respect to, training and continuing education programs
under subsection (a).
(f) Timely Guidance, Communications, and Training Regarding
Policy Changes Affecting the Conduct of Law Enforcement and
Engagement With Members of the Public.--
(1) Definition.--In this subsection, the term ``covered
order'' means any executive order, guidance, directive, or
memorandum that changes policies regarding the conduct of law
enforcement or engagement with members of the public by law
enforcement personnel.
(2) Requirements.--The Secretary, in coordination with the
head of each affected law enforcement component of the
Department and in consultation with career executives in each
affected component, shall--
(A) as expeditiously as possible, and not later than 45
days following the effective date of any covered order--
(i) publish written documents detailing plans for the
implementation of the covered order;
(ii) develop and implement a strategy to communicate
clearly with all law enforcement personnel actively engaged
in core law enforcement activities, both in supervisory and
nonsupervisory positions, and to provide prompt responses to
questions and concerns raised by such personnel, about the
covered order; and
(iii) develop and implement a detailed plan to ensure that
all law enforcement personnel actively engaged in core law
enforcement activities are sufficiently and appropriately
trained on any new policies regarding the conduct of law
enforcement or engagement with members of the public
resulting from the covered order; and
(B) submit to the Chairman and Ranking Minority Member of
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Chairman and Ranking Minority Member of
the Committee on Homeland Security of the House of
Representatives a report--
(i) not later than 30 days after the effective date of any
covered order, that explains and provides a plan to remedy
any delay in taking action under subparagraph (A); and
(ii) not later than 60 days after the effective date of any
covered order, that describes the actions taken by the
Secretary under subparagraph (A).
SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of Internet-facing
information technology of the Department in exchange for
compensation.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Information technology.--The term ``information
technology'' has the meaning given the term in section 11101
of title 40, United States Code.
(4) Pilot program.--The term ``pilot program'' means the
bug bounty pilot program required to be established under
subsection (b)(1).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Establishment of Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, within
the Office of the Chief Information Officer, a bug bounty
pilot program to minimize vulnerabilities of Internet-facing
information technology of the Department.
(2) Requirements.--In establishing the pilot program, the
Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other Internet-facing information
technology of the Department that are accessible to the
public;
(B) award a competitive contract to an entity, as
necessary, to manage the pilot program and for executing the
remediation of vulnerabilities identified as a consequence of
the pilot program;
(C) designate mission-critical operations within the
Department that should be excluded from the pilot program;
(D) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under the pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop an expeditious process by which an approved
individual, organization, or company can register with the
entity described in subparagraph (B), submit to a background
check as determined by the Department, and receive a
determination as to eligibility for participation in the
pilot program; and
(G) engage qualified interested persons, including non-
government sector representatives, about the structure of the
pilot program as constructive and to the extent practicable.
(c) Report.--Not later than 180 days after the date on
which the pilot program is completed, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives a report on the pilot
program, which shall include--
(1) the number of approved individuals, organizations, or
companies involved in the pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(A) registered;
(B) were approved;
(C) submitted security vulnerabilities; and
(D) received compensation;
(2) the number and severity of vulnerabilities reported as
part of the pilot program;
(3) the number of previously unidentified security
vulnerabilities remediated as a result of the pilot program;
(4) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(5) the average length of time between the reporting of
security vulnerabilities and remediation of the
vulnerabilities;
(6) the types of compensation provided under the pilot
program; and
(7) the lessons learned from the pilot program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Department $250,000 for fiscal year
2018 to carry out this section.
SEC. 1136. COST SAVINGS ENHANCEMENTS.
(a) In General.--
(1) Amendment.--Subchapter II of chapter 45 of title 5,
United States Code, is amended by inserting after section
4512 the following:
``Sec. 4512A. Department of Homeland Security awards for cost
savings disclosures
``(a) In this section, the term `surplus operations and
support funds' means amounts made available for the
operations and support account, or equivalent account, of the
Department of Homeland Security, or a component thereof--
``(1) that are identified by an employee of the Department
of Homeland Security under subsection (b) as unnecessary;
``(2) that the Inspector General of the Department of
Homeland Security determines are not required for the purpose
for which the amounts were made available;
``(3) that the Chief Financial Officer of the Department of
Homeland Security determines are not required for the purpose
for which the amounts were made available; and
``(4) the rescission of which would not be detrimental to
the full execution of the purposes for which the amounts were
made available.
``(b) The Inspector General of the Department of Homeland
Security may pay a cash award to any employee of the
Department of Homeland Security whose disclosure of fraud,
waste, or mismanagement or identification of surplus
operations and support funds to the Inspector General of the
Department of Homeland Security has resulted in cost savings
for the Department of Homeland Security. The amount of an
award under this section may not exceed the lesser of--
``(1) $10,000; or
``(2) an amount equal to 1 percent of the Department of
Homeland Security's cost savings which the Inspector General
determines to be the total savings attributable to the
employee's disclosure or identification.
For purposes of paragraph (2), the Inspector General may take
into account Department of Homeland Security cost savings
projected for subsequent fiscal years which will be
attributable to such disclosure or identification.
``(c)(1) The Inspector General of the Department of
Homeland Security shall refer
[[Page S3653]]
to the Chief Financial Officer of the Department of Homeland
Security any potential surplus operations and support funds
identified by an employee that the Inspector General
determines meets the requirements under paragraphs (2) and
(4) of subsection (a), along with any recommendations of the
Inspector General.
``(2)(A) If the Chief Financial Officer of the Department
of Homeland Security determines that potential surplus
operations and support funds referred under paragraph (1)
meet the requirements under subsection (a), except as
provided in subsection (d), the Secretary of Homeland
Security shall transfer the amount of the surplus operations
and support funds from the applicable appropriations account
to the general fund of the Treasury.
``(B) Any amounts transferred under subparagraph (A) shall
be deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is
no Federal budget deficit, such amounts shall be used to
reduce the Federal debt (in such manner as the Secretary of
the Treasury considers appropriate).
``(3) The Inspector General of the Department of Homeland
Security and the Chief Financial Officer of the Department of
Homeland Security shall issue standards and definitions for
purposes of making determinations relating to potential
surplus operations and support funds identified by an
employee under this subsection.
``(d)(1) The Secretary of Homeland Security may retain not
more than 10 percent of amounts to be transferred to the
general fund of the Treasury under subsection (c)(2).
``(2) Amounts retained by the Secretary of Homeland
Security under paragraph (1) may be--
``(A) used for the purpose of paying a cash award under
subsection (b) to one or more employees who identified the
surplus operations and support funds; and
``(B) to the extent amounts remain after paying cash awards
under subsection (b), transferred or reprogrammed for use by
the Department of Homeland Security, in accordance with any
limitation on such a transfer or reprogramming under any
other provision of law.
``(e)(1) Not later than October 1 of each fiscal year, the
Secretary of Homeland Security shall submit to the Secretary
of the Treasury a report identifying the total savings
achieved during the previous fiscal year through disclosures
of possible fraud, waste, or mismanagement and
identifications of surplus operations and support funds by an
employee.
``(2) Not later than September 30 of each fiscal year, the
Secretary of Homeland Security shall submit to the Secretary
of the Treasury a report that, for the previous fiscal year--
``(A) describes each disclosure of possible fraud, waste,
or mismanagement or identification of potentially surplus
operations and support funds by an employee of the Department
of Homeland Security determined by the Department of Homeland
Security to have merit; and
``(B) provides the number and amount of cash awards by the
Department of Homeland Security under subsection (b).
``(3) The Secretary of Homeland Security shall include the
information described in paragraphs (1) and (2) in each
budget request of the Department of Homeland Security
submitted to the Office of Management and Budget as part of
the preparation of the budget of the President submitted to
Congress under section 1105(a) of title 31.
``(4) The Secretary of the Treasury shall submit to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Government Accountability Office an annual report on Federal
cost saving and awards based on the reports submitted under
paragraphs (1) and (2).
``(f) The Director of the Office of Personnel Management
shall--
``(1) ensure that the cash award program of the Department
of Homeland Security complies with this section; and
``(2) submit to Congress an annual certification indicating
whether the cash award program of the Department of Homeland
Security complies with this section.
``(g) Not later than 3 years after the date of enactment of
this section, and every 3 years thereafter, the Comptroller
General of the United States shall submit to Congress a
report on the operation of the cost savings and awards
program under this section, including any recommendations for
legislative changes.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 45 of title 5, United
States Code, is amended by inserting after the item relating
to section 4512 the following:
``4512A. Department of Homeland Security awards for cost savings
disclosures.''.
(3) Sunset.--Effective 6 years after the date of enactment
of this Act, subchapter II of chapter 45 of title 5, United
States Code, is amended--
(A) by striking section 4512A; and
(B) in the table of sections, by striking the item relating
to section 4512A.
(b) Officers Eligible for Cash Awards.--Section 4509 of
title 5, United States Code, is amended--
(1) by inserting ``(a)'' before ``No officer''; and
(2) by adding at the end the following:
``(b) The Secretary of Homeland Security may not receive a
cash award under this subchapter.''.
SEC. 1137. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.
(a) Cybersecurity Research and Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by section 1119 of
this Act, is amended by adding at the end the following:
``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and
Technology shall support the research, development, testing,
evaluation, and transition of cybersecurity technologies,
including fundamental research to improve the sharing of
information, information security, analytics, and
methodologies related to cybersecurity risks and incidents,
consistent with current law.
``(b) Activities.--The research and development supported
under subsection (a) shall serve the components of the
Department and shall--
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting and
preventing attacks or intrusions, including real-time
continuous diagnostics, real-time analytic technologies, and
full life cycle information protection;
``(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-
time containment of attacks and development of resilient
networks and information systems;
``(4) assist the development and support infrastructure and
tools to support cybersecurity research and development
efforts, including modeling, testbeds, and data sets for
assessment of new cybersecurity technologies;
``(5) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems;
``(6) assist the development and support cyber forensics
and attack attribution capabilities;
``(7) assist the development and accelerate the deployment
of full information life cycle security technologies to
enhance protection, control, and privacy of information to
detect and prevent cybersecurity risks and incidents;
``(8) assist the development and accelerate the deployment
of information security measures, in addition to perimeter-
based protections;
``(9) assist the development and accelerate the deployment
of technologies to detect improper information access by
authorized users;
``(10) assist the development and accelerate the deployment
of cryptographic technologies to protect information at rest,
in transit, and in use;
``(11) assist the development and accelerate the deployment
of methods to promote greater software assurance;
``(12) assist the development and accelerate the deployment
of tools to securely and automatically update software and
firmware in use, with limited or no necessary intervention by
users and limited impact on concurrently operating systems
and processes; and
``(13) assist in identifying and addressing unidentified or
future cybersecurity threats.
``(c) Coordination.--In carrying out this section, the
Under Secretary for Science and Technology shall coordinate
activities with--
``(1) the Director of Cybersecurity and Infrastructure
Security;
``(2) the heads of other relevant Federal departments and
agencies, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for
Science and Technology shall--
``(1) support projects carried out under this title through
the full life cycle of such projects, including research,
development, testing, evaluation, pilots, and transitions;
``(2) identify mature technologies that address existing or
imminent cybersecurity gaps in public or private information
systems and networks of information systems, protect
sensitive information within and outside networks of
information systems, identify and support necessary
improvements identified during pilot programs and testing and
evaluation activities, and introduce new cybersecurity
technologies throughout the homeland security enterprise
through partnerships and commercialization; and
``(3) target federally funded cybersecurity research that
demonstrates a high probability of successful transition to
the commercial market within 2 years and that is expected to
have a notable impact on the public or private information
systems and networks of information systems.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given the term in section 2209.
``(2) Homeland security enterprise.--The term `homeland
security enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and
other policy experts.
``(3) Incident.--The term `incident' has the meaning given
the term in section 2209.
[[Page S3654]]
``(4) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(5) Software assurance.--The term `software assurance'
means confidence that software--
``(A) is free from vulnerabilities, either intentionally
designed into the software or accidentally inserted at any
time during the life cycle of the software; and
``(B) functioning in the intended manner.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by this Act, is amended by
inserting after the item relating to section 321 the
following:
``Sec. 322. Cybersecurity research and development.''.
(b) Research and Development Projects.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``2017'' and inserting ``2022''; and
(B) in paragraph (2), by striking ``under section 845 of
the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). In applying the authorities of that
section 845, subsection (c) of that section shall apply with
respect to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary of
Defense under subsection (d) thereof'' and inserting ``under
section 2371b of title 10, United States Code, and the
Secretary shall perform the functions of the Secretary of
Defense as prescribed.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2017'' and inserting ``2022''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report detailing the projects for which the
authority granted by subsection (a) was utilized, the
rationale for such utilizations, the funds spent utilizing
such authority, the extent of cost-sharing for such projects
among Federal and non-Federal sources, the extent to which
utilization of such authority has addressed a homeland
security capability gap or threat to the homeland identified
by the Department, the total amount of payments, if any, that
were received by the Federal Government as a result of the
utilization of such authority during the period covered by
each such report, the outcome of each project for which such
authority was utilized, and the results of any audits of such
projects.'';
(3) in subsection (d), by striking ``as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)'' and
inserting ``as defined in section 2371b(e) of title 10,
United States Code.''; and
(4) by adding at the end the following:
``(e) Training.--The Secretary shall develop a training
program for acquisitions staff on the utilization of the
authority provided under subsection (a) to ensure
accountability and effective management of projects
consistent with the Program Management Improvement
Accountability Act (Public Law 114-264; 130 Stat. 1371) and
the amendments made by such Act.''.
(c) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section
and the amendments made by this section. Such requirements
shall be carried out using amounts otherwise authorized.
SEC. 1138. CYBERSECURITY TALENT EXCHANGE.
(a) Definitions.--In this section--
(1) the term ``congressional homeland security committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Cybersecurity Talent Exchange Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall commence carrying
out a cybersecurity talent exchange pilot program.
(2) Delegation.--The Secretary may delegate any authority
under this section to the Director of the Cybersecurity and
Infrastructure Security Agency of the Department.
(c) Appointment Authority.--
(1) In general.--Under regulations prescribed by the
Secretary for the purpose of carrying out the pilot program
established under subsection (b), the Secretary may, with the
agreement of a private-sector organization and the consent of
the employee, arrange for the temporary assignment of an
employee to the private-sector organization, or from the
private-sector organization to a Department organization
under this section.
(2) Eligible employees.--Employees participating in the
pilot program established under subsection (b) shall have
significant education, skills, or experience relating to
cybersecurity.
(3) Agreements.--
(A) In general.--The Secretary shall provide for a written
agreement among the Department, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the assignment of the employee under this
section, which--
(i) shall require that the employee of the Department, upon
completion of the assignment, will serve in the Department,
or elsewhere in the civil service if approved by the
Secretary, for a period equal to twice the length of the
assignment;
(ii) shall provide that if the employee of the Department
or of the private-sector organization, as the case may be,
fails to carry out the agreement, the employee shall be
liable to the United States for payment of all expenses of
the assignment, unless that failure was for good and
sufficient reason, as determined by the Secretary;
(iii) shall contain language ensuring that the employee of
the Department does not improperly use pre-decisional or
draft deliberative information that the employee may be privy
to or aware of related to Department programing, budgeting,
resourcing, acquisition, or procurement for the benefit or
advantage of the private-sector organization; and
(iv) shall cover matters relating to confidentiality,
intellectual property rights, and such other matters as the
Secretary considers appropriate.
(B) Liability.--An amount for which an employee is liable
under subparagraph (A)(ii) shall be treated as a debt due the
United States.
(C) Waiver.--The Secretary may waive, in whole or in part,
collection of a debt described in subparagraph (B) based on a
determination that the collection would be against equity and
good conscience and not in the best interests of the United
States, after taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(4) Termination.--An assignment under this subsection may,
at any time and for any reason, be terminated by the
Department or the private-sector organization concerned.
(5) Duration.--
(A) In general.--Except as provided in subparagraph (B), an
assignment under this subsection shall be for a period of not
less than 3 months and not more than 2 years, and renewable
up to a total of 4 years.
(B) Exception.--An assignment under this subsection may be
for a period in excess of 2 years, but not more than 4 years,
if the Secretary determines that the assignment is necessary
to meet critical mission or program requirements.
(C) Limitation.--No employee of the Department may be
assigned under this subsection for more than a total of 4
years inclusive of all assignments.
(6) Status of federal employees assigned to private-sector
organizations.--
(A) In general.--An employee of the Department who is
assigned to a private-sector organization under this
subsection shall be considered, during the period of
assignment, to be on detail to a regular work assignment in
the Department for all purposes.
(B) Written agreement.--The written agreement established
under paragraph (3) shall address the specific terms and
conditions related to the continued status of the employee as
a Federal employee.
(C) Certification.--In establishing a temporary assignment
of an employee of the Department to a private-sector
organization, the Secretary shall--
(i) ensure that the normal duties and functions of the
employee can be reasonably performed by other employees of
the Department without the transfer or reassignment of other
personnel of the Department; and
(ii) certify that the temporary assignment of the employee
shall not have an adverse or negative impact on
organizational capabilities associated with the assignment.
(7) Terms and conditions for private-sector employees.--An
employee of a private-sector organization who is assigned to
a Department organization under this subsection--
(A) shall continue to receive pay and benefits from the
private-sector organization from which the employee is
assigned and shall not receive pay or benefits from the
Department, except as provided in subparagraph (B);
(B) is deemed to be an employee of the Department for the
purposes of--
(i) chapters 73 and 81 of title 5, United States Code;
(ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(iii) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(iv) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(v) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(vi) chapter 21 of title 41, United States Code;
(C) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to
the private-sector organization from which the employee is
assigned;
(D) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary; and
[[Page S3655]]
(E) may not be used to circumvent any limitation or
restriction on the size of the workforce of the Department.
(8) Prohibition against charging certain costs to the
federal government.--A private-sector organization may not
charge the Department or any other agency of the Federal
Government, as direct or indirect costs under a Federal
contract, the costs of pay or benefits paid by the
organization to an employee assigned to a Department
organization under this subsection for the period of the
assignment.
(9) Expenses.--
(A) In general.--The Secretary may pay for travel and other
work-related expenses associated with individuals
participating in the pilot program established under
subsection (b). The Secretary shall not pay for lodging or
per diem expenses for employees of a private sector
organization, unless such expenses are in furtherance of
work-related travel other than participating in the pilot
program.
(B) Background investigation.--A private person supporting
an individual participating in the pilot program may pay for
a background investigation associated with the participation
of the individual in the pilot program.
(10) Maximum number of participants.--Not more than 250
individuals may concurrently participate in the pilot program
established under subsection (b).
(d) Detailing of Participants.--With the consent of an
individual participating in the pilot program established
under subsection (b), the Secretary may, under the pilot
program, detail the individual to another Federal department
or agency.
(e) Sunset.--The pilot program established under subsection
(b) shall terminate on the date that is 7 years after the
date of enactment of this Act.
(f) Reports.--
(1) Preliminary report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the congressional homeland security committees a preliminary
report describing the implementation of the pilot program
established under subsection (b), including the number of
participating employees from the Department and from private
sector organizations, the departmental missions or programs
carried out by employees participating in the pilot program,
and recommendations to maximize efficiencies and the
effectiveness of the pilot program in order to support
Department cybersecurity missions and objectives.
(2) Final report.--Not later than 6 years after the date of
enactment of this Act, the Secretary shall submit to the
congressional homeland security committees a final report
describing the implementation of the pilot program
established under subsection (b), including the number of
participating employees from the Department and from private
sector organizations, the departmental missions or programs
carried out by employees participating in the pilot program,
and providing a recommendation on whether the pilot program
should be made permanent.
Subtitle C--Other Matters
SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
Paragraph (2) of section 431(c) of the Tariff Act of 1930
(19 U.S.C. 1431(c)) is amended to read as follows:
``(2)(A) The information listed in paragraph (1) shall not
be available for public disclosure if--
``(i) the Secretary of the Treasury makes an affirmative
finding on a shipment-by-shipment basis that disclosure is
likely to pose a threat of personal injury or property
damage; or
``(ii) the information is exempt under the provisions of
section 552(b)(1) of title 5, United States Code.
``(B) The Commissioner of U.S. Customs and Border
Protection shall ensure that any personally identifiable
information, including social security numbers, passport
numbers, and residential addresses, is removed from any
manifest signed, produced, delivered, or transmitted under
this section before the manifest is disclosed to the
public.''.
SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Repeal of Director of Shared Services and Office of
Counternarcotics Enforcement of Department of Homeland
Security.--
(1) Abolishment of director of shared services.--
(A) Abolishment.--The position of Director of Shared
Services of the Department of Homeland Security is abolished.
(B) Conforming amendment.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended by striking section
475 (6 U.S.C. 295).
(C) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 475.
(2) Abolishment of the office of counternarcotics
enforcement.--
(A) Abolishment.--The Office of Counternarcotics
Enforcement is abolished.
(B) Conforming amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(i) in subparagraph (B) of section 843(b)(1) (6 U.S.C.
413(b)(1)), by striking ``by--'' and all that follows through
the end of that subparagraph and inserting ``by the
Secretary; and''; and
(ii) by striking section 878 (6 U.S.C. 458).
(C) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 878.
(b) Other Technical and Conforming Amendments.--
(1) Title i.--Section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), as amended by this Act, is further
amended--
(A) in subsection (a)(1)(E), by striking ``the Bureau of''
and inserting ``United States''; and
(B) in subsection (d)(4), as redesignated by section
1117(f), by striking ``section 708'' and inserting ``section
707''.
(2) Title vii.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended--
(A) in subsection (c) of section 702 (6 U.S.C. 342), as
redesignated by section 1103, strike paragraph (4);
(B) by striking section 706 (6 U.S.C. 346);
(C) by redesignating sections 707, 708, and 709 as sections
706, 707, and 708, respectively; and
(D) in section 708(c)(3), as so redesignated, by striking
``section 707'' and inserting ``section 706''.
(3) Title viii.--Title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended--
(A) by striking section 857 (6 U.S.C. 427);
(B) by redesignating section 858 as section 857; and
(C) by striking section 881 (6 U.S.C. 461).
(4) Title xvi.--Section 1611(d)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 563(d)(1)) is amended by striking
``section 707'' and inserting ``section 706''.
(5) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended--
(A) by striking the items relating to sections 706 through
709 and inserting the following:
``Sec. 706. Quadrennial homeland security review.
``Sec. 707. Joint task forces.
``Sec. 708. Office of Strategy, Policy, and Plans.'';
(B) by striking the items relating to sections 857 and 858
and inserting the following:
``Sec. 857. Identification of new entrants into the Federal
marketplace.''; and
(C) by striking the item relating to section 881.
TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY
AND EFFICIENCY
SEC. 1201. DEFINITIONS.
(a) In General.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (14) through (20) as
paragraphs (28) through (34), respectively;
(2) by redesignating paragraph (13) as paragraph (26);
(3) by redesignating paragraphs (9) through (12) as
paragraphs (21) through (24), respectively;
(4) by redesignating paragraphs (4) through (8) as
paragraphs (15) through (19), respectively;
(5) by redesignating paragraphs (1), (2), and (3) as
paragraphs (7), (8), and (9), respectively;
(6) by inserting before paragraph (7), as so redesignated,
the following:
``(1) The term `acquisition' has the meaning given the term
in section 131 of title 41, United States Code.
``(2) The term `acquisition decision authority' means the
authority held by the Secretary, acting through the Under
Secretary for Management, to--
``(A) ensure compliance with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives;
``(B) review, including approving, pausing, modifying, or
canceling, an acquisition throughout the life cycle of the
acquisition;
``(C) ensure that acquisition program managers have the
resources necessary to successfully execute an approved
acquisition program;
``(D) ensure good acquisition program management of cost,
schedule, risk, and system performance of the acquisition
program at issue, including assessing acquisition program
baseline breaches and directing any corrective action for
those breaches; and
``(E) ensure that acquisition program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess risks
to an acquisition program at all phases of the life cycle of
the acquisition program to avoid and mitigate acquisition
program baseline breaches.
``(3) The term `acquisition decision event' means, with
respect to an acquisition program, a predetermined point
within each of the acquisition phases at which the person
exercising the acquisition decision authority determines
whether the acquisition program shall proceed to the next
phase.
``(4) The term `acquisition decision memorandum' means,
with respect to an acquisition, the official acquisition
decision event record that includes a documented record of
decisions and assigned actions for the acquisition, as
determined by the person exercising acquisition decision
authority for the acquisition.
[[Page S3656]]
``(5) The term `acquisition program' means the totality of
activities directed to accomplish specific goals and
objectives, which may--
``(A) provide new or improved capabilities in response to
approved requirements or sustain existing capabilities; and
``(B) have multiple projects to obtain specific capability
requirements or capital assets.
``(6) The term `acquisition program baseline', with respect
to an acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in standard,
measurable, quantitative terms, which must be met in order to
accomplish the goals of the program.'';
(7) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `best practices', with respect to
acquisition, means a knowledge-based approach to capability
development that includes, at a minimum--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most appropriate
solution;
``(C) establishing requirements;
``(D) developing cost estimates and schedules that consider
the work necessary to develop, plan, support, and install a
program or solution;
``(E) identifying sources of funding that match resources
to requirements;
``(F) demonstrating technology, design, and manufacturing
maturity;
``(G) using milestones and exit criteria or specific
accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes with
known success across programs;
``(I) ensuring an adequate, well-trained, and diverse
workforce that is qualified and sufficient in number to
perform necessary functions;
``(J) developing innovative, effective, and efficient
processes and strategies;
``(K) integrating risk management and mitigation techniques
for national security considerations; and
``(L) integrating the capabilities described in
subparagraphs (A) through (K) into the mission and business
operations of the Department.
``(11) The term `breach' means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(12) The term `congressional homeland security
committees' means--
``(A) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.
``(13) The term `Component Acquisition Executive' means the
senior acquisition official within a component who is
designated in writing by the Under Secretary for Management,
in consultation with the component head, with authority and
responsibility for leading a process and staff to provide
acquisition and program management oversight, policy, and
guidance to ensure that statutory, regulatory, and higher
level policy requirements are fulfilled, including compliance
with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by
the Under Secretary for Management.
``(14) The term `cost-type contract' means a contract
that--
``(A) provides for payment of allowable incurred costs, to
the extent prescribed in the contract; and
``(B) establishes an estimate of total cost for the purpose
of obligating funds and establishing a ceiling that the
contractor may not exceed, except at the risk of the
contractor, without the approval of the contracting
officer.'';
(8) by inserting after paragraph (19), as so redesignated,
the following:
``(20) The term `fixed-price contract' means a contract
that provides for a firm price or, in appropriate cases, an
adjustable price.'';
(9) by inserting after paragraph (24), as so redesignated,
the following:
``(25) The term `life cycle cost' means the total cost of
an acquisition, including all relevant costs related to
acquiring, owning, operating, maintaining, and disposing of
the system, project, service, or product over a specified
period of time.''; and
(10) by inserting after paragraph (26), as so redesignated,
the following:
``(27) The term `major acquisition program' means a
Department acquisition program that is estimated by the
Secretary or a designee of the Secretary to require an
eventual total expenditure of not less than $300,000,000
(based on fiscal year 2017 constant dollars) over the life
cycle cost of the program.''.
(b) Technical and Conforming Amendment.--Paragraph (14) of
section 501 of the Homeland Security Act of 2002 (6 U.S.C.
311), as amended by section 1451, is amended by striking
``section 2(13)(B)'' and inserting ``section 2(26)(B)''.
Subtitle A--Acquisition Authorities
SEC. 1211. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR
MANAGEMENT OF THE DEPARTMENT OF HOMELAND
SECURITY.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341) is amended--
(1) in subsection (a)(2), by inserting ``and acquisition
management'' after ``Procurement'';
(2) by redesignating subsection (d), the first subsection
(e) (relating to the system for award management
consultation), and the second subsection (e) (relating to the
definition of interoperable communications) as subsections
(e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding subsection (a) of
section 1702 of title 41, United States Code, the Under
Secretary for Management--
``(A) is the Chief Acquisition Officer of the Department;
``(B) shall have the authorities and perform the functions
specified in subsection (b) of such section; and
``(C) shall perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of
title 41, United States Code, the functions and
responsibilities of the Under Secretary for Management
related to acquisition include the following:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account risks of failure
to achieve cost, schedule, or performance parameters, to
ensure that the Department achieves the mission of the
Department through the adoption of widely accepted program
management best practices and standards and, where
appropriate, acquisition innovation best practices.
``(B) Leading the acquisition oversight body of the
Department, the Acquisition Review Board, and exercising the
acquisition decision authority to approve, pause, modify,
including the rescission of approvals of program milestones,
or cancel major acquisition programs, unless the Under
Secretary delegates that authority to a Component Acquisition
Executive pursuant to paragraph (3).
``(C) Establishing policies for acquisition that implement
an approach that takes into account risks of failure to
achieve cost, schedule, or performance parameters that all
components of the Department shall comply with, including
outlining relevant authorities for program managers to
effectively manage acquisition programs.
``(D) Ensuring that each major acquisition program has a
Department-approved acquisition program baseline pursuant to
the acquisition management policy of the Department.
``(E) Ensuring that the heads of components and Component
Acquisition Executives comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives.
``(F) Providing additional scrutiny and oversight for an
acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that is important to
departmental strategic and performance plans;
``(ii) the acquisition is for a program with significant
program or policy implications; and
``(iii) the Secretary determines that the scrutiny and
oversight for the acquisition is proper and necessary.
``(G) Ensuring that grants and financial assistance are
provided only to individuals and organizations that are not
suspended or debarred.
``(H) Distributing guidance throughout the Department to
ensure that contractors involved in acquisitions,
particularly contractors that access the information systems
and technologies of the Department, adhere to relevant
Department policies related to physical and information
security as identified by the Under Secretary for Management.
``(I) Overseeing the Component Acquisition Executive
organizational structure to ensure Component Acquisition
Executives have sufficient capabilities and comply with
Department acquisition policies.
``(J) Ensuring acquisition decision memoranda adequately
document decisions made at acquisition decision events,
including the rationale for decisions made to allow programs
to deviate from the requirement to obtain approval by the
Department for certain documents at acquisition decision
events.
``(3) Delegation of acquisition decision authority.--
``(A) Level 3 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority in
writing to the relevant Component Acquisition Executive for
an acquisition program that has a life cycle cost estimate of
less than $300,000,000.
``(B) Level 2 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority in
writing to the relevant Component Acquisition Executive for a
major acquisition program that has a life cycle cost estimate
of not less than $300,000,000 but not more than
$1,000,000,000 if all of the following requirements are met:
``(i) The component concerned possesses working policies,
processes, and procedures that are consistent with
Department-level acquisition policy.
``(ii) The Component Acquisition Executive concerned has a
well-trained and experienced workforce, commensurate with the
size of the acquisition program and related activities
delegated to the Component Acquisition Executive by the Under
Secretary for Management.
``(iii) Each major acquisition concerned has written
documentation showing that the
[[Page S3657]]
acquisition has a Department-approved acquisition program
baseline and the acquisition is meeting agreed-upon cost,
schedule, and performance thresholds.
``(4) Relationship to under secretary for science and
technology.--
``(A) In general.--Nothing in this subsection shall
diminish the authority granted to the Under Secretary for
Science and Technology under this Act. The Under Secretary
for Management and the Under Secretary for Science and
Technology shall cooperate in matters related to the
coordination of acquisitions across the Department so that
investments of the Directorate of Science and Technology are
able to support current and future requirements of the
components of the Department.
``(B) Testing and evaluation acquisition support.--The
Under Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant component
heads, that all relevant acquisition programs--
``(I) complete reviews of operational requirements to
ensure the requirements are measurable, testable, and
achievable within the constraints of cost and schedule;
``(II) integrate applicable standards into development
specifications;
``(III) complete systems engineering reviews and technical
assessments during development to inform production and
deployment decisions;
``(IV) complete independent testing and evaluation of
technologies and systems;
``(V) use independent verification and validation of
operational testing and evaluation implementation and
results; and
``(VI) document whether such programs meet all performance
requirements included in their acquisition program baselines;
``(ii) ensure that such operational testing and evaluation
includes all system components and incorporates operators
into the testing to ensure that systems perform as intended
in the appropriate operational setting; and
``(iii) determine if testing conducted by other Federal
agencies and private entities is relevant and sufficient in
determining whether systems perform as intended in the
operational setting.''.
SEC. 1212. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 702(a) of the Homeland Security Act of 2002 (6
U.S.C. 342(a)) is amended--
(1) by striking ``The Chief'' and inserting the following:
``(1) Functions.--The Chief''; and
(2) by adding at the end the following:
``(2) Acquisition authorities.--The Chief Financial
Officer, in coordination with the Under Secretary for
Management, shall oversee the costs of acquisition programs
and related activities to ensure that actual and planned
costs are in accordance with budget estimates and are
affordable, or can be adequately funded, over the life cycle
of such programs and activities.''.
SEC. 1213. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C.
343), as amended by section 1104, is amended by adding at the
end the following:
``(d) Acquisition Responsibilities.--The acquisition
responsibilities of the Chief Information Officer shall
include--
``(1) overseeing the management of the Homeland Security
Enterprise Architecture and ensuring that, before each
acquisition decision event, approved information technology
acquisitions comply with departmental information technology
management processes, technical requirements, and the
Homeland Security Enterprise Architecture, and in any case in
which information technology acquisitions do not comply with
the management directives of the Department, making
recommendations to the Acquisition Review Board regarding
that noncompliance; and
``(2) being responsible for--
``(A) providing recommendations to the Acquisition Review
Board regarding information technology programs; and
``(B) developing information technology acquisition
strategic guidance.''.
SEC. 1214. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY
AND RISK MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.), as amended by section 1132, is
amended by adding at the end the following:
``SEC. 716. ACQUISITION AUTHORITIES FOR PROGRAM
ACCOUNTABILITY AND RISK MANAGEMENT.
``(a) Establishment of Office.--There is in the Management
Directorate of the Department an office to be known as
`Program Accountability and Risk Management', which shall--
``(1) provide accountability, standardization, and
transparency of major acquisition programs of the Department;
and
``(2) serve as the central oversight function for all
Department acquisition programs.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management shall be led by an
Executive Director to oversee the requirement under
subsection (a), who shall report directly to the Under
Secretary for Management, serve as the executive secretary
for the Acquisition Review Board, and carry out the following
responsibilities:
``(1) Monitor the performance of Department acquisition
programs between acquisition decision events to identify
problems with cost, performance, or schedule that components
may need to address to prevent cost overruns, performance
issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the acquisition programs and related activities of the
Department.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy,
procedures, and guidance with a priority on ensuring the data
the office collects and maintains from Department components
is accurate and reliable.
``(4) Coordinate the acquisition life cycle review process
for the Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing lines of authority,
accountability, and responsibility for acquisition decision
making within the Department.
``(6) Support the Chief Procurement Officer in developing
strategies and specific plans for hiring, training, and
professional development in order to improve the acquisition
workforce of the Department.
``(7) In consultation with Component Acquisition
Executives--
``(A) develop standards for the designation of key
acquisition positions with major acquisition program
management offices and on the Component Acquisition Executive
support staff; and
``(B) provide requirements and support to the Chief
Procurement Officer in the planning, development, and
maintenance of the Acquisition Career Management Program of
the Department.
``(8) In the event that a certification or action of an
acquisition program manager needs review for purposes of
promotion or removal, provide input, in consultation with the
relevant Component Acquisition Executive, into the
performance evaluation of the relevant acquisition program
manager and report positive or negative experiences to the
relevant certifying authority.
``(9) Provide technical support and assistance to
Department acquisition programs and acquisition personnel and
coordinate with the Chief Procurement Officer on workforce
training and development activities.
``(c) Responsibilities of Components.--Each head of a
component shall--
``(1) comply with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management; and
``(2) for each major acquisition program--
``(A) define baseline requirements and document changes to
such requirements, as appropriate;
``(B) develop a life cycle cost estimate that is consistent
with best practices identified by the Comptroller General of
the United States and establish a complete life cycle cost
estimate with supporting documentation, including an
acquisition program baseline;
``(C) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(D) complete a cost-benefit analysis with supporting
documentation;
``(E) develop and maintain a schedule that is consistent
with scheduling best practices as identified by the
Comptroller General of the United States, including, in
appropriate cases, an integrated master schedule; and
``(F) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.
``SEC. 717. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management,
shall require the head of a relevant component or office to--
``(1) maintain acquisition documentation that is complete,
accurate, timely, and valid, and that includes, at a
minimum--
``(A) operational requirements that are validated
consistent with departmental policy and changes to those
requirements, as appropriate;
``(B) a complete life cycle cost estimate with supporting
documentation;
``(C) verification of the life cycle cost estimate against
independent cost estimates, and reconciliation of any
differences;
``(D) a cost-benefit analysis with supporting
documentation; and
``(E) a schedule, including, as appropriate, an integrated
master schedule;
``(2) prepare cost estimates and schedules for major
acquisition programs under subparagraphs (B) and (E) of
paragraph (1) in a manner consistent with best practices as
identified by the Comptroller General of the United States;
and
``(3) submit certain acquisition documentation to the
Secretary to produce a semi-annual Acquisition Program Health
Assessment of departmental acquisitions for submission to
Congress.
``(b) Waiver.--The Secretary may waive the requirement
under subsection (a)(3) on a case-by-case basis with respect
to any major acquisition program under this section for a
fiscal year if--
``(1) the major acquisition program has not--
``(A) entered the full rate production phase in the
acquisition life cycle;
[[Page S3658]]
``(B) had a reasonable cost estimate established; and
``(C) had a system configuration defined fully; or
``(2) the major acquisition program does not meet the
definition of capital asset, as defined by the Director of
the Office of Management and Budget.
``(c) Congressional Oversight.--At the same time the budget
of the President is submitted for a fiscal year under section
1105(a) of title 31, United States Code, the Secretary shall
make information available, as applicable, to the
congressional homeland security committees regarding the
requirement described in subsection (a) in the prior fiscal
year that includes, with respect to each major acquisition
program for which the Secretary has issued a waiver under
subsection (b)--
``(1) the grounds for granting a waiver for the program;
``(2) the projected cost of the program;
``(3) the proportion of the annual acquisition budget of
each component or office attributed to the program, as
available; and
``(4) information on the significance of the program with
respect to the operations and the execution of the mission of
each component or office described in paragraph (3).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1132, is amended by inserting after the item relating to
section 715 the following:
``Sec. 716. Acquisition authorities for Program Accountability and Risk
Management.
``Sec. 717. Acquisition documentation.''.
SEC. 1215. ACQUISITION INNOVATION.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) as amended by section 1214, is
amended by adding at the end the following:
``SEC. 718. ACQUISITION INNOVATION.
``The Under Secretary for Management shall--
``(1) encourage each of the officers under the direction of
the Under Secretary for Management to promote innovation and
shall designate an individual to promote innovation;
``(2) establish an acquisition innovation lab or similar
mechanism to improve the acquisition programs, acquisition
workforce training, and existing practices of the Department
through methods identified in this section;
``(3) test emerging and established acquisition best
practices for carrying out acquisitions, consistent with
applicable laws, regulations, and Department directives, as
appropriate;
``(4) develop and distribute best practices and lessons
learned regarding acquisition innovation throughout the
Department;
``(5) establish metrics to measure the effectiveness of
acquisition innovation efforts with respect to cost,
operational efficiency of the acquisition program, including
timeframes for executing contracts, and collaboration with
the private sector, including small- and medium-sized
businesses; and
``(6) determine impacts of acquisition innovation efforts
on the private sector by--
``(A) engaging with the private sector, including small-
and medium-sized businesses, to provide information and
obtain feedback on procurement practices and acquisition
innovation efforts of the Department;
``(B) obtaining feedback from the private sector on the
impact of acquisition innovation efforts of the Department;
and
``(C) incorporating the feedback described in subparagraphs
(A) and (B), as appropriate, into future acquisition
innovation efforts of the Department.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1214, is amended by inserting after the item relating to
section 717 the following:
``Sec. 718. Acquisition innovation.''.
(c) Information.--
(1) Definitions.--In this subsection--
(A) the term ``congressional homeland security committees''
means--
(i) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate; and
(B) the term ``Department'' means the Department of
Homeland Security.
(2) Requirement.--Not later than 90 days after the date on
which the Secretary of Homeland Security submits the annual
budget justification for the Department for fiscal year 2020
and every fiscal year thereafter through fiscal year 2025,
the officers under the director of the Under Secretary for
Management of the Department shall provide a briefing to the
congressional homeland security committees on the activities
undertaken in the previous fiscal year in furtherance of
section 718 of the Homeland Security Act of 2002, as added by
subsection (a), which shall include:
(A) Emerging and existing acquisition best practices that
were tested within the Department during that fiscal year.
(B) Efforts to distribute best practices and lessons
learned within the Department, including through web-based
seminars, training, and forums, during that fiscal year.
(C) Metrics captured by the Department and aggregate
performance information for innovation efforts.
(D) Performance as measured by the metrics established
under paragraph (5) of such section 718.
(E) Outcomes of efforts to distribute best practices and
lessons learned within the Department, including through web-
based seminars, training, and forums.
(F) A description of outreach and engagement efforts with
the private sector and any impacts of innovative acquisition
mechanisms on the private sector, including small- and
medium-sized businesses.
(G) The criteria used to identify specific acquisition
programs or activities to be included in acquisition
innovation efforts and the outcomes of those programs or
activities.
(H) Recommendations, as necessary, to enhance acquisition
innovation in the Department.
Subtitle B--Acquisition Program Management Discipline
SEC. 1221. ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following:
``SEC. 836. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an
Acquisition Review Board (in this section referred to as the
`Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review major acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--
``(1) Chairperson.--The Under Secretary for Management
shall serve as chairperson of the Board.
``(2) Other members.--The Secretary shall ensure
participation by other relevant Department officials.
``(c) Meetings.--
``(1) Regular meetings.--The Board shall meet regularly for
purposes of ensuring all acquisition programs proceed in a
timely fashion to achieve mission readiness.
``(2) Other meetings.--The Board shall convene--
``(A) at the discretion of the Secretary; and
``(B) at any time--
``(i) a major acquisition program--
``(I) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(II) is in breach of the approved acquisition program
baseline of the major acquisition program; or
``(III) requires additional review, as determined by the
Under Secretary for Management; or
``(ii) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board
are as follows:
``(1) Determine whether a proposed acquisition program has
met the requirements of phases of the acquisition life cycle
framework and is able to proceed to the next phase and
eventual full production and deployment.
``(2) Oversee whether the business strategy, resources,
management, and accountability of a proposed acquisition are
executable and are aligned to strategic initiatives.
``(3) Support the person with acquisition decision
authority for an acquisition program in determining the
appropriate direction for the acquisition at key acquisition
decision events.
``(4) Conduct reviews of acquisitions to ensure that the
acquisitions are progressing in compliance with the approved
documents for their current acquisition phases.
``(5) Review the acquisition program documents of each
major acquisition program, including the acquisition program
baseline and documentation reflecting consideration of
tradeoffs among cost, schedule, and performance objectives,
to ensure the reliability of underlying data.
``(6) Ensure that practices are adopted and implemented to
require consideration of tradeoffs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event,
including, at a minimum, the following practices:
``(A) Department officials responsible for acquisition,
budget, and cost estimating functions are provided with the
appropriate opportunity to develop estimates and raise cost
and schedule matters before performance objectives are
established for capabilities when feasible.
``(B) Full consideration is given to possible trade-offs
among cost, schedule, and performance objectives for each
alternative.
``(e) Acquisition Program Baseline Report Requirement.--If
the person exercising acquisition decision authority over a
major acquisition program approves the major acquisition
program to proceed before the major acquisition program has a
Department-approved acquisition program baseline, as required
by Department policy--
``(1) the Under Secretary for Management shall create and
approve an acquisition program baseline report regarding such
approval; and
``(2) the Secretary shall--
``(A) not later than 7 days after the date on which the
acquisition decision memorandum
[[Page S3659]]
is signed, provide written notice of the decision to the
appropriate committees of Congress; and
``(B) not later than 60 days after the date on which the
acquisition decision memorandum is signed, provide the
memorandum and a briefing to the appropriate committees of
Congress.
``(f) Report.--Not later than 1 year after the date of
enactment of this section and every year thereafter through
fiscal year 2022, the Under Secretary for Management shall
provide information to the appropriate committees of Congress
on the activities of the Board for the prior fiscal year that
includes information relating to--
``(1) for each meeting of the Board, any acquisition
decision memoranda;
``(2) the results of the systematic reviews conducted under
subsection (d)(4);
``(3) the results of acquisition document reviews required
under subsection (d)(5); and
``(4) activities to ensure that practices are adopted and
implemented throughout the Department under subsection
(d)(6).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 835 the following:
``Sec. 836. Acquisition Review Board.''.
SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS.
``(a) Department Leadership Councils.--
``(1) Establishment.--The Secretary may establish
Department leadership councils as the Secretary determines
necessary to ensure coordination and improve programs and
activities of the Department.
``(2) Function.--A Department leadership council shall--
``(A) serve as a coordinating forum;
``(B) advise the Secretary and Deputy Secretary on
Department strategy, operations, and guidance;
``(C) establish policies to reduce duplication in
acquisition programs; and
``(D) consider and report on such other matters as the
Secretary or Deputy Secretary may direct.
``(3) Relationship to other forums.--The Secretary or
Deputy Secretary may delegate the authority to direct the
implementation of any decision or guidance resulting from the
action of a Department leadership council to any office,
component, coordinator, or other senior official of the
Department.
``(b) Joint Requirements Council.--
``(1) Definition of joint requirement.--In this subsection,
the term `joint requirement' means a condition or capability
of multiple operating components of the Department that is
required to be met or possessed by a system, product,
service, result, or component to satisfy a contract,
standard, specification, or other formally imposed document.
``(2) Establishment.--The Secretary shall establish within
the Department a Joint Requirements Council.
``(3) Mission.--In addition to other matters assigned to
the Joint Requirements Council by the Secretary and Deputy
Secretary, the Joint Requirements Council shall--
``(A) identify, assess, and validate joint requirements,
including existing systems and associated capability gaps, to
meet mission needs of the Department;
``(B) ensure that appropriate efficiencies are made among
life cycle cost, schedule, and performance objectives, and
procurement quantity objectives, in the establishment and
approval of joint requirements; and
``(C) make prioritized capability recommendations for the
joint requirements validated under subparagraph (A) to the
Secretary, the Deputy Secretary, or the chairperson of a
Department leadership council designated by the Secretary to
review decisions of the Joint Requirements Council.
``(4) Chairperson.--The Secretary shall appoint a
chairperson of the Joint Requirements Council, for a term of
not more than 2 years, from among senior officials of the
Department as designated by the Secretary.
``(5) Composition.--The Joint Requirements Council shall be
composed of senior officials representing components of the
Department and other senior officials as designated by the
Secretary.
``(6) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with the recommendations of the Joint Requirements
Council required under paragraph (3)(C), as affirmed by the
Secretary, the Deputy Secretary, or the chairperson of a
Department leadership council designated by the Secretary
under that paragraph.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 890A the following:
``Sec. 890B. Department leadership councils.''.
SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS.
Not later than 5 days after the date on which the Chief
Procurement Officer or Chief Financial Officer of the
Department of Homeland Security issues a waiver of the
requirement that an agency not engage in business with a
contractor or other recipient of funds listed in the System
for Award Management, or a successor system, as maintained by
the General Services Administration, the Office of
Legislative Affairs of the Department of Homeland Security
shall submit to Congress notice of such waiver and an
explanation for a finding by the Under Secretary for
Management that a compelling reason exists for issuing the
waiver.
SEC. 1224. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND
DEBARMENT.
The Inspector General of the Department of Homeland
Security shall--
(1) conduct audits as determined necessary by the Inspector
General regarding grant and procurement awards to identify
instances in which a contract or grant was improperly awarded
to a suspended or debarred entity and whether corrective
actions were taken to prevent recurrence; and
(2) review the suspension and debarment program throughout
the Department of Homeland Security to assess whether
suspension and debarment criteria are consistently applied
throughout the Department of Homeland Security and whether
disparities exist in the application of such criteria,
particularly with respect to business size and categories.
SEC. 1225. SUSPENSION AND DEBARMENT PROGRAM AND PAST
PERFORMANCE.
(a) Definitions.--In this section--
(1) the term ``congressional homeland security committees''
has the meaning given the term in section 2 of the Homeland
Security Act of 2002, as amended by this Act;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Establishment.--
(1) In general.--The Secretary shall establish a suspension
and debarment program that ensures the Department and each of
the components of the Department comply with the laws,
regulations, and guidance related to the suspension,
debarment, and ineligibility of contractors.
(2) Requirements.--The program required to be established
under paragraph (1) shall include policies and processes
for--
(A) tracking, reviewing, and documenting suspension and
debarment decisions, including those related to poor
performance, fraud, national security considerations, and
other criteria determined appropriate by the Secretary;
(B) ensuring consideration of and referral for suspension,
debarment, or other necessary actions that protect the
interests of the Federal Government;
(C) managing and sharing relevant documents and information
on contractors for use across the Department;
(D) requiring timely reporting into departmental and
Government-wide databases by the suspension and debarment
officials of contractor suspensions, debarments, or
determinations of ineligibility, or other relevant
information; and
(E) issuing guidance to implement these policies and for
the timely implementation of agreed upon recommendations from
the Inspector General of the Department or the Comptroller
General of the United States.
(3) Additional requirements.--The program required to be
established under subsection (b)(1) shall--
(A) require that any referral made by a contracting
official for consideration of actions to protect the
interests of the Federal Government be evaluated by the
Suspension and Debarment Official in writing in accordance
with applicable regulations; and
(B) develop and require training for all contracting
officials of the Department on the causes for suspension and
debarment and complying with departmental and Government-wide
policies and processes.
(c) Past Performance Review.--
(1) In general.--The Chief Procurement Officer of the
Department shall require for any solicitation for a
competitive contract by a component of the Department that
the head of contracting activity for the component shall
include past performance as an evaluation factor in the
solicitation, consistent with applicable laws and regulations
and policies established by the Chief Procurement Officer.
(2) Requirements.--In carrying out the requirements of
paragraph (1), the Chief Procurement Officer shall establish
departmental policies and procedures, consistent with
applicable laws and regulations, to assess the past
performance of contractors and relevant subcontractors
(including contracts performed at the State or local level)
as part of the source selection process.
(3) Waivers.--
(A) In general.--The Chief Procurement Officer of the
Department may waive a requirement under paragraph (1) with
respect to a solicitation if the Chief Procurement Officer
determines that the waiver is in the best interest of the
Government.
(B) Notification.--Not later than 30 days after the date on
which the Chief Procurement Officer issues a waiver under
subparagraph (A), the Secretary shall submit to the
congressional homeland security committees written notice of
the waiver, which shall include a description of the reasons
for the waiver.
[[Page S3660]]
Subtitle C--Acquisition Program Management Accountability and
Transparency
SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION
PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1221, is amended by adding at the end the following:
``SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS
FOR MAJOR ACQUISITION PROGRAM BREACH.
``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Homeland Security and the Committee
on Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate; and
``(2) in the case of notice or a report relating to the
Coast Guard or the Transportation Security Administration,
the committees described in paragraph (1) and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs in a
major acquisition program, the program manager for the
program shall notify the Component Acquisition Executive for
the program, the head of the component concerned, the
Executive Director of the Program Accountability and Risk
Management division, the Under Secretary for Management, and
the Deputy Secretary not later than 30 calendar days after
the date on which the breach is identified.
``(B) Notification to secretary.--If a breach occurs in a
major acquisition program and the breach results in a cost
overrun greater than 15 percent, a schedule delay greater
than 180 days, or a failure to meet any of the performance
thresholds from the cost, schedule, or performance parameters
specified in the most recently approved acquisition program
baseline for the program, the Component Acquisition Executive
for the program shall notify the Secretary and the Inspector
General of the Department not later than 5 business days
after the date on which the Component Acquisition Executive
for the program, the head of the component concerned, the
Executive Director of the Program Accountability and Risk
Management Division, the Under Secretary for Management, and
the Deputy Secretary are notified of the breach under
subparagraph (A).
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs in a major
acquisition program, the program manager for the program
shall submit in writing to the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, and the Under
Secretary for Management, at a date established by the Under
Secretary for Management, a remediation plan and root cause
analysis relating to the breach and program.
``(B) Remediation plan.--The remediation plan required
under subparagraph (A) shall--
``(i) explain the circumstances of the breach at issue;
``(ii) provide prior cost estimating information;
``(iii) include a root cause analysis that determines the
underlying cause or causes of shortcomings in cost, schedule,
or performance of the major acquisition program with respect
to which the breach has occurred, including the role, if any,
of--
``(I) unrealistic performance expectations;
``(II) unrealistic baseline estimates for cost or schedule
or changes in program requirements;
``(III) immature technologies or excessive manufacturing or
integration risk;
``(IV) unanticipated design, engineering, manufacturing, or
technology integration issues arising during program
performance;
``(V) changes to the scope of the program;
``(VI) inadequate program funding or changes in planned
out-year funding from one 5-year funding plan to the next 5-
year funding plan as outlined in the Future Years Homeland
Security Program required under section 874;
``(VII) legislative, legal, or regulatory changes; or
``(VIII) inadequate program management personnel, including
lack of sufficient number of staff, training, credentials,
certifications, or use of best practices;
``(iv) propose corrective action to address cost growth,
schedule delays, or performance issues;
``(v) explain the rationale for why a proposed corrective
action is recommended; and
``(vi) in coordination with the Component Acquisition
Executive for the program, discuss all options considered,
including--
``(I) the estimated impact on cost, schedule, or
performance of the program if no changes are made to current
requirements;
``(II) the estimated cost of the program if requirements
are modified; and
``(III) the extent to which funding from other programs
will need to be reduced to cover the cost growth of the
program.
``(3) Review of corrective actions.--
``(A) In general.--The Under Secretary for Management--
``(i) shall review each remediation plan required under
paragraph (2); and
``(ii) not later than 30 days after submission of a
remediation plan under paragraph (2), may approve the plan or
provide an alternative proposed corrective action.
``(B) Submission to congress.--Not later than 30 days after
the date on which the Under Secretary for Management
completes a review of a remediation plan under subparagraph
(A), the Under Secretary for Management shall submit to the
appropriate committees of Congress a copy of the remediation
plan.
``(c) Requirements Relating to Congressional Notification
if Breach Occurs.--
``(1) Notification to congress.--If a notification to the
Secretary is made under subsection (b)(1)(B) relating to a
breach in a major acquisition program, the Under Secretary
for Management shall notify the appropriate committees of
Congress of the breach in the next semi-annual Acquisition
Program Health Assessment described in section 717(a)(3)
after receipt by the Under Secretary for Management of the
notification under subsection (b)(1)(B).
``(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the costs and schedule
specified in the acquisition program baseline for a major
acquisition program, the Under Secretary for Management shall
include in the notification required under paragraph (1) a
written certification, with supporting explanation, that--
``(A) the program is essential to the accomplishment of the
mission of the Department;
``(B) there are no alternatives to the capability or asset
provided by the program that will provide equal or greater
capability in a more cost-effective and timely manner;
``(C) the management structure for the program is adequate
to manage and control cost, schedule, and performance; and
``(D) includes the date on which the new acquisition
schedule and estimates for total acquisition cost will be
completed.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1221, is amended by inserting after the item relating to
section 836 the following:
``Sec. 837. Congressional notification and other requirements for major
acquisition program breach.''.
SEC. 1232. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1231, is amended by adding at the end the following:
``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Under Secretary for Management
shall brief the appropriate congressional committees on a
multiyear acquisition strategy to--
``(1) guide the overall direction of the acquisitions of
the Department while allowing flexibility to deal with ever-
changing threats and risks;
``(2) keep pace with changes in technology that could
impact deliverables; and
``(3) help industry better understand, plan, and align
resources to meet the future acquisition needs of the
Department.
``(b) Updates.--The strategy required under subsection (a)
shall be updated and included in each Future Years Homeland
Security Program required under section 874.
``(c) Consultation.--In developing the strategy required
under subsection (a), the Secretary shall, as the Secretary
determines appropriate, consult with headquarters,
components, employees in the field, and individuals from
industry and the academic community.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1231, is amended by inserting after the item relating to
section 837 the following:
``Sec. 838. Multiyear acquisition strategy.''.
SEC. 1233. REPORT ON BID PROTESTS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' has the
meaning given the term in section 837(a) of the Homeland
Security Act of 2002, as added by section 1231(a); and
(2) the term ``Department'' means the Department of
Homeland Security.
(b) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Inspector General of the
Department shall conduct a study, in consultation with the
Government Accountability Office when necessary, and submit
to the appropriate committees of Congress a report on the
prevalence and impact of bid protests on the acquisition
process of the Department, in particular bid protests filed
with the Government Accountability Office and the United
States Court of Federal Claims.
(c) Contents.--The report required under subsection (b)
shall include--
(1) with respect to contracts with the Department--
(A) trends in the number of bid protests filed with Federal
agencies, the Government Accountability Office, and Federal
courts and the rate of those bid protests compared to
contract obligations and the number of contracts;
(B) an analysis of bid protests filed by incumbent
contractors, including the rate at which those contractors
are awarded bridge contracts or contract extensions over the
period during which the bid protest remains unresolved;
[[Page S3661]]
(C) a comparison of the number of bid protests and the
outcome of bid protests for--
(i) awards of contracts compared to awards of task or
delivery orders;
(ii) contracts or orders primarily for products compared to
contracts or orders primarily for services;
(iii) protests filed pre-award to challenge the
solicitation compared to those filed post-award;
(iv) contracts or awards with single protestors compared to
multiple protestors; and
(v) contracts with single awards compared to multiple award
contracts;
(D) a description of trends in the number of bid protests
filed as a percentage of contracts and as a percentage of
task or delivery orders by the value of the contract or order
with respect to--
(i) contracts valued at more than $300,000,000;
(ii) contracts valued at not less than $50,000,000 and not
more than $300,000,000;
(iii) contracts valued at not less than $10,000,000 and not
more than $50,000,000; and
(iv) contracts valued at less than $10,000,000;
(E) an assessment of the cost and schedule impact of
successful and unsuccessful bid protests, as well as
delineation of litigation costs, filed on major acquisitions
with more than $100,000,000 in annual expenditures or
$300,000,000 in life cycle costs;
(F) an analysis of how often bid protestors are awarded the
contract that was the subject of the bid protest;
(G) a summary of the results of bid protests in which the
Department took unilateral corrective action, including the
average time for remedial action to be completed;
(H) the time it takes the Department to implement
corrective actions after a ruling or decision with respect to
a bid protest, and the percentage of those corrective actions
that are subsequently protested, including the outcome of any
subsequent bid protest;
(I) an analysis of those contracts with respect to which a
company files a bid protest and later files a subsequent bid
protest; and
(J) an assessment of the overall time spent on preventing
and responding to bid protests as it relates to the
procurement process; and
(2) any recommendations by the Inspector General of the
Department relating to the study conducted under this
section.
SEC. 1234. PROHIBITION AND LIMITATIONS ON USE OF COST-PLUS
CONTRACTS.
(a) Definitions.--In this section--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``major acquisition program'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101), as amended by this Act.
(b) Prohibition.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall modify the acquisition regulations of the Department to
prohibit the use of cost-type contracts, unless the head of
contracting activity determines in writing that--
(1) a cost-type contract is required by the level of
program risk; and
(2) appropriate steps will be taken as soon as practicable
to reduce that risk so that follow-on contracts for the same
product or service can be awarded on a fixed-price basis, and
delineates those steps in writing.
(c) Major Acquisition Programs.--
(1) Prohibition.--The Department shall prohibit the use of
cost-plus contracts with respect to procurements for the
production of major acquisition programs.
(2) Limitation on authorizing of cost-type contracts.--The
Chief Procurement Officer of the Department, in consultation
with the Acquisition Review Board required to be established
under section 836 of the Homeland Security Act of 2002, as
added by section 1221(a), may authorize the use of a cost-
type contract for a major acquisition program only upon a
written determination that--
(A) the major acquisition program is so complex and
technically challenging that it is not practicable to use a
contract type other than a cost-plus reimbursable contract
for the development of the major acquisition program;
(B) all reasonable efforts have been made to define the
requirements sufficiently to allow for the use of a contract
type other than a cost-plus reimbursable contract for the
development of the major acquisition program; and
(C) despite the efforts described in subparagraph (B), the
Department cannot define requirements sufficiently to allow
for the use of a contract type other than a cost-plus
reimbursable contract for the development of the major
acquisition program.
SEC. 1235. BRIDGE CONTRACTS.
(a) Definitions.--In this section--
(1) the terms ``acquisition program'' and ``congressional
homeland security committees'' have the meanings given those
terms in section 2 of the Homeland Security Act of 2002, as
amended by this Act;
(2) the term ``Department'' means the Department of
Homeland Security; and
(3) the term ``Executive agency'' has the meaning given the
term in section 105 of title 5, United States Code.
(b) Policies and Procedures.--The Chief Procurement Officer
of the Department shall develop, in consultation with the
Office of Federal Procurement Policy--
(1) a common definition of a bridge contract; and
(2) policies and procedures for the Department that, to the
greatest extent practicable, seek to--
(A) minimize the use of bridge contracts while providing
for continuation of services to be performed through
contracts; and
(B) ensure appropriate planning by contracting officials.
(c) Required Elements.--The policies and procedures
developed under subsection (b) shall include the following
elements:
(1) Sufficient time and planning to review contract
requirements, compete contracts as appropriate, enter into
contracts, and consider the possibility of bid protests.
(2) For contracts that do not meet timeliness standards or
that require entering into bridge contracts, contracting
officials shall notify the Chief Procurement Officer of the
Department and the head of the component agency of the
Department.
(3) The Chief Procurement Officer of the Department shall
approve any bridge contract that lasts longer than 6 months,
and the head of the component agency of the Department shall
approve any bridge contract that lasts longer than 1 year.
(d) Public Notice.--The Chief Procurement Officer of the
Department shall provide public notice not later than 30 days
after entering into a bridge contract, which shall include
the notice required under subsection (c)(2) to the extent
that information is available.
(e) Exceptions.--The policies and procedures developed
under subsection (b) shall not apply to--
(1) service contracts in support of contingency operations,
humanitarian assistance, or disaster relief;
(2) service contracts in support of national security
emergencies declared with respect to named operations; or
(3) service contracts entered into pursuant to
international agreements.
(f) Reports.--Not later than September 30, 2020, and by
September 30 of each subsequent year thereafter until 2025,
the Chief Procurement Officer of the Department shall submit
to the congressional homeland security committees and make
publicly available on the website of the Department a report
on the use of bridge contracts for all acquisition programs,
which shall include--
(1) a common definition for a bridge contract, if in
existence, that is used by contracting offices of Executive
agencies;
(2) the total number of bridge contracts entered into
during the previous fiscal year;
(3) the estimated value of each contract that required the
use of a bridge contract and the cost of each such bridge
contract;
(4) the reasons for and cost of each bridge contract;
(5) the types of services or goods being acquired under
each bridge contract;
(6) the length of the initial contract that required the
use of a bridge contract, including the base and any
exercised option years, and the cumulative length of any
bridge contract or contracts related to the initial contract;
(7) a description of how many of the contracts that
required bridge contracts were the result of bid protests;
(8) a description of existing statutory, regulatory, or
agency guidance that the Department followed to execute each
bridge contract; and
(9) any other matters determined to be relevant by the
Chief Procurement Officer of the Department.
SEC. 1236. ACQUISITION REPORTS.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by
section 1232, is amended by adding at the end the following:
``SEC. 839. ACQUISITION POLICIES AND GUIDANCE.
``(a) Program Accountability Report.--The Under Secretary
for Management shall prepare and submit to the congressional
homeland security committees a semi-annual program
accountability report to meet the mandate of the Department
to perform program health assessments and improve program
execution and governance.
``(b) Level 3 Acquisition Programs of Components of the
Department.--
``(1) Identification.--Not later than 60 days after the
date of enactment of this section, component heads of the
Department shall identify to the Under Secretary for
Management all level 3 acquisition programs of each
respective component.
``(2) Certification.--Not later than 30 days after receipt
of the information under paragraph (1), the Under Secretary
for Management shall certify in writing to the congressional
homeland security committees whether the heads of the
components of the Department have properly identified the
programs described in that paragraph.
``(3) Methodology.--To carry out this subsection, the Under
Secretary shall establish a process with a repeatable
methodology to continually identify level 3 acquisition
programs.
``(c) Policies and Guidance.--
``(1) Submission.--Not later than 180 days after the date
of enactment of this section, the Component Acquisition
Executives shall submit to the Under Secretary for Management
the policies and relevant guidance for the level 3
acquisition programs of each component.
``(2) Certification.--Not later than 90 days after receipt
of the policies and guidance under subparagraph (A), the
Under Secretary shall certify in writing to the congressional
homeland security committees that the policies and guidance
of each component adhere to Department-wide acquisition
policies.''.
[[Page S3662]]
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1232, is amended by inserting after the item relating to
section 838 the following:
``Sec. 839. Acquisition policies and guidance.''.
TITLE III--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--Department of Homeland Security Intelligence Enterprise
SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
section 1601(g) of this Act, is amended by adding at the end
the following new section:
``SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE.
``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary, acting
through the Chief Intelligence Officer of the Department, in
coordination with intelligence components of the Department,
the Office of the General Counsel, the Privacy Office, and
the Office for Civil Rights and Civil Liberties, shall
develop and disseminate written Department-wide guidance for
the processing, analysis, production, and dissemination of
homeland security information (as such term is defined in
section 892) and terrorism information (as such term is
defined in section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485)).
``(b) Contents.--The guidance required under subsection (a)
shall, at a minimum, include the following:
``(1) A description of guiding principles and purposes of
the Department's intelligence enterprise.
``(2) A summary of the roles and responsibilities, if any,
of each intelligence component of the Department and programs
of the intelligence components of the Department in the
processing, analysis, production, and dissemination of
homeland security information and terrorism information,
including relevant authorities and restrictions applicable to
each intelligence component of the Department and programs of
each such intelligence component.
``(3) Guidance for the processing, analysis, and production
of such information, including descriptions of component or
program specific datasets that facilitate the processing,
analysis, and production.
``(4) Guidance for the dissemination of such information,
including within the Department, among and between Federal
departments and agencies, among and between State, local,
tribal, and territorial governments, including law
enforcement agencies, and with foreign partners and the
private sector.
``(5) A statement of intent regarding how the dissemination
of homeland security information and terrorism information to
the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) and Federal law enforcement agencies should assist
the intelligence community and Federal law enforcement
agencies in carrying out their respective missions.
``(6) A statement of intent regarding how the dissemination
of homeland security information and terrorism information to
State, local, tribal, and territorial government agencies,
including law enforcement agencies, should assist the
agencies in carrying out their respective missions.
``(c) Form.--The guidance required under subsection (a)
shall be disseminated in unclassified form, but may include a
classified annex.
``(d) Annual Review.--For each of the 5 fiscal years
beginning with the first fiscal year that begins after the
date of the enactment of this section, the Secretary shall
conduct a review of the guidance required under subsection
(a) and, as appropriate, revise such guidance.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1601(i) of this
Act, is amended by inserting after the item relating to
section 210E the following new item:
``Sec. 210F. Homeland intelligence doctrine.''.
SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OFFICER.
Section 201(e)(1) of the Homeland Security Act of 2002 (6
U.S.C. 121(e)(1)) is amended by adding at the end the
following: ``The Secretary shall also provide the Chief
Intelligence Officer with a staff having appropriate
component intelligence program expertise and experience to
assist the Chief Intelligence Officer.''.
SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
this Act, is further amended by adding at the end the
following new sections:
``SEC. 210G. HOMELAND TERRORIST THREAT ASSESSMENTS.
``(a) In General.--Not later than 180 days after the date
of the enactment of this section and for each of the
following 5 fiscal years (beginning in the first fiscal year
that begins after the date of the enactment of this section),
the Secretary, acting through the Under Secretary for
Intelligence and Analysis, and using departmental
information, including component information coordinated with
each intelligence component of the Department and programs of
each such intelligence component, and information provided
through State and major urban area fusion centers, shall
conduct an assessment of the terrorist threat to the
homeland.
``(b) Contents.--Each assessment under subsection (a) shall
include the following:
``(1) Empirical data assessing terrorist activities and
incidents over time in the United States, including terrorist
activities and incidents planned or supported by foreign or
domestic terrorists or persons outside of the United States
to occur in the homeland.
``(2) An evaluation of current terrorist tactics, as well
as ongoing and possible future changes in terrorist tactics.
``(3) An assessment of criminal activity encountered or
observed by officers or employees of components which is
suspected of financing terrorist activity.
``(4) Detailed information on all individuals suspected of
involvement in terrorist activity and subsequently--
``(A) prosecuted for a Federal criminal offense, including
details of the criminal charges involved;
``(B) placed into removal proceedings, including details of
the removal processes and charges used;
``(C) denied entry into the United States, including
details of the denial processes used; or
``(D) subjected to civil proceedings for revocation of
naturalization.
``(5) The efficacy and reach of foreign and domestic
terrorist organization propaganda, messaging, or recruitment,
including details of any specific propaganda, messaging, or
recruitment that contributed to terrorist activities
identified pursuant to paragraph (1).
``(6) An assessment of threats, including cyber threats, to
the homeland, including to critical infrastructure and
Federal civilian networks.
``(7) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to unlawfully enter the United States.
``(8) An assessment of threats to the transportation
sector, including surface and aviation transportation
systems.
``(c) Additional Information.--The assessments required
under subsection (a)--
``(1) shall, to the extent practicable, utilize existing
component data collected and existing component threat
assessments; and
``(2) may incorporate relevant information and analysis
from other agencies of the Federal Government, agencies of
State and local governments (including law enforcement
agencies), as well as the private sector, disseminated in
accordance with standard information sharing procedures and
policies.
``(d) Form.--The assessments required under subsection (a)
shall be shared with the appropriate congressional committees
and submitted in unclassified form, but may include separate
classified annexes, if appropriate.
``SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVITIES OF THE
DEPARTMENT.
``(a) Annual Report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary shall submit to Congress an annual report that
shall include the following:
``(1) A description of the status of the programs and
policies of the Department for countering violent extremism
and similar activities in the United States.
``(2) A description of the efforts of the Department to
cooperate with and provide assistance to other Federal
departments and agencies.
``(3) Qualitative and quantitative metrics for evaluating
the success of the programs and policies described in
paragraph (1) and the steps taken to evaluate the success of
those programs and policies.
``(4) An accounting of--
``(A) grants and cooperative agreements awarded by the
Department to counter violent extremism; and
``(B) all training specifically aimed at countering violent
extremism sponsored by the Department.
``(5) In coordination with the Under Secretary for
Intelligence and Analysis, an analysis of how the activities
of the Department to counter violent extremism correspond and
adapt to the threat environment.
``(6) A summary of how civil rights and civil liberties are
protected in the activities of the Department to counter
violent extremism.
``(7) An evaluation of the use of grants and cooperative
agreements awarded under sections 2003 and 2004 to support
efforts of local communities in the United States to counter
violent extremism, including information on the effectiveness
of those grants and cooperative agreements in countering
violent extremism.
``(8) A description of how the Department incorporated
lessons learned from the countering violent extremism
programs and policies and similar activities of foreign,
State, local, tribal, and territorial governments and
stakeholder communities.
``(9) A description of the decision process used by the
Department to rename or refocus the entities within the
Department that are focused on the issues described in this
subsection, including a description of the threat basis for
that decision.
[[Page S3663]]
``(b) Annual Review.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Office for Civil Rights and Civil Liberties of the Department
shall--
``(1) conduct a review of the countering violent extremism
and similar activities of the Department to ensure that all
such activities of the Department respect the privacy, civil
rights, and civil liberties of all persons; and
``(2) make publicly available on the website of the
Department a report containing the results of the review
conducted under paragraph (1).''.
(b) Conforming Amendments.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 201(d) (6 U.S.C. 121(d)), by adding at the
end the following:
``(27) To carry out section 210G (relating to homeland
terrorist threat assessments) and section 210H (relating to
terrorism prevention activities).''; and
(2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to support any organization or group which has
knowingly or recklessly funded domestic terrorism or
international terrorism (as those terms are defined in
section 2331 of title 18, United States Code) or organization
or group known to engage in or recruit to such activities, as
determined by the Secretary in consultation with the
Administrator, the Under Secretary for Intelligence and
Analysis, and the heads of other appropriate Federal
departments and agencies.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1301, is amended
by inserting after the item relating to section 210F the
following:
``Sec. 210G. Homeland terrorist threat assessments.
``Sec. 210H. Report on terrorism prevention activities of the
Department.''.
(d) Sunset.--Effective on the date that is 5 years after
the date of enactment of this Act--
(1) section 210H of the Homeland Security Act of 2002, as
added by subsection (a), is repealed; and
(2) the table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by striking the item relating to section 210H.
SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.
(a) In General.--
(1) Development.--The Secretary of Homeland Security shall
develop a data framework to integrate existing Department of
Homeland Security datasets and systems, as appropriate, for
access by authorized personnel in a manner consistent with
relevant legal authorities and privacy, civil rights, and
civil liberties policies and protections.
(2) Requirements.--In developing the framework required
under paragraph (1), the Secretary of Homeland Security shall
ensure, in accordance with all applicable statutory and
regulatory requirements, the following information is
included:
(A) All information acquired, held, or obtained by an
office or component of the Department of Homeland Security
that falls within the scope of the information sharing
environment, including homeland security information,
terrorism information, weapons of mass destruction
information, and national intelligence.
(B) Any information or intelligence relevant to priority
mission needs and capability requirements of the homeland
security enterprise, as determined appropriate by the
Secretary.
(b) Data Framework Access.--
(1) In general.--The Secretary of Homeland Security shall
ensure that the data framework required under this section is
accessible to employees of the Department of Homeland
Security who the Secretary determines--
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires access
to information in such framework; and
(C) are trained in applicable standards for safeguarding
and using such information.
(2) Guidance.--The Secretary of Homeland Security shall--
(A) issue guidance for Department of Homeland Security
employees authorized to access and contribute to the data
framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to share
between offices and components of the Department when
accessing or contributing to such framework for mission
needs.
(3) Efficiency.--The Secretary of Homeland Security shall
promulgate data standards and instruct components of the
Department of Homeland Security to make available information
through the data framework required under this section in a
machine-readable standard format, to the greatest extent
practicable.
(c) Exclusion of Information.--The Secretary of Homeland
Security may exclude information from the data framework if
the Secretary determines inclusion of such information may--
(1) jeopardize the protection of sources, methods, or
activities;
(2) compromise a criminal or national security
investigation;
(3) be inconsistent with other Federal laws or regulations;
or
(4) be duplicative or not serve an operational purpose if
included in such framework.
(d) Safeguards.--The Secretary of Homeland Security shall
incorporate into the data framework required under this
section systems capabilities for auditing and ensuring the
security of information included in such framework. Such
capabilities shall include the following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil
liberties.
(e) Deadline for Implementation.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
Homeland Security shall ensure the data framework required
under this section has the ability to include the information
described in subsection (a).
(f) Notice to Congress.--
(1) Status updates.--The Secretary of Homeland Security
shall submit to the appropriate congressional committees
regular updates on the status of the data framework until
such framework is fully operational.
(2) Operational notification.--Not later than 60 days after
the date on which the data framework required under this
section is fully operational, the Secretary of Homeland
Security shall provide notice to the appropriate
congressional committees that the data framework is fully
operational.
(3) Value added.--The Secretary of Homeland Security shall
include in each assessment required under section 210G(a) of
the Homeland Security Act of 2002, as added by this Act, if
applicable, a description of the use of the data framework
required under this section to support operations that
disrupt terrorist activities and incidents in the homeland.
(g) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee''--
(A) has the meaning given the term in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101); and
(B) includes the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) Homeland.--The term ``homeland'' has the meaning given
the term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(3) Homeland security information.--The term ``homeland
security information'' has the meaning given such term in
section 892 of the Homeland Security Act of 2002 (6 U.S.C.
482).
(4) Insider threat.--The term ``insider threat'' has the
meaning given such term in section 104 of the Homeland
Security Act of 2002, as added by section 1305.
(5) National intelligence.--The term ``national
intelligence'' has the meaning given such term in section
3(5) of the National Security Act of 1947 (50 U.S.C.
3003(5)).
(6) Terrorism information.--The term ``terrorism
information'' has the meaning given such term in section 1016
of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.
(a) In General.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following:
``SEC. 104. INSIDER THREAT PROGRAM.
``(a) Establishment.--The Secretary shall establish an
Insider Threat Program within the Department, which shall--
``(1) provide training and education for employees of the
Department to identify, prevent, mitigate, and respond to
insider threat risks to the Department's critical assets;
``(2) provide investigative support regarding potential
insider threats that may pose a risk to the Department's
critical assets; and
``(3) conduct risk mitigation activities for insider
threats.
``(b) Steering Committee.--
``(1) In general.--
``(A) Establishment.--The Secretary shall establish a
Steering Committee within the Department.
``(B) Membership.--The membership of the Steering Committee
shall be as follows:
``(i) The Under Secretary for Management and the Under
Secretary for Intelligence and Analysis shall serve as the
Co-Chairpersons of the Steering Committee.
``(ii) The Chief Security Officer, as the designated Senior
Insider Threat Official, shall serve as the Vice Chairperson
of the Steering Committee.
``(iii) The other members of the Steering Committee shall
be comprised of representatives of--
``(I) the Office of Intelligence and Analysis;
``(II) the Office of the Chief Information Officer;
``(III) the Office of the General Counsel;
``(IV) the Office for Civil Rights and Civil Liberties;
``(V) the Privacy Office;
``(VI) the Office of the Chief Human Capital Officer;
``(VII) the Office of the Chief Financial Officer;
``(VIII) the Federal Protective Service;
``(IX) the Office of the Chief Procurement Officer;
``(X) the Science and Technology Directorate; and
[[Page S3664]]
``(XI) other components or offices of the Department as
appropriate.
``(C) Meetings.--The members of the Steering Committee
shall meet on a regular basis to discuss cases and issues
related to insider threats to the Department's critical
assets, in accordance with subsection (a).
``(2) Responsibilities.--Not later than 1 year after the
date of the enactment of this section, the Under Secretary
for Management, the Under Secretary for Intelligence and
Analysis, and the Chief Security Officer, in coordination
with the Steering Committee, shall--
``(A) develop a holistic strategy for Department-wide
efforts to identify, prevent, mitigate, and respond to
insider threats to the Department's critical assets;
``(B) develop a plan to implement the insider threat
measures identified in the strategy developed under
subparagraph (A) across the components and offices of the
Department;
``(C) document insider threat policies and controls;
``(D) conduct a baseline risk assessment of insider threats
posed to the Department's critical assets;
``(E) examine programmatic and technology best practices
adopted by the Federal Government, industry, and research
institutions to implement solutions that are validated and
cost-effective;
``(F) develop a timeline for deploying workplace monitoring
technologies, employee awareness campaigns, and education and
training programs related to identifying, preventing,
mitigating, and responding to potential insider threats to
the Department's critical assets;
``(G) consult with the Under Secretary for Science and
Technology and other appropriate stakeholders to ensure the
Insider Threat Program is informed, on an ongoing basis, by
current information regarding threats, best practices, and
available technology; and
``(H) develop, collect, and report metrics on the
effectiveness of the Department's insider threat mitigation
efforts.
``(c) Preservation of Merit System Rights.--
``(1) In general.--The Steering Committee shall not seek
to, and the authorities provided under this section shall not
be used to, deter, detect, or mitigate disclosures of
information by Government employees or contractors that are
lawful under and protected by section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5))
(commonly known as the `Intelligence Community Whistleblower
Protection Act of 1998'), chapter 12 or 23 of title 5, United
States Code, the Inspector General Act of 1978 (5 U.S.C.
App.), or any other whistleblower statute, regulation, or
policy.
``(2) Implementation.--
``(A) In general.--Any activity carried out under this
section shall be subject to section 115 of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note).
``(B) Required statement.--Any activity to implement or
enforce any insider threat activity or authority under this
section or Executive Order 13587 (50 U.S.C. 3161 note) shall
include the statement required by section 115 of the
Whistleblower Protection Enhancement Act of 2012 (5 U.S.C.
2302 note) that preserves rights under whistleblower laws and
section 7211 of title 5, United States Code, protecting
communications with Congress.
``(d) Definitions.--In this section:
``(1) Critical assets.--The term `critical assets' means
the resources, including personnel, facilities, information,
equipment, networks, or systems necessary for the Department
to fulfill its mission.
``(2) Employee.--The term `employee' has the meaning given
the term in section 2105 of title 5, United States Code.
``(3) Insider.--The term `insider' means--
``(A) any person who has or had authorized access to
Department facilities, information, equipment, networks, or
systems and is employed by, detailed to, or assigned to the
Department, including members of the Armed Forces, experts or
consultants to the Department, industrial or commercial
contractors, licensees, certificate holders, or grantees of
the Department, including all subcontractors, personal
services contractors, or any other category of person who
acts for or on behalf of the Department, as determined by the
Secretary; or
``(B) State, local, tribal, territorial, and private sector
personnel who possess security clearances granted by the
Department.
``(4) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access,
wittingly or unwittingly, to do harm to the security of the
United States, including damage to the United States through
espionage, terrorism, the unauthorized disclosure of
classified national security information, or through the loss
or degradation of departmental resources or capabilities.
``(5) Steering committee.--The term `Steering Committee'
means the Steering Committee established under subsection
(b)(1)(A).''.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and once every 2 years thereafter
for the following 4-year period, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
and the Permanent Select Committee on Intelligence of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on--
(A) how the Department of Homeland Security, including the
components and offices of the Department of Homeland
Security, have implemented the strategy developed under
section 104(b)(2)(A) of the Homeland Security Act of 2002, as
added by this Act;
(B) the status of the risk assessment of critical assets
being conducted by the Department of Homeland Security;
(C) the types of insider threat training conducted;
(D) the number of employees of the Department of Homeland
Security who have received insider threat training; and
(E) information on the effectiveness of the Insider Threat
Program (established under section 104(a) of the Homeland
Security Act of 2002, as added by this Act), based on metrics
developed, collected, and reported pursuant to subsection
(b)(2)(H) of such section 104.
(2) Definitions.--In this subsection, the terms ``critical
assets'', ``insider'', and ``insider threat'' have the
meanings given the terms in section 104 of the Homeland
Security Act of 2002 (as added by this Act).
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 103 the following:
``Sec. 104. Insider Threat Program.''.
SEC. 1306. REPORT ON APPLICATIONS AND THREATS OF BLOCKCHAIN
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--In this section,
the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Financial
Services, and the Committee on Homeland Security of the House
of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined to be a government that has
repeatedly provided support for acts of international
terrorism for purposes of--
(A) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.));
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
(b) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of the Treasury, the Attorney General, the
Director of National Intelligence, and the heads of such
other departments and agencies of the Federal Government as
the Secretary considers appropriate, shall provide to the
appropriate committees of Congress a report on the
applications and threats of blockchain technology.
(c) Elements.--The report required under subsection (b)
shall include--
(1) an assessment of potential offensive and defensive
cyber applications of blockchain technology and other
distributed ledger technologies;
(2) an assessment of the actual and potential threat posed
by individuals and state sponsors of terrorism using
distributed ledger-enabled currency and other emerging
financial technological capabilities to carry out activities
in furtherance of an act of terrorism, including the
provision of material support or resources to a foreign
terrorist organization;
(3) an assessment of the use or planned use of such
technologies by the Federal Government and critical
infrastructure networks; and
(4) a threat assessment of efforts by foreign powers,
foreign terrorist organizations, and criminal networks to
utilize such technologies and related threats to the
homeland, including an assessment of the vulnerabilities of
critical infrastructure networks to related cyberattacks.
(d) Form of Report.--The report required under subsection
(b) shall be provided in unclassified form, but may include a
classified supplement.
(e) Distribution.--Consistent with the protection of
classified and confidential unclassified information, the
Under Secretary for Intelligence and Analysis shall share the
threat assessment developed under this section with State,
local, and tribal law enforcement officials, including
officials that operate within fusion centers in the National
Network of Fusion Centers.
SEC. 1307. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT
ASSESSMENT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act,
[[Page S3665]]
the Under Secretary for Intelligence and Analysis shall, in
coordination with appropriate Federal partners, develop and
disseminate a threat assessment on whether transnational
criminal organizations are exploiting United States border
security vulnerabilities in border security screening
programs to gain access to the United States and threaten the
United States or border security.
(b) Recommendations.--Upon completion of the threat
assessment required under subsection (a), the Secretary of
Homeland Security shall make a determination if any changes
are required to address security vulnerabilities identified
in such assessment.
(c) Distribution.--Consistent with the protection of
classified and confidential unclassified information, the
Under Secretary for Intelligence and Analysis shall share the
threat assessment developed under this section with State,
local, and tribal law enforcement officials, including
officials that operate within fusion centers in the National
Network of Fusion Centers.
SEC. 1308. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS
ADVISORY BOARD.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
this Act, is amended by adding at the end the following:
``SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER THREATS.
``(a) Establishment.--There is authorized in the
Department, for a period of 2 years beginning after the date
of enactment of this section, a Counter Threats Advisory
Board (in this section referred to as the `Board') which
shall--
``(1) be composed of senior representatives of departmental
operational components and headquarters elements; and
``(2) coordinate departmental intelligence activities and
policy and information related to the mission and functions
of the Department that counter threats.
``(b) Charter.--There shall be a charter to govern the
structure and mission of the Board, which shall--
``(1) direct the Board to focus on the current threat
environment and the importance of aligning departmental
activities to counter threats under the guidance of the
Secretary; and
``(2) be reviewed and updated as appropriate.
``(c) Members.--
``(1) In general.--The Board shall be composed of senior
representatives of departmental operational components and
headquarters elements.
``(2) Chair.--The Under Secretary for Intelligence and
Analysis shall serve as the Chair of the Board.
``(3) Members.--The Secretary shall appoint additional
members of the Board from among the following:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) U. S. Citizenship and Immigration Services.
``(G) The United States Secret Service.
``(H) The Cybersecurity and Infrastructure Security Agency.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Strategy, Policy, and Plans.
``(M) The Science and Technology Directorate.
``(N) The Office for State and Local Law Enforcement.
``(O) The Privacy Office.
``(P) The Office for Civil Rights and Civil Liberties.
``(Q) Other departmental offices and programs as determined
appropriate by the Secretary.
``(d) Meetings.--The Board shall--
``(1) meet on a regular basis to discuss intelligence and
coordinate ongoing threat mitigation efforts and departmental
activities, including coordination with other Federal, State,
local, tribal, territorial, and private sector partners; and
``(2) make recommendations to the Secretary.
``(e) Terrorism Alerts.--The Board shall advise the
Secretary on the issuance of terrorism alerts under section
203.
``(f) Prohibition on Additional Funds.--No additional funds
are authorized to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135), as amended by section
1303, is amended by inserting after the item relating to
section 210H the following:
``Sec. 210I. Departmental coordination to counter threats.''.
(c) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security,
acting through the Chair of the Counter Threats Advisory
Board established under section 210I of the Homeland Security
Act of 2002, as added by subsection (a), shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the status and
activities of the Counter Threats Advisory Board.
(d) Notice.--The Department of Homeland Security shall
provide written notification to and brief the Committee on
Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate and the Committee on
Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives on any changes
to or introductions of new mechanisms to coordinate threats
across the Department.
SEC. 1309. BRIEFING ON PHARMACEUTICAL-BASED AGENT THREATS.
(a) Briefing Required.--Not later than 120 days after the
date of enactment of this Act, the Assistant Secretary for
the Countering Weapons of Mass Destruction Office, in
consultation with other departments and agencies of the
Federal Government as the Assistant Secretary considers
appropriate, shall brief the appropriate congressional
committees on threats related to pharmaceutical-based agents.
The briefing shall incorporate, and the Assistant Secretary
shall update as necessary, any related Terrorism Risk
Assessments or Material Threat Assessments related to the
threat.
(b) Elements.--The briefing under subsection (a) shall
include--
(1) an assessment of threats from individuals or
organizations using pharmaceutical-based agents to carry out
activities in furtherance of any act of terrorism;
(2) an assessment of materiel and non-materiel capabilities
within the Federal Government to deter and manage the
consequences of such an attack; and
(3) a strategy to address any identified capability gaps to
deter and manage the consequences of any act of terrorism
using pharmaceutical-based agents.
(c) Form of Briefing.--The briefing under subsection (a)
may be provided in classified form.
(d) Definitions.--In this section:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
that term under section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(2) Pharmaceutical-based agent.--The term ``pharmaceutical-
based agent'' means a chemical, including fentanyl,
carfentanil, and related analogues, which affects the central
nervous system and has the potential to be used as a chemical
weapon.
Subtitle B--Stakeholder Information Sharing
SEC. 1311. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER
PARTNERSHIP INITIATIVE.
(a) In General.--Section 210A of the Homeland Security Act
of 2002 (6 U.S.C. 124h) is amended--
(1) by amending the section heading to read as follows:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER
PARTNERSHIP INITIATIVE.'';
(2) in subsection (a), by adding at the end the following:
``Beginning on the date of enactment of the Department of
Homeland Security Authorization Act, such Initiative shall be
known as the `Department of Homeland Security Fusion Center
Partnership Initiative'.'';
(3) by amending subsection (b) to read as follows:
``(b) Interagency Support and Coordination.--Through the
Department of Homeland Security Fusion Center Partnership
Initiative, in coordination with principal officials of
fusion centers in the National Network of Fusion Centers and
the officers designated as the Homeland Security Advisors of
the States, the Secretary shall--
``(1) coordinate with the heads of other Federal
departments and agencies to provide operational, analytic,
and reporting intelligence advice and assistance to the
National Network of Fusion Centers and to align homeland
security intelligence activities with other field based
intelligence activities;
``(2) support the integration of fusion centers into the
information sharing environment, including by--
``(A) providing for the effective dissemination of
information within the scope of the information sharing
environment to the National Network of Fusion Centers;
``(B) conducting outreach to such fusion centers to
identify any gaps in information sharing;
``(C) consulting with other Federal agencies to develop
methods to--
``(i) address any such gaps identified under subparagraph
(B), as appropriate; and
``(ii) deploy or access such databases and datasets, as
appropriate; and
``(D) review information that is gathered by the National
Network of Fusion Centers to identify that which is within
the scope of the information sharing environment, including
homeland security information (as defined in section 892),
terrorism information, and weapons of mass destruction
information and incorporate such information, as appropriate,
into the Department's own such information;
``(3) facilitate close communication and coordination
between the National Network of Fusion Centers and the
Department and other Federal departments and agencies;
``(4) facilitate information sharing and expertise from the
national cybersecurity and communications integration center
under section 2209 to the National Network of Fusion Centers;
``(5) coordinate the provision of training and technical
assistance, including training on the use of Federal
databases and datasets described in paragraph (2), to the
National
[[Page S3666]]
Network of Fusion Centers and encourage participating fusion
centers to take part in terrorism threat-related exercises
conducted by the Department;
``(6) ensure the dissemination of cyber threat indicators
and information about cybersecurity risks and incidents to
the national Network of Fusion Centers;
``(7) ensure that each fusion center in the National
Network of Fusion Centers has a privacy policy approved by
the Chief Privacy Officer of the Department and a civil
rights and civil liberties policy approved by the Officer for
Civil Rights and Civil Liberties of the Department;
``(8) develop and disseminate best practices on the
appropriate levels for staffing at fusion centers in the
National Network of Fusion Centers of qualified
representatives from State, local, tribal, and territorial
law enforcement, fire, emergency medical, and emergency
management services, and public health disciplines, as well
as the private sector;
``(9) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers
operate in accordance with and in a manner that protects
privacy, civil rights, and civil liberties afforded by the
Constitution of the United States;
``(10) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers
are appropriately aligned with and able to meaningfully
support Federal homeland security, national security, and law
enforcement efforts, including counterterrorism;
``(11) encourage the full participation of the National
Network of Fusion Centers in all assessment and evaluation
efforts conducted by the Department;
``(12) track all Federal funding provided to each fusion
center on an individualized basis as well as by funding
source;
``(13) ensure that none of the departmental information or
data provided or otherwise made available to fusion center
personnel is improperly disseminated, accessed for
unauthorized purposes, or otherwise used in a manner
inconsistent with Department guidance; and
``(14) carry out such other duties as the Secretary
determines appropriate.'';
(4) in subsection (c)--
(A) in the heading, by striking ``Personnel Assignment''
and inserting ``Resource Allocation'';
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Information sharing and personnel assignment.--
``(A) Information sharing.--The Under Secretary for
Intelligence and Analysis shall ensure that, as appropriate--
``(i) fusion centers in the National Network of Fusion
Centers have access to homeland security information sharing
systems; and
``(ii) Department personnel are deployed to support fusion
centers in the National Network of Fusion Centers in a manner
consistent with the mission of the Department.
``(B) Personnel assignment.--Department personnel referred
to in subparagraph (A)(ii) may include the following:
``(i) Intelligence officers.
``(ii) Intelligence analysts.
``(iii) Other liaisons from components and offices of the
Department, as appropriate.
``(C) Memoranda of understanding.--The Under Secretary for
Intelligence and Analysis shall negotiate memoranda of
understanding between the Department and a State or local
government, in coordination with the appropriate
representatives from fusion centers in the National Network
of Fusion Centers, regarding the exchange of information
between the Department and such fusion centers. Such
memoranda shall include the following:
``(i) The categories of information to be provided by each
entity to the other entity that are parties to any such
memoranda.
``(ii) The contemplated uses of the exchanged information
that is the subject of any such memoranda.
``(iii) The procedures for developing joint products.
``(iv) The information sharing dispute resolution
processes.
``(v) Any protections necessary to ensure the exchange of
information accords with applicable law and policies.
``(2) Sources of support.--Information shared and personnel
assigned pursuant to paragraph (1) may be shared or provided,
as the case may be, by the following Department components
and offices, in coordination with the respective component or
office head and in consultation with the principal officials
of fusion centers in the National Network of Fusion Centers:
``(A) The Office of Intelligence and Analysis.
``(B) Cybersecurity and Infrastructure Security Agency.
``(C) The Transportation Security Administration.
``(D) U.S. Customs and Border Protection.
``(E) U.S. Immigration and Customs Enforcement.
``(F) The Coast Guard.
``(G) The national cybersecurity and communications
integration center under section 2209.
``(H) Other components or offices of the Department, as
determined by the Secretary.'';
(C) in paragraph (3)--
(i) in the heading, by striking ``Qualifying criteria'' and
inserting ``Resource allocation criteria''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary shall make available
criteria for sharing information and deploying personnel to
support a fusion center in the National Network of Fusion
Centers in a manner consistent with the Department's mission
and existing statutory limits.''; and
(D) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ``in which such fusion center is located''
after ``region'';
(5) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5);
(C) by inserting after paragraph (3) the following:
``(4) assist, in coordination with the national
cybersecurity and communications integration center under
section 2209, fusion centers in using information relating to
cybersecurity risks to develop a comprehensive and accurate
threat picture;'';
(D) in paragraph (5), as so redesignated--
(i) by striking ``government'' and inserting
``governments''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(E) by adding at the end the following:
``(6) use Department information, including information
held by components and offices, to develop analysis focused
on the mission of the Department under section 101(b).'';
(6) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--To the greatest extent practicable, the
Secretary shall make it a priority to allocate resources,
including departmental component personnel with relevant
expertise, to support the efforts of fusion centers along
land or maritime borders of the United States to facilitate
law enforcement agency identification, investigation, and
interdiction of persons, weapons, and related contraband that
pose a threat to homeland security.''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``participating State, local, and regional
fusion centers'' and inserting ``fusion centers in the
National Network of Fusion Centers'';
(7) in subsection (j)--
(A) by redesignating paragraph (5) as paragraph (7);
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) the following:
``(1) the term `cybersecurity risk' has the meaning given
such term in section 2209;''.
(D) in paragraph (5), as so redesignated, by striking
``and'' at the end; and
(E) by inserting after such paragraph (5) the following new
paragraph:
``(6) the term `National Network of Fusion Centers' means a
decentralized arrangement of fusion centers intended to
enhance individual State and urban area fusion centers'
ability to leverage the capabilities and expertise of all
fusion centers for the purpose of enhancing analysis and
homeland security information sharing nationally; and''; and
(8) by striking subsection (k).
(b) Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter through 2024,
the Under Secretary for Intelligence and Analysis of the
Department of Homeland Security shall report to the Committee
on Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Select Committee on Intelligence of the Senate on the
value of fusion center intelligence products and the
expenditure of authorized funds for the support and
coordination of the National Network of Fusion Centers as
specified in section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h), as amended by subsection (a).
(c) Report on Federal Databases.--Not later than 180 days
after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to
Congress on the Federal databases and datasets that address
any gaps identified pursuant to section 210A(b)(2)(B) of the
Homeland Security Act of 2002, as amended by subsection (a),
including databases and datasets used, operated, or managed
by Department components, the Department of Justice,
including the Federal Bureau of Investigation and the Drug
Enforcement Administration, and the Department of the
Treasury, that are appropriate, in accordance with Federal
laws and policies, for inclusion in the information sharing
environment.
(d) Technical and Conforming Amendments.--
(1) Section 2103(c)(1) of the Homeland Security Act of 2002
(6 U.S.C. 623(c)(1)) is amended by striking ``210A(j)(1)''
and inserting ``210A(j)''.
(2) The table of contents in section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended by striking the item relating to section 210A and
inserting the following:
``Sec. 210A. Department of Homeland Security Fusion Center Partnership
Initiative.''.
(e) Reference.--Any reference in any law, rule, or
regulation to the Department of Homeland Security State,
Local, and Regional Fusion Center Initiative shall be
[[Page S3667]]
deemed to be a reference to the Department of Homeland
Security Fusion Center Partnership Initiative.
SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.
(a) Assessment.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct an assessment of Department of
Homeland Security personnel assigned to fusion centers
pursuant to section 210A(c) of the Homeland Security Act of
2002 (6 U.S.C. 124h(c)), as amended by this Act, including an
assessment of whether deploying additional Department
personnel to such fusion centers would enhance the
Department's mission under section 101(b) of such Act (6
U.S.C. 111(b)) and the National Network of Fusion Centers.
(2) Contents.--The assessment required under this
subsection shall include the following:
(A) Information on the current deployment of the
Department's personnel to each fusion center.
(B) Information on the roles and responsibilities of the
Department's Office of Intelligence and Analysis intelligence
officers, intelligence analysts, senior reports officers,
reports officers, and regional directors deployed to fusion
centers.
(C) Information on Federal resources, in addition to
personnel, provided to each fusion center.
(D) An assessment of fusion centers located in
jurisdictions along land and maritime borders of the United
States, and the degree to which deploying personnel, as
appropriate, from U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and the Coast Guard to
such fusion centers would enhance the integrity and security
at such borders by helping Federal, State, local, tribal, and
territorial law enforcement authorities to identify,
investigate, and interdict persons, weapons, and related
contraband that pose a threat to homeland security.
(b) Definitions.--In this section, the terms ``fusion
center'' and ``National Network of Fusion Centers'' have the
meanings given those terms in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this
Act.
SEC. 1313. STRATEGY FOR FUSION CENTERS SUPPORTING
COUNTERNARCOTICS INITIATIVES THROUGH
INTELLIGENCE INFORMATION SHARING AND ANALYSIS.
Not later than 180 days after the date of enactment of this
Act, the Under Secretary for Intelligence and Analysis shall
submit to Congress a strategy for how the National Network of
Fusion Centers (as defined in section 210A(j) of the Homeland
Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this
Act) will support law enforcement counternarcotics activities
and investigations through intelligence information sharing
and analysis, including providing guidelines and best
practices to fusion center leadership and personnel.
SEC. 1314. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that
any program established by the Under Secretary for
Intelligence and Analysis of the Department of Homeland
Security to provide eligibility for access to information
classified as Top Secret for State, local, tribal, and
territorial analysts located in fusion centers shall be
consistent with the need to know requirements pursuant to
Executive Order No. 13526 (50 U.S.C. 3161 note).
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Under Secretary for Intelligence
and Analysis of the Department of Homeland Security, in
consultation with the Director of National Intelligence,
shall submit to the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence
of the Senate a report on the following:
(1) The process by which the Under Secretary for
Intelligence and Analysis determines a need to know pursuant
to Executive Order No. 13526 (50 U.S.C. 3161 note) to sponsor
Top Secret clearances for appropriate State, local, tribal,
and territorial analysts located in fusion centers.
(2) The effects of such Top Secret clearances on enhancing
information sharing with State, local, tribal, and
territorial partners.
(3) The cost for providing such Top Secret clearances for
State, local, tribal, and territorial analysts located in
fusion centers, including training and background
investigations.
(4) The operational security protocols, training,
management, and risks associated with providing such Top
Secret clearances for State, local, tribal, and territorial
analysts located in fusion centers.
(c) Definition.--In this section, the term ``fusion
center'' has the meaning given the term in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as
amended by this Act.
SEC. 1315. INFORMATION TECHNOLOGY ASSESSMENT.
(a) In General.--The Under Secretary for Intelligence and
Analysis of the Department of Homeland Security, in
collaboration with the Chief Information Officer of the
Department of Homeland Security and representatives from the
National Network of Fusion Centers, shall conduct an
assessment of information systems used to share homeland
security information between the Department of Homeland
Security and fusion centers in the National Network of Fusion
Centers and make upgrades to such systems, as appropriate.
Such assessment shall include the following:
(1) An evaluation of the security, accessibility, and ease
of use of such systems by fusion centers in the National
Network of Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
(b) Definitions.--In this section--
(1) the terms ``fusion center'' and ``National Network of
Fusion Centers'' have the meanings given those terms in
section 210A(j) of the Homeland Security Act of 2002 (6
U.S.C. 124h(j)), as amended by this Act;
(2) the term ``homeland security information'' has the
meaning given the term in section 892 of the Homeland
Security Act of 2002 (6 U.S.C. 482); and
(3) the term ``information systems'' has the meaning given
the term in section 3502 of title 44, United States Code.
SEC. 1316. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED
FACILITY INVENTORY.
(a) In General.--The Secretary of Homeland Security shall,
to the extent practicable--
(1) maintain an inventory of those Department of Homeland
Security facilities that the Department certifies to house
classified infrastructure or systems at the Secret level and
above;
(2) update such inventory on a regular basis; and
(3) share part or all of such inventory with personnel as
determined appropriate by the Secretary of Homeland Security.
(b) Inventory.--The inventory of facilities described in
subsection (a) may include--
(1) the location of such facilities;
(2) the attributes and capabilities of such facilities
(including the clearance level of the facility, the square
footage of, the total capacity of, the number of workstations
in, document storage, and the number of conference rooms in,
such facilities);
(3) the entities that operate such facilities; and
(4) the date of establishment of such facilities.
SEC. 1317. TERROR INMATE INFORMATION SHARING.
(a) In General.--The Secretary of Homeland Security, in
coordination with the Attorney General and in consultation
with other appropriate Federal officials, shall, as
appropriate, share with the National Network of Fusion
Centers through the Department of Homeland Security Fusion
Center Partnership Initiative under section 210A of the
Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by
this Act, as well as other relevant law enforcement entities,
release information from a Federal correctional facility,
including the name, charging date, and expected place and
date of release, of certain individuals who may pose a
terrorist threat.
(b) Scope.--The information shared under subsection (a)
shall be--
(1) for homeland security purposes; and
(2) regarding individuals convicted of a Federal crime of
terrorism (as defined in section 2332b of title 18, United
States Code).
(c) Periodic Threat Assessments.--Consistent with the
protection of classified information and controlled
unclassified information, the Secretary of Homeland Security
shall coordinate with appropriate Federal officials to
provide the National Network of Fusion Centers described in
subsection (a) with periodic assessments regarding the
overall threat from known or suspected terrorists currently
incarcerated in a Federal correctional facility, including
the assessed risks of such populations engaging in terrorist
activity upon release.
(d) Privacy Protections.--Prior to implementing subsection
(a), the Secretary of Homeland Security shall receive input
and advice from the Officer for Civil Rights and Civil
Liberties, the Officer for Privacy and the Chief Intelligence
Officer of the Department of Homeland Security.
(e) Rule of Construction.--Nothing in this section may be
construed as requiring the establishment of a list or
registry of individuals convicted of terrorism.
(f) Definition.--In this section, the term ``fusion
center'' has the meaning given the term in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as
amended by this Act.
SEC. 1318. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW
ENFORCEMENT.
Section 2006(b) of the Homeland Security Act of 2002 (6
U.S.C. 607(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Report.--For each of fiscal years 2019 through 2023,
the Assistant Secretary for State and Local Law Enforcement
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the activities of the Office for State and
[[Page S3668]]
Local Law Enforcement. Each such report shall include, for
the fiscal year covered by the report, a description of each
of the following:
``(A) Efforts to coordinate and share information regarding
Department and component agency programs with State, local,
and tribal law enforcement agencies.
``(B) Efforts to improve information sharing through the
Homeland Security Information Network by appropriate
component agencies of the Department and by State, local, and
tribal law enforcement agencies.
``(C) The status of performance metrics within the Office
for State and Local Law Enforcement to evaluate the
effectiveness of efforts to carry out responsibilities set
forth within this subsection.
``(D) Any feedback from State, local, and tribal law
enforcement agencies about the Office for State and Local Law
Enforcement, including the mechanisms utilized to collect
such feedback.
``(E) Efforts to carry out all other responsibilities of
the Office for State and Local Law Enforcement.''.
SEC. 1319. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY
TRAINING, PUBLICATIONS, PROGRAMS, AND SERVICES
FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL LAW
ENFORCEMENT AGENCIES.
Section 2006(b)(4) of the Homeland Security Act of 2002 (6
U.S.C. 607(b)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) produce an annual catalog that summarizes
opportunities for training, publications, programs, and
services available to State, local, tribal, and territorial
law enforcement agencies from the Department and from each
component and office within the Department and, not later
than 30 days after the date of such production, disseminate
the catalog, including by--
``(i) making such catalog available to State, local,
tribal, and territorial law enforcement agencies, including
by posting the catalog on the website of the Department and
cooperating with national organizations that represent such
agencies;
``(ii) making such catalog available through the Homeland
Security Information Network; and
``(iii) submitting such catalog to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
``(H) in coordination with appropriate components and
offices of the Department and other Federal agencies,
develop, maintain, and make available information on Federal
resources intended to support fusion center access to Federal
information and resources.''.
SEC. 1320. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by
subtitle A of this Act, is amended by adding at the end the
following:
``SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Office of Intelligence and Analysis
of the Department shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans
to conduct attacks involving chemical, biological,
radiological, or nuclear materials against the United States;
``(2) support homeland security-focused intelligence
analysis of global infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described
in paragraphs (1) and (2), including the transportation of
chemical, biological, nuclear, and radiological materials, by
providing relevant quantitative and nonquantitative threat
information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance
prevention, protection, response, and recovery efforts with
respect to a chemical, biological, radiological, or nuclear
attack;
``(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities, other Federal agencies, and relevant national
biosecurity and biodefense stakeholders, as appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of
Intelligence and Analysis shall coordinate with other
relevant Department components, including the Countering
Weapons of Mass Destruction Office, the National
Biosurveillance Integration Center, other agencies within the
intelligence community, including the National Counter
Proliferation Center, and other Federal, State, local, and
tribal authorities, including officials from high-threat
urban areas, State and major urban area fusion centers, and
local public health departments, as appropriate, and enable
such entities to provide recommendations on optimal
information sharing mechanisms, including expeditious sharing
of classified information, and on how such entities can
provide information to the Department.
``(c) Definitions.--In this section:
``(1) Fusion center.--The term `fusion center' has the
meaning given the term in section 210A.
``(2) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(3) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, and tribal
authorities and individuals from the private sector who are
involved in efforts to prevent, protect against, respond to,
and recover from a biological attack or other phenomena that
may have serious health consequences for the United States,
including infectious disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by subtitle A of this title,
is amended by inserting after the item relating to section
210I the following:
``Sec. 210J. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Secretary
of Homeland Security shall report to the appropriate
congressional committees on--
(A) the intelligence and information sharing activities
under section 210I of the Homeland Security Act of 2002 (as
added by subsection (a) of this section) and of all relevant
entities within the Department of Homeland Security to
counter the threat from attacks using chemical, biological,
radiological, or nuclear materials; and
(B) the Department's activities in accordance with relevant
intelligence strategies.
(2) Assessment of implementation.--The reports required
under paragraph (1) shall include--
(A) an assessment of the progress of the Office of
Intelligence and Analysis of the Department of Homeland
Security in implementing such section 210I; and
(B) a description of the methods established to carry out
such assessment.
(3) Termination.--This subsection shall terminate on the
date that is 5 years after the date of enactment of this Act.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Homeland Security and the Permanent
Select Committee on Intelligence of the House of
Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(C) any other committee of the House of Representatives or
the Senate having legislative jurisdiction under the rules of
the House of Representatives or Senate, respectively, over
the matter concerned.
(d) Dissemination of Information Analyzed by the Department
to State, Local, Tribal, and Private Entities With
Responsibilities Relating to Homeland Security.--Section
201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)(8)) is amended by striking ``and to agencies of
State'' and all that follows through the period at the end
and inserting ``to State, local, and tribal governments and
private entities with such responsibilities, and, as
appropriate, to the public, in order to assist in preventing,
deterring, or responding to acts of terrorism against the
United States.''.
SEC. 1321. DUTY TO REPORT.
(a) Duty Imposed.--Except as provided in subsection (c),
whenever an act of terrorism occurs in the United States, it
shall be the duty of the primary Government agency
investigating such act to submit, in collaboration with the
Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, and, as
appropriate, the Director of the National Counterterrorism
Center, an unclassified report (which may be accompanied by a
classified annex) to Congress concerning such act not later
than 1 year after the completion of the investigation.
Reports required under this subsection may be combined into a
quarterly report to Congress.
(b) Content of Reports.--Each report under this section
shall include--
(1) a statement of the facts of the act of terrorism
referred to in subsection (a), as known at the time of the
report;
(2) an explanation of any gaps in national security that
could be addressed to prevent future acts of terrorism;
(3) any recommendations for additional measures that could
be taken to improve homeland security, including potential
changes in law enforcement practices or changes in law, with
particular attention to changes that could help prevent
future acts of terrorism; and
(4) a summary of the report for public distribution.
(c) Exception.--The duty established under subsection (a)
shall not apply in instances in which the Secretary of
Homeland Security, the Attorney General, the Director of the
Federal Bureau of Investigation, or the head of the National
Counterterrorism Center determines that the information
required to be
[[Page S3669]]
reported could jeopardize an ongoing investigation or
prosecution. In such instances, the principal making such
determination shall notify Congress of such determination
before the first anniversary of the completion of the
investigation described in such subsection.
(d) Defined Term.--In this section, the term ``act of
terrorism'' has the meaning given the term in section 3077 of
title 18, United States Code.
SEC. 1322. STRATEGY FOR INFORMATION SHARING REGARDING
NARCOTICS TRAFFICKING IN INTERNATIONAL MAIL.
Not later than 180 days after the date of enactment of this
Act, the Secretary, in coordination with the Commissioner of
U.S. Customs and Border Protection, and other Federal
agencies, as appropriate, shall submit to Congress a strategy
to share counternarcotics information related to
international mail, including information about best
practices and known shippers of illegal narcotics, between--
(1) Department of Homeland Security components;
(2) the United States Postal Service;
(3) express consignment operators;
(4) peer-to-peer payment platforms; and
(5) other appropriate stakeholders.
SEC. 1323. CONSTITUTIONAL LIMITATIONS.
All intelligence gathering and information sharing
activities conducted by the Department of Homeland Security
under this title or an amendment made by this title shall be
carried out in accordance with the rights and protections
afforded by the Constitution of the United States.
TITLE IV--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Subtitle A--Grants, Training, Exercises, and Coordination
SEC. 1401. URBAN AREA SECURITY INITIATIVE.
Section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
604) is amended--
(1) in subsection (b)(2)(A), in the matter preceding clause
(i), by inserting ``, using the most up-to-date data
available,'' after ``assessment'';
(2) in subsection (d)(2), by amending subparagraph (B) to
read as follows:
``(B) Funds retained.--To ensure transparency and avoid
duplication, a State shall provide each relevant high-risk
urban area with a detailed accounting of the items, services,
or activities on which any funds retained by the State under
subparagraph (A) are to be expended. Such accounting shall be
provided not later than 90 days after the date on which such
funds are retained.''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Threat and Hazard Identification Risk Assessment and
Capability Assessment.--As a condition of receiving a grant
under this section, each high-risk urban area shall submit to
the Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(1) at such time and in such form as is required by the
Administrator; and
``(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second
Edition, or such successor document or guidance as is issued
by the Administrator.
``(f) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.
SEC. 1402. STATE HOMELAND SECURITY GRANT PROGRAM.
Section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605) is amended by striking subsection (f) and inserting the
following new subsections:
``(f) Threat and Hazard Identification and Risk Assessment
and Capability Assessment.--
``(1) In general.--As a condition of receiving a grant
under this section, each State shall submit to the
Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(A) at such time and in such form as is required by the
Administrator; and
``(B) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second
Edition, or such successor document or guidance as is issued
by the Administrator.
``(2) Collaboration.--In developing the threat and hazard
identification and risk assessment under paragraph (1), a
State shall solicit input from local and tribal governments,
including first responders, and, as appropriate,
nongovernmental and private sector stakeholders.
``(3) First responders defined.--In this subsection, the
term `first responders'--
``(A) means an emergency response provider; and
``(B) includes representatives of local governmental and
nongovernmental fire, law enforcement, emergency management,
and emergency medical personnel.
``(g) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.
SEC. 1403. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
Section 2005 of the Homeland Security Act of 2002 (6 U.S.C.
606) is amended by--
(1) redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.
SEC. 1404. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Section
2006(a) of the Homeland Security Act of 2002 (6 U.S.C.
607(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
expend'' after ``that''; and
(B) by striking ``is used'';
(2) in paragraph (2), by amending subparagraph (I) to read
as follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant Secretary
for State and Local Law Enforcement within the Office of
Partnership and Engagement of the Department, through
outreach to relevant stakeholder organizations; and''; and
(3) by adding at the end the following new paragraph:
``(4) Annual report.--The Administrator, in coordination
with the Assistant Secretary for State and Local Law
Enforcement, shall report annually from fiscal year 2018
through fiscal year 2022 on the use of grants under sections
2003 and 2004 for law enforcement terrorism prevention
activities authorized under this section, including the
percentage and dollar amount of funds used for such
activities and the types of projects funded.''.
(b) Office for State and Local Law Enforcement.--Section
2006(b) of the Homeland Security Act of 2002 (6 U.S.C.
607(b)) is amended--
(1) in paragraph (1), by striking ``Policy Directorate''
and inserting ``Office of Partnership and Engagement''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, including through
consultation with such agencies regarding Department programs
that may impact such agencies'' before the semicolon at the
end; and
(B) in subparagraph (D), by striking ``ensure'' and
inserting ``verify''.
SEC. 1405. PRIORITIZATION.
Section 2007(a) of the Homeland Security Act of 2002 (6
U.S.C. 608(a)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) its population, including consideration of domestic
and international tourists, commuters, and military
populations, including military populations residing in
communities outside military installations;'';
(B) in subparagraph (E), by inserting ``, including threat
information from other relevant Federal agencies and field
offices, as appropriate'' before the semicolon at the end;
and
(C) in subparagraph (I), by striking ``target'' and
inserting ``core''; and
(2) in paragraph (2), by striking ``target'' and inserting
``core''.
SEC. 1406. ALLOWABLE USES.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C.
609) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``target'' and inserting ``core'';
(B) in paragraph (5), by inserting before the semicolon at
the end the following: ``, provided such emergency
communications align with the Statewide Communication
Interoperability Plan and are coordinated with the Statewide
Interoperability Coordinator or Statewide interoperability
governance body of the State of the recipient'';
(C) by striking paragraph (14);
(D) by redesignating paragraphs (6) through (13) as
paragraphs (8) through (15), respectively;
(E) by inserting after paragraph (5) the following new
paragraphs:
``(6) enhancing medical preparedness, medical surge
capacity, and mass prophylaxis capabilities, including the
development and maintenance of an initial pharmaceutical
stockpile, including medical kits and diagnostics sufficient
to protect first responders (as defined in section 2004(f)),
their families, immediate victims, and vulnerable populations
from a chemical or biological event;
``(7) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents (as such
terms are defined in section 2209) and developing statewide
cyber threat information analysis and dissemination
activities;'';
(F) in paragraph (8), as so redesignated, by striking
``Homeland Security Advisory System'' and inserting
``National Terrorism Advisory System'';
(G) in paragraph (14), as so redesignated--
(i) by striking ``3'' and inserting ``5''; and
(ii) by adding ``and'' at the end; and
(H) in paragraph (15), as so redesignated, by striking ``;
and'' and inserting a period;
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)'' and
inserting ``(a)(12)''; and
(B) in paragraph (4)(B)(i), by striking ``target'' and
inserting ``core''; and
(3) in subsection (c), by striking ``target'' and inserting
``core''.
SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT.
(a) In General.--Section 2008 of the Homeland Security Act
of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (f)--
(A) by striking ``If an applicant'' and inserting the
following:
[[Page S3670]]
``(1) Application requirement.--If an applicant''; and
(B) by adding at the end the following:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in
accordance with paragraph (1), contain explanations for a
proposal to use grants provided under section 2003 or 2004 to
purchase equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards developed
under section 647 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 747).
``(3) Factors.--In carrying out the review process under
paragraph (2), the Administrator shall consider the
following:
``(A) Current or past use of proposed equipment or systems
by Federal agencies or the Armed Forces.
``(B) The absence of a national voluntary consensus
standard for such equipment or systems.
``(C) The existence of an international consensus standard
for such equipment or systems, and whether such equipment or
systems meets such standard.
``(D) The nature of the capability gap identified by the
applicant, and how such equipment or systems will address
such gap.
``(E) The degree to which such equipment or systems will
serve the needs of the applicant better than equipment or
systems that meet or exceed existing consensus standards.
``(F) Any other factor determined appropriate by the
Administrator.''; and
(2) by adding at the end the following new subsection:
``(g) Review Process.--The Administrator shall implement a
uniform process for reviewing applications to use grants
provided under section 2003 or 2004 to purchase equipment or
systems not included on the Authorized Equipment List
maintained by the Administrator.''.
(b) Inspector General Report.--Not later than 3 years after
the date of enactment of this Act, the Inspector General of
the Department of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report assessing the
implementation of the review process established under
paragraph (2) of subsection (f) of section 2008 of the
Homeland Security Act of 2002 (as added by subsection (a) of
this section), including information on the following:
(1) The number of requests to purchase equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standard evaluated under such review process.
(2) The capability gaps identified by applicants and the
number of such requests granted or denied.
(3) The processing time for the review of such requests.
SEC. 1408. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO
ACQUIRE NEW OR EMERGING TECHNOLOGIES AND
CAPABILITIES.
The Secretary of Homeland Security may authorize an
explosive ordnance disposal unit to acquire new or emerging
technologies and capabilities that are not specifically
provided for in the authorized equipment allowance for the
unit, as such allowance is set forth in the Authorized
Equipment List maintained by the Administrator of the Federal
Emergency Management Agency.
SEC. 1409. MEMORANDA OF UNDERSTANDING.
(a) In General.--Subtitle B of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 611 et seq.) is amended by
adding at the end the following new section:
``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL
COMPONENTS AND OFFICES REGARDING THE POLICY AND
GUIDANCE.
``The Administrator shall enter into memoranda of
understanding with the heads of the following departmental
components and offices delineating the roles and
responsibilities of such components and offices regarding the
policy and guidance for grants under section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1135), sections 2003 and 2004 of this Act, and
section 70107 of title 46, United States Code, as
appropriate:
``(1) The Commissioner of U.S. Customs and Border
Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Assistant Director for Emergency Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Countering Violent Extremism Coordinator.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The Chief Medical Officer.
``(10) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices regarding the policy and guidance.''.
SEC. 1410. GRANTS METRICS.
(a) In General.--To determine the extent to which grants
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 603, 604) have closed capability gaps
identified in State Preparedness Reports required under
subsection (c) of section 652 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 752; title VI of the
Department of Homeland Security Appropriations Act, 2007;
Public Law 109-295) and Threat and Hazard Identification and
Risk Assessments required under subsections (e) and (f) of
such sections 2003 and 2004, respectively, as added by this
Act, from each State and high-risk urban area, the
Administrator of the Federal Emergency Management Agency
shall conduct and submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate an assessment of information provided in those
reports and assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include--
(1) a comparison of successive State Preparedness Reports
and Threat and Hazard Identification and Risk Assessments
that aggregates results across the States and high-risk urban
areas; and
(2) an assessment of the value and usefulness of State
Preparedness Reports and Threat and Hazard Identification and
Risk Assessments, including--
(A) the degree to which such reports and assessments are
data-driven and empirically supported;
(B) the degree to which such reports and assessments have
informed grant award decisions by the Federal Emergency
Management Agency;
(C) the degree to which grant award decisions by the
Federal Emergency Management Agency have demonstrably reduced
the risks identified in such reports and assessments;
(D) the degree to which such reports and assessments align
with Federal risk assessments, including counterterrorism
risk assessments, and the degree to which grant award
decisions by the Federal Emergency Management Agency have
reduced those federally identified risks;
(E) the degree to which capability gaps identified in such
reports and assessments have been mitigated; and
(F) options for improving State Preparedness Reports and
Threat and Hazard Identification and Risk Assessments so that
they better inform and align with grant award decisions by
the Federal Emergency Management Agency.
(c) Inspector General Evaluation.--The Inspector General of
the Department of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report evaluating the
assessment conducted by the Administrator of the Federal
Emergency Management Agency under subsection (a).
SEC. 1411. GRANT MANAGEMENT BEST PRACTICES.
The Administrator of the Federal Emergency Management
Agency shall include on the website of the Federal Emergency
Management Agency the following:
(1) A summary of findings identified by the Office of the
Inspector General of the Department of Homeland Security in
audits of grants under sections 2003 and 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 603, 604) and methods to
address areas identified for improvement, including
opportunities for technical assistance.
(2) Innovative projects and best practices instituted by
grant recipients.
SEC. 1412. PROHIBITION ON CONSOLIDATION.
(a) In General.--The Secretary of Homeland Security may not
implement the National Preparedness Grant Program or any
successor consolidated grant program unless the Secretary
receives prior authorization from Congress permitting such
implementation.
(b) Study.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall conduct a study of consolidating preparedness grant
programs to--
(1) determine if the consolidated grant program would be
more efficient, effective, and cost effective; and
(2) assess whether the responsibility for managing the
preparedness grant programs should be relocated within the
Department of Homeland Security.
SEC. 1413. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C.
609), as amended by section 1407, is amended by adding at the
end the following new subsection:
``(h) Maintenance of Equipment.--Any applicant for a grant
under section 2003 or 2004 seeking to use funds to purchase
equipment, including pursuant to paragraphs (3), (4), (5), or
(12) of subsection (a) of this section, shall by the time of
the receipt of such grant develop a plan for the maintenance
of such equipment over its life-cycle that includes
information identifying which entity is responsible for such
maintenance.''.
SEC. 1414. TRANSIT SECURITY GRANT PROGRAM.
Section 1406 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135) is amended--
[[Page S3671]]
(1) in subsection (b)(2)(A), by inserting ``and costs
associated with filling the positions of employees receiving
training during their absence'' after ``security training'';
and
(2) by striking subsection (m) and inserting the following
new subsections:
``(m) Periods of Performance.--Funds provided pursuant to a
grant awarded under this section for a use specified in
subsection (b) shall remain available for use by a grant
recipient for a period of not fewer than 36 months.''.
SEC. 1415. PORT SECURITY GRANT PROGRAM.
Section 70107 of title 46, United States Code, is amended
by--
(1) striking subsection (l);
(2) redesignating subsection (m) as subsection (l); and
(3) by adding at the end the following new subsections:
``(m) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36
months.''.
SEC. 1416. CYBER PREPAREDNESS.
(a) In General.--Section 2209 of the Homeland Security Act
of 2002, as so redesignated by section 1601(g), is amended--
(1) in subsection (c)--
(A) in paragraph (5)(B), by inserting ``, including the
National Network of Fusion Centers (as defined in section
210A), as appropriate'' before the semicolon at the end;
(B) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``information and recommendations'' each
place it appears and inserting ``information,
recommendations, and best practices''; and
(C) in paragraph (9), by inserting ``best practices,''
after ``defensive measures,''; and
(2) in subsection (d)(1)(B)(ii), by inserting ``and State,
local, and regional fusion centers (as defined in section
201A), as appropriate'' before the semicolon at the end.
(b) Sense of Congress.--It is the sense of Congress that to
facilitate the timely dissemination to appropriate State,
local, and private sector stakeholders of homeland security
information related to cyber threats, the Secretary of
Homeland Security should, to the greatest extent practicable,
work to share actionable information in an unclassified form
related to such threats.
SEC. 1417. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden'.
Under such program, the Secretary, acting through the
Administrator, shall make grants to eligible law enforcement
agencies, through the State Administrative Agency, to enhance
border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border; and
``(2) be involved in an active, ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
``(1) Equipment, including maintenance and sustainment
costs.
``(2) Personnel costs, including overtime and backfill,
directly incurred in support of enhanced border law
enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2016
Homeland Security Grant Program Notice of Funding
Opportunity.
``(4) Any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall make
funds provided under this section available for use by a
recipient of a grant for a period of not less than 36 months.
``(e) Collection of Information.--For any fiscal year
beginning on or after the date that is 30 days after the date
of enactment of this section for which grants are made under
Operation Stonegarden, the Administrator shall separately
collect and maintain financial information with respect to
grants awarded under Operation Stonegarden, which shall
include--
``(1) the amount of the awards;
``(2) the amount obligated for the awards;
``(3) the amount of outlays under the awards;
``(4) financial plans with respect to the use of the
awards;
``(5) any funding transfers or reallocations; and
``(6) any adjustments to spending plans or reprogramming.
``(f) Oversight by the Administrator.--
``(1) In general.--The Administrator shall establish and
implement guidelines--
``(A) to ensure that amounts made available under Operation
Stonegarden are used in accordance with grant guidance and
Federal laws;
``(B) to improve program performance reporting and program
performance measurements to facilitate designing,
implementing, and enforcing procedures under Operation
Stonegarden; and
``(C) that require the recording of standardized
performance data regarding program output.
``(2) Submission.--Not later than 90 days after the date of
enactment of this section, the Administrator shall submit to
the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the guidelines established
under paragraph (1).
``(g) Financial Review Guidelines.--
``(1) In general.--The Administrator, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall
develop and implement guidelines establishing procedures for
implementing the auditing and reporting requirements under
section 2022 with respect to Operation Stonegarden.
``(2) Submission.--Not later than 90 days after the date of
enactment of this section, the Administrator shall submit to
the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the guidelines established
under paragraph (1).
``(h) Report and Briefing.--The Administrator, in
coordination with the Commissioner of U.S. Customs and Border
Protection, shall, at least annually during each of fiscal
years 2018 through 2022, submit to the Committee on Homeland
Security and the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report and
briefing including--
``(1) for the period covered by the report--
``(A) information on how each recipient of a grant under
Operation Stonegarden expended amounts received under the
grant;
``(B) a list of all operations carried out using amounts
made available under Operation Stonegarden; and
``(C) for each operation described in subparagraph (B)--
``(i) whether the operation is active or completed;
``(ii) the targeted purpose of the operation;
``(iii) the location of the operation; and
``(iv) the total number of hours worked by employees of the
grant recipient and by employees of U.S. Customs and Border
Protection with respect to the operation, including the
number of hours for which such employees received basic pay
and the number of hours for which such employees received
premium pay, by type of premium pay; and
``(2) in the first report submitted under this subsection--
``(A) an examination of the effects changing the Operation
Stonegarden Program to award multi-year grants would have on
the mission of the program; and
``(B) the findings and recommendations of the Administrator
regarding what changes could improve the program to better
serve the program mission, which may include feedback from
grant recipients.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by inserting after the item
relating to section 2008 the following:
``Sec. 2009. Operation Stonegarden.''.
SEC. 1418. NON-PROFIT SECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.), as amended by
section 1417 of this Act, is amended by adding at the end the
following:
``SEC. 2010. NON-PROFIT SECURITY GRANT PROGRAM.
``(a) Establishment.--There is established in the
Department a program to be known as the `Non-Profit Security
Grant Program' (in this section referred to as the
`Program'). Under the Program, the Secretary, acting through
the Administrator, shall make grants to eligible nonprofit
organizations described in subsection (b), through the State
in which such organizations are located, for target hardening
and other security enhancements to protect against terrorist
attacks.
``(b) Eligible Recipients.--Eligible nonprofit
organizations described in this subsection (a) are
organizations that are--
``(1) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code; and
``(2) determined to be at risk of a terrorist attack by the
Administrator.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for any of the following:
``(1) Target hardening activities, including physical
security enhancement equipment and inspection and screening
systems.
``(2) Fees for security training relating to physical
security and cybersecurity, target hardening, terrorism
awareness, and employee awareness.
``(3) Any other appropriate activity related to security or
security training, as determined by the Administrator.
``(d) Allocation.--The Administrator shall ensure that not
less than an amount equal to 30 percent of the total funds
appropriated for grants under the Program for each fiscal
year is used for grants to eligible nonprofit organizations
described in subsection (b) that are located in jurisdictions
not receiving funding under section 2003.
``(e) Period of Performance.--The Administrator shall make
funds provided under this section available for use by a
recipient
[[Page S3672]]
of a grant for a period of not less than 36 months.''.
(b) Conforming Amendment.--Subsection (a) of section 2002
of the Homeland Security Act of 2002 (6 U.S.C. 603) is
amended by striking ``sections 2003 and 2004'' and inserting
``sections 2003, 2004, and 2010''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1417(b), is
amended by inserting after the item relating to section 2009
the following:
``Sec. 2010. Non-Profit Security Grant Program.''.
SEC. 1419. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY.
Not later than 120 days after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study on the use of grant funds awarded pursuant to
section 2003 and section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604, 605), including information on the
following:
(1) The amount of grant funds invested or obligated
annually during fiscal years 2006 through 2016 to support
efforts to prepare for and respond to cybersecurity risks and
incidents (as such terms are defined in section 2209 of such
Act, as so redesignated by section 1601(g) of this Act).
(2) The degree to which grantees identify cybersecurity as
a capability gap in the Threat and Hazard Identification and
Risk Assessment required under subsections (e) and (f) of
sections 2003 and 2004 of such Act (6 U.S.C. 604, 605), as
added by this Act.
(3) Obstacles and challenges related to using grant funds
to improve cybersecurity.
(4) Plans for future efforts to encourage grantees to use
grant funds to improve cybersecurity capabilities.
SEC. 1420. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.
``(a) In General.--The Administrator, in consultation with
the Director of the National Counterterrorism Center and the
Director of the Federal Bureau of Investigation, shall
establish a Joint Counterterrorism Awareness Workshop Series
(in this section referred to as the `Workshop Series') to--
``(1) address emerging terrorist threats; and
``(2) enhance the ability of State and local jurisdictions
to prevent, protect against, respond to, and recover from
terrorist attacks.
``(b) Purpose.--The Workshop Series established under
subsection (a) shall include--
``(1) reviewing existing preparedness, response, and
interdiction plans, policies, and procedures related to
terrorist attacks of the participating jurisdictions and
identifying gaps in those plans, operational capabilities,
response resources, and authorities;
``(2) identifying Federal, State, and local resources
available to address the gaps identified under paragraph (1);
``(3) providing assistance, through training, exercises,
and other means, to build or sustain, as appropriate, the
capabilities to close those identified gaps;
``(4) examining the roles and responsibilities of
participating agencies and respective communities in the
event of a terrorist attack;
``(5) improving situational awareness and information
sharing among all participating agencies in the event of a
terrorist attack; and
``(6) identifying and sharing best practices and lessons
learned from the Workshop Series.
``(c) Designation of Participating Cities.--The
Administrator shall select jurisdictions to host a Workshop
Series from those cities that--
``(1) are currently receiving, or that previously received,
funding under section 2003; and
``(2) have requested to be considered.
``(d) Workshop Series Participants.--Individuals from State
and local jurisdictions and emergency response providers in
cities designated under subsection (c) shall be eligible to
participate in the Workshop Series, including--
``(1) senior elected and appointed officials;
``(2) law enforcement;
``(3) fire and rescue;
``(4) emergency management;
``(5) emergency medical services;
``(6) public health officials;
``(7) private sector representatives;
``(8) representatives of nonprofit organizations; and
``(9) other participants as deemed appropriate by the
Administrator.
``(e) Reports.--
``(1) Workshop series report.--The Administrator, in
consultation with the Director of the National
Counterterrorism Center, the Director of the Federal Bureau
of Investigation, and officials from the city in which a
Workshop Series is held, shall develop and submit to all of
the agencies participating in the Workshop Series a report
after the conclusion of the Workshop Series that addresses--
``(A) key findings about lessons learned and best practices
from the Workshop Series; and
``(B) potential mitigation strategies and resources to
address gaps identified during the Workshop Series.
``(2) Annual reports.--Not later than 1 year after the date
of enactment of this section and annually thereafter for 5
years, the Administrator, in consultation with the Director
of the National Counterterrorism Center and the Director of
the Federal Bureau of Investigation, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a comprehensive summary report of
the key themes, lessons learned, and best practices
identified during the Workshop Series held during the
previous year.
``(f) Authorization.--There is authorized to be
appropriated $1,000,000 for each of fiscal years 2018 through
2022 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 528 the following:
``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''.
SEC. 1421. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL;
NATIONAL EXERCISE PROGRAM.
(a) Exercise on Terrorist and Foreign Fighter Travel.--
(1) In general.--In addition to, or as part of, exercise
programs carried out by the Department of Homeland Security
as of the date of enactment of this Act, to enhance domestic
preparedness for and collective response to terrorism,
promote the dissemination of homeland security information,
and test the security posture of the United States, the
Secretary of Homeland Security, through appropriate offices
and components of the Department of Homeland Security and in
coordination with the relevant Federal departments and
agencies, shall, not later than 1 year after the date of
enactment of this Act, develop and conduct an exercise
related to the terrorist and foreign fighter threat.
(2) Exercise requirements.--The exercise required under
paragraph (1) shall include--
(A) a scenario involving--
(i) persons traveling from the United States to join or
provide material support or resources to a terrorist
organization abroad; and
(ii) terrorist infiltration into the United States,
including United States citizens and foreign nationals; and
(B) coordination with relevant Federal departments and
agencies, foreign governments, and State, local, tribal,
territorial, and private sector stakeholders.
(3) Report.--
(A) In general.--Not later than 60 days after the
completion of the exercise required under paragraph (1), the
Secretary of Homeland Security shall, consistent with the
protection of classified information, submit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives an after-action report presenting the initial
findings of the exercise, including any identified or
potential vulnerabilities in United States defenses and any
legislative changes requested in light of the findings.
(B) Form.--The report required under subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Emerging Threats in the National Exercise Program.--
Section 648(b)(2)(A) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding after clause (vi) the following:
``(vii) designed, to the extent practicable, to include
exercises addressing emerging terrorist threats, such as
scenarios involving United States citizens departing the
United States to enlist with or provide material support or
resources to terrorist organizations abroad or terrorist
infiltration into the United States, including United States
citizens and foreign nationals; and''.
(c) No Additional Funds Authorized.--No additional funds
are authorized to carry out the requirements of this section
and the amendments made by this section. The requirements of
this section and the amendments made by this section shall be
carried out using amounts otherwise authorized.
SEC. 1422. GRANTS ACCOUNTABILITY.
Section 2022 of the Homeland Security Act of 2002 (6.
U.S.C. 612) is amended--
(1) in subsection (a)(1)(B)--
(A) by striking ``The Department'' and inserting the
following:
``(i) In general.--The Department''; and
(B) by adding at the end the following:
``(ii) Inspector general review.--With respect to each
grant awarded, the Inspector General of the Department may--
``(I) examine any records of the contractor or grantee, any
of its subcontractors or subgrantees, or any State or local
agency or other entity in receipt of or administering any
grant awarded, that pertain to, and involve transactions
relating to the contract, subcontract, grant, or subgrant;
and
``(II) interview any officer or employee of the contractor
or grantee, any of its subcontractors or subgrantees, or any
State or local agency or other entity in receipt of or
administering any grant awarded, regarding transactions
relating to the contract, subcontract, grant, or subgrant.
[[Page S3673]]
``(iii) Rule of construction.--Nothing in clause (ii) may
be construed to limit or restrict the authority of the
Inspector General of the Department.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``a grant under section 2003 or 2004'' and
inserting ``a covered grant, any recipient, including'';
(II) by inserting a comma after ``tribe''; and
(III) by inserting ``or the Secretary, as appropriate under
the covered grant,'' after ``Administrator'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting
``recipient, including any'' after ``for the applicable'';
(II) in clause (i), by striking ``section 2003 or 2004''
and inserting ``the covered grant'';
(III) in clause (ii)--
(aa) by striking ``section 2003 or 2004'' and inserting
``the covered grant''; and
(bb) by striking ``and'' at the end;
(IV) in clause (iii)--
(aa) by striking ``summary'' and inserting ``detailed'';
and
(bb) by striking ``such funds'' and all that follows
through the period at the end and inserting the following:
``such funds, including--
``(I) the name of the recipient and the project or
activity;
``(II) a detailed description of the project or activity;
``(III) an evaluation of the completion status of the
project or activity;
``(IV) in the case of an infrastructure investment--
``(aa) the purpose, total expected cost, and rationale for
funding the infrastructure investment with funds made
available; and
``(bb) the name of the point of contact for the recipient
if there are questions concerning the infrastructure
investment; and
``(V) detailed information from each subgrantee, including
the information described in subparagraphs (I) through (IV),
on any subgrant awarded by the recipient; and''; and
(V) by adding at the end the following:
``(iv) the total amount of funds received to date under
each covered grant.'';
(iii) in subparagraph (C)--
(I) in the matter preceding clause (i)--
(aa) by striking ``subparagraph (A) by a'' and inserting
``subparagraph (A) by any recipient, including any'';
(bb) by inserting a comma after ``tribe''; and
(cc) by inserting ``, in addition to the contents required
under subparagraph (B)'' after ``shall include'';
(II) in clause (ii)--
(aa) by inserting ``total'' before ``amount''; and
(bb) by adding ``and'' at the end;
(III) in clause (iii)--
(aa) by striking ``apply within'' and inserting ``apply to
or within any recipient, including''; and
(bb) by striking ``; and'' and inserting a period; and
(IV) by striking clause (iv); and
(B) by adding at the end the following:
``(3) Required reporting for prior awarded grants.--Not
later than 180 days after the end of the quarter following
the date of enactment of this paragraph, each recipient of a
covered grant awarded before the date of enactment of this
paragraph shall provide the information required under this
subsection and thereafter comply with the requirements of
this subsection.
``(4) Assistance in reporting.--The Administrator or the
Secretary, as appropriate under the covered grant, in
coordination with the Director of the Office of Management
and Budget, shall provide for user-friendly means for grant
recipients to comply with the reporting requirements of this
subsection.
``(5) Subgrantee reporting.--Each grant recipient required
to report information under paragraph (1)(B)(iii)(V) shall
register with the System for Award Management database or
complete other registration requirements as determined
necessary by the Director of the Office of Management and
Budget.
``(6) Publication of information.--Not later than 7 days
after the date on which the Administrator or the Secretary,
as the case may be, receives the reports required to be
submitted under this subsection, the Administrator and the
Secretary shall make the information in the reports publicly
available, in a searchable database, on the website of the
Federal Emergency Management Agency or Department, as
appropriate.
``(7) Covered grant defined.--In this subsection, the term
`covered grant' means a grant awarded under--
``(A) this Act; or
``(B) a program described in paragraphs (1) through (6) of
section 2002(b) that is administered by the Department.'';
and
(3) by adding at the end the following:
``(d) Sunset and Disposition of Unexpended Grant Amounts.--
``(1) In general.--Except as may be otherwise provided in
the authorizing statute of a grant program, effective on the
date that is 5 years after the date on which grant funds are
distributed by the Administrator or the Secretary, as
appropriate, under a covered grant (as defined in subsection
(b)(7)), the authority of a covered grant recipient,
including any grantee or subgrantee, to obligate, provide,
make available, or otherwise expend those funds is
terminated.
``(2) Return of unexpended grant amounts.--Upon the
termination of authority under paragraph (1), any grant
amounts that have not been expended shall be returned to the
Administrator or the Secretary, as the case may be. The
Administrator or the Secretary, as the case may be, shall
deposit any grant amounts returned under this paragraph in
the General Fund of the Treasury in accordance with section
3302 of title 31, United States Code.
``(3) Awards to recipients returning grant funds.--On and
after the date on which the authority of a covered grant
recipient is terminated under paragraph (1) with respect to a
grant under a covered grant program, the Administrator or the
Secretary, as appropriate, may award a grant under the
covered grant program to the covered grant recipient, only
pursuant to the submission of a new grant application, in
accordance with the requirements of the grant program.
``(4) Applicability.--This subsection shall apply to any
grant awarded under a covered grant program on or after the
date of enactment of this subsection.''.
Subtitle B--Communications
SEC. 1431. RESPONSIBILITIES OF ASSISTANT DIRECTOR FOR
EMERGENCY COMMUNICATIONS.
(a) In General.--Section 1801(c) of the Homeland Security
Act of 2002 (6 U.S.C. 571(c)) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (14) as
paragraphs (3) through (13), respectively;
(3) by redesignating paragraph (15) as paragraph (16);
(4) in paragraph (8), as so redesignated, by striking ``,
in cooperation with the National Communications System,'';
(5) in paragraph (11), as so redesignated, by striking
``Assistant Secretary for Grants and Training'' and inserting
``Administrator of the Federal Emergency Management Agency'';
(6) in paragraph (13), as so redesignated, by striking
``and'' at the end; and
(7) by inserting after paragraph (13) the following:
``(14) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority
Service (WPS) programs, or successor programs;
``(15) assess the impact of emerging technologies on
interoperable emergency communications; and''.
(b) Performance of Previously Transferred Functions.--
Section 1801(d) of the Homeland Security Act of 2002 (6
U.S.C. 571(d)) is amended by--
(1) striking paragraph (2); and
(2) redesignating paragraph (3) as paragraph (2).
SEC. 1432. ANNUAL REPORTING ON ACTIVITIES OF THE EMERGENCY
COMMUNICATIONS DIVISION.
Section 1801(f) of the Homeland Security Act of 2002 (6
U.S.C. 571(f)) is amended to read as follows:
``(f) Annual Reporting of Division Activities.--The
Assistant Director for Emergency Communications shall, not
later than 1 year after the date of the enactment of this
subsection and annually thereafter for each of the next 4
years, report to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the activities and
programs of the Emergency Communications Division, including
specific information on efforts to carry out paragraphs (3),
(4), and (5) of subsection (c).''.
SEC. 1433. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
Section 1802 of the Homeland Security Act of 2002 (6 U.S.C.
572) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``, and in cooperation with the Department
of National Communications System (as appropriate),''; and
(B) by inserting ``, but not less than once every 5
years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.
SEC. 1434. TECHNICAL EDIT.
Section 1804(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 574(b)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Grants and Planning'' and inserting ``Administrator of the
Federal Emergency Management Agency''.
SEC. 1435. COMMUNICATIONS TRAINING.
The Under Secretary for Management of the Department of
Homeland Security, in coordination with the appropriate
component heads, shall develop a mechanism, consistent with
the strategy required pursuant to section 4 of the Department
of Homeland Security Interoperable Communications Act (Public
Law 114-29; 6 U.S.C. 194 note), to verify that radio users
within the Department receive initial and ongoing training on
the use of the radio systems of such components, including
interagency radio use protocols.
[[Page S3674]]
Subtitle C--Other Matters
SEC. 1451. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title V.--Title V of the Homeland Security Act of 2002
(6 U.S.C. 311 et seq.) is amended as follows:
(1) In section 501 (6 U.S.C. 311)--
(A) by redesignating paragraphs (9) through (14) as
paragraphs (10) through (15), respectively; and
(B) by inserting after paragraph (8) the following new
paragraph:
``(9) the term `Nuclear Incident Response Team' means a
resource that includes--
``(A) those entities of the Department of Energy that
perform nuclear or radiological emergency support functions
(including accident response, search response, advisory, and
technical operations functions), radiation exposure functions
at the medical assistance facility known as the Radiation
Emergency Assistance Center/Training Site (REAC/TS),
radiological assistance functions, and related functions; and
``(B) those entities of the Environmental Protection Agency
that perform such support functions (including radiological
emergency response functions) and related functions.''.
(2) By striking section 502 (6 U.S.C. 312).
(3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by
striking ``, the National Disaster Medical System,''.
(4) In section 506 (6 U.S.C. 316)--
(A) by striking subsection (b);
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c) respectively; and
(C) in subsection (b), as so redesignated, by striking
``section 708'' each place it appears and inserting ``section
707''.
(5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the
matter preceding subparagraph (A), by striking ``section
708'' and inserting ``section 707''.
(b) Title XX.--Title XX of the Homeland Security Act of
2002 (6 U.S.C. 601 et seq.) is amended--
(1) in section 2001 (6 U.S.C. 601)--
(A) by striking paragraph (13);
(B) by redesignating paragraphs (3) through (12) as
paragraphs (4) through (13), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Core capabilities.--The term `core capabilities'
means the capabilities for Federal, State, local, and tribal
government preparedness for which guidelines are required to
be established under section 646(a) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).'';
(2) in subsection (k)(1) of section 2005 (6 U.S.C. 606), as
so redesignated by section 1403, by striking ``target'' and
inserting ``core''; and
(3) in section 2021(d)(3) (6 U.S.C. 611(d)(3)), by striking
``target'' each place it appears and inserting ``core''.
(c) Implementing Recommendations of the 9/11 Commission Act
of 2007.--Section 1204 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (b)(4), by striking ``Rescue'' and
inserting ``Recovery''; and
(2) in subsection (d)(2), by striking ``Rescue'' and
inserting ``Recovery''.
TITLE V--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 1501. SHORT TITLE.
This title may be cited as the ``FEMA Reauthorization Act
of 2018''.
SEC. 1502. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT
AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each
place the term appears and inserting ``management and
administration'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2018, $1,049,000,000;
``(5) for fiscal year 2019, $1,065,784,000; and
``(6) for fiscal year 2020, $1,082,836,544.''.
SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
(1) in subsection (c), by inserting ``to the extent
practicable, provide training in settings that simulate real
response environments, such as urban areas,'' after
``levels,'';
(2) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Center for Domestic Preparedness--
``(A) $63,939,000 for fiscal year 2018;
``(B) $64,962,024 for fiscal year 2019; and
``(C) $66,001,416 for fiscal year 2020; and
``(2) for the members of the National Domestic Preparedness
Consortium described in paragraphs (2) through (7) of
subsection (b)--
``(A) $101,000,000 for fiscal year 2018;
``(B) $102,606,000 for fiscal year 2019; and
``(C) $104,247,856 for fiscal year 2020.''; and
(3) in subsection (e)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each of the following entities'' and
inserting ``members of the National Domestic Preparedness
Consortium enumerated in subsection (b)''; and
(ii) by striking ``2007--'' and inserting ``2015.'' and
(B) by striking paragraphs (1) through (5).
SEC. 1504. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary of Homeland Security is
authorized to establish a Rural Domestic Preparedness
Consortium within the Department of Homeland Security
consisting of universities and nonprofit organizations
qualified to provide training to emergency response providers
(as defined in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101)) from rural communities (as defined by the
Federal Emergency Management Agency).
(b) Duties.--The Rural Domestic Preparedness Consortium
authorized under subsection (a) shall identify, develop,
test, and deliver training to State, local, and tribal
emergency response providers from rural communities, provide
on-site and mobile training, and facilitate the delivery of
training by the training partners of the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts
appropriated for Continuing Training Grants of the Department
of Homeland Security, $5,000,000 is authorized to be used for
the Rural Domestic Preparedness Consortium authorized under
subsection (a).
SEC. 1505. CENTER FOR FAITH-BASED AND NEIGHBORHOOD
PARTNERSHIPS.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 1420 of
this Act, is amended by adding at the end the following:
``SEC. 530. CENTER FOR FAITH-BASED AND NEIGHBORHOOD
PARTNERSHIPS.
``(a) In General.--There is established in the Agency a
Center for Faith-Based and Neighborhood Partnerships, headed
by a Director appointed by the Secretary.
``(b) Mission.--The mission of the Center shall be to
develop and coordinate departmental outreach efforts with
faith-based and community organizations and serve as a
liaison between those organizations and components of the
Department for activities related to securing facilities,
emergency preparedness and response, and combating human
trafficking.
``(c) Responsibilities.--In support of the mission of the
Center for Faith-Based and Neighborhood Partnerships, the
Director shall--
``(1) develop exercises that engage faith-based and
community organizations to test capabilities for all hazards,
including active shooter incidents;
``(2) coordinate the delivery of guidance and training to
faith-based and community organizations related to securing
their facilities against natural disasters, acts of
terrorism, and other man-made disasters;
``(3) conduct outreach to faith-based and community
organizations regarding guidance, training, and exercises and
departmental capabilities available to assist faith-based and
community organizations to secure their facilities against
natural disasters, acts of terrorism, and other man-made
disasters;
``(4) facilitate engagement and coordination among the
emergency management community and faith-based and community
organizations;
``(5) deliver training and technical assistance to faith-
based and community organizations and provide subject-matter
expertise related to anti-human trafficking efforts to help
communities successfully partner with other components of the
Blue Campaign of the Department; and
``(6) perform any other duties as assigned by the
Administrator.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1420, is amended
by inserting after the item relating to section 529 the
following:
``Sec. 530. Center For Faith-Based And Neighborhood Partnerships.''.
SEC. 1506. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (14) of section 504(a) of the
Homeland Security Act of 2002 (6 U.S.C. 314(a)), as so
redesignated by section 1520, is amended by inserting ``,
periodically updating (but not less often than once every 5
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
753) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination.--The President, acting through the
Administrator, shall develop and provide to Federal
departments and agencies with coordinating, primary, or
supporting responsibilities under the National Response
Framework performance metrics to ensure readiness to execute
responsibilities under the emergency support functions of the
National Response Framework.''.
SEC. 1507. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Section 509(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 319(b)(2)) is amended, in the matter preceding
subparagraph (A), by inserting ``, but not less often than
once every 5 years,'' after ``periodically''.
SEC. 1508. REMEDIAL ACTION MANAGEMENT PROGRAM.
Section 650 of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 750) is amended to read as follows:
``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
``(a) In General.--The Administrator, in coordination with
the National Council on
[[Page S3675]]
Disability and the National Advisory Council, shall establish
a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices described in
paragraph (1); and
``(3) conduct remedial action tracking and long-term trend
analysis.
``(b) Federal Corrective Actions.--The Administrator, in
coordination with the heads of appropriate Federal
departments and agencies, shall--
``(1) utilize the program established under subsection (a)
to collect information on corrective actions identified by
such Federal departments and agencies during exercises and
the response to natural disasters, acts of terrorism, and
other man-made disasters; and
``(2) not later than 1 year after the date of the enactment
of the FEMA Reauthorization Act of 2018 and annually
thereafter for each of the next 4 years, submit to Congress a
report on the status of those corrective actions.
``(c) Dissemination of After Action Reports.--The
Administrator shall provide electronically, to the maximum
extent practicable, to Congress and Federal, State, local,
tribal, and private sector officials after-action reports and
information on lessons learned and best practices from
responses to acts of terrorism, natural disasters, capstone
exercises conducted under the national exercise program under
section 648(b), and other emergencies or exercises.''.
SEC. 1509. CENTER FOR DOMESTIC PREPAREDNESS.
The Administrator of the Federal Emergency Management
Agency shall--
(1) develop an implementation plan, including benchmarks
and milestones, to address the findings and recommendations
of the 2017 Management Review Team that issued a report on
May 8, 2017, regarding live agent training at the Chemical,
Ordnance, Biological and Radiological Training Facility; and
(2) provide to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate updates and information on
efforts to implement recommendations related to the
management review of the Chemical, Ordnance, Biological, and
Radiological Training Facility of the Center for Domestic
Preparedness of the Federal Emergency Management Agency,
including, as necessary, information on additional resources
or authority needed to implement such recommendations.
SEC. 1510. FEMA SENIOR LAW ENFORCEMENT ADVISOR.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 1505 of
this Act, is amended by adding at the end the following:
``SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR.
``(a) Establishment.--The Administrator shall appoint a
Senior Law Enforcement Advisor to serve as a qualified expert
to the Administrator for the purpose of strengthening the
Agency's coordination among State, local, and tribal law
enforcement.
``(b) Qualifications.--The Senior Law Enforcement Advisor
shall have an appropriate background with experience in law
enforcement, information sharing, and other emergency
response functions.
``(c) Responsibilities.--The Senior Law Enforcement Advisor
shall--
``(1) coordinate on behalf of the Administrator with the
Office for State and Local Law Enforcement under section 2006
for the purpose of ensuring State, local, and tribal law
enforcement receive consistent and appropriate consideration
in policies, guidance, training, and exercises related to
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters within the United States;
``(2) work with the Administrator and the Office for State
and Local Law Enforcement under section 2006 to ensure grants
to State, local, and tribal government agencies, including
programs under sections 2003, 2004, and 2006(a),
appropriately focus on terrorism prevention activities; and
``(3) serve other appropriate functions as determined by
the Administrator.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135), as amended by section 1505, is amended
by inserting after the item relating to section 530 the
following:
``Sec. 531. Senior Law Enforcement Advisor.''.
SEC. 1511. TECHNICAL EXPERT AUTHORIZED.
Section 503(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 313(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) identify and integrate the needs of children into
activities to prepare for, protect against, respond to,
recover from, and mitigate against natural disasters, acts of
terrorism, and other man-made disasters, including
catastrophic incidents, including by appointing a technical
expert, who may consult with relevant outside organizations
and experts, as necessary, to coordinate such activities, as
necessary.''.
SEC. 1512. MISSION SUPPORT.
(a) Establishment.--The Administrator of the Federal
Emergency Management Agency shall designate an individual to
serve as the chief management official and principal advisor
to the Administrator on matters related to the management of
the Federal Emergency Management Agency, including management
integration in support of emergency management operations and
programs.
(b) Mission and Responsibilities.--The Administrator of the
Federal Emergency Management Agency, acting through the
official designated pursuant to subsection (a), shall be
responsible for the management and administration of the
Federal Emergency Management Agency, including with respect
to the following:
(1) Procurement.
(2) Human resources and personnel.
(3) Information technology and communications systems.
(4) Real property investment and planning, facilities,
accountable personal property (including fleet and other
material resources), records and disclosure, privacy, safety
and health, and sustainability and environmental management.
(5) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(6) Any other management duties that the Administrator may
designate.
(c) Mount Weather Emergency Operations and Associated
Facilities.--Nothing in this section shall be construed as
limiting or otherwise affecting the role or responsibility of
the Assistant Administrator for National Continuity Programs
with respect to the matters described in subsection (b) as
such matters relate to the Mount Weather Emergency Operations
Center and associated facilities. The management and
administration of the Mount Weather Emergency Operations
Center and associated facilities remain the responsibility of
the Assistant Administrator for National Continuity Programs.
(d) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report that includes--
(1) a review of financial, human capital, information
technology, real property planning, and acquisition
management of headquarters and all regional offices of the
Federal Emergency Management Agency; and
(2) a strategy for capturing financial, human capital,
information technology, real property planning, and
acquisition data.
SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN.
Section 10102(c) of title 5, United States Code, is amended
by striking ``2007'' and inserting ``2019''.
SEC. 1514. OFFICE OF DISABILITY INTEGRATION AND COORDINATION
OF DEPARTMENT OF HOMELAND SECURITY.
(a) Office of Disability Integration and Coordination.--
(1) In general.--Section 513 of the Homeland Security Act
of 2002 (6 U.S.C. 321b) is amended to read as follows:
``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND
COORDINATION.
``(a) In General.--There is established within the Agency
an Office of Disability Integration and Coordination (in this
section referred to as the `Office'), which shall be headed
by a Director.
``(b) Mission.--The mission of the Office is to ensure that
individuals with disabilities and other access and functional
needs are included in emergency management activities
throughout the Agency by providing guidance, tools, methods,
and strategies for the purpose of equal physical program and
effective communication access.
``(c) Responsibilities.--In support of the mission of the
Office, the Director shall--
``(1) provide guidance and coordination on matters related
to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
``(2) oversee Office employees responsible for disability
integration in each regional office with respect to carrying
out the mission of the Office;
``(3) liaise with other employees of the Agency, including
nonpermanent employees, organizations representing
individuals with disabilities, other agencies of the Federal
Government, and State, local, and tribal government
authorities regarding the needs of individuals with
disabilities in emergency planning requirements and relief
efforts in the event of a natural disaster, act of terrorism,
or other man-made disaster;
``(4) coordinate with the technical expert on the needs of
children within the Agency to provide guidance and
coordination on matters related to children with disabilities
in emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-
made disaster;
``(5) consult with organizations representing individuals
with disabilities about access and functional needs in
emergency planning requirements and relief efforts in the
event of a natural disaster, act of terrorism, or other man-
made disaster;
[[Page S3676]]
``(6) ensure the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
``(7) collaborate with Agency leadership responsible for
training to ensure that qualified experts develop easily
accessible training materials and a curriculum for the
training of emergency response providers, State, local, and
tribal government officials, and others on the needs of
individuals with disabilities;
``(8) coordinate with the Emergency Management Institute,
the Center for Domestic Preparedness, Center for Homeland
Defense and Security, the United States Fire Administration,
the national exercise program described in section 648(b) of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 748(b)), and the National Domestic Preparedness
Consortium to ensure that content related to persons with
disabilities, access and functional needs, and children are
integrated into existing and future emergency management
trainings;
``(9) promote the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(10) work to ensure that video programming distributors,
including broadcasters, cable operators, and satellite
television services, make emergency information accessible to
individuals with hearing and vision disabilities;
``(11) ensure the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
``(12) provide guidance and implement policies to ensure
that the rights and feedback of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
``(13) ensure that meeting the needs of individuals with
disabilities are included in the components of the national
preparedness system established under section 644 of the
Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 744); and
``(14) perform any other duties as assigned by the
Administrator.
``(d) Director.--After consultation with organizations
representing individuals with disabilities, the Administrator
shall appoint a Director. The Director shall report directly
to the Administrator, in order to ensure that the needs of
individuals with disabilities are being properly addressed in
emergency preparedness and disaster relief.
``(e) Organizations Representing Individuals With
Disabilities Defined.--For purposes of this section, the term
`organizations representing individuals with disabilities'
means the National Council on Disabilities, the Interagency
Coordinating Council on Preparedness and Individuals with
Disabilities, and other appropriate disability
organizations.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 513 and inserting the following:
``513. Office of Disability Integration and Coordination.''.
(b) Report to Congress.--Not later than 120 days after the
date of the enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall submit to Congress
a report on the funding and staffing needs of the Office of
Disability Integration and Coordination under section 513 of
the Homeland Security Act of 2002, as amended by subsection
(a).
SEC. 1515. MANAGEMENT COSTS.
Section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (a), by striking ``any administrative
expense, and any other expense not directly chargeable to''
and inserting ``direct administrative cost, and any other
administrative expense associated with''; and
(2) in subsection (b)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding'';
(B) in paragraph (1), as so designated, by striking
``establish'' and inserting ``implement''; and
(C) by adding at the end the following:
``(2) Specific management costs.--The Administrator shall
provide for management costs, in addition to the eligible
project costs, to cover direct and indirect costs of
administering the following programs:
``(A) Hazard mitigation.--A grantee under section 404 may
be reimbursed for direct and indirect administrative costs in
a total amount of not more than 15 percent of the total
amount of the grant award under such section of which not
more than 10 percent may be used by the grantee and 5 percent
by the subgrantee for such costs.
``(B) Public assistance.--A grantee under sections 403,
406, 407, and 502 may be reimbursed direct and indirect
administrative costs in a total amount of not more than 12
percent of the total award amount under such sections, of
which not more than 7 percent may be used by the grantee and
5 percent by the subgrantee for such costs.''.
SEC. 1516. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5149) is amended by
adding at the end the following:
``(c) The Administrator of the Federal Emergency Management
Agency may appoint temporary personnel, after serving
continuously for 3 years, to positions in the Federal
Emergency Management Agency in the same manner that
competitive service employees with competitive status are
considered for transfer, reassignment, or promotion to such
positions. An individual appointed under this subsection
shall become a career-conditional employee, unless the
employee has already completed the service requirements for
career tenure.''.
SEC. 1517. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION
COLLECTION.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of
information from disaster assistance applicants and grantees
will be modified, streamlined, expedited, consolidated, and
simplified to be less burdensome, duplicative, and time
consuming, and more efficient and flexible, for applicants
and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular
collection and reporting of information on Federal disaster
assistance awarded, including the establishment and
maintenance of a website for presenting the information to
the public; and
(3) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate--
(A) the plans developed under paragraphs (1) and (2); and
(B) recommendations, if any, of the Administrator for
legislative changes to streamline or consolidate the
collection or reporting of information, as described in
paragraphs (1) and (2).
SEC. 1518. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended
by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after the
date on which an award of a public assistance grant is made
under section 406 that is in excess of $1,000,000, the
Administrator of the Federal Emergency Management Agency
(referred to in this section as the `Administrator') shall
publish on the website of the Federal Emergency Management
Agency (referred to in this section as the `Agency') the
specifics of each such grant award, including identifying--
``(1) the Federal Emergency Management Agency Region;
``(2) the major disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit organization;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the date on
which a mission assignment or mission assignment task order
is issued under section 402(1) or section 502(a)(1), the
Administrator shall publish on the website of the Agency any
mission assignment or mission assignment task order to
another Federal department or agency regarding a major
disaster in excess of $1,000,000, including--
``(A) the name of the impacted State or Indian tribe;
``(B) the major disaster declaration for such State or
Indian tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the major disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or tribal cost share, if applicable;
``(I) the authority under which the mission assignment or
mission assignment task order was directed; and
``(J) if applicable, the date on which a State or Indian
tribe requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10
days after the first day of each month, the Administrator
shall publish reports on the website of the Agency, including
a specific description of the methodology and the source data
used in developing such reports, including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
``(B) the unobligated balance of funds to be carried over
from the budget year to the year after the budget year;
``(C) the amount of obligations for noncatastrophic events
for the budget year;
[[Page S3677]]
``(D) the amount of obligations for the budget year for
catastrophic events, as defined under the National Response
Framework, delineated by event and by State;
``(E) the total amount that has been previously obligated
or will be required for catastrophic events delineated by
event and by State for all prior years, the current fiscal
year, the budget year, and each fiscal year thereafter;
``(F) the amount of previously obligated funds that will be
recovered for the budget year;
``(G) the amount that will be required for obligations for
emergencies, major disasters, fire management assistance
grants, as described in section 420, surge activities, and
disaster readiness and support activities; and
``(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii));
``(2) a summary of the amount for disaster relief of--
``(A) appropriations made available by source;
``(B) the transfers executed;
``(C) the previously allocated funds recovered; and
``(D) the commitments, allocations, and obligations made;
``(3) a table of disaster relief activity delineated by
month, including--
``(A) the beginning and ending balances;
``(B) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster support
activities;
``(C) the obligations for catastrophic events delineated by
event and by State; and
``(D) the amount of previously obligated funds that are
recovered;
``(4) a summary of allocations, obligations, and
expenditures for catastrophic events delineated by event;
``(5) the cost with respect to--
``(A) public assistance;
``(B) individual assistance;
``(C) mitigation;
``(D) administrative activities;
``(E) operations; and
``(F) any other relevant category (including emergency
measures and disaster resources) delineated by major
disaster; and
``(6) the date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--
``(A) In general.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
website of the Agency the specifics of each contract in
excess of $1,000,000 that the Agency enters into during the
previous month, including--
``(i) the name of the party;
``(ii) the date the contract was awarded;
``(iii) the amount and scope of the contract;
``(iv) if the contract was awarded through competitive
bidding process;
``(v) if no competitive bidding process was used, the
reason why competitive bidding was not used; and
``(vi) the authority used to bypass the competitive bidding
process.
``(B) Requirement.--The information required to be
published under subparagraph (A) shall be delineated by major
disaster, if applicable, and specify the damage category
code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives summarizing
the following information for the preceding fiscal year:
``(A) The number of contracts awarded without competitive
bidding.
``(B) The reasons why a competitive bidding process was not
used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD
MITIGATION.
(a) Predisaster Hazard Mitigation.--Section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) is amended--
(1) in subsection (c) by inserting ``Public
Infrastructure'' after ``the National'';
(2) in subsection (e)(1)(B)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iv) to establish and carry out enforcement activities to
implement the latest published editions of relevant
consensus-based codes, specifications, and standards that
incorporate the latest hazard-resistant designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that may
be eligible for assistance under this Act for the purpose of
protecting the health, safety, and general welfare of the
buildings' users against disasters.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``for mitigation
activities that are cost effective'' after ``competitive
basis''; and
(B) by adding at the end the following:
``(3) Redistribution of unobligated amounts.--The President
may--
``(A) withdraw amounts of financial assistance made
available to a State (including amounts made available to
local governments of a State) under this subsection that
remain unobligated by the end of the third fiscal year after
the fiscal year for which the amounts were allocated; and
``(B) in the fiscal year following a fiscal year in which
amounts were withdrawn under subparagraph (A), add the
amounts to any other amounts available to be awarded on a
competitive basis pursuant to paragraph (1).'';
(4) in subsection (g), in the matter preceding paragraph
(1), by inserting ``provide financial assistance only in
States that have received a major disaster declaration during
the previous 7-year period and'' after ``President shall'';
(5) by striking subsection (i) and inserting the following:
``(i) National Public Infrastructure Predisaster Mitigation
Assistance.--
``(1) In general.--The President may set aside from the
Disaster Relief Fund, with respect to each major disaster, an
amount equal to 6 percent of the estimated aggregate amount
of the grants to be made pursuant to sections 403, 406, 407,
408, 410, and 416 for the major disaster in order to provide
technical and financial assistance under this section.
``(2) Estimated aggregate amount.--Not later than 180 days
after each major disaster declaration pursuant to this Act,
the estimated aggregate amount of grants for purposes of
paragraph (1) shall be determined by the President and such
estimated amount need not be reduced, increased, or changed
due to variations in estimates.
``(3) No reduction in amounts.--The amount set aside
pursuant to paragraph (1) shall not reduce the amounts
otherwise made available for sections 403, 404, 406, 407,
408, 410, and 416 under this Act.'';
(6) by striking subsections (j) and (m); and
(7) by redesignating subsections (k), (l), and (n) as
subsections (j), (k), and (l), respectively.
(b) Applicability.--The amendments made to section 203 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of
subsection (a) of this Act shall apply to funds appropriated
after the date of enactment of this Act.
(c) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(B) the term ``appropriate committees of Congress'' means--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(iv) the Committee on Appropriations of the House of
Representatives; and
(C) the term ``public assistance grant program'' means the
public assistance grant program authorized under sections
403, 406, 407, 418, 419, 428, and 502(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173, 5185, 5186, 5189f, and 5192(a)).
(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report detailing the
implications of the amendments made by subsection (a) on the
fiscal health of the Disaster Relief Fund, including--
(A) a justification, cost-benefit analysis, and impact
statement of the percentage utilized to fund the amendments;
(B) an assessment of the extent to which the extra spending
could place stress on the Disaster Relief Fund, as calculated
under section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 2985 (2 U.S.C.
901(b)(2)(D)), increase the pace of spending, and impact
whether supplemental funding would be required more
frequently to deal with future major disasters declared under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
(C) an expenditure plan detailing--
(i) anticipated application guidelines for grantees;
(ii) a period of performance schedule;
(iii) anticipated project life cycle costs and expected
expenditure rates;
(iv) planning requirements for grantees;
(v) a program schedule to ensure that the annual fund
carryover does not exceed $100,000,000; and
(vi) a program review and investigation schedule to prevent
waste, fraud, and abuse;
(D) an assessment of how the amendments could be
implemented to encourage mitigation that addresses risks to
the most costly disaster impacts in order to reduce--
(i) impacts on the Disaster Relief Fund and the public
assistance grant program, in particular grants to mitigate
damage to infrastructure and buildings; and
(ii) Federal expenditures for future major disasters
declared under section 401 the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170); and
(E) an assessment of the appropriate balance of
expenditures under section 203(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(i)), as amended by subsection (a), for planning and for
projects; and
[[Page S3678]]
(F) the strategy by which project will be weighted and
applications assessed to include repetitive loss, location,
elevation, overall risk, and the ability for a grantee to
make complementary investments in other mitigation efforts.
SEC. 1520. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY
MANAGEMENT.
(a) Homeland Security Act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 501(8) (6 U.S.C. 311(8))--
(A) by striking ``National Response Plan'' each place the
term appears and inserting ``National Response Framework'';
and
(B) by striking ``502(a)(6)'' and inserting ``504(a)(6)'';
(2) in section 503(b)(2)(A) (6 U.S.C. 313(b)(2)(A)) by
inserting ``and incidents impacting critical infrastructure''
before the semicolon;
(3) in section 504(a) (6 U.S.C. 314(a))--
(A) in paragraph (3) by striking ``, including--'' and
inserting ``(which shall include incidents impacting critical
infrastructure), including--'';
(B) in paragraph (4) by inserting ``, including incidents
impacting critical infrastructure'' before the semicolon;
(C) in paragraph (5) by striking ``and local'' and
inserting ``local, and tribal'';
(D) in paragraph (6) by striking ``national response plan''
and inserting ``national response framework, which shall be
reviewed and updated as required but not less than every 5
years'';
(E) by redesignating paragraphs (7) through (21) as
paragraphs (8) through (22), respectively;
(F) by inserting after paragraph (6) the following:
``(7) developing integrated frameworks, to include
consolidating existing Government plans addressing
prevention, protection, mitigation, and recovery with such
frameworks reviewed and updated as required, but not less
than every 5 years;''; and
(G) in paragraph (14), as redesignated, by striking
``National Response Plan'' each place the term appears and
inserting ``National Response Framework'';
(4) in section 507 (6 U.S.C. 317)--
(A) in subsection (c)--
(i) in paragraph (2)(E), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(ii) in paragraph (3)(A), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(B) in subsection (f)(1)(G), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(5) in section 508 (6 U.S.C. 318)--
(A) in subsection (b)(1), by striking ``National Response
Plan'' and inserting ``National Response Framework''; and
(B) in subsection (d)(2)(A), by striking ``The Deputy
Administrator, Protection and National Preparedness'' and
inserting ``A Deputy Administrator'';
(6) in section 509 (6 U.S.C. 319)--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``National Response Plan'' and inserting
``National Response Framework, National Protection Framework,
National Prevention Framework, National Mitigation Framework,
National Recovery Framework'';
(II) by striking ``successor'' and inserting
``successors''; and
(III) by striking ``plan'' at the end of that paragraph and
inserting ``framework''; and
(ii) in paragraph (2), by striking ``National Response
Plan'' each place the term appears and inserting ``National
Response Framework''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``National
response plan'' and inserting ``National response
framework''; and
(II) by striking ``National Response Plan'' and inserting
``National Response Framework''; and
(ii) in subparagraph (B), by striking ``National Response
Plan'' and inserting ``National Response Framework'';
(7) in section 510 (6 U.S.C. 320)--
(A) in subsection (a), by striking ``enter into a
memorandum of understanding'' and inserting ``partner'';
(B) in subsection (b)(1)(A), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(C) in subsection (c), by striking ``National Response
Plan'' and inserting ``National Response Framework'';
(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking
``and local'' each place the term appears and inserting ``,
local, and tribal'';
(9) by striking section 524 (6 U.S.C. 321m);
(10) in section 525 (6 U.S.C. 321n), by striking
``Secretary'' each place it appears and inserting
``Administrator''; and
(11) in section 706(b)(1), as redesignated by section 1142
of this Act, by striking ``National Response Plan'' and
inserting ``National Response Framework''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2135) is amended by striking the item relating
to section 524.
(c) Post-Katrina Emergency Management Reform Act of 2006.--
(1) Citation correction.--Section 602(13) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
701(13)) is amended--
(A) by striking ``National Response Plan'' each place the
term appears and inserting ``National Response Framework'';
and
(B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''.
(2) Change of reference.--Chapter 1 of subtitle C of title
VI of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295) is amended by striking ``National
Response Plan'' each place the term appears and inserting
``National Response Framework''.
(d) Public Health Service Act.--Section 2801(a) of the
Public Health Service Act (42 U.S.C. 300hh(a)) is amended by
striking ``the National Response Plan developed pursuant to
section 502(6) of the Homeland Security Act of 2002'' and
inserting ``the National Response Framework developed
pursuant to section 504(a)(6) of the Homeland Security Act of
2002 (2 U.S.C. 314(a)(6))''.
(e) Defense Against Weapons of Mass Destruction Act of
1996.--Section 1414(b) of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2314(b)) is amended, in
the first sentence, by striking ``National Response Plan
prepared pursuant to section 502(6) of the Homeland Security
Act of 2002 (6 U.S.C. 312(6))'' and inserting ``National
Response Framework prepared pursuant to section 504(a)(6) of
the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6))''
(f) Savings Clause.--The amendments made by subsection (a)
to section 503(b)(2)(A) and paragraphs (3) and (4) of section
504(a) of the Homeland Security Act of 2002 shall not be
construed as affecting the authority, existing on the day
before the date of enactment of this Act, of any other
component of the Department of Homeland Security or any other
Federal department or agency.
SEC. 1521. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
SUBCOMMITTEE.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``public alert and warning system'' means the
integrated public alert and warning system of the United
States described in section 526 of the Homeland Security Act
of 2002 (6 U.S.C. 321o); and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(b) Integrated Public Alert and Warning System
Subcommittee.--Section 2 of the Integrated Public Alert and
Warning System Modernization Act of 2015 (Public Law 114-143;
130 Stat. 327) is amended--
(1) in subsection (b)--
(A) in paragraph (6)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii)(VII), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) recommendations for best practices of State,
tribal, and local governments to follow to maintain the
integrity of the public alert and warning system, including--
``(I) the procedures for State, tribal, and local
government officials to authenticate civil emergencies and
initiate, modify, and cancel alerts transmitted through the
public alert and warning system, including protocols and
technology capabilities for--
``(aa) the initiation, or prohibition on the initiation, of
alerts by a single authorized or unauthorized individual; and
``(bb) testing a State, tribal, or local government
incident management and warning tool without accidentally
initiating an alert through the public alert and warning
system;
``(II) the standardization, functionality, and
interoperability of incident management and warning tools
used by State, tribal, and local governments to notify the
public of an emergency through the public alert and warning
system;
``(III) the training and recertification of emergency
management personnel on best practices for originating and
transmitting an alert through the public alert and warning
system; and
``(IV) the procedures, protocols, and guidance concerning
the protective action plans that State, tribal, and local
governments should issue to the public following an alert
issued under the public alert and warning system.'';
(B) in paragraph (7)--
(i) in subparagraph (A)--
(I) by striking ``Not later than'' and inserting the
following:
``(i) Initial report.--Not later than'';
(II) in clause (i), as so designated, by striking
``paragraph (6)'' and inserting ``clauses (i) and (ii) of
paragraph (6)(B)''; and
(III) by adding at the end the following:
``(ii) Second report.--Not later than 18 months after the
date of enactment of the Department of Homeland Security
Authorization Act, the Subcommittee shall submit to the
National Advisory Council a report containing any
recommendations required to be developed under paragraph
(6)(B)(iii) for approval by the National Advisory Council.'';
and
(ii) in subparagraph (B), by striking ``report'' each place
that term appears and inserting ``reports''; and
(C) in paragraph (8), by striking ``3'' and inserting
``5''; and
(2) in subsection (c), by striking ``and 2018'' and
inserting ``2018, 2019, 2020, and 2021''.
[[Page S3679]]
(c) Integrated Public Alert and Warning System
Participatory Requirements.--The Administrator shall--
(1) consider the recommendations submitted by the
Integrated Public Alert and Warning System Subcommittee to
the National Advisory Council under section 2(b)(7) of the
Integrated Public Alert and Warning System Modernization Act
of 2015 (Public Law 114-143; 130 Stat. 331), as amended by
subsection (b) of this Act; and
(2) not later than 120 days after the date on which the
recommendations described in paragraph (1) are submitted,
establish minimum requirements for State, tribal, and local
governments to participate in the public alert and warning
system consistent with all public notice rules and
regulations.
(d) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a
process to ensure that an incident management and warning
tool used by a State, tribal, or local government to
originate and transmit an alert through the public alert and
warning system meets the minimum requirements established by
the Administrator under subsection (c)(2).
(2) Requirements.--The process required to be established
under paragraph (1) shall include--
(A) the ability to test an incident management and warning
tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and
warning tool complies with the applicable cyber frameworks of
the Department of Homeland Security and the National
Institute of Standards and Technology;
(C) a process to certify developers of emergency management
software; and
(D) requiring developers to provide the Administrator with
a copy of and rights of use for ongoing testing of each
version of incident management and warning tool software
before the software is first used by a State, tribal, or
local government.
(e) Review and Update of Memoranda of Understanding.--
(1) In general.--The Administrator shall review the
memoranda of understanding between the Agency and State,
tribal, and local governments with respect to the public
alert and warning system to ensure that all agreements ensure
compliance with any minimum requirements established by the
Administrator under subsection (c)(2).
(2) Future memoranda.--The Administrator shall ensure that
any new memorandum of understanding entered into between the
Agency and a State, tribal, or local government on or after
the date of enactment of this Act with respect to the public
alert and warning system ensures that the agreement requires
compliance with any minimum requirements established by the
Administrator under subsection (c)(2).
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--Beginning on the date that is 120 days
after the date of enactment of this Act, the authority to
originate an alert warning the public of a missile launch
directed against a State using the public alert and warning
system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary of Homeland
Security may delegate to a State, tribal, or local entity the
authority described in subparagraph (A), if, not later than
60 days after the end of the 120-day period described in
subparagraph (A), the Secretary of Homeland Security reports
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives that--
(i) it is not feasible for the Federal government to alert
the public of a missile threat against a State; or
(ii) it is not in the national security interest of the
United States for the Federal government to alert the public
of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile
threat, the President, utilizing established authorities,
protocols, and procedures, may activate the public alert and
warning system.
(2) Required processes.--The Secretary of Homeland
Security, acting through the Administrator, shall establish a
process to promptly notify a State warning point, and any
State entities that the Administrator determines appropriate,
of follow-up actions to a missile launch alert so the State
may take appropriate action to protect the health, safety,
and welfare of the residents of the State following the
issuance of an alert described in paragraph (1)(A) for that
State.
(3) Guidance.--The Secretary of Homeland Security, acting
through the Administrator, shall work with the Governor of a
State warning point to develop and implement appropriate
protective action plans to respond to an alert described in
paragraph (1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security
shall--
(A) examine the feasibility of establishing an alert
designation under the public alert and warning system that
would be used to alert and warn the public of a missile
threat while concurrently alerting a State warning point so
that a State may activate related protective action plans;
and
(B) submit a report of the findings under subparagraph (A),
including of the costs and timeline for taking action to
implement an alert designation described in paragraph (1),
to--
(i) the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the
Committee on Appropriations of the House of Representatives;
and
(iv) the Committee on Homeland Security of the House of
Representatives.
(g) Awareness of Alerts and Warnings.--Not later than 1
year after the date of enactment of this Act, the
Administrator shall--
(1) conduct a review of--
(A) the Emergency Operations Center of the Agency; and
(B) the National Watch Center and each Regional Watch
Center of the Agency; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the review conducted under paragraph (1), which shall
include--
(A) an assessment of the technical capability of the
Emergency Operations Center and the National and Regional
Watch Centers described in paragraph (1) to be notified of
alerts and warnings issued by a State through the public
alert and warning system;
(B) a determination of which State alerts and warnings the
Emergency Operations Center and the National and Regional
Watch Centers described in paragraph (1) should be aware of;
and
(C) recommendations for improving the ability of the
National and Regional Watch Centers described in paragraph
(1) to receive any State alerts and warnings that the
Administrator determines are appropriate.
(h) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules,
regulations, or requirements imposed under this section or
the amendments made by this section.
TITLE VI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
SEC. 1601. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:
``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
``Subtitle A--Cybersecurity and Infrastructure Security
``SEC. 2201. DEFINITIONS.
``In this subtitle:
``(1) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given
the term in section 2222.
``(2) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given the term in section 2209.
``(3) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 102(5) of
the Cybersecurity Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501)).
``(4) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(5) Sector-specific agency.--The term `Sector-Specific
Agency' means a Federal department or agency, designated by
law or presidential directive, with responsibility for
providing institutional knowledge and specialized expertise
of a sector, as well as leading, facilitating, or supporting
programs and associated activities of its designated critical
infrastructure sector in the all hazards environment in
coordination with the Department.
``(6) Sharing.--The term `sharing' has the meaning given
the term in section 2209.
``SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY.
``(a) Redesignation.--
``(1) In general.--The National Protection and Programs
Directorate of the Department shall, on and after the date of
the enactment of this subtitle, be known as the
`Cybersecurity and Infrastructure Security Agency' (in this
subtitle referred to as the `Agency').
``(2) References.--Any reference to the National Protection
and Programs Directorate of the Department in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Cybersecurity and Infrastructure Security Agency of the
Department.
``(b) Director.--
``(1) In general.--The Agency shall be headed by a Director
of Cybersecurity and
[[Page S3680]]
Infrastructure Security (in this subtitle referred to as the
`Director'), who shall report to the Secretary.
``(2) Reference.--Any reference to an Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and any other related program of
the Department as described in section 103(a)(1)(H) as in
effect on the day before the date of enactment of this
subtitle in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the Director of Cybersecurity and Infrastructure
Security of the Department.
``(c) Responsibilities.--The Director shall--
``(1) lead cybersecurity and critical infrastructure
security programs, operations, and associated policy for the
Agency, including national cybersecurity asset response
activities;
``(2) coordinate with Federal entities, including Sector-
Specific Agencies, and non-Federal entities, including
international entities, to carry out the cybersecurity and
critical infrastructure activities of the Agency, as
appropriate;
``(3) carry out the responsibilities of the Secretary to
secure Federal information and information systems consistent
with law, including subchapter II of chapter 35 of title 44,
United States Code, and the Cybersecurity Act of 2015
(contained in division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113));
``(4) coordinate a national effort to secure and protect
against critical infrastructure risks, consistent with
subsection (e)(1)(E);
``(5) oversee the EMP and GMD planning and protection and
preparedness activities of the Agency;
``(6) upon request, provide analyses, expertise, and other
technical assistance to critical infrastructure owners and
operators and, where appropriate, provide those analyses,
expertise, and other technical assistance in coordination
with Sector-Specific Agencies and other Federal departments
and agencies;
``(7) develop and utilize mechanisms for active and
frequent collaboration between the Agency and Sector-Specific
Agencies to ensure appropriate coordination, situational
awareness, and communications with Sector-Specific Agencies;
``(8) maintain and utilize mechanisms for the regular and
ongoing consultation and collaboration among the Divisions of
the Agency to further operational coordination, integrated
situational awareness, and improved integration across the
Agency in accordance with this Act;
``(9) develop, coordinate, and implement--
``(A) comprehensive strategic plans for the activities of
the Agency; and
``(B) risk assessments by and for the Agency;
``(10) carry out emergency communications responsibilities,
in accordance with title XVIII;
``(11) carry out cybersecurity, infrastructure security,
and emergency communications stakeholder outreach and
engagement and coordinate that outreach and engagement with
critical infrastructure Sector-Specific Agencies, as
appropriate;
``(12) oversee an integrated analytical approach to
physical and cyber infrastructure analysis; and
``(13) carry out such other duties and powers prescribed by
law or delegated by the Secretary.
``(d) Deputy Director.--There shall be in the Agency a
Deputy Director of Cybersecurity and Infrastructure Security
who shall--
``(1) assist the Director in the management of the Agency;
and
``(2) report to the Director.
``(e) Cybersecurity and Infrastructure Security Authorities
of the Secretary.--
``(1) In general.--The responsibilities of the Secretary
relating to cybersecurity and infrastructure security shall
include the following:
``(A) To access, receive, and analyze law enforcement
information, intelligence information, and other information
from Federal Government agencies, State, local, tribal, and
territorial government agencies, including law enforcement
agencies, and private sector entities, and to integrate that
information, in support of the mission responsibilities of
the Department, in order to--
``(i) identify and assess the nature and scope of terrorist
threats to the homeland;
``(ii) detect and identify threats of terrorism against the
United States; and
``(iii) understand those threats in light of actual and
potential vulnerabilities of the homeland.
``(B) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States, including an assessment of the probability of success
of those attacks and the feasibility and potential efficacy
of various countermeasures to those attacks. At the
discretion of the Secretary, such assessments may be carried
out in coordination with Sector-Specific Agencies.
``(C) To integrate relevant information, analysis, and
vulnerability assessments, regardless of whether the
information, analysis, or assessments are provided or
produced by the Department, in order to make recommendations,
including prioritization, for protective and support measures
by the Department, other Federal Government agencies, State,
local, tribal, and territorial government agencies and
authorities, the private sector, and other entities regarding
terrorist and other threats to homeland security.
``(D) To ensure, pursuant to section 202, the timely and
efficient access by the Department to all information
necessary to discharge the responsibilities under this title,
including obtaining that information from other Federal
Government agencies.
``(E) To develop, in coordination with the Sector-Specific
Agencies with available expertise, a comprehensive national
plan for securing the key resources and critical
infrastructure of the United States, including power
production, generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record storage
and transmission systems, emergency communications systems,
and the physical and technological assets that support those
systems.
``(F) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other Federal Government agencies,
including Sector-Specific Agencies, and in cooperation with
State, local, tribal, and territorial government agencies and
authorities, the private sector, and other entities.
``(G) To review, analyze, and make recommendations for
improvements to the policies and procedures governing the
sharing of information relating to homeland security within
the Federal Government and between Federal Government
agencies and State, local, tribal, and territorial government
agencies and authorities.
``(H) To disseminate, as appropriate, information analyzed
by the Department within the Department to other Federal
Government agencies with responsibilities relating to
homeland security and to State, local, tribal, and
territorial government agencies and private sector entities
with those responsibilities in order to assist in the
deterrence, prevention, or preemption of, or response to,
terrorist attacks against the United States.
``(I) To consult with State, local, tribal, and territorial
government agencies and private sector entities to ensure
appropriate exchanges of information, including law
enforcement-related information, relating to threats of
terrorism against the United States.
``(J) To ensure that any material received pursuant to this
Act is protected from unauthorized disclosure and handled and
used only for the performance of official duties.
``(K) To request additional information from other Federal
Government agencies, State, local, tribal, and territorial
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to
other areas of responsibility assigned by the Secretary,
including the entry into cooperative agreements through the
Secretary to obtain that information.
``(L) To establish and utilize, in conjunction with the
Chief Information Officer of the Department, a secure
communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in
order to access, receive, and analyze data and information in
furtherance of the responsibilities under this section, and
to disseminate information acquired and analyzed by the
Department, as appropriate.
``(M) To coordinate training and other support to the
elements and personnel of the Department, other Federal
Government agencies, and State, local, tribal, and
territorial government agencies that provide information to
the Department, or are consumers of information provided by
the Department, in order to facilitate the identification and
sharing of information revealed in their ordinary duties and
the optimal utilization of information received from the
Department.
``(N) To coordinate with Federal, State, local, tribal, and
territorial law enforcement agencies, and the private sector,
as appropriate.
``(O) To exercise the authorities and oversight of the
functions, personnel, assets, and liabilities of those
components transferred to the Department pursuant to section
201(g).
``(P) To carry out the functions of the national
cybersecurity and communications integration center under
section 2209.
``(Q) To carry out the requirements of the Chemical
Facility Anti-Terrorism Standards Program established under
title XXI and the secure handling of ammonium nitrate program
established under subtitle J of title VIII, or any successor
programs.
``(2) Reallocation.--The Secretary may reallocate within
the Agency the functions specified in sections 2203(b) and
2204(b), consistent with the responsibilities provided in
paragraph (1), upon certifying to and briefing the
appropriate congressional committees, and making available to
the public, not less than 60 days before the reallocation
that the reallocation is necessary for carrying out the
activities of the Agency.
``(3) Staff.--
``(A) In general.--The Secretary shall provide the Agency
with a staff of analysts having appropriate expertise and
experience to assist the Agency in discharging the
responsibilities of the Agency under this section.
``(B) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.
[[Page S3681]]
``(C) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
``(4) Detail of personnel.--
``(A) In general.--In order to assist the Agency in
discharging the responsibilities of the Agency under this
section, personnel of the Federal agencies described in
subparagraph (B) may be detailed to the Agency for the
performance of analytic functions and related duties.
``(B) Agencies.--The Federal agencies described in this
subparagraph are--
``(i) the Department of State;
``(ii) the Central Intelligence Agency;
``(iii) the Federal Bureau of Investigation;
``(iv) the National Security Agency;
``(v) the National Geospatial-Intelligence Agency;
``(vi) the Defense Intelligence Agency;
``(vii) Sector-Specific Agencies; and
``(viii) any other agency of the Federal Government that
the President considers appropriate.
``(C) Interagency agreements.--The Secretary and the head
of a Federal agency described in subparagraph (B) may enter
into agreements for the purpose of detailing personnel under
this paragraph.
``(D) Basis.--The detail of personnel under this paragraph
may be on a reimbursable or non-reimbursable basis.
``(f) Composition.--The Agency shall be composed of the
following divisions:
``(1) The Cybersecurity Division, headed by an Assistant
Director.
``(2) The Infrastructure Security Division, headed by an
Assistant Director.
``(3) The Emergency Communications Division under title
XVIII, headed by an Assistant Director.
``(g) Co-location.--
``(1) In general.--To the maximum extent practicable, the
Director shall examine the establishment of central locations
in geographical regions with a significant Agency presence.
``(2) Coordination.--When establishing the central
locations described in paragraph (1), the Director shall
coordinate with component heads and the Under Secretary for
Management to co-locate or partner on any new real property
leases, renewing any occupancy agreements for existing
leases, or agreeing to extend or newly occupy any Federal
space or new construction.
``(h) Privacy.--
``(1) In general.--There shall be a Privacy Officer of the
Agency with primary responsibility for privacy policy and
compliance for the Agency.
``(2) Responsibilities.--The responsibilities of the
Privacy Officer of the Agency shall include--
``(A) ensuring that the use of technologies by the Agency
sustain, and do not erode, privacy protections relating to
the use, collection, and disclosure of personal information;
``(B) ensuring that personal information contained in
systems of records of the Agency is handled in full
compliance as specified in section 552a of title 5, United
States Code (commonly known as the `Privacy Act of 1974');
``(C) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personal
information by the Agency; and
``(D) conducting a privacy impact assessment of proposed
rules of the Agency on the privacy of personal information,
including the type of personal information collected and the
number of people affected.
``(i) Savings.--Nothing in this title may be construed as
affecting in any manner the authority, existing on the day
before the date of enactment of this title, of any other
component of the Department or any other Federal department
or agency.
``SEC. 2203. CYBERSECURITY DIVISION.
``(a) Establishment.--
``(1) In general.--There is established in the Agency a
Cybersecurity Division.
``(2) Assistant director.--The Cybersecurity Division shall
be headed by an Assistant Director for Cybersecurity (in this
section referred to as the `Assistant Director'), who shall--
``(A) be at the level of Assistant Secretary within the
Department;
``(B) be appointed by the President without the advice and
consent of the Senate; and
``(C) report to the Director.
``(3) Reference.--Any reference to the Assistant Secretary
for Cybersecurity and Communications in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to the Assistant Director
for Cybersecurity.
``(b) Functions.--The Assistant Director shall--
``(1) direct the cybersecurity efforts of the Agency;
``(2) carry out activities, at the direction of the
Director, related to the security of Federal information and
Federal information systems consistent with law, including
subchapter II of chapter 35 of title 44, United States Code,
and the Cybersecurity Act of 2015 (contained in division N of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113));
``(3) fully participate in the mechanisms required under
section 2202(c)(7); and
``(4) carry out such other duties and powers as prescribed
by the Director.
``SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.
``(a) Establishment.--
``(1) In general.--There is established in the Agency an
Infrastructure Security Division.
``(2) Assistant director.--The Infrastructure Security
Division shall be headed by an Assistant Director for
Infrastructure Security (in this section referred to as the
`Assistant Director'), who shall--
``(A) be at the level of Assistant Secretary within the
Department;
``(B) be appointed by the President without the advice and
consent of the Senate; and
``(C) report to the Director.
``(3) Reference.--Any reference to the Assistant Secretary
for Infrastructure Protection in any law, regulation, map,
document, record, or other paper of the United States shall
be deemed to be a reference to the Assistant Director for
Infrastructure Security.
``(b) Functions.--The Assistant Director shall--
``(1) direct the critical infrastructure security efforts
of the Agency;
``(2) carry out, at the direction of the Director, the
Chemical Facilities Anti-Terrorism Standards Program
established under title XXI and the secure handling of
ammonium nitrate program established under subtitle J of
title VIII, or any successor programs;
``(3) fully participate in the mechanisms required under
section 2202(c)(7); and
``(4) carry out such other duties and powers as prescribed
by the Director.''.
(b) Treatment of Certain Positions.--
(1) Under secretary.--The individual serving as the Under
Secretary appointed pursuant to section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the
Department of Homeland Security on the day before the date of
enactment of this Act may continue to serve as the Director
of Cybersecurity and Infrastructure Security of the
Department on and after such date.
(2) Director for emergency communications.--The individual
serving as the Director for Emergency Communications of the
Department of Homeland Security on the day before the date of
enactment of this Act may continue to serve as the Assistant
Director for Emergency Communications of the Department on
and after such date.
(3) Assistant secretary for cybersecurity and
communications.--The individual serving as the Assistant
Secretary for Cybersecurity and Communications on the day
before the date of enactment of this Act may continue to
serve as the Assistant Director for Cybersecurity on and
after such date.
(4) Assistant secretary for infrastructure protection.--The
individual serving as the Assistant Secretary for
Infrastructure Protection on the day before the date of
enactment of this Act may continue to serve as the Assistant
Director for Infrastructure Security on and after such date.
(c) Reference.--Any reference to--
(1) the Office of Emergency Communications in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Emergency Communications Division; and
(2) the Director for Emergency Communications in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Assistant Director for Emergency Communications.
(d) Oversight.--The Director of Cybersecurity and
Infrastructure Security of the Department of Homeland
Security shall provide to Congress, in accordance with the
deadlines specified in paragraphs (1) through (6),
information on the following:
(1) Not later than 60 days after the date of enactment of
this Act, a briefing on the activities of the Agency relating
to the development and use of the mechanisms required
pursuant to section 2202(c)(7) of the Homeland Security Act
of 2002 (as added by subsection (a)).
(2) Not later than 1 year after the date of the enactment
of this Act, a briefing on the activities of the Agency
relating to the use and improvement by the Agency of the
mechanisms required pursuant to section 2202(c)(7) of the
Homeland Security Act of 2002 and how such activities have
impacted coordination, situational awareness, and
communications with Sector-Specific Agencies.
(3) Not later than 90 days after the date of the enactment
of this Act, information on the mechanisms of the Agency for
regular and ongoing consultation and collaboration, as
required pursuant to section 2202(c)(8) of the Homeland
Security Act of 2002 (as added by subsection (a)).
(4) Not later than 1 year after the date of the enactment
of this Act, information on the activities of the
consultation and collaboration mechanisms of the Agency as
required pursuant to section 2202(c)(8) of the Homeland
Security Act of 2002, and how such mechanisms have impacted
operational coordination, situational awareness, and
integration across the Agency.
(5) Not later than 180 days after the date of enactment of
this Act, information, which shall be made publicly available
and updated as appropriate, on the mechanisms and structures
of the Agency responsible for stakeholder outreach and
engagement, as required under section 2202(c)(11) of the
Homeland Security Act of 2002 (as added by subsection (a)).
(6) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, information on EMP and GMD
(as defined in section 2 of the Homeland Security Act (6
U.S.C. 101)), which shall include--
[[Page S3682]]
(A) a summary of the threats and consequences, as of the
date of the information, of electromagnetic events to the
critical infrastructure of the United States;
(B) Department of Homeland Security efforts as of the date
of the information, including with respect to--
(i) risk assessments;
(ii) mitigation actions;
(iii) coordinating with the Department of Energy to
identify critical electric infrastructure assets subject to
EMP or GMD risk; and
(iv) current and future plans for engagement with the
Department of Energy, the Department of Defense, the National
Oceanic and Atmospheric Administration, and other relevant
Federal departments and agencies;
(C) as of the date of the information, current
collaboration, and plans for future engagement, with critical
infrastructure owners and operators;
(D) an identification of internal roles to address
electromagnetic risks to critical infrastructure; and
(E) plans for implementation and protecting and preparing
United States critical infrastructure against electromagnetic
threats.
(e) Cyber Workforce.--Not later than 90 days after the date
of enactment of this Act, the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security, in coordination with the Director of the
Office of Personnel Management, shall submit to Congress a
report detailing how the Agency is meeting legislative
requirements under the Cybersecurity Workforce Assessment Act
(Public Law 113-246; 128 Stat. 2880) and the Homeland
Security Cybersecurity Workforce Assessment Act (6 U.S.C. 146
note; Public Law 113-277) to address cyber workforce needs.
(f) Facility.--Not later than 180 days after the date of
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall report to Congress on the most efficient and
effective methods of consolidating Agency facilities,
personnel, and programs to most effectively carry out the
mission of the Agency.
(g) Technical and Conforming Amendments to the Homeland
Security Act of 2002.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) by amending section 103(a)(1)(H) (6 U.S.C.
113(a)(1)(H)) to read as follows:
``(H) A Director of the Cybersecurity and Infrastructure
Security Agency.'';
(2) in title II (6 U.S.C. 121 et seq.)--
(A) in the title heading, by striking ``AND INFRASTRUCTURE
PROTECTION'';
(B) in the subtitle A heading, by striking ``and
Infrastructure Protection'';
(C) in section 201 (6 U.S.C. 121)--
(i) in the section heading, by striking ``and
infrastructure protection'';
(ii) in subsection (a)--
(I) in the subsection heading, by striking ``and
Infrastructure Protection''; and
(II) by striking ``and an Office of Infrastructure
Protection'';
(iii) in subsection (b)--
(I) in the subsection heading, by striking ``and Assistant
Secretary for Infrastructure Protection''; and
(II) by striking paragraph (3);
(iv) in subsection (c)--
(I) by striking ``and infrastructure protection''; and
(II) by striking ``or the Assistant Secretary for
Infrastructure Protection, as appropriate'';
(v) in subsection (d)--
(I) in the subsection heading, by striking ``and
Infrastructure Protection'';
(II) in the matter preceding paragraph (1), by striking
``and infrastructure protection'';
(III) by striking paragraphs (5), (6), and (25);
(IV) by redesignating paragraphs (7) through (24) as
paragraphs (5) through (22), respectively;
(V) by redesignating paragraph (26) as paragraph (23); and
(VI) in paragraph (23)(B)(i), as so redesignated, by
striking ``section 319'' and inserting ``section 320'';
(vi) in subsection (e)(1), by striking ``and the Office of
Infrastructure Protection'';
(vii) in subsection (f)(1), by striking ``and the Office of
Infrastructure Protection''; and
(viii) in subsection (g), in the matter preceding paragraph
(1), by striking ``and the Office of Infrastructure
Protection'';
(D) in section 202 (6 U.S.C. 122)--
(i) in subsection (c), in the matter preceding paragraph
(1), by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(ii) in subsection (d)(2), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence'';
(E) in section 204 (6 U.S.C. 124a)--
(i) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Infrastructure Protection'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency''; and
(ii) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``Assistant Secretary for
Infrastructure Protection'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(F) by redesignating section 210E (6 U.S.C. 124l) as
section 2214 and transferring such section to appear after
section 2213 (as redesignated by subparagraph (I));
(G) in subtitle B, by redesignating sections 211 through
215 (6 U.S.C. 101 note, and 131 through 134) as sections 2221
through 2225, respectively, and transferring such subtitle,
including the enumerator and heading of subtitle B and such
sections, to appear after section 2214 (as redesignated by
subparagraph (G));
(H) by redesignating sections 223 through 230 (6 U.S.C. 143
through 151) as sections 2205 through 2213, respectively, and
transferring such sections to appear after section 2204, as
added by this Act;
(I) by redesignating section 210F as section 210E; and
(J) by redesignating subtitles C and D as subtitles B and
C, respectively;
(3) in title III (6 U.S.C. 181 et seq.)--
(A) in section 302 (6 U.S.C. 182)--
(i) by striking ``biological,,'' each place that term
appears and inserting ``biological,''; and
(ii) in paragraph (3), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Director of
the Cybersecurity and Infrastructure Security Agency'';
(B) by redesignating the second section 319 (6 U.S.C. 195f)
(relating to EMP and GMD mitigation research and development)
as section 320; and
(C) in section 320(c)(1), as so redesignated, by striking
``Section 214'' and inserting ``Section 2224'';
(4) in title V (6 U.S.C. 311 et seq.)--
(A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by
striking ``The Director of the Office of Emergency
Communications of the Department of Homeland Security'' and
inserting ``The Assistant Director for Emergency
Communications'';
(B) in section 514 (6 U.S.C. 321c)--
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as subsection (b); and
(C) in section 523 (6 U.S.C. 321l)--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``Assistant Secretary for Infrastructure
Protection'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(ii) in subsection (c), by striking ``Assistant Secretary
for Infrastructure Protection'' and inserting ``Director of
Cybersecurity and Infrastructure Security'';
(5) in title VIII (6 U.S.C. 361 et seq.)--
(A) in section 884(d)(4)(A)(ii) (6 U.S.C.
464(d)(4)(A)(ii)), by striking ``Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department''
and inserting ``Director of Cybersecurity and Infrastructure
Security''; and
(B) in section 899B(a) (6 U.S.C. 488a(a)), by adding at the
end the following: ``Such regulations shall be carried out by
the Cybersecurity and Infrastructure Security Agency.'';
(6) in title XVIII (6 U.S.C. 571 et seq.)--
(A) in section 1801 (6 U.S.C. 571)--
(i) in the section heading, by striking ``office of
emergency communications'' and inserting ``emergency
communications division'';
(ii) in subsection (a)--
(I) by striking ``Office of Emergency Communications'' and
inserting ``Emergency Communications Division''; and
(II) by adding at the end the following: ``The Division
shall be located in the Cybersecurity and Infrastructure
Security Agency.'';
(iii) by amending subsection (b) to read as follows:
``(b) Assistant Director.--The head of the Division shall
be the Assistant Director for Emergency Communications. The
Assistant Director shall report to the Director of
Cybersecurity and Infrastructure Security. All decisions of
the Assistant Director that entail the exercise of
significant authority shall be subject to the approval of the
Director of Cybersecurity and Infrastructure Security.'';
(iv) in subsection (c)--
(I) in the matter preceding paragraph (1), by inserting
``Assistant'' before ``Director'';
(II) in paragraph (15), as added by section 1431(a)(7), by
striking ``and'' at the end;
(III) by redesignating paragraph (16), as so redesignated
by section 1431(a)(3), as paragraph (17); and
(IV) by inserting after paragraph (15) the following:
``(16) fully participate in the mechanisms required under
section 2202(c)(8); and'';
(v) in subsection (d), in the matter preceding paragraph
(1), by inserting ``Assistant'' before ``Director''; and
(vi) in subsection (e), in the matter preceding paragraph
(1), by inserting ``Assistant'' before ``Director'';
(B) in sections 1802 through 1805 (6 U.S.C. 572 through
575), by striking ``Director for Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications'';
(C) in section 1809 (6 U.S.C. 579)--
(i) by striking ``Director of Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications'';
(ii) in subsection (b)--
(I) by striking ``Director for Emergency Communications''
and inserting ``Assistant Director for Emergency
Communications''; and
(II) by striking ``Office of Emergency Communications'' and
inserting ``Emergency Communications Division'';
(iii) in subsection (e)(3), by striking ``the Director''
and inserting ``the Assistant Director''; and
(iv) in subsection (m)(1)--
[[Page S3683]]
(I) by striking ``The Director'' and inserting ``The
Assistant Director'';
(II) by striking ``the Director determines'' and inserting
``the Assistant Director determines''; and
(III) by striking ``Office of Emergency Communications''
and inserting ``Cybersecurity and Infrastructure Security
Agency'';
(D) in section 1810 (6 U.S.C. 580)--
(i) in subsection (a)(1), by striking ``Director of the
Office of Emergency Communications (referred to in this
section as the `Director')'' and inserting ``Assistant
Director for Emergency Communications (referred to in this
section as the `Assistant Director')'';
(ii) in subsection (c), by striking ``Office of Emergency
Communications'' and inserting ``Emergency Communications
Division''; and
(iii) by striking ``Director'' each place that term appears
and inserting ``Assistant Director'';
(7) in title XX (6 U.S.C. 601 et seq.)--
(A) in paragraph (5)(A)(iii)(II) of section 2001 (6 U.S.C.
601), as so redesignated by section 1451(b), by striking
``section 210E(a)(2)'' and inserting ``section 2214(a)(2)'';
(B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking
``section 210E(a)(2)'' and inserting ``section 2214(a)(2)'';
and
(C) in section 2021 (6 U.S.C. 611)--
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection (c);
(8) in title XXI (6 U.S.C. 621 et seq.)--
(A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by
inserting ``, which shall be located in the Cybersecurity and
Infrastructure Security Agency'' before the period at the
end; and
(B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
``Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related
programs of the Department appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(9) in title XXII, as added by this Act--
(A) in subtitle A--
(i) in section 2205, as so redesignated--
(I) in the matter preceding paragraph (1)--
(aa) by striking ``section 201'' and inserting ``section
2202''; and
(bb) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(II) in paragraph (1)(B), by striking ``and'' at the end;
(ii) in section 2206, as so redesignated, by striking
``Assistant Secretary for Infrastructure Protection'' and
inserting ``Director of Cybersecurity and Infrastructure
Security'';
(iii) in section 2209, as so redesignated--
(I) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' each place that term appears and inserting
``Director'';
(II) in subsection (a)(4), by striking ``section 212(5)''
and inserting ``section 2222(5)'';
(III) in subsection (b), by adding at the end the
following: ``The Center shall be located in the Cybersecurity
and Infrastructure Security Agency. The head of the Center
shall report to the Assistant Director for Cybersecurity.'';
and
(IV) in subsection (c)(11), by striking ``Office of
Emergency Communications'' and inserting ``Emergency
Communications Division'';
(iv) in section 2210, as so redesignated--
(I) by striking ``section 227'' each place that term
appears and inserting ``section 2209''; and
(II) in subsection (c)--
(aa) by striking ``Under Secretary appointed under section
103(a)(1)(H)'' and inserting ``Director of Cybersecurity and
Infrastructure Security''; and
(bb) by striking ``section 212(5)'' and inserting ``section
2222(5)'';
(v) in section 2211, as so redesignated--
(I) in subsection (b)(2)(A), by striking ``the section
227'' and inserting ``section 2209''; and
(II) in subsection (c)(1)(C), by striking ``section 707''
and inserting ``section 706'';
(vi) in section 2212, as so redesignated, by striking
``section 212(5)'' and inserting ``section 2222(5)'';
(vii) in section 2213(a), as so redesignated--
(I) in paragraph (3), by striking ``section 228'' and
inserting ``section 2210''; and
(II) in paragraph (4), by striking ``section 227'' and
inserting ``section 2209''; and
(viii) in section 2214, as so redesignated--
(I) by striking subsection (e); and
(II) by redesignating subsection (f) as subsection (e); and
(B) in subtitle B--
(i) in section 2222(8), as so redesignated, by striking
``section 227'' and inserting ``section 2209''; and
(ii) in section 2224(h), as so redesignated, by striking
``section 213'' and inserting ``section 2223'';
(h) Technical and Conforming Amendments to Other Laws.--
(1) Cybersecurity act of 2015.--The Cybersecurity Act of
2015 (6 U.S.C. 1501 et seq.) is amended--
(A) in section 202(2) (6 U.S.C. 131 note)--
(i) by striking ``section 227'' and inserting ``section
2209''; and
(ii) by striking ``, as so redesignated by section
223(a)(3) of this division'';
(B) in section 207(2) (Public Law 114-113; 129 Stat.
2962)--
(i) by striking ``section 227'' and inserting ``section
2209''; and
(ii) by striking ``, as redesignated by section 223(a) of
this division,'';
(C) in section 208 (Public Law 114-113; 129 Stat. 2962), by
striking ``Under Secretary appointed under section
103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)(1)(H))'' and inserting ``Director of Cybersecurity and
Infrastructure Security of the Department'';
(D) in section 222 (6 U.S.C. 1521)--
(i) in paragraph (2)--
(I) by striking ``section 228'' and inserting ``section
2210''; and
(II) by striking ``, as added by section 223(a)(4) of this
division''; and
(ii) in paragraph (4)--
(I) by striking ``section 227'' and inserting ``section
2209''; and
(II) by striking ``, as so redesignated by section
223(a)(3) of this division'';
(E) in section 223(b) (6 U.S.C. 151 note)--
(i) by striking ``section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection (a)'' each place
that term appears and inserting ``section 2213(b)(1) of the
Homeland Security Act of 2002''; and
(ii) in paragraph (1)(B), by striking ``section 230(b)(2)
of the Homeland Security Act of 2002, as added by subsection
(a)'' and inserting ``section 2213(b)(2) of the Homeland
Security Act of 2002'';
(F) in section 226 (6 U.S.C. 1524)--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) by striking ``section 230'' and inserting ``section
2213''; and
(bb) by striking ``, as added by section 223(a)(6) of this
division'';
(II) in paragraph (4)--
(aa) by striking ``section 228(b)(1)'' and inserting
``section 2210(b)(1)''; and
(bb) by striking ``, as added by section 223(a)(4) of this
division''; and
(III) in paragraph (5)--
(aa) by striking ``section 230(b)'' and inserting ``section
2213(b)''; and
(bb) by striking ``, as added by section 223(a)(6) of this
division''; and
(ii) in subsection (c)(1)(A)(vi)--
(I) by striking ``section 230(c)(5)'' and inserting
``section 2213(c)(5)''; and
(II) by striking ``, as added by section 223(a)(6) of this
division'';
(G) in section 227 (6 U.S.C. 1525)--
(i) in subsection (a)--
(I) by striking ``section 230'' and inserting ``section
2213''; and
(II) by striking ``, as added by section 223(a)(6) of this
division,''; and
(ii) in subsection (b)--
(I) by striking ``section 230(d)(2)'' and inserting
``section 2213(d)(2)''; and
(II) by striking ``, as added by section 223(a)(6) of this
division,''; and
(H) in section 404 (6 U.S.C. 1532)--
(i) by striking ``Director for Emergency Communications''
each place that term appears and inserting ``Assistant
Director for Emergency Communications''; and
(ii) in subsection (a)--
(I) by striking ``section 227'' and inserting ``section
2209''; and
(II) by striking ``, as redesignated by section 223(a)(3)
of this division,''.
(2) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 227(a) of the Homeland Security Act of 2002 (6
U.S.C. 148(a))'' and inserting ``section 2209(a) of the
Homeland Security Act of 2002''.
(3) Title 5.--Subchapter II of chapter 53 of title 5,
United States Code, is amended--
(A) in section 5314, by inserting after ``Under
Secretaries, Department of Homeland Security.'' the
following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(B) in section 5315, by inserting after ``Assistant
Secretaries, Department of Homeland Security.'' the
following:
``Assistant Director for Cybersecurity, Cybersecurity and
Infrastructure Security Agency.
``Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.''.
(i) Table of Contents Amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(1) by striking the item relating to title II and inserting
the following:
``TITLE II--INFORMATION ANALYSIS'';
(2) by striking the item relating to subtitle A of title II
and inserting the following:
``Subtitle A--Information and Analysis; Access to Information'';
(3) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Information and analysis.'';
(4) by striking the items relating to sections 210E and
210F and inserting the following:
``Sec. 210E. Classified Information Advisory Officer.'';
(5) by striking the items relating to subtitle B of title
II and sections 211 through 215;
(6) by striking the items relating to section 223 through
section 230;
(7) by striking the item relating to subtitle C and
inserting the following:
``Subtitle B--Information Security'';
(8) by striking the item relating to subtitle D and
inserting the following:
``Subtitle C--Office of Science and Technology'';
(9) by striking the items relating to sections 317, 319,
318, and 319 and inserting the following:
``Sec. 317. Promoting antiterrorism through international cooperation
program.
[[Page S3684]]
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.'';
(10) by striking the item relating to section 1801 and
inserting the following:
``Sec. 1801. Emergency Communications Division.''; and
(11) by adding at the end the following:
``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
``Subtitle A--Cybersecurity and Infrastructure Security
``Sec. 2201. Definitions.
``Sec. 2202. Cybersecurity and Infrastructure Security Agency.
``Sec. 2203. Cybersecurity Division.
``Sec. 2204. Infrastructure Security Division.
``Sec. 2205. Enhancement of Federal and non-Federal cybersecurity.
``Sec. 2206. Net guard.
``Sec. 2207. Cyber Security Enhancement Act of 2002.
``Sec. 2208. Cybersecurity recruitment and retention.
``Sec. 2209. National cybersecurity and communications integration
center.
``Sec. 2210. Cybersecurity plans.
``Sec. 2211. Cybersecurity strategy.
``Sec. 2212. Clearances.
``Sec. 2213. Federal intrusion detection and prevention system.
``Sec. 2214. National Asset Database.
``Subtitle B--Critical Infrastructure Information
``Sec. 2221. Short title.
``Sec. 2222. Definitions.
``Sec. 2223. Designation of critical infrastructure protection program.
``Sec. 2224. Protection of voluntarily shared critical infrastructure
information.
``Sec. 2225. No private right of action.''.
SEC. 1602. TRANSFER OF OTHER ENTITIES.
(a) Office of Biometric Identity Management.--The Office of
Biometric Identity Management of the Department of Homeland
Security located in the National Protection and Programs
Directorate of the Department of Homeland Security on the day
before the date of enactment of this Act is hereby
transferred to the Management Directorate of the Department.
(b) Federal Protective Service.--
(1) In general.--Not later than 90 days following the
completion of the Government Accountability Office review of
the organizational placement of the Federal Protective
Service, as requested by Congress, the Secretary of Homeland
Security shall submit to the Director of the Office of
Management and Budget and the appropriate committees of
Congress a recommendation regarding the appropriate placement
of the Federal Protective Service within the executive branch
of the Federal Government.
(2) Consultation and assessment.--The recommendation
described in paragraph (1) shall--
(A) be developed after consultation with the head of any
executive branch entity that the Secretary intends to
recommend for the placement of the Federal Protective
Service; and
(B) include--
(i) an assessment of the how the Department of Homeland
Security considered the Government Accountability Office
review described in paragraph (1) and any other relevant
analysis; and
(ii) an explanation of any statutory changes that may be
necessary to effectuate the recommendation.
SEC. 1603. DHS REPORT ON CLOUD-BASED CYBERSECURITY.
(a) Definition.--In this section, the term ``Department''
means the Department of Homeland Security.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Director of the Office of Management
and Budget and the Administrator of General Services, shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform and the Committee on Homeland Security of
the House of Representatives a report on the leadership role
of the Department in cloud-based cybersecurity deployments
for civilian Federal departments and agencies, which shall
include--
(1) information on the plan of the Department for offering
automated, software-based Security Operations Center as a
service capabilities in accordance with the December 2017
Report to the President on Federal IT Modernization issued by
the American Technology Council;
(2) information on what capabilities the Department will
prioritize for those service capabilities, including--
(A) criteria the Department will use to evaluate
capabilities offered by the private sector; and
(B) information on how government- and private sector-
provided capabilities will be integrated to enable visibility
and consistency of security capabilities across all cloud and
on premise environments, as called for in the report
described in paragraph (1); and
(3) information on how the Department will adapt the
current capabilities of, and future enhancements to, the
intrusion detection and prevention system of the Department
and the Continuous Diagnostics and Mitigation Program of the
Department to secure civilian government networks in a cloud
environment.
SEC. 1604. RULE OF CONSTRUCTION.
Nothing in this title or an amendment made by this title
may be construed as--
(1) conferring new authorities to the Secretary of Homeland
Security, including programmatic, regulatory, or enforcement
authorities, outside of the authorities in existence on the
day before the date of enactment of this Act;
(2) reducing or limiting the programmatic, regulatory, or
enforcement authority vested in any other Federal agency by
statute; or
(3) affecting in any manner the authority, existing on the
day before the date of enactment of this Act, of any other
Federal agency or component of the Department of Homeland
Security.
SEC. 1605. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to
carry out this title or the amendments made by this title.
This title and the amendments made by this title shall be
carried out using amounts otherwise authorized.
TITLE VII--OTHER MATTERS
Subtitle A--Miscellaneous
SEC. 1701. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF
INSPECTOR GENERAL.
There is authorized to be appropriated for the Office of
the Inspector General of the Department of Homeland Security
$175,000,000 for each of fiscal years 2018 and 2019.
SEC. 1702. CANINE TEAMS.
Components of the Department of Homeland Security may
request additional canine teams when there is a justified and
documented shortage and such additional canine teams would be
effective for drug detection or to enhance security.
SEC. 1703. REPORT ON RESOURCE REQUIREMENTS TO RESPOND TO
CONGRESSIONAL REQUESTS.
(a) Definitions.--In this section--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, and every year thereafter, the
Secretary shall submit to Congress a report on requests made
by Congress to the Department that shall include, with
respect to the fiscal year preceding the report or, if
available, the preceding 5 fiscal years--
(1) the total number of congressional requests to the
Department, including a breakdown of the number of requests
made by committees, subcommittees, and caucuses;
(2) the total number of congressional responses for which
the Department was required to prepare, including a breakdown
of the number of hearings, briefings, and outreach events for
the Department and each component of the Department;
(3) the total number of requests for similar or duplicative
briefings, hearings, and other events that were made by
multiple committees of Congress, including--
(A) a breakdown of the number of requests for the
Department and each component of the Department; and
(B) a breakdown of the number of requests for hearings by
topic and by the requesting committees and subcommittees of
Congress;
(4) the total number of written testimony before committees
and reports that the Department had to prepare for or respond
to, including--
(A) a breakdown of the number of written testimony before
committees and reports that the Department and each component
of the Department had to prepare for or respond to; and
(B) a breakdown of the number of written testimony before
committees and reports that the Department and each component
of the Department had to prepare for or respond to by topic,
as determined by the Secretary;
(5) the total number and a list of congressional document
requests and subpoenas sent to the Department, including all
pending document requests and subpoenas, including--
(A) whether a request is currently pending;
(B) how long it took the Department to respond fully to
each request, or, for pending requests, how long the request
has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the original request was received;
(6) the total number and a list of congressional questions
for the record sent to the Department, including all pending
questions for the record, including--
(A) whether a question for the record is currently pending;
(B) how long it took the Department to respond fully to
each question for the record, or, for pending questions for
the record, how long the request has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the original question for the record
was received; and
(7) the total number and a list of congressional letter
requests for information, not including requests for
documents or questions for the record, sent to the
Department, including all pending requests for information,
including--
(A) whether the request for information is currently
pending;
(B) how long it took the Department to respond fully to
each request for information, or, pending requests for
information, how long the request has been outstanding; and
(C) the reason for any response time greater than 90 days
from the date on which the
[[Page S3685]]
original request for information was received; and
(8) any additional information as determined by the
Secretary.
(c) Termination.--This section shall terminate on the date
that is 5 years after the date of enactment of this Act.
SEC. 1704. REPORT ON COOPERATION WITH THE PEOPLE'S REPUBLIC
OF CHINA TO COMBAT ILLICIT OPIOID SHIPMENTS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Attorney General and the Secretary of State, shall submit
to Congress a report on current and planned cooperation with
the Government of the People's Republic of China to end
opioid smuggling, including through online sellers, which
shall include a discussion of--
(1) plans to leverage high-level partnerships with Chinese
officials established through the United States-China Law
Enforcement and Cybersecurity Dialogue to combat the shipment
of illicit opioids to the United States;
(2) the current status and expected time frame for
scheduling additional illicit opioids as illegal;
(3) the current status and expected time frame for shutting
down smuggling routes and methods, including online sellers
located in China; and
(4) any additional forums or diplomatic channels that
should be used to further cooperation with other foreign
governments to combat illicit opioid shipments.
Subtitle B--Commission to Review the Congressional Oversight of the
Department of Homeland Security
SEC. 1711. SHORT TITLE.
This subtitle may be cited as the ``Congressional
Commission to Review the Congressional Oversight of the
Department of Homeland Security Act of 2018''.
SEC. 1712. ESTABLISHMENT.
There is established in the legislative branch a commission
to be known as the ``Congressional Commission to Review
Congressional Oversight of the Department of Homeland
Security'' (in this subtitle referred to as the
``Commission'').
SEC. 1713. MEMBERS OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 6
members, of whom--
(1) 1 member shall be appointed by the Majority Leader of
the Senate, in consultation with the leader of the House of
Representatives who is a member of the political party of
which the Majority Leader is a member, who shall serve as
chairperson of the Commission;
(2) 1 member shall be appointed by the Minority Leader of
the Senate, in consultation with the leader of the House of
Representatives who is a member of the political party of
which the Minority Leader is a member, who shall serve as
vice chairperson of the Commission;
(3) 1 member shall be appointed by the Majority Leader of
the Senate;
(4) 1 member shall be appointed by the Minority Leader of
the Senate;
(5) 1 member shall be appointed by the Majority Leader of
the House of Representatives; and
(6) 1 member shall be appointed by the Minority Leader of
the House of Representatives.
(b) Expertise.--In making appointments under this section,
the individual making the appointment shall give
consideration to--
(1) individuals with expertise in homeland security and
congressional oversight; and
(2) individuals with prior senior leadership experience in
the executive or legislative branch.
(c) Timing of Appointments.--Appointments to the Commission
shall be made not later than 45 days after the date of
enactment of this Act.
(d) Terms; Vacancies.--Each member shall be appointed for
the duration of the Commission. Any vacancy in the Commission
shall not affect the powers of the Commission, and shall be
filled in the manner in which the original appointment was
made.
(e) Compensation.--Members of the Commission shall serve
without pay.
(f) Travel Expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(g) Security Clearances.--The appropriate Federal agencies
or departments shall cooperate with the Commission in
expeditiously providing to the members and employees of the
Commission appropriate security clearances to the extent
possible, pursuant to existing procedures and requirements,
except that no person shall be provided with access to
classified information under this subtitle without the
appropriate security clearances.
SEC. 1714. DUTIES OF THE COMMISSION.
(a) Study of the Department of Homeland Security.--The
Commission shall conduct a comprehensive study of the
congressional oversight of the Department of Homeland
Security, including its components, subcomponents,
directorates, agencies, and any other entities within the
Department to--
(1) review the congressional oversight of the Department of
Homeland Security; and
(2) make recommendations on how congressional committee
jurisdictions in the Senate and House of Representatives
could be modified to promote homeland security and the
efficiency and congressional oversight of the Department.
(b) Report.--Upon the affirmative vote of not less than 4
of the members of the Commission, the Commission shall submit
to the President and Congress a detailed statement of the
findings and conclusions of the Commission based on the study
carried out under subsection (a), together with the
recommendations of the Commission for such legislation or
administrative actions as the Commission considers
appropriate in light of the results of the study.
(c) Deadline.--The Commission shall submit the report under
subsection (b) not later than 9 months after the date on
which a majority of the members of the Commission are
appointed.
SEC. 1715. OPERATION AND POWERS OF THE COMMISSION.
(a) Executive Branch Assistance.--The heads of the
following agencies shall advise and consult with the
Commission on matters within their respective areas of
responsibility:
(1) The Department of Homeland Security.
(2) The Department of Justice.
(3) The Department of State.
(4) The Office of Management and Budget.
(5) Any other agency, as determined by the Commission.
(b) Meetings.--The Commission shall meet--
(1) not later than 30 days after the date on which a
majority of the members of the Commission have been
appointed; and
(2) at such times thereafter, at the call of the
chairperson or vice chairperson.
(c) Rules of Procedure.--The chairperson and vice
chairperson shall, with the approval of a majority of the
members of the Commission, establish written rules of
procedure for the Commission, which shall include a quorum
requirement to conduct the business of the Commission.
(d) Hearings.--The Commission may, for the purpose of
carrying out this subtitle, hold hearings, sit, and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(e) Contracts.--The Commission may contract with and
compensate government and private agencies or persons for any
purpose necessary to enable it to carry out this subtitle.
(f) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
agencies of the Federal Government.
(g) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(h) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the functions of the Commission.
(2) Other departments and agencies.--In addition to the
assistance under paragraph (1), departments and agencies of
the United States may provide to the Commission such
services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
SEC. 1716. FUNDING.
(a) In General.--Subject to subsection (b) and the
availability of appropriations, at the request of the
chairperson of the Commission, the Secretary of Homeland
Security shall transfer funds, as specified in advance in
appropriations Acts and in a total amount not to exceed
$1,000,000, to the Commission for purposes of carrying out
the activities of the Commission as provided in this
subtitle.
(b) Duration of Availability.--Amounts transferred to the
Commission under subsection (a) shall remain available until
the date on which the Commission terminates.
(c) Prohibition on New Funding.--No additional funds are
authorized to be appropriated to carry out this Act. This Act
shall be carried out using amounts otherwise available for
the Department of Homeland Security and transferred under
subsection (a).
SEC. 1717. PERSONNEL.
(a) Executive Director.--The Commission shall have an
Executive Director who shall be appointed by the chairperson
with the concurrence of the vice chairperson. The Executive
Director shall be paid at a rate of pay established by the
chairperson and vice chairperson, not to exceed the annual
rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) Staff of the Commission.--The Executive Director of the
Commission may appoint and fix the pay of additional staff as
the Executive Director considers appropriate.
(c) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(d) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
[[Page S3686]]
SEC. 1718. TERMINATION.
The Commission shall terminate not later than 1 year after
the date of enactment of this Act.
Subtitle C--Technical and Conforming Amendments
SEC. 1731. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT
OF 2002.
(a) Title IV.--Title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended as follows:
(1) In section 427 (6 U.S.C. 235), by striking subsection
(c).
(2) By striking section 431 (6 U.S.C. 239).
(3) In section 476 (6 U.S.C. 296)--
(A) by striking ``the Bureau of Citizenship and Immigration
Services'' each place the term appears and inserting ``United
States Citizenship and Immigration Services''; and
(B) by striking ``the Bureau of Border Security'' each
place the term appears and inserting ``U.S. Immigration and
Customs Enforcement''.
(4) In section 478 (6 U.S.C. 298)--
(A) in the section heading, by inserting ``annual report
on'' before ``immigration'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``Report.--'' and all that follows through
``One year'' and inserting ``Report.--One year''; and
(ii) by redesignating paragraph (2) as subsection (b) and
adjusting the margin accordingly; and
(D) in subsection (b), as so redesignated--
(i) in the heading, by striking ``Matter included'' and
inserting ``Matter Included''; and
(ii) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and adjusting the
margin accordingly.
(b) Title VIII.--Section 812 of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2222; 5 U.S.C. App.,
note to section 6 of Public Law 95-452) is amended as
follows:
(1) By redesignating such section 812 as section 811.
(2) By striking subsections (a) and (c).
(3) In subsection (b)--
(A) by striking ``(as added by subsection (a) of this
section)'' each place it appears;
(B) by redesignating paragraphs (2), (3), and (4) as
subsections (b), (c), and (d), respectively, and adjusting
the margin accordingly;
(C) in paragraph (1), by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively, and
adjusting the margin accordingly; and
(D) by striking ``(b) Promulgation of Initial Guidelines.--
'' and all that follows through ``In this subsection'' and
inserting the following:
``(a) Definition.--In this section''.
(4) In subsection (b), as so redesignated, by striking ``In
general'' and inserting ``In General''.
(5) In subsection (c), as so redesignated, by striking
``Minimum requirements'' and inserting ``Minimum
Requirements''.
(6) In subsection (d), as so redesignated, by striking ``No
lapse of authority'' and inserting ``No Lapse of Authority''.
(c) Title IX.--Section 903(a) of the Homeland Security Act
of 2002 (6 U.S.C. 493(a)) is amended in the subsection
heading by striking ``Members--'' and inserting ``Members.--
''.
(d) Table of Contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended as
follows:
(1) By striking the item relating to section 478 and
inserting the following:
``Sec. 478. Annual report on immigration functions.''.
(2) By striking the items relating to sections 811 and 812
and inserting the following:
``Sec. 811. Law enforcement powers of Inspector General agents.''.
______
SA 2672. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 352. UNITED STATES TRANSPORTATION COMMAND ASSESSMENTS OF
TRANSPORTATION INFRASTRUCTURE.
(a) Responsibilities.--In coordination with the Secretary
of Transportation, the Commander of the United States
Transportation Command shall make available to the
appropriate congressional committees a description and
assessment of the condition of the defense transportation
sector functions, systems, assets, and dependencies as they
relate to supporting Department of Defense operational
capabilities and assets, including any related Transportation
Engineering Agency Infrastructure Assessments.
(b) Identification of Resource Requirements.--In
coordination with the Secretary of Transportation, the
Commander shall identify and submit to the appropriate
congressional committees consolidated and prioritized
resource requirements for transportation infrastructure at
the same time the President submits to Congress the budget
for the next fiscal year under section 1105 of title 31,
United States Code. The submission from the Commander shall
include a synopsis of the En Route Infrastructure Master Plan
and other information necessary to provide a single source
comprehensive set of resource requirements for transportation
infrastructure.
(c) Definitions.--In this section, the term ``appropriate
congressional committees'' means the congressional defense
committees, the Committee on Commerce, Science and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
______
SA 2673. Mr. ROUNDS submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. NATIONAL DEFENSE ACCELERATOR NETWORK PILOT.
(a) Findings.--Congress makes the following findings:
(1) Defense Innovation Unit Experimental (DIUx) has spurred
investment from private venture capital into new non-
traditional companies that focus on national defense
solutions. Since June 2016, seven startups supported by
Defense Innovation Unit Experimental have raised close to
$720,000,000 in subsequent rounds of private venture capital
funding.
(2) An innovation ecosystem can be developed based on a hub
and spoke network closely aligned to public research
universities in partnership with the government and private
capital.
(b) Sense of Congress.--It is the sense of Congress that--
(1) while Defense Innovation Unit Experimental has been
able to attract early stage private capital to dual-use
start-ups, more needs to be done to re-establish a dual use
innovation ecosystem in the United States similar to what was
created in the 1950s and early 1960s in radar and
microelectronics technologies;
(2) this older ecosystem eventually evolved into the
globally dominant commercial information technology industry
primarily based in Silicon Valley but was initially jump-
started based on a partnership between the Government,
leading universities, and the private sector; and
(3) new innovation networks should be developed and
incubated that would be comprised of emerging non-traditional
defense companies to enable the Department of Defense to
stabilize and then hopefully begin to close the digital and
technological gap that is beginning to emerge in many key
areas with United States competitors.
(c) Pilot Required.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program to assess innovation network capabilities.
(2) Establishment of network.--In carrying out the pilot
program required by paragraph (1), the Secretary shall
establish a network of the dual-use startups produced under
the pilot program. Such network would be known as the
``National Defense Accelerator Network''.
(3) Initial test phase.--In carrying out the pilot program
required by paragraph (1), the Secretary may carry out an
initial test phase at one leading university that--
(A) has an established leadership team that is intimately
familiar with the workings of In-Q-Tel and Defense Innovation
Unit Experimental; and
(B) has established relationships with leading venture
capital firms and other sources of early stage financial
capital.
(4) Producing dual-use startups.--The pilot program
required by paragraph (1) shall be a pilot program to assess
the ability to produce dual-use startups focused on priority
defense technology that attract seed and round A financing
from premier venture capital firms in the United States.
(5) Scalability.--The Secretary shall ensure that the pilot
program conducted under paragraph (1) is designed to be
scalable and, if successful, enlarged to consist of at least
10 and not more than 20 leading regionally-based public
research universities.
(d) Semiannual Reports.--Not less frequently than once
every six months for the first two years of the pilot program
conducted under subsection (c), the Secretary shall brief the
congressional defense committees on the progress of the
Secretary in carrying out the pilot program.
(e) Funding.--Of the amounts appropriated or otherwise made
available by this Act for the Industrial Base Analysis and
Sustainment program (IBAS), Defense Innovation Unit
Experimental, the Rapid Innovation Fund (RIF), and for any
purpose relating to strengthening and improving the defense
industrial base, $5,000,000 shall be available to carry out
the pilot program required by subsection (c).
______
SA 2674. Mr. INHOFE submitted an amendment intended to be proposed to
[[Page S3687]]
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. MODIFICATION TO RECOVERY OF EXCESS RIFLES,
AMMUNITION, AND PARTS GRANTED TO FOREIGN
COUNTRIES AND TRANSFER TO CERTAIN PERSONS.
Section 40728B(a)(1)(A) of title 36, United States Code, is
amended by striking ``provided to any country'' and inserting
``sold to any country through foreign military sales or
provided''.
______
SA 2675. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1250. SENSE OF SENATE ON INCORPORATION OF NAVAL
PROPULSION AND TECHNOLOGY SYSTEMS MANUFACTURED
IN THE UNITED STATES INTO THE NAVAL VESSELS OF
UNITED STATES ALLIES IN THE INDO-PACIFIC
REGION.
It is the sense of the Senate that, consistent with the
Conventional Arms Transfer Policy of the United States
Government recently updated to promote policies that
strengthen our allies and partners around the world and
preserve peace while creating American manufacturing jobs--
(1) it is in the interest of the United States that naval
propulsion and technology systems manufactured in the United
States be incorporated into warships of navies of close
allies of the United States, including Australia, Canada,
India, South Korea, Taiwan, and other countries pursuing the
modernization of their fleets; and
(2) naval cooperation arising from the incorporation of
such systems into such warships will--
(A) help guarantee interoperability and commonality of
warfighting systems between the United States and our allies
in the Indo-Pacific region; and
(B) promote the expansion of the dynamism and innovation of
the defense industry manufacturing supply chain in the United
States.
______
SA 2676. Mr. MENENDEZ (for himself, Mr. Nelson, Mr. Warner, Mr.
Wyden, Ms. Warren, Mr. Udall, and Mrs. Murray) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. DISCLOSURE OF PRIVATE BUSINESS TRANSACTIONS WITH
FOREIGN PERSONS.
Section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565) is amended by adding at the end the following:
``(o) Disclosure of Private Business Transactions With
Foreign Persons.--
``(1) In general.--Not less frequently than every 90 days,
each covered officer shall disclose to the public any covered
private business transaction during the preceding 90 days
between--
``(A)(i) the covered officer;
``(ii) the spouse of the covered officer; or
``(iii) a covered private business with respect to the
covered officer; and
``(B) a foreign person.
``(2) Matters to be included.--For any private business
transaction disclosed under paragraph (1), the covered
officer shall include in the disclosure the following:
``(A) The name of the foreign person with which the
transaction was conducted.
``(B) The amount of any funds received from or owed to the
foreign person.
``(C) The date of the transaction.
``(D) A detailed summary of the purpose of the transaction.
``(E) The name of any United States entity through which
the transaction was processed or funds relating to the
transaction were transferred.
``(3) Publication.--Any disclosure made under paragraph (1)
shall be made available on the publicly available internet
website of the Department of the Treasury.
``(4) Definitions.--In this subsection:
``(A) Covered officer.--The term `covered officer' means
the President, the Vice President, and each member of the
Committee.
``(B) Covered private business.--The term `covered private
business'--
``(i) means--
``(I) a sole proprietorship or business entity in which a
covered officer or the spouse of the covered officer holds an
ownership interest; and
``(II) an entity in which--
``(aa) a covered officer holds a position required to be
reported under section 102(a)(6) of the Ethics in Government
Act of 1978 (5 U.S.C. App.); or
``(bb) the spouse of the covered officer holds a position
that would be required to be reported under section 102(a)(6)
of the Ethics in Government Act of 1978 (5 U.S.C. App.) if it
were a position held by the covered officer;
``(ii) includes any private entity for which the covered
officer is required to report an ownership interest of the
covered officer or the spouse of the covered officer under
section 102(a)(3) of the Ethics in Government Act of 1978 (5
U.S.C. App.); and
``(iii) does not include--
``(I) a publicly traded entity; or
``(II) an entity described in clause (i)(I) or (ii) if the
ownership interest is held in a qualified blind trust, as
defined in section 101(f)(3) of the Ethics in Government Act
of 1978 (5 U.S.C. App.).
``(C) Covered private business transaction.--The term
`covered private business transaction' means--
``(i) the exchange of anything with a value of more than
$200; and
``(ii) incurring a liability that would be required to be
reported under section 102(a)(4) of the Ethics in Government
Act of 1978 (5 U.S.C. App.) if it were a liability of the
covered officer.''.
______
SA 2677. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XI, add the following:
SEC. 1107. EXTENSION OF OVERTIME RATE AUTHORITY FOR
DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING
WORK ABOARD OR DOCKSIDE IN SUPPORT OF THE
NUCLEAR-POWERED AIRCRAFT CARRIER FORWARD
DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2019'' and inserting
``September 30, 2021''.
______
SA 2678. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1239. REPORT ON SECTION 231 OF THE COUNTERING RUSSIAN
INFLUENCE IN EUROPE AND EURASIA ACT OF 2017.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a baseline report that
describes those persons that the President has determined
under section 231 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9525) have
knowingly engaged, on or after August 2, 2017, in a
significant transaction with a person that is part of, or
operates for or on behalf of, the defense or intelligence
sectors of the Government of the Russian Federation, as
defined in guidance required under subsection (d) of that
section.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act and every 30 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
(c) Elements.--Each report required by subsection (a) or
(b) shall contain the following:
(1) A list of persons that the President has determined
under section 231 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9525) have
knowingly engaged, on or after August 2, 2017, in a
significant transaction with a person that is part of, or
operates for or on behalf of, the
[[Page S3688]]
defense or intelligence sectors of the Government of the
Russian Federation, as defined in guidance required under
subsection (d) of that section.
(2) A year-by-year and country-by-country description of
purchases from persons described in paragraph (1), dating
back to August 2, 2012.
(3) A description of the significant transactions described
in subsection (a), including, for each such transaction,
types of material and equipment involved, the monetary value
of the transaction, and the duration of any contract
involved.
(4) A description of the diplomatic efforts by the United
States to persuade persons to no longer conduct significant
transactions with persons that are part of, or operate for or
on behalf of, the defense or intelligence sectors of the
Government of the Russian Federation, as defined in guidance
required under subsection (d) of such section 231.
(5) A description of significant transactions with persons
that are part of, or operate for or on behalf of, the defense
or intelligence sectors of the Government of the Russian
Federation that the United States was able to persuade,
through diplomatic efforts, persons not to pursue, including
a description of each such transaction and the monetary value
of the transaction.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
has the meaning given that term in section 221 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (22 U.S.C. 9521).
______
SA 2679. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1239. SENSE OF CONGRESS ON IMPLEMENTATION OF SANCTIONS
WITH RESPECT TO DEFENSE AND INTELLIGENCE
SECTORS OF RUSSIAN FEDERATION.
It is the sense of Congress that the President--
(1) should acknowledge that the defense and intelligence
sectors of the Russian Federation attacked the United States
democratic process in 2016 and continue such activity to this
day;
(2) should reiterate that the purpose of section 231 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (22 U.S.C. 9525) is to target those sectors with
sanctions until the Government of the Russian Federation has
made significant efforts to reduce the number and intensity
of cyber intrusions conducted by that Government;
(3) should fully implement all mandatory provisions of the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-144; 131 Stat. 866);
(4) should use the leverage provided in such section 231 to
ensure that persons substantially reduce significant
transactions with persons that are part of, or operate for or
on behalf of, the defense or intelligence sectors of the
Government of the Russian Federation, as defined in guidance
required under subsection (d) of such section; and
(5) as provided for in subsection (c) of such section, may
delay the imposition of sanctions under subsection (a) of
such section with respect to a person if the President
certifies to the appropriate congressional committees (as
defined in section 221 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9521)), not less
frequently than every 180 days while the delay is in effect,
that the person is substantially reducing the number of
significant transactions described in subsection (a) of such
section 231 in which that person engages.
______
SA 2680. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1226. REPORT ON NON-DEFENSE AND NON-HUMANITARIAN
ASSISTANCE IN SYRIA.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State and the
Administrator for the United States Agency for International
Development shall submit to the appropriate committees of
Congress a report on the status of non-defense and non-
humanitarian United States assistance in Syria.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A statement of United States objectives, and any recent
changes to objectives, for non-defense and non-humanitarian
assistance in Syria.
(2) A statement of United States policy regarding the
intent of the United States Government with respect to
assistance for the activities and mission of the White
Helmets in Syria.
(3) A list of non-defense and non-humanitarian programs and
summary of activities funded by United States assistance in
Syria for the last three fiscal years.
(4) A list of non-defense and non-humanitarian programs and
summary of activities in Syria terminating in the current
fiscal year, the anticipated timeline for closure, and a
summary of the discussions with donors and beneficiaries
regarding the drawdown of United States assistance and
closure of United States programs and activities.
(5) A discussion of possible impacts of closure of non-
defense and non-humanitarian United States assistance in
northwest and northeast Syria, including--
(A) countering violent extremism;
(B) employment and unemployment of Syrians;
(C) security in local Syrian communities, including support
to moderate armed opposition;
(D) self-governance in liberated areas;
(E) refugee-hosting countries; and
(F) implications of withdrawal of non-humanitarian and non-
defense United States assistance on plans and activities of
other donors.
(c) Form.--The report required under subsection (a) may be
submitted in classified form, but shall include an
unclassified annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
______
SA 2681. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. __. COMPREHENSIVE INTERNATIONAL STRATEGY FOR COMBATTING
TRAFFICKING OF HEROIN AND FENTANYL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there is an opioid epidemic in the United States with
more than 42,000 deaths in 2016 from opioid overdose, more
than any previous year in history, according to the Center
for Disease Control and Prevention;
(2) more than 20,000 of the 42,000 opioid-related deaths in
2016 were caused by fentanyl and fentanyl-like synthetic
opioids, and nearly 15,500 were caused by heroin;
(3) the majority of illicit heroin and fentanyl in the
United States enters through the 7,500 miles of shared border
with Canada and Mexico, and 93 percent of the illicit heroin
in the United States originates in Mexico;
(4) China produces 90 percent of the world's supply of the
extremely dangerous and addictive synthetic opioid fentanyl
and illegal shipments of fentanyl are increasingly entering
the United States by mail from China;
(5) the strategic partnership between the United States
Government, the Government of Mexico, and the Government of
Canada, which must be based on mutual respect and the
promotion of shared democratic values and principles, is
essential to upholding national security and economic well-
being of the United States;
(6) robust cooperation between the United States
Government, the Government of Mexico, the Government of
Canada, and the Government of China is indispensable to
addressing the trafficking of illicit heroin and fentanyl
into the United States; and
(7) the activities described in this section are intended
to complement the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198), which--
(A) was signed into law on July 22, 2016;
(B) authorized over $181,000,000 to respond to the United
States epidemic of opioid abuse; and
(C) increases prevention programs and the availability of
treatment programs.
(b) Strategy.--The Secretary of State, in consultation with
appropriate Federal agencies, shall develop a multiyear
international strategy--
(1) to address the illicit cultivation of poppy flowers,
including through eradication;
(2) to promote alternative economic opportunities for
individuals and communities involved in the illicit
cultivation of poppy flowers;
[[Page S3689]]
(3) to increase controls for precursor chemicals utilized
for the production of illicit heroin and fentanyl;
(4) to decommission laboratories utilized for the
production of illicit heroin and fentanyl;
(5) to combat the activities transnational criminal
organizations involved in the production and trafficking of
illicit heroin and fentanyl;
(6) to interdict the trafficking of illicit heroin and
fentanyl;
(7) to advance the investigation, detention, and
prosecution of the senior members of transnational criminal
organizations involved in the production and trafficking of
illicit heroin and fentanyl;
(8) to strengthen the capacity of judicial and law
enforcement institutions in order to advance the activities
described in paragraph (7);
(9) to carry out the judicial and internal oversight
reforms necessary to reduce corruption in foreign agencies
and security forces charged with combating heroin and
fentanyl trafficking;
(10) to pursue the extradition of the senior members of
transnational criminal organizations involved in the
production and trafficking of illicit heroin and fentanyl;
(11) to carry out special financial investigations to
identify and track the illicit financial proceeds from and
money laundering related to heroin and fentanyl trafficking;
and
(12) to combat the illegal smuggling of arms and bulk cash
that fuel the illicit narcotics trade and the activities of
transnational criminal organizations.
(c) Submittal.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit the strategy required by subsection (b) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Elements.--The strategy required by subsection (b)
shall include a description of efforts to address the
international trafficking of illicit heroin and fentanyl and
related precursor chemicals--
(1) at seaports, airports, and ports of entry;
(2) in maritime and land-based trafficking routes; and
(3) through international and United States postal
services.
(e) Agencies Involved.--The strategy required by subsection
(b) shall include input from--
(1) the United States Agency for International Development;
(2) the Department of Treasury;
(3) the Department of Justice;
(4) the Department of Homeland Security;
(5) the Department of Defense;
(6) the Drug Enforcement Administration;
(7) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
(8) the Federal Bureau of Investigations; and
(9) the United States Postal Service.
(f) Geographic Scope.--The strategy required by subsection
(b) shall--
(1) describe necessary cooperation with the Government of
Mexico and the Government of Canada;
(2) describe necessary coordination with the Government
China; and
(3) include information from consultations with the
Government of Mexico, the Government of Canada, and the
Government of China.
(g) Additional Prioritization.--While maintaining the
principal focus on heroin and fentanyl, the strategy required
by subsection (b) shall also prioritize programs and
initiatives that address challenges posed by use of other
illicit narcotics, including cocaine and methamphetamine.
(h) Coordination.--The Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs shall--
(1) lead the interagency process to coordinate
implementation of the strategy required by subsection (b);
(2) routinely consult with Congress and provide timely
information about the activities of all participating
agencies of the Government to carry out such strategy; and
(3) lead engagement with multilateral organizations and
institutions, foreign governments, and domestic and
international civil society organizations.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $150,000,000 for fiscal year 2019 to
carry out the activities set forth in the strategy required
by subsection(b) in accordance with this section.
(2) Notification requirement.--
(A) In general.--Except as provided in subparagraph (B),
amounts appropriated or otherwise made available pursuant to
paragraph (1) may not be obligated until 15 days after the
date on which the President provides notice to the committees
described in subsection (c) of intent to obligate such funds.
(B) Waiver.--
(i) In general.--The Secretary of State may waive
subparagraph (A) if the Secretary of State determines that
such requirement would pose a substantial risk to human
health or welfare.
(ii) Notification requirement.--If a waiver is invoked
under clause (i), the President shall notify the committees
described in subsection (c) of the intent to obligate funds
under this section as early as practicable, but not later
than three days after taking the action to which such
notification requirement was applicable in the context of the
circumstances necessitating such waiver.
______
SA 2682. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. LIMITATION ON WAIVER OF NONRECURRING COSTS FOR
FOREIGN MILITARY SALES PENDING NOTICE AND WAIT
TO CONGRESS.
(a) In General.--The President may not issue a waiver of
nonrecurring costs for foreign military sales pursuant to
section 21(e)(2)(B) of the Arms Export Control Act (22 U.S.C.
2761(e)(2)(B)) with respect to a sale to a country other than
a member country of the North Atlantic Treaty Organization,
Australia, Japan, the Republic of Korea, Israel, or New
Zealand until 15 days after providing notice of the proposed
waiver to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(b) Element.--The notice required by subsection (a) shall
include a detailed justification for the proposed waiver.
(c) Form.--Such notice shall be provided--
(1) in unclassified form, but may include a classified
annex; and
(2) in accordance with the procedures described in section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394).
______
SA 2683. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1257. REPORT ON ARMS EMBARGO ON CYPRUS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a report on the current impact of
the United States arms embargo on the Republic of Cyprus.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) A list of items that have been requested by Cyprus from
the United States, but have been denied under the arms
embargo referred to in such subsection.
(2) An analysis of the impact that lifting the arms embargo
would have on United States interests related to the island
of Cyprus and the Eastern Mediterranean region.
(3) An analysis of how the arms embargo is being complied
with in areas controlled by Cyprus, and in occupied northern
Cyprus, and whether any party has violated the letter or
spirit of the arms embargo.
(4) An analysis of how the arms embargo against Cyprus
impacts the ability of the United States and its partners to
combat threats in the Mediterranean region.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
______
SA 2684. Ms. STABENOW (for herself, Mr. Grassley, and Mrs. McCaskill)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
After section 1715, insert the following:
[[Page S3690]]
SEC. 1716. CONSIDERATION BY COMMITTEE ON FOREIGN INVESTMENT
IN THE UNITED STATES OF NATIONAL SECURITY
EFFECTS OF TRANSACTIONS ON FOOD AND AGRICULTURE
SECTORS.
Section 721(f)(6) of the Defense Production Act of 1950 (50
U.S.C. 4565(f)(6)) is amended by inserting after ``assets''
the following: ``and assets related to the food and
agriculture sectors''.
______
SA 2685. Mrs. SHAHEEN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At appropriate place in title XVI, insert the following:
SEC. ___. ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED
STATES OF AMOUNT AND DISTRIBUTION OF
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
RESOURCES.
(a) Assessment.--The Comptroller General of the United
States shall, in consultation with the Secretary of Defense,
the Director of National Intelligence, the secretaries of the
military departments, the commanders of the relevant
combatant support agencies, and the commanders of the
combatant commands, carry out an assessment of the amount and
distribution of intelligence, surveillance, and
reconnaissance resources across the intelligence community
and the Armed Forces.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this act, the Comptroller General shall
submit to the appropriate committees of Congress a report on
the assessment required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the amount and distribution of
intelligence, surveillance, and reconnaissance resources
across the intelligence community and the Armed Forces,
specifically--
(i) the balance of intelligence, surveillance, and
reconnaissance resources being used to support the demands of
policymakers (via the intelligence community) relative to the
distribution of intelligence, surveillance, and
reconnaissance being used to support the demands of the
commanders of the combatant commands (via the military
services);
(ii) whether the distribution of such resources is
optimally aligned with the National Security Strategy; and
(iii) where risks are being assumed based on balancing the
distribution of intelligence, surveillance, and
reconnaissance resources.
(B) An assessment of the distribution of intelligence,
surveillance, and reconnaissance resources among the various
combatant commands, including--
(i) whether the resources are optimally aligned with the
2018 National Defense Strategy; and
(ii) where risks are being assumed based on intelligence,
surveillance, and reconnaissance resource levels.
(C) An assessment of the distribution of intelligence,
surveillance, and reconnaissance resources within each
combatant command, including--
(i) the balance between intelligence, surveillance, and
reconnaissance resources being used to support ongoing
operations versus intelligence, surveillance, and
reconnaissance resources being used to support contingency
operations; and
(ii) whether the resources are optimally aligned with the
2018 National Defense Strategy; and
(iii) where risks are being assumed based on intelligence,
surveillance, and reconnaissance resource levels.
(D) An assessment of the effect of increasing the overall
level of intelligence, surveillance, and reconnaissance
resources on achieving national security objectives of the
United States, as well as the effect of increasing the level
of intelligence, surveillance, and reconnaissance resources
for the highest priority requirements for the Director of
National Intelligence and commanders of the combatant
commands.
(E) Recommendations for maximizing any additional
intelligence, surveillance, and reconnaissance resources to
support national security objectives of the United States,
particularly for the highest priority requirements for the
Director and the commanders of the combatant commands, as
well as how most effectively to buy-down significant
strategic risks.
(3) Form.--The report submitted under paragraph (1) shall
include an unclassified summary, but may otherwise be
classified, as appropriate.
(c) Rule of Construction.--Nothing in this section shall be
construed to waive the requirements or applicability of
section 348 of the Intelligence Authorization Act for Fiscal
Year 2010 (50 U.S.C. 3308).
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
______
SA 2686. Mrs. SHAHEEN (for herself, Mrs. Murray, and Ms. Stabenow)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. REPORT ON USE BY DEPARTMENT OF DEFENSE OF QUALITY
MEASURES TO ASSESS MATERNAL MORTALITY AND
SERIOUS MORBIDITY.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the use by the Department of Defense of quality of
care measures in assessing maternal and infant mortality and
serious morbidity for active duty members of the Armed
Forces.
(b) Elements.--The report required by subsection (a) shall
include a comparison between care provided through military
treatment facilities and care provided by the Department of
Defense through private sector contracts as well as a
comparison of quality of care measures between care provided
by the Department and care provided to civilian populations.
______
SA 2687. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH
LIMITATIONS OF CERTAIN MILITARY PERSONNEL
ASSIGNED FOR DUTY IN CONNECTION WITH THE
FOREIGN MILITARY SALES PROGRAM.
(a) Exclusion.--Except as provided in subsection (c),
members of the Armed Forces on active duty who are assigned
to an entity specified in subsection (b) for duty in
connection with the Foreign Military Sales (FMS) program
shall not count toward any end strength limitation for
active-duty personnel otherwise applicable to members of the
Armed Forces on active duty.
(b) Specified Entities.--The entities specified in this
subsection are the following:
(1) The military departments.
(2) The Defense Security Cooperation Agency.
(3) The combatant commands.
(c) Inapplicability to General and Flag Officers.--
Subsection (a) shall not apply with respect to any general or
flag officer assigned as described in that subsection.
______
SA 2688. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. TRANSFER OF EXCESS AIR FORCE MQ-1 PREDATOR
REMOTELY PILOTED AIRCRAFT AND RELATED EQUIPMENT
TO DEPARTMENT OF HOMELAND SECURITY FOR U.S.
CUSTOMS AND BORDER PATROL PURPOSES.
(a) Offer of First Refusal Outside DoD.--
(1) In general.--Upon a determination that aircraft or
equipment specified in subsection (b) is also excess to the
requirements of all components of the Department of Defense,
the Secretary of the Air Force shall offer to the Secretary
of Homeland Security to transfer such aircraft or equipment
to the Secretary of Homeland Security for use by U.S. Customs
and Border Patrol.
(2) Timing of offer.--Any offer under this subsection for
aircraft or equipment shall be made before such aircraft or
equipment is
[[Page S3691]]
otherwise disposed of outside the Department of Defense.
(b) Aircraft and Equipment.--The aircraft and equipment
specified in this subsection is the following:
(1) Retired MQ-1 Predator remotely piloted aircraft of the
Air Force that are excess to Department of the Air Force
requirements.
(2) Initial spare MQ-1 Predator remotely pilot aircraft of
the Air Force that are excess to such requirements.
(3) Ground support equipment of the Air Force for MQ-1
Predator remotely piloted aircraft that is excess to such
requirements.
(c) Transfer.--If the Secretary of Homeland Security
accepts an offer under subsection (a), the Secretary of the
Air Force shall transfer the aircraft or equipment concerned
to the Secretary of Homeland Security. The cost of any
aircraft or equipment so transferred, and the cost of
transfer, shall be borne by the Secretary of Homeland
Security.
(d) Demilitarization.--Any aircraft or equipment
transferred under this section shall be demilitarized before
transfer. The cost of demilitarization shall be borne by the
Secretary of the Air Force.
(e) Use of Transferred Aircraft and Equipment.--Any
aircraft or equipment transferred to the Secretary of
Homeland Security pursuant to this section shall be used by
the Commissioner of U.S. Customs and Border Patrol for border
security, enforcement of the immigration laws, and related
purposes.
______
SA 2689. Mr. HELLER (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF
EFFECT OF OTHER-THAN-HONORABLE DISCHARGES ON
VETERAN EMPLOYMENT OUTCOMES.
(a) Review Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall, in consultation with the Secretary
of Defense, the Secretary of Veterans Affairs, and the
Secretary of Labor, commence a review of the effect of
discharges and releases from service in the active military,
naval, or air service under conditions other than honorable
on employment outcomes for veterans who were so discharged or
released.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) An assessment of the effect of a discharge or release
described in subsection (a) on a veteran's employment
outcomes.
(2) Development of recommendations for legislative or
administrative action to reduce the negative effect of such a
discharge or release on employment outcomes, including
potential educational campaigns.
(3) An assessment of agency outreach or other relevant
efforts to inform veterans of their ability to seek a change
to their character of discharge through a discharge review
board.
(4) An assessment of the progress of the Secretary of
Defense in implementing the recommendations of the
Comptroller General published in the Government
Accountability Office report GAO-17-260 in May of 2017 on
actions needed to ensure post-traumatic stress disorder and
traumatic brain injury are considered in misconduct
separations.
(5) A review and development of recommended areas for
improvement in the implementation by the Department of
Defense of its August 25, 2017, clarifying guidance to
Military Discharge Review Boards and Board for Correction of
Military/Naval Records related to mental health conditions,
sexual assault, or sexual harassment. Such review shall
include identifying statistics on the number of upgrades and
discharge reliefs requested and granted and the average
timeframe for review of such requests.
(c) Report.--Not later than 90 days after the date on which
the Comptroller General completes the review required by
subsection (a), the Comptroller General shall submit to
Congress a report on the results of the review.
(d) Definitions.--In this section, the terms ``active
military, naval, or air service'', ``discharge or release'',
and ``veteran'' have the meaning given such terms in section
101 of title 38, United States Code.
______
SA 2690. Mr. PERDUE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In section 1725(b)(4)(C), add at the end the following:
(vi) The provision of support by a United States person in
connection with the license of a patent, if the patent is
widely licensed on a non-exclusive basis and the support is
generally provided to licensees of the patent.
______
SA 2691. Mr. PORTMAN (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 1233 and insert the following:
SEC. 1233. EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as most
recently amended by section 1234 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
is further amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(4) To assist Ukraine in improving the level of
interoperability of the Ukrainian Armed Forces with the North
Atlantic Treaty Organization.'';
(2) in subsection (b)--
(A) by striking paragraph (8);
(B) by redesignating paragraphs (9) through (15) as
paragraphs (8) through (14), respectively; and
(C) by adding at the end the following new paragraphs:
``(15) Training and other support designed to enhance the
air defense capabilities of the Ukrainian Armed Forces.
``(16) Training required to maintain and employ systems and
capabilities described in paragraphs (1) through (15).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``for fiscal year 2018
pursuant to subsection (f)(3)'' and inserting ``for fiscal
year 2019 pursuant to subsection (f)(4)'';
(B) by amending paragraph (2) to read as follows:
``(2) Certification.--
``(A) In general.--The certification described in this
paragraph is a certification by the Secretary of Defense, in
coordination with the Secretary of State, that the Government
of Ukraine has taken substantial actions to make defense
institutional reforms for purposes of decreasing corruption,
increasing accountability, and sustaining improvements of
combat capability enabled by assistance under subsection (a).
``(B) Reforms.--In consideration of the certification
described in this paragraph, the Secretary of Defense shall
consider defense institutional reforms, including--
``(i) strengthening civilian control of the military;
``(ii) enhanced cooperation and coordination with Verkhovna
Rada efforts to exercise oversight of the Ministry of Defense
and military forces;
``(iii) increased transparency and accountability in
defense procurement;
``(iv) improvement in transparency, accountability,
sustainment, and inventory management in the defense
industrial sector;
``(v) improvement in life-cycle management;
``(vi) improvement in protection of proprietary or
sensitive technologies; and
``(vii) progress in strengthening the authority of the
Ministry of Defense to enter directly into contracts with
foreign defense firms and import and maintain foreign defense
equipment.
``(C) Assessment and methodology.--The certification shall
include an assessment of the substantial actions taken to
make such defense institutional reforms and the areas in
which additional action is needed and a description of the
methodology used to evaluate whether Ukraine has made
progress in defense institutional reforms relative to
previously established goals and objectives.'';
(C) in paragraph (3), by striking ``fiscal year 2018'' and
inserting ``fiscal years 2018 and 2019'';
(D) by redesignating paragraph (4) as paragraph (5); and
(E) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Defense industry reform.--Of the amount made
available for fiscal year 2019 under subsection (f), not more
than $3,000,000 shall be available to provide advisory
assistance relating to financial reform and accountability
measures in the Ukrainian defense industry, including an
independent audit of the state-owned defense concern of
Ukraine, Ukroboronprom.'';
(4) in subsection (f), by adding at the end the following
new paragraph:
``(4) For fiscal year 2019, $200,000,000.''; and
(5) in subsection (h), by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
[[Page S3692]]
______
SA 2692. Mr. NELSON submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
Subtitle E--Military Lending Act and Related Matters
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Military Lending
Improvement Act of 2018''.
SEC. 642. DECREASE IN MAXIMUM AUTHORIZED ANNUAL PERCENTAGE
RATE ON CREDIT FOR MEMBERS OF THE ARMED FORCES.
(a) Decrease in Rate.--Section 987(b) of title 10, United
States Code, is amended by striking ``36 percent'' and
inserting ``28 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act, and shall apply with respect to
consumer credit extended on or after such effective date.
SEC. 643. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF MEMBERS OF THE ARMED FORCES.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' has the meaning given the term in section 987(i) of
title 10, United States Code.
``(2) Prohibition.--A debt collector may not communicate,
in connection with the collection of any debt, with the
commanding officer or officer in charge of any covered
member, including for the purpose of acquiring location
information about the covered member.''.
(b) False or Misleading Representations.--Section 807 of
the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is
amended by adding at the end the following:
``(17) The false representation to any covered member, as
defined in section 987(i) of title 10, United States Code,
that failure to cooperate with a debt collection will result
in prosecution under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 644. DATA PROTECTION STANDARDS FOR CREDIT REPORTING
AGENCIES THAT USE DEPARTMENT OF DEFENSE
PERSONNEL DATA.
(a) Determination on Adequacy of Data Protection
Standards.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Federal Trade Commission, determine
whether or not each entity that downloads Military Lender Act
bulk data from the Defense Manpower Data Center uses adequate
safeguards to protect the downloaded data against breach or
other potential misuse. The Secretary shall make the
determination using a study of the practices of such entities
conducted by the Secretary for purposes of this subsection.
(b) Termination of Access to Bulk Data.--If pursuant to
subsection (a), the Secretary determines that the safeguards
of an entity described in that subsection are not adequate as
described in that subsection, the Secretary shall terminate
the access of the entity to bulk data described in that
subsection by not later than 30 days after the date of the
determination.
(c) Restoration of Access to Bulk Data.--If access of an
entity to bulk data is terminated pursuant to subsection (b),
the Secretary may subsequently restore access of the entity
to bulk data if the Secretary determines that the entity has
taken remedial measures to ensure that any data downloaded
from such bulk data is adequately protected against breach or
other potential misuse.
______
SA 2693. Mr. NELSON submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
Subtitle E--Military Lending Act and Related Matters
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Military Lending
Improvement Act of 2018''.
SEC. 642. DECREASE IN MAXIMUM AUTHORIZED ANNUAL PERCENTAGE
RATE ON CREDIT FOR MEMBERS OF THE ARMED FORCES.
(a) Decrease in Rate.--Section 987(b) of title 10, United
States Code, is amended by striking ``36 percent'' and
inserting ``24 percent''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act, and shall apply with respect to
consumer credit extended on or after such effective date.
SEC. 643. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF MEMBERS OF THE ARMED FORCES.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' has the meaning given the term in section 987(i) of
title 10, United States Code.
``(2) Prohibition.--A debt collector may not communicate,
in connection with the collection of any debt, with the
commanding officer or officer in charge of any covered
member, including for the purpose of acquiring location
information about the covered member.''.
(b) False or Misleading Representations.--Section 807 of
the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is
amended by adding at the end the following:
``(17) The false representation to any covered member, as
defined in section 987(i) of title 10, United States Code,
that failure to cooperate with a debt collection will result
in prosecution under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 644. DATA PROTECTION STANDARDS FOR CREDIT REPORTING
AGENCIES THAT USE DEPARTMENT OF DEFENSE
PERSONNEL DATA.
(a) Determination on Adequacy of Data Protection
Standards.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Federal Trade Commission, determine
whether or not each entity that downloads Military Lender Act
bulk data from the Defense Manpower Data Center uses adequate
safeguards to protect the downloaded data against breach or
other potential misuse. The Secretary shall make the
determination using a study of the practices of such entities
conducted by the Secretary for purposes of this subsection.
(b) Termination of Access to Bulk Data.--If pursuant to
subsection (a), the Secretary determines that the safeguards
of an entity described in that subsection are not adequate as
described in that subsection, the Secretary shall terminate
the access of the entity to bulk data described in that
subsection by not later than 30 days after the date of the
determination.
(c) Restoration of Access to Bulk Data.--If access of an
entity to bulk data is terminated pursuant to subsection (b),
the Secretary may subsequently restore access of the entity
to bulk data if the Secretary determines that the entity has
taken remedial measures to ensure that any data downloaded
from such bulk data is adequately protected against breach or
other potential misuse.
______
SA 2694. Mr. NELSON submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
Subtitle E--Military Lending Act and Related Matters
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Military Lending
Improvement Act of 2018''.
SEC. 642. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF MEMBERS OF THE ARMED FORCES.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' has the meaning given the term in section 987(i) of
title 10, United States Code.
``(2) Prohibition.--A debt collector may not communicate,
in connection with the collection of any debt, with the
commanding officer or officer in charge of any covered
member, including for the purpose of acquiring location
information about the covered member.''.
(b) False or Misleading Representations.--Section 807 of
the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is
amended by adding at the end the following:
``(17) The false representation to any covered member, as
defined in section 987(i) of title 10, United States Code,
that failure to cooperate with a debt collection will result
[[Page S3693]]
in prosecution under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 643. DATA PROTECTION STANDARDS FOR CREDIT REPORTING
AGENCIES THAT USE DEPARTMENT OF DEFENSE
PERSONNEL DATA.
(a) Determination on Adequacy of Data Protection
Standards.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Federal Trade Commission, determine
whether or not each entity that downloads Military Lender Act
bulk data from the Defense Manpower Data Center uses adequate
safeguards to protect the downloaded data against breach or
other potential misuse. The Secretary shall make the
determination using a study of the practices of such entities
conducted by the Secretary for purposes of this subsection.
(b) Termination of Access to Bulk Data.--If pursuant to
subsection (a), the Secretary determines that the safeguards
of an entity described in that subsection are not adequate as
described in that subsection, the Secretary shall terminate
the access of the entity to bulk data described in that
subsection by not later than 30 days after the date of the
determination.
(c) Restoration of Access to Bulk Data.--If access of an
entity to bulk data is terminated pursuant to subsection (b),
the Secretary may subsequently restore access of the entity
to bulk data if the Secretary determines that the entity has
taken remedial measures to ensure that any data downloaded
from such bulk data is adequately protected against breach or
other potential misuse.
______
SA 2695. Ms. HEITKAMP (for herself, Mr. Tester, and Mr. Daines)
submitted an amendment intended to be proposed to amendment SA 2282
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, add the following:
SEC. 1650. COMPREHENSIVE REVIEW OF SECURITY FORCES ASSIGNED
TO INTERCONTINENTAL BALLISTIC MISSILE
INSTALLATIONS.
(a) In General.--The Secretary of the Air Force shall
conduct a comprehensive review of the security forces
assigned to installations at which intercontinental ballistic
missiles are stored.
(b) Elements.--The review required by subsection (a) shall
assess the following:
(1) Reenlistment rates and officer retention rates.
(2) Manning levels compared to past manning levels and the
effect of any changes over time on workload, morale, and
specialization.
(3) Actions to improve recruitment, retention, and morale,
including recruitment and retention bonuses, incentive pay,
and special assignment pay.
(4) The effect of the quality of working conditions,
facilities, and equipment on morale.
(5) The extent to which personnel policies related to
assignments, promotion timelines, performance evaluations,
and other factors enable or inhibit professional development.
(6) A comparison to other Armed Forces security forces with
respect to personnel policies, manpower authorization levels,
administrative requirements, and degree of specialization.
(7) National Guard contributions and the potential to
expand the use of National Guard security forces.
(8) Such other matters with respect to the security forces
described in subsection (a) as the Secretary of the Air Force
considers appropriate.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the results of the review
required by subsection (a). The report shall include the
following:
(A) The results of the review, including any findings of
the Secretary as a result of the review.
(B) Any changes undertaken or to be undertaken by the
Secretary in light of the review.
(C) Any recommendations for such legislative or
administration action as the Secretary considers appropriate
in light of the review.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
______
SA 2696. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title XII, add the following:
SEC. 1271. SENSE OF CONGRESS ON CONDITIONS PRECEDENT TO THE
RUSSIAN FEDERATION REJOINING THE G7.
(a) Findings.--Congress makes the following findings:
(1) The Group of Seven (G7) is a group of nations
consisting of Canada, France, Germany, Italy, Japan, the
United Kingdom, and the United States, and which is joined by
the European Union at annual G7 summits.
(2) The G7 states said in May 2017 in Taormina, Italy, that
``we are bound together by our shared values of freedom and
democracy, peace, security, the rule of law, and respect for
human rights. We are determined to coordinate our efforts in
promoting the rules-based international order and global
sustainable development.''
(3) On March 24, 2014, the current group of G7 states
suspended the Russian Federation from what was then the Group
of Eight nations, in response to the Russian Federation's
illegal invasion and occupation of the Ukrainian territory of
Crimea.
(4) The G7 states worked constructively toward the
imposition of sanctions by the European Union and the United
States, respectively, on the Russian Federation for its
aggression against Ukraine, including the illegal occupation
of Crimea and its violent aggression in the eastern part of
the country.
(5) Two G7 member states, France and Germany, in close
consultation with the United States and other allies, helped
to negotiate the Minsk Agreements in September 2014 and
February 2015, and have worked within the Normandy Group
format to further implementation of these agreements by the
Russian Federation and Ukraine.
(6) The Government of the Russian Federation has failed to
fulfill its obligations under the Minsk Agreements, including
with respect to a full ceasefire, the removal of heavy
weaponry, permitting the monitoring and verification of a
ceasefire regime, and ensuring access for humanitarian aid to
conflict-affected individuals.
(7) The Government of the Russian Federation continues to
illegally occupy Crimea.
(8) On June 9, 2018, the President of the United States
said, ``It would be an asset to have Russia back in. I think
it would be good for the world. I think it would be good for
Russia. I think it would be good for the United States. I
think it would be good for all of the countries of the
current G7. I think the G8 would be better.''.
(9) The Government of the Russian Federation, since 2014,
has expanded its aggression and undermined democratic
institutions against the United States and other countries
around the world, through election interference,
cyberattacks, corrupt influence, disinformation, and other
forms of malign interference.
(b) Sense of Congress.--It is the Sense of Congress that
the President should--
(1) welcome the steadfast commitment by G7 member states to
the values of democracy, human rights, and rule of law that
underpin the rules-based international order;
(2) condemn the actions of the Government of the Russian
Federation that led to its suspension by G7 states from the
group in 2014, and which continue to the present day;
(3) immediately retract his statement of June 9, 2018, in
which he called for the readmission of the Russian Federation
into the G7; and
(4) clearly declare that the Russian Federation will not be
readmitted into the G7 until it immediately ceases efforts to
undermine the rules-based international order and ends its
illegal occupation of Crimea.
______
SA 2697. Mr. FLAKE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. INFORMATION ON DEPARTMENT OF DEFENSE FUNDING IN
DEPARTMENT PRESS RELEASES AND RELATED PUBLIC
STATEMENTS ON PROGRAMS, PROJECTS, AND
ACTIVITIES FUNDED BY THE DEPARTMENT.
(a) Information Required.--
(1) In general.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by inserting after section
2257 the following new section:
``Sec. 2258. Department of Defense press releases and related
public statements on Department funded programs, projects,
and activities
``Any press release, statement, or other document issued to
the public by the Department of Defense that describes a
program, project, or activity funded, whether in whole or in
part, by amounts provided by the Department, including any
project, project, or activity of a foreign, State, or local
government, shall clearly state the following:
[[Page S3694]]
``(1) That the program, project, or activity is funded, in
whole or in part (as applicable), by funds provided by the
Department.
``(2) An estimate of the amount of funding from the
Department that the program, project, or activity currently
receives.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 134 of such title is
amended by inserting after the item relating to section 2257
the following new item:
``2258. Department of Defense press releases and related public
statements on Department funded programs, projects, and
activities.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to programs, projects, and
activities funded by the Department of Defense with amounts
authorized to be appropriated for fiscal years after fiscal
year 2019.
______
SA 2698. Mr. FLAKE (for himself and Mr. McCain) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. PILOT PROGRAM ON CERTAIN LIMITED REIMBURSEMENT
ARRANGEMENTS FOR USE OF MAJOR RANGE AND TEST
FACILITY BASES.
(a) In General.--The Secretary of Defense shall carry out a
pilot program to assess the feasibility and advisability of
modifying reimbursement requirements for use of Major Range
and Test Facility Bases.
(b) Duration.--The Secretary shall carry out the pilot
program during four fiscal years.
(c) Locations.--The Secretary shall carry out the pilot
program at not more than six Major Range and Test Facility
Bases and no more than two per military department.
(d) Waiver of Full Reimbursement Requirement.--
(1) In general.--Under the pilot program, the Secretary
may, as the Secretary determines in the best interest of the
Department of Defense, waive the requirements of section
2681(c) of title 10, United States Code, for small and medium
sized businesses and not-for-profit organizations so that
such businesses and organizations may reimburse the
Department of Defense for use of a Major Range and Test
Facility Base in amounts that only cover direct costs (as
defined in section 232(b) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (116 Stat. 2490;
Public Law 107-314)) to the United States associated with
such use.
(2) Indirect costs.--Paragraph (1) shall not apply to
reimbursement for indirect costs.
(e) Reports.--
(1) In general.--At the end of the second fiscal year of
the pilot program required by subsection (a) and not later
than 30 days after the completion of the pilot program, the
Secretary shall submit to the congressional defense
committees a report on the pilot program.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) Recommendations for revisions to reimbursement
arrangements for testing and evaluation activities at Major
Range and Test Facility Bases.
(B) A review of authorities granted to commanders of Major
Range and Test Facility Bases.
(C) An evaluation of limited reimbursement arrangements on
the Test Resources Management Center and Major Range and Test
Facility Bases.
(f) Major Range and Test Facility Base Defined.--In this
section, the term ``Major Range and Test Facility Base''
means--
(1) a Major Range and Test Facility Installation as defined
in section 2681(f) of title 10, United States Code; and
(2) a Major Range and Test Facility Base as defined in
section 196(i) of such title.
______
SA 2699. Mr. FLAKE (for himself and Mr. Johnson) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle G--Anti-Border Corruption Reauthorization Act
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``Anti-Border Corruption
Reauthorization Act of 2018''.
SEC. 1072. HIRING FLEXIBILITY.
Section 3 of the Anti-Border Corruption Act of 2010 (Public
Law 111-376; 6 U.S.C. 221) is amended by striking subsection
(b) and inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs
and Border Protection may waive the application of subsection
(a)(1) in the following circumstances:
``(1) In the case of a current, full-time law enforcement
officer employed by a State or local law enforcement agency,
if such officer--
``(A) has served as a law enforcement officer for not fewer
than three years with no break in service;
``(B) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law,
and has statutory powers for arrest or apprehension;
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency.
``(2) In the case of a current, full-time Federal law
enforcement officer, if such officer--
``(A) has served as a law enforcement officer for not fewer
than three years with no break in service;
``(B) has authority to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other processes;
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position; and
``(D) holds a current Tier 4 background investigation or
current Tier 5 background investigation.
``(3) In the case of an individual who is a member of the
Armed Forces (or a reserve component thereof) or a veteran,
if such individual--
``(A) has served in the Armed Forces for not fewer than
three years;
``(B) holds, or has held within the past five years, a
Secret, Top Secret, or Top Secret / Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five years, a
current Tier 4 background investigation or current Tier 5
background investigation;
``(D) received, or is eligible to receive, an honorable
discharge from service in the Armed Forces and has not
engaged in criminal activity or committed a serious military
or civil offense under the Uniform Code of Military Justice;
and
``(E) was not granted any waivers to obtain the clearance
referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to
issue a waiver under subsection (b) shall terminate on the
date that is four years after the date of the enactment of
the Anti-Border Corruption Reauthorization Act of 2018.''.
SEC. 1073. SUPPLEMENTAL COMMISSIONER AUTHORITY AND
DEFINITIONS.
(a) Supplemental Commissioner Authority.--Section 4 of the
Anti-Border Corruption Act of 2010 (Public Law 111-376) is
amended to read as follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-exemption.--An individual who receives a waiver
under subsection (b) of section 3 is not exempt from other
hiring requirements relating to suitability for employment
and eligibility to hold a national security designated
position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who
receives a waiver under subsection (b) of section 3 who holds
a current Tier 4 background investigation shall be subject to
a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The
Commissioner of U.S. Customs and Border Protection is
authorized to administer a polygraph examination to an
applicant or employee who is eligible for or receives a
waiver under subsection (b) of section 3 if information is
discovered prior to the completion of a background
investigation that results in a determination that a
polygraph examination is necessary to make a final
determination regarding suitability for employment or
continued employment, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 is
amended by adding at the end the following new section:
``SEC. 5. REPORTING REQUIREMENTS.
``(a) Annual Report.--Not later than one year after the
date of the enactment of the Anti-Border Corruption
Reauthorization Act of 2018, and annually thereafter while
the waiver authority under section 3(b) is in effect, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to Congress that includes, with respect to
the reporting period--
[[Page S3695]]
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted
under subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is
waived pursuant to section 3(b).''.
(c) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by subsection (b) of this section, is further
amended by adding at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer',
as defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.
``(3) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged or
separated from service in the Armed Forces; and
``(B) a punitive discharge is, or would be, authorized for
the same or a closely related offense under the Manual for
Courts-Martial, as pursuant to Army Regulation 635-200
chapter 14-12.
``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.''.
______
SA 2700. Mr. McCONNELL (for Mr. Toomey (for himself, Mr. Corker, Mr.
Sasse, Mr. Johnson, and Mr. Kennedy)) proposed an amendment to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of title XVII, add the following:
SEC. 1734. CONGRESSIONAL REVIEW OF REGULATIONS.
(a) Congressional Review.--
(1) Publication and submission to congress of draft
regulations.--
(A) In general.--Notwithstanding any other provision of
this title, before a regulation prescribed by the Committee
on Foreign Investment in the United States (in this section
referred to as the ``Committee'') to carry out this title or
any amendment made by this title may take effect, the
Committee shall--
(i) publish in the Federal Register a list of information
on which the regulation is based, including data, scientific
and economic studies, and cost-benefit analyses, and identify
how the public can access such information online; and
(ii) submit to each House of Congress and to the
Comptroller General of the United States a report
containing--
(I) a copy of the regulation;
(II) a concise general statement relating to the
regulation;
(III) a classification of the regulation as a major
regulation or nonmajor regulation, including an explanation
of the classification specifically addressing each criteria
for a major regulation contained within subparagraphs (A)
through (C) of subsection (e)(1);
(IV) a list of any other related regulatory actions
intended to implement the same provision of or amendment made
by this title, as well as the individual and aggregate
economic effects of those actions; and
(V) the proposed effective date of the regulation.
(B) Additional submissions.--On the date of the submission
of the report under subparagraph (A), the Committee shall
submit to the Comptroller General and make available to each
House of Congress--
(i) a complete copy of the cost-benefit analysis of the
regulation, if any, including an analysis of any jobs added
or lost, differentiating between public and private sector
jobs;
(ii) the Committee's actions pursuant to sections 603, 604,
605, 607, and 609 of title 5, United States Code;
(iii) the Committee's actions pursuant to sections 202,
203, 204, and 205 of the Unfunded Mandates Reform Act of
1995; and
(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
(C) Copies to committees of congress.--Upon receipt of a
report submitted under subparagraph (A), each House shall
provide copies of the report to the chairman and ranking
member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report
a bill to amend the provision of law under which the
regulation is issued.
(2) Report by gao.--
(A) In general.--The Comptroller General of the United
States shall provide a report on each major regulation to the
committees of jurisdiction by the end of 15 calendar days
after the submission or publication date. The report of the
Comptroller General shall include an assessment of the
Committee's compliance with procedural steps required by
paragraph (1)(B) and an assessment of whether the major
regulation imposes any new limits or mandates on private-
sector activity.
(B) Cooperation of federal agencies.--The Committee shall
cooperate with the Comptroller General by providing
information relevant to the Comptroller General's report
under subparagraph (A).
(3) Effective date of regulations.--
(A) Major regulations.--A major regulation relating to a
report submitted under subsection (a) shall take effect upon
enactment of a joint resolution of approval described in
subsection (c) or as provided for in the regulation following
enactment of a joint resolution of approval described in
subsection (c), whichever is later.
(B) Nonmajor regulations.--A nonmajor regulation shall take
effect as provided by subsection (d) after submission to
Congress under paragraph (1).
(4) Prohibition on subsequent consideration of same
regulation.--If a joint resolution of approval relating to a
major regulation is not enacted within the period provided in
subsection (b)(2), then a joint resolution of approval
relating to the same regulation may not be considered under
this section in the same Congress by either the House of
Representatives or the Senate.
(b) Effectiveness of Regulations.--
(1) In general.--A major regulation shall not take effect
unless the Congress enacts a joint resolution of approval
described under subsection (c).
(2) Effect of not enacting joint resolution of approval.--
If a joint resolution of approval described in subsection (c)
is not enacted into law by the end of 70 session days or
legislative days, as applicable, beginning on the date on
which the report referred to in subsection (a)(1)(A) is
received by Congress (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), then the regulation described in that resolution
shall be deemed not to be approved and such regulation shall
not take effect.
(3) Temporary effectiveness.--
(A) In general.--Notwithstanding any other provision of
this section (except subject to subparagraph (C)), a major
regulation may take effect for one 90-calendar-day period if
the President makes a determination under subparagraph (B)
and submits written notice of such determination to Congress.
(B) Determination.--Subparagraph (A) applies to a
determination made by the President by Executive order that a
major regulation should take effect because such regulation
is--
(i) necessary because of an imminent threat to health or
safety or other emergency;
(ii) necessary for the enforcement of criminal laws;
(iii) necessary for national security; or
(iv) issued pursuant to any statute implementing an
international trade agreement.
(C) Effect on other provisions.--An exercise by the
President of the authority under this paragraph shall have no
effect on the procedures under subsection (c).
(4) Congressional review around adjournments of congress.--
(A) In general.--In addition to the opportunity for review
otherwise provided under this section, in the case of any
regulation for which a report was submitted in accordance
with subsection (a)(1)(A) during the period beginning on the
date occurring--
(i) in the case of the Senate, 60 session days, or
(ii) in the case of the House of Representatives, 60
legislative days,
before the date Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding
Congress first convenes its next session, subsection (c) or
(d) shall apply to such rule in the succeeding session of
Congress.
(B) Special rules.--
(i) In general.--In applying subsections (c) and (d) for
purposes of such additional review, a regulation described in
subparagraph (A) shall be treated as though--
(I) such regulation were published in the Federal Register
on--
(aa) in the case of the Senate, the 15th session day, or
(bb) in the case of the House of Representatives, the 15th
legislative day,
after the succeeding session of Congress first convenes; and
[[Page S3696]]
(II) a report on such regulation were submitted to Congress
under subsection (a)(1) on such date.
(ii) Rule of construction.--Nothing in this paragraph shall
be construed to affect the requirement under subsection
(a)(1) that a report shall be submitted to Congress before a
regulation can take effect.
(C) Effect in accordance with law.--A regulation described
in subparagraph (A) shall take effect as otherwise provided
by law (including any other provision of this section).
(c) Congressional Approval Procedure for Major
Regulations.--
(1) Joint resolutions.--
(A) Joint resolution defined.--For purposes of this
subsection, the term ``joint resolution'' means only a joint
resolution addressing a report classifying a regulation as a
major regulation pursuant to subsection (a)(1)(A)(i)(III)
that--
(i) bears no preamble;
(ii) bears the following title (with blanks filled as
appropriate): ``Approving the regulation submitted by the
Committee on Foreign Investment in the United States relating
to ___.'';
(iii) includes after its resolving clause only the
following (with blanks filled as appropriate): ``That
Congress approves the regulation submitted by the Committee
on Foreign Investment in the United States relating to
___.''; and
(iv) is introduced pursuant to subparagraph (B).
(B) Introduction.--After a House of Congress receives a
report classifying a regulation as a major regulation
pursuant to subsection (a)(1)(A)(i)(III), the majority leader
of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution
described in subparagraph (A)--
(i) in the case of the House of Representatives, within 3
legislative days, and
(ii) in the case of the Senate, within 3 session days.
(C) Prohibition on amendments.--A joint resolution
described in subparagraph (A) shall not be subject to
amendment at any stage of proceeding.
(2) Referral.--A joint resolution described in paragraph
(1) shall be referred in each House of Congress to the
committees having jurisdiction over the provision of law
under which the regulation is issued.
(3) Discharge in senate.--In the Senate, if the committee
or committees to which a joint resolution described in
paragraph (1) has been referred have not reported it at the
end of 15 session days after its introduction, such committee
or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the
calendar. A vote on final passage of the resolution shall be
taken on or before the close of the 15th session day after
the resolution is reported by the committee or committees to
which it was referred, or after such committee or committees
have been discharged from further consideration of the
resolution.
(4) Floor consideration in senate.--
(A) Motions to proceed.--In the Senate, when the committee
or committees to which a joint resolution is referred have
reported, or when a committee or committees are discharged
(under paragraph (3)) from further consideration of a joint
resolution described in paragraph (1), it is at any time
thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to
the consideration of the joint resolution, and all points of
order against the joint resolution (and against consideration
of the joint resolution) are waived. The motion is not
subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the joint resolution is
agreed to, the joint resolution shall remain the unfinished
business of the Senate until disposed of.
(B) Debate.--In the Senate, debate on the joint resolution,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 2 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion to further limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution is not in order.
(C) Vote on final passage.--In the Senate, immediately
following the conclusion of the debate on a joint resolution
described in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the Senate, the vote on final passage of the joint
resolution shall occur.
(D) Appeals from decisions of chair.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate to the procedure relating to a joint
resolution described in paragraph (1) shall be decided
without debate.
(5) Consideration in house of representatives.--In the
House of Representatives, if any committee to which a joint
resolution described in paragraph (1) has been referred has
not reported it to the House at the end of 15 legislative
days after its introduction, such committee shall be
discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On the second and fourth Thursdays of each month it
shall be in order at any time for the Speaker to recognize a
Member who favors passage of a joint resolution that has
appeared on the calendar for at least 5 legislative days to
call up that joint resolution for immediate consideration in
the House without intervention of any point of order. When so
called up a joint resolution shall be considered as read and
shall be debatable for 1 hour equally divided and controlled
by the proponent and an opponent, and the previous question
shall be considered as ordered to its passage without
intervening motion. It shall not be in order to reconsider
the vote on passage. If a vote on final passage of the joint
resolution has not been taken by the third Thursday on which
the Speaker may recognize a Member under this subsection,
such vote shall be taken on that day.
(6) Procedures upon receipt of resolution from other
house.--
(A) In general.--If, before passing a joint resolution
described in paragraph (1), one House receives from the other
a joint resolution having the same text, then--
(i) the joint resolution of the other House shall not be
referred to a committee; and
(ii) the procedure in the receiving House shall be the same
as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
(B) Revenue measures.--This paragraph shall not apply to
the House of Representatives if the joint resolution received
from the Senate is a revenue measure.
(7) Final vote.--If either House has not taken a vote on
final passage of the joint resolution by the last day of the
period described in subsection (b)(2), then such vote shall
be taken on that day.
(8) Rules of house of representatives and senate.--This
subsection and subsection (d) are enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed to be part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution
described in paragraph (1) and superseding other rules only
where explicitly so; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner
and to the same extent as in the case of any other rule of
that House.
(d) Congressional Disapproval Procedure for Nonmajor
Regulations.--
(1) Joint resolution defined.--For purposes of this
section, the term ``joint resolution'' means only a joint
resolution introduced in the period beginning on the date on
which the report referred to in subsection (a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding
days either House of Congress is adjourned for more than 3
days during a session of Congress), the matter after the
resolving clause of which is as follows: ``That Congress
disapproves the nonmajor regulation submitted by the
Committee on Foreign Investment in the United States relating
to ___, and such regulation shall have no force or effect.''
(The blank spaces being appropriately filled in).
(2) Referral.--A joint resolution described in paragraph
(1) shall be referred to the committees in each House of
Congress with jurisdiction.
(3) Discharge in senate.--In the Senate, if the committee
to which is referred a joint resolution described in
paragraph (1) has not reported such joint resolution (or an
identical joint resolution) at the end of 15 session days
after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of
such joint resolution upon a petition supported in writing by
30 Members of the Senate, and such joint resolution shall be
placed on the calendar.
(4) Floor consideration in the senate.--
(A) Motions to proceed.--In the Senate, when the committee
to which a joint resolution is referred has reported, or when
a committee is discharged (under paragraph (3)) from further
consideration of a joint resolution described in paragraph
(1), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to) for
a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the joint resolution is agreed to, the
joint resolution shall remain the unfinished business of the
Senate until disposed of.
(B) Debate.--In the Senate, debate on the joint resolution,
and on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion to further limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business,
[[Page S3697]]
or a motion to recommit the joint resolution is not in order.
(C) Vote on final passage.--In the Senate, immediately
following the conclusion of the debate on a joint resolution
described in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance with the
rules of the Senate, the vote on final passage of the joint
resolution shall occur.
(D) Appeals from decisions of the chair.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate to the procedure relating to a joint
resolution described in subsection (a) shall be decided
without debate.
(5) Special rule in senate.--In the Senate, the procedure
specified in paragraph (3) or (4) shall not apply to the
consideration of a joint resolution respecting a nonmajor
regulation--
(A) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
(B) if the report under subsection (a)(1)(A) was submitted
during the period referred to in subsection (b)(2), after the
expiration of the 60 session days beginning on the 15th
session day after the succeeding session of Congress first
convenes.
(6) Receipt of resolution from other house.--If, before the
passage by one House of a joint resolution of that House
described in paragraph (1), that House receives from the
other House a joint resolution described in paragraph (1),
then the following procedures shall apply:
(A) The joint resolution of the other House shall not be
referred to a committee.
(B) With respect to a joint resolution described in
paragraph (1) of the House receiving the joint resolution--
(i) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(ii) the vote on final passage shall be on the joint
resolution of the other House.
(e) Definitions.--In this section:
(1) Major regulation.--The term ``major regulation'' means
any regulation, including an interim final rule, that the
Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget finds has
resulted in or is likely to result in--
(A) an annual effect on the economy of $100 million or
more;
(B) a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government
agencies, or geographic regions; or
(C) significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets.
(2) Nonmajor regulation.--The term ``nonmajor regulation''
means any regulation that is not a major regulation.
(3) Regulation.--The term ``regulation'' has the meaning
given the term ``rule'' in section 551 of title 5, United
States Code, except that such term does not include--
(A) any rule of particular applicability, including a rule
that approves or prescribes for the future rates, wages,
prices, services, or allowances therefore, corporate or
financial structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices or disclosures
bearing on any of the foregoing;
(B) any rule relating to agency management or personnel; or
(C) any rule of agency organization, procedure, or practice
that does not substantially affect the rights or obligations
of non-agency parties.
(4) Submission of publication date.--The term ``submission
or publication date'', except as otherwise provided in this
section, means--
(A) in the case of a major regulation, the date on which
Congress receives the report submitted under subsection
(a)(1); and
(B) in the case of a nonmajor regulation, the later of--
(i) the date on which the Congress receives the report
submitted under subsection (a)(1); and
(ii) the date on which the nonmajor regulation is published
in the Federal Register, if so published.
(f) Judicial Review.--
(1) In general.--No determination, finding, action, or
omission under this section shall be subject to judicial
review.
(2) Determination of compliance with requirements.--
Notwithstanding subsection (a), a court may determine whether
the Committee on Foreign Investment in the United States has
completed the necessary requirements under this section for a
regulation described in subsection (a)(1)(A) to take effect.
(3) Effect.--The enactment of a joint resolution of
approval under subsection (c) shall not be interpreted to
serve as a grant or modification of statutory authority by
Congress for the promulgation of a regulation, shall not
extinguish or affect any claim, whether substantive or
procedural, against any alleged defect in a regulation, and
shall not form part of the record before the court in any
judicial proceeding concerning a regulation except for
purposes of determining whether or not the regulation is in
effect.
______
SA 2701. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 10__. REPORTS ON IMPLEMENTATION BY DEPARTMENT OF
VETERANS AFFAIRS OF RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES.
(a) Biennial Report on Actions Taken to Address Areas of
Concern That Led to Inclusion of Veterans Health Care in the
High Risk List of the Government Accountability Office.--
(1) Biennial report required.--Not later than 120 days
after the date of the enactment of this Act and in each
session of Congress thereafter in which the High Risk List of
the Government Accountability Office published in that
session includes health care furnished under laws
administered by the Secretary of Veterans Affairs, the
Secretary shall submit to Congress, the appropriate
committees of Congress, and the Comptroller General of the
United States a report on the actions taken by the Secretary
and the progress made by the Secretary in implementing the
High Risk Action Plan of the Department of Veterans Affairs
to address the areas of concern that led to the designation
of such health care as high risk by the Comptroller General
in the most recently published High Risk List.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report, the
following:
(A) The corrective measures and specific steps necessary
for addressing root causes identified in the High Risk Action
Plan for removal from the high-risk designation, including
the progress of the Secretary in implementing those measures
and steps. The specific measures and steps shall--
(i) address each root cause;
(ii) identify resources to implement corrective actions,
including funding, stakeholders, technology, and the senior
officials responsible for implementing the corrective actions
and reporting results;
(iii) identify metrics that can be used to assess progress
and assign responsibility for tracking progress, including
the mechanism that will be used to keep senior leadership
informed about progress made or challenges encountered;
(iv) list key outcomes and goals that demonstrate progress
in addressing the concerns; and
(v) establish timeframes with overall and interim
milestones.
(B) The progress of the Secretary in addressing the five
criteria for removal from the High Risk List for each of the
areas of concern identified by the Comptroller General.
(C) An explanation and course of action for each failure to
fully adopt the Comptroller General's criteria for removal
from the High Risk list.
(b) Annual Report by Secretary of Veterans Affairs on
Implementation of Certain Recommendations of Comptroller
General Pertaining to Department of Veterans Affairs.--
(1) Annual report required.--Not later than 120 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Secretary of Veterans
Affairs shall submit to Congress, the appropriate committees
of Congress, and the Comptroller General of the United States
a report on implementation of recommendations of the
Comptroller General that pertain to the Department of
Veterans Affairs.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report, the
following:
(A) The progress of the Secretary in implementing all open
priority recommendations of the Comptroller General for the
Department of Veterans Affairs.
(B) An explanation for each instance in which the Secretary
has decided not to implement, or has not fully implemented,
an open priority recommendation of the Comptroller General
for the Department.
(C) Courses of action for the Secretary to implement open
priority recommendations of the Comptroller General,
including--
(i) resources to implement corrective actions, including
funding, stakeholders, technology, and the senior officials
responsible for implementing the corrective actions and
reporting results;
(ii) metrics that can be used to assess progress and assign
responsibility for tracking progress, including the mechanism
that will be used to keep senior leadership informed about
progress made or challenges encountered;
(iii) key outcomes and goals that demonstrate progress in
addressing the concerns; and
(iv) timeframes with respect to overall and interim
milestones.
(3) Supplement and not supplant current report
requirements.--The requirements of this subsection shall
supplement and not supplant the requirements of section 720
of title 31, United States Code.
(c) Comptroller General Report on Actions Taken by
Secretary of Veterans Affairs to Address Areas of Concern
With Respect to Veterans Health Care.--
[[Page S3698]]
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress and the
appropriate committees of Congress a report on the
implementation, the actions taken, and the progress made by
the Secretary of Veterans Affairs in implementing the High
Risk Action Plan of the Department of Veterans Affairs to
address the areas of concern that led to the designation of
health care furnished under laws administered by the
Secretary as high risk by the Comptroller General in the High
Risk List published by the Comptroller General in 2017.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An evaluation of the progress of the Secretary in
implementing corrective measures and specific steps for
addressing root causes identified in the High Risk Action
Plan for removal of veterans health care from the High Risk
List.
(B) An evaluation of the progress of the Secretary in
addressing the five criteria for removal from the High Risk
List for each of the areas of concern identified by the
Comptroller General.
(C) An evaluation of the Secretary's explanations and
courses of action for each failure to fully adopt the
Comptroller General's criteria for removal from the High Risk
List.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives.
______
SA 2702. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. STUDY ON EFFICACY OF VETERANS CRISIS LINE.
(a) Study.--The Secretary of Veterans Affairs shall conduct
a study on the outcomes and the efficacy of the Veterans
Crisis Line during the five-year period beginning January 1,
2014, based on an analysis of national suicide data and data
collected from the Veterans Crisis Line.
(b) Matters Included.--The study under subsection (a) shall
address the following:
(1) The efficacy of the Veterans Crisis Line in leading
veterans to sustained mental health regimens, by
determining--
(A) the number of veterans who, after contacting the
Veterans Crisis Line and being referred to a suicide
prevention specialist, begin and continue mental health care
furnished by the Secretary of Veterans Affairs; and
(B) the number of veterans who, after contacting the
Veterans Crisis Line and being referred to a suicide
prevention specialist, either--
(i) begin mental health care furnished by the Secretary but
do not continue such care; or
(ii) do not begin such care.
(2) The visibility of the Veterans Crisis Line, by
determining--
(A) the number of veterans who contact the Veterans Crisis
Line and have not previously received hospital care or
medical services furnished by the Secretary; and
(B) the number of veterans who contact the Veterans Crisis
Line and have previously received hospital care or medical
services furnished by the Secretary.
(3) The role of the Veterans Crisis Line as part of the
mental health care services of the Department, by
determining, of the veterans who are enrolled in the health
care system established under section 1705(a) of title 38,
United States Code, who contact the Veterans Crisis Line, the
number who are under the care of a mental health care
provider of the Department at the time of such contact.
(4) Whether receiving sustained mental health care affects
suicidality and whether veterans previously receiving mental
health care furnished by the Secretary use the Veterans
Crisis Line in times of crisis, with respect to the veterans
described in paragraph (3), by determining the time frame
between receiving such care and the time of such contact.
(5) The effectiveness of the Veterans Crisis Line in
assisting veterans at risk for suicide when the Veterans
Crisis Line is contacted by a non-veteran, by determining, of
the number of non-veterans who contact the Veterans Crisis
Line looking for support in assisting a veteran, how many of
such individuals receive support in having a veteran begin to
receive mental health care furnished by the Secretary.
(6) The overall efficacy of the Veterans Crisis Line in
preventing suicides and whether the number of contacts
affects the efficacy, by determining--
(A) the number of veterans who contact the Veterans Crisis
Line who ultimately commit or attempt suicide; and
(B) of such veterans, how many times did a veteran contact
the Veterans Crisis Line prior to committing or attempting
suicide.
(7) The long-term efficacy of the Veterans Crisis Line in
preventing repeated suicide attempts and whether the efficacy
is temporary, by determining, of the number of veterans who
contacted the Veterans Crisis Line and did not commit or
attempt suicide during the following six-month period, the
number who contacted the Veterans Crisis Line in crisis at a
later time and thereafter did commit or attempt suicide.
(8) Whether referral to mental health care affects the risk
of suicide, by determining--
(A) the number of veterans who contact the Veterans Crisis
Line who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(B) the number of veterans described in paragraph (1)(A)
who commit or attempt suicide.
(9) The efficacy of the Veterans Crisis Line to promote
continued mental health care in those veterans who are at
high risk for suicide whose suicide was prevented, by
determining, of the number of veterans who contacted the
Veterans Crisis Line and did not commit or attempt suicide
soon thereafter, the number that begin and continue to
receive mental health care furnished by the Secretary.
(10) Such other matters as the Secretary determines
appropriate.
(c) Rule of Construction Regarding Data Collection.--
Nothing in this section may be construed to modify or affect
the manner in which data is collected, or the kind or content
of data collected, by the Secretary under the Veterans Crisis
Line.
(d) Submission.--Not later than May 31, 2019, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives the study conducted under subsection (a).
(e) Veterans Crisis Line Defined.--In this section, the
term ``Veterans Crisis Line'' means the toll-free hotline for
veterans established under section 1720F(h) of title 38,
United States Code.
______
SA 2703. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON ESTABLISHMENT OF COMBINED
MARITIME TASK FORCE PACIFIC.
(a) Findings.--Congress makes the following findings:
(1) The Indo-Pacific region--
(A) represents nearly \1/2\ of the global population;
(B) is home to some of the most dynamic economies in the
world; and
(C) poses security challenges that threaten to undermine
United States national security interests, regional peace,
and global stability.
(2) The core tenets of the United States-backed
international system are being challenged with increasingly
coercive behavior, including--
(A) China's illegal construction and militarization of
artificial features in the South China Sea;
(B) North Korea's acceleration of its nuclear and ballistic
missile capabilities; and
(C) the increased presence throughout Southeast Asia of the
Islamic State and other international terrorist organizations
that threaten the United States.
(3) The economic order in the Indo-Pacific region continues
to transform, presenting both opportunities and challenges to
United States economic interests.
(4) The United States has a fundamental interest in
defending human rights and promoting the rule of law in the
Indo-Pacific region. Although many countries in the Indo-
Pacific region have improved the treatment of their citizens,
several Indo-Pacific countries continue to be human rights
abusers and there are serious concerns with political rights
and civil liberties throughout the Indo-Pacific region.
(5) Without strong leadership from the United States, the
international system, fundamentally rooted in the rule of
law, may wither, to the detriment of United States, regional,
and global interests. It is imperative that the United States
continue to play a leading role in the Indo-Pacific region
by--
(A) defending peace and security;
(B) advancing economic prosperity; and
(C) promoting respect for fundamental human rights.
(6) In 2017, the Subcommittee on East Asia, the Pacific,
and International Cybersecurity Policy of the Committee on
Foreign Relations of the Senate held a series of hearings on
United States leadership in the Indo-Pacific region, in
which--
(A) experts, including Representative Randy Forbes,
Ambassador Robert Gallucci, Ms. Tami Overby, Dr. Robert Orr,
Ambassador Derek Mitchell, Ambassador Robert King, Mr. Murray
Hiebert, and others detailed the security challenges,
economic opportunities, and imperatives of promoting
[[Page S3699]]
rule of law, human rights, and democracy, in the Indo-Pacific
region; and
(B) Dr. Graham Allison, the Douglas Dillon Professor of
Government at the John F. Kennedy School of Government at
Harvard University, testified, ``As realistic students of
history, Chinese leaders recognize that the role the U.S. has
played since World War II as the architect and underwriter of
regional stability and security has been essential to the
rise of Asia, including China itself. But they believe that
as the tide that brought the U.S. to Asia recedes, America
must leave with it. Much as Britain's role in the Western
Hemisphere faded at the beginning of the twentieth century,
so must America's role in Asia as the region's historic
superpower resumes its place.''.
(7) The United States National Security Strategy, which was
released in December 2017, states
(A) ``A geopolitical competition between free and
repressive visions of world order is taking place in the
Indo-Pacific region. The region, which stretches from the
west coast of India to the western shores of the United
States, represents the most populous and economically dynamic
part of the world. The U.S. interest in a free and open Indo-
Pacific extends back to the earliest days of our republic.'';
and
(B) ``Our vision for the Indo-Pacific excludes no nation.
We will redouble our commitment to established alliances and
partnerships, while expanding and deepening relationships
with new partners that share respect for sovereignty, fair
and reciprocal trade, and the rule of law. We will reinforce
our commitment to freedom of the seas and the peaceful
resolution of territorial and maritime disputes in accordance
with international law. We will work with allies and partners
to achieve complete, verifiable, and irreversible
denuclearization on the Korean Peninsula and preserve the
non-proliferation regime in Northeast Asia.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) not later than one year after the date of the enactment
of this Act, the President should establish a task force, to
be known as the Combined Maritime Task Force Pacific, to
protect a free and open Indo-Pacific maritime region;
(2) in establishing the task force, the President should
seek the participation of partner nations that are interested
in goals of the task force; and
(3) the United States Navy shall lead the task force.
______
SA 2704. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RECIPROCAL ACCESS TO TIBET ACT OF 2018.
(a) Short Title.--This section may be cited as the
``Reciprocal Access to Tibet Act of 2018''.
(b) Findings.--Congress finds the following:
(1) The Government of the People's Republic of China does
not grant United States officials, journalists, and other
citizens access to China on a basis that is reciprocal to the
access that the Government of the United States grants
Chinese officials, journalists, and citizens.
(2) The Government of China imposes greater restrictions on
travel to Tibetan areas than to other areas of China.
(3) Officials of China have stated that Tibet is open to
foreign visitors.
(4) The Government of China is promoting tourism in Tibetan
areas, and at the Sixth Tibet Work Forum in August 2015,
Premier Li Keqiang called for Tibet to build ``major world
tourism destinations''.
(5) The Government of China requires foreigners to obtain
permission from the Tibet Foreign and Overseas Affairs Office
or from the Tibet Tourism Bureau to enter the Tibet
Autonomous Region, a restriction that is not imposed on
travel to any other provincial-level jurisdiction in China.
(6) The Department of State reports that--
(A) officials of the Government of the United States
submitted 39 requests for diplomatic access to the Tibet
Autonomous Region between May 2011 and July 2015, but only 4
were granted; and
(B) when such requests are granted, diplomatic personnel
are closely supervised and given few opportunities to meet
local residents not approved by authorities.
(7) The Government of China delayed United States consular
access for more than 48 hours after an October 28, 2013, bus
crash in the Tibet Autonomous Region, in which 3 citizens of
the United States died and more than a dozen others, all from
Walnut, California, were injured, undermining the ability of
the Government of the United States to provide consular
services to the victims and their families, and failing to
meet China's obligations under the Convention on Consular
Relations, done at Vienna April 24, 1963 (21 UST 77).
(8) Following a 2015 earthquake that trapped dozens of
citizens of the United States in the Tibet Autonomous Region,
the United States Consulate General in Chengdu faced
significant challenges in providing emergency consular
assistance due to a lack of consular access.
(9) The 2015 Country Reports on Human Rights Practices of
the Department of State stated ``With the exception of a few
highly controlled trips, the Chinese government also denied
multiple requests by foreign diplomats for permission to
visit the TAR.''
(10) Tibetan-Americans, attempting to visit their homeland,
report having to undergo a discriminatory visa application
process, different from what is typically required, at the
Chinese embassy and consulates in the United States, and
often find their requests to travel denied.
(11) The 2016 Country Reports on Human Rights Practices of
the Department of State stated ``The few visits to the TAR by
diplomats and journalists that were allowed were tightly
controlled by local authorities.''.
(12) A September 2016 article in the Washington Post
reported that ``The Tibet Autonomous Region . . . is harder
to visit as a journalist than North Korea.''.
(13) The Government of China has failed to respond
positively to requests from the Government of the United
States to open a consulate in Lhasa, Tibet Autonomous Region.
(14) The Foreign Correspondents' Club of China reports
that--
(A) 2008 rules prevent foreign reporters from visiting the
Tibet Autonomous Region without prior permission from the
Government of such Region;
(B) such permission has rarely been granted; and
(C) although the 2008 rules allow journalists to travel
freely in other parts of China, Tibetan areas outside such
Region remain ``effectively off-limits to foreign
reporters''.
(15) The Department of State reports that in addition to
having to obtain permission to enter the Tibet Autonomous
Region, foreign tourists--
(A) must be accompanied at all times by a government-
designated tour guide;
(B) are rarely granted permission to enter the region by
road;
(C) are largely barred from visiting around the March
anniversary of a 1959 Tibetan uprising; and
(D) are banned from visiting the area where Larung Gar, the
world's largest center for the study of Tibetan Buddhism, and
the site of a large-scale campaign to expel students and
demolish living quarters, is located.
(16) Foreign visitors also face restrictions in their
ability to travel freely in Tibetan areas outside the Tibet
Autonomous Region.
(17) The Government of the United States generally allows
journalists and other citizens of China to travel freely
within the United States. The Government of the United States
requires diplomats from China to notify the Department of
State of their travel plans, and in certain situations, the
Government of the United States requires such diplomats to
obtain approval from the Department of State before travel.
However, where approval is required, it is almost always
granted expeditiously.
(18) The United States regularly grants visas to Chinese
officials, scholars, and others who travel to the United
States to discuss, promote, and display the perspective of
the Government of China on the situation in Tibetan areas,
even as the Government of China restricts the ability of
citizens of the United States to travel to Tibetan areas to
gain their own perspective.
(19) Chinese diplomats based in the United States generally
avail themselves of the freedom to travel to United States
cities and lobby city councils, mayors, and governors to
refrain from passing resolutions, issuing proclamations, or
making statements of concern regarding Tibet.
(20) The Government of China characterizes statements made
by officials of the United States about the situation in
Tibetan areas as inappropriate interference in the internal
affairs of China.
(c) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Senior leadership positions.--The term ``senior
leadership positions'' means--
(A) at the national level, the Chairperson of the National
Committee of the Chinese People's Political Consultative
Conference and the Head and Deputy Heads of the United Front
Work Department of the Central Committee of the Communist
Party of China;
(B) at the subnational level--
(i) members of the Communist Party Standing Committee of
the Tibet Autonomous Region;
(ii) the Director of the Tibet Autonomous Region Tourism
Bureau;
(iii) the heads of United Front Work Departments of
Sichuan, Qinghai, Gansu, and Yunnan Provinces; and
[[Page S3700]]
(iv) members of the Communist Party Standing Committees of
the areas listed under paragraph (3)(B); and
(C) any other individual determined by the Secretary of
State to be personally and substantially involved in the
formulation or execution of policies related to access for
foreigners to Tibetan areas.
(3) Tibetan areas.--The term ``Tibetan areas'' includes--
(A) the Tibet Autonomous Region; and
(B) the areas that the Government of China designates as
Tibetan Autonomous, as follows:
(i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari
(Tianzhu) Tibetan Autonomous County located in Gansu
Province.
(ii) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho
(Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei)
Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan
Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan
Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous
Prefecture, located in Qinghai Province.
(iii) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa
(Aba) Tibetan and Qiang Autonomous Prefecture, and Muli
(Mili) Tibetan Autonomous County, located in Sichuan
Province.
(iv) Dechen (Diqing) Tibetan Autonomous Prefecture, located
in Yunnan Province.
(d) Annual Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report that includes--
(A) an assessment of the level of access to Tibetan areas
that Chinese authorities have granted to diplomats,
journalists, and tourists from the United States, including--
(i) a comparison with the level of access granted to other
areas of China;
(ii) a comparison between the levels of access granted to
Tibetan and non-Tibetan areas in relevant provinces;
(iii) a comparison of the level of access in the reporting
year to the level of access in the previous reporting year;
and
(iv) a description of the required permits and other
measures that impede the freedom to travel in Tibetan areas;
and
(B) a list of all the individuals who hold a senior
leadership position.
(2) Public availability.--The report required under
paragraph (1) shall be made available to the public on the
website of the Department of State.
(e) Inadmissibility of Certain Aliens.--
(1) Ineligibility for visas.--An individual whose name
appears on the most recent list submitted by the Secretary of
State pursuant to subsection (d)(1)(B) is not eligible to
receive a visa to enter the United States or to be admitted
to the United States if the Secretary of State determines
that--
(A) the requirement for specific official permission for
foreigners to enter the Tibetan Autonomous Region--
(i) remains in effect; or
(ii) has been replaced by a regulation that has a similar
effect and requires foreign travelers to gain a level of
permission to enter the Tibet Autonomous Region that is not
required for travel to other provinces in China; and
(B) restrictions on travel by officials, journalists, and
citizens of the United States to areas designated as
``Tibetan Autonomous'' in the Chinese provinces of Sichuan,
Qinghai, Yunnan, and Gansu are greater than any restrictions
on travel by such officials and citizens to areas in such
provinces that are not so designated.
(2) Current visas revoked.--The Secretary of State shall
revoke, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), the visa or other
documentation to enter or be present in the United States
issued for an alien who would be ineligible to receive such a
visa or documentation under paragraph (1).
(3) Waiver for national interests.--
(A) In general.--The Secretary of State may waive the
application of paragraph (1) or (2) in the case of an alien
if the Secretary determines that such a waiver--
(i) 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 (TIAS 1676) or any other
applicable international obligation of the United States; or
(ii) is in the national interests of the United States.
(B) Notification.--Upon granting a waiver under
subparagraph (A), the Secretary of State shall submit to the
appropriate congressional committees a document detailing the
evidence and justification for the necessity of such waiver,
including, if such waiver is granted pursuant to subparagraph
(A)(ii), how such waiver relates to the national interests of
the United States.
(f) Sense of Congress on Visa Policy.--
(1) Finding.--Congress finds that reciprocity forms the
basis of diplomatic law and the practice of mutual exchanges
between countries.
(2) Sense of congress.--It is the sense of Congress that--
(A) a country should give equivalent consular access to the
nationals of a foreign country in a manner that is reciprocal
to the consular access granted by such foreign country to
citizens of the country; and
(B) the Secretary of State, when granting diplomats from
China access to parts of the United States, should take into
account the extent to which the Government of China grants
diplomats from the United States access to parts of China,
including the level of access afforded to such diplomats to
Tibetan areas.
(g) Sunset.--The authorities under this section shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
______
SA 2705. Mrs. HYDE-SMITH submitted an amendment intended to be
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. GOLD STAR FAMILIES REMEMBRANCE WEEK.
(a) Findings.--Congress finds the following:
(1) The last day in September--
(A) is designated as ``Gold Star Mother's Day'' under
section 111 of title 36, United States Code; and
(B) was first designated as ``Gold Star Mother's Day''
under the Joint Resolution entitled ``Joint Resolution
designating the last Sunday in September as `Gold Star
Mother's Day', and for other purposes,'' approved June 23,
1936 (49 Stat. 1895).
(2) There is no date dedicated to families affected by the
loss of a loved one who died in service to the United States.
(3) A gold star symbolizes a family member who died in the
line of duty while serving in the Armed Forces.
(4) The members and veterans of the Armed Forces, through
their service, bear the burden of protecting the freedom of
the people of the United States.
(5) The selfless example of the service of the members and
veterans of the Armed Forces, as well as the sacrifices made
by the families of those individuals, inspires all
individuals in the United States to sacrifice and work
diligently for the good of the United States.
(6) The sacrifices of the families of the fallen members of
the Armed Forces and the families of veterans of the Armed
Forces should never be forgotten.
(b) Designation of Gold Star Families Remembrance Week.--
Congress--
(1) designates the week of September 23 through September
29, 2018, as ``Gold Star Families Remembrance Week'';
(2) honors and recognizes the sacrifices made by the
families of members of the Armed Forces who have made the
ultimate sacrifice in order to defend freedom and protect the
United States and by the families of veterans of the Armed
Forces; and
(3) encourages the people of the United States to observe
Gold Star Families Remembrance Week by--
(A) performing acts of service and good will in their
communities; and
(B) celebrating families in which loved ones have made the
ultimate sacrifice so that others could continue to enjoy
life, liberty, and the pursuit of happiness.
______
SA 2706. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 554.
______
SA 2707. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 478, between lines 16 and 17, insert the following:
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report setting forth the following:
(1) Elements of Family Advocacy Program community response
plans, installation memoranda of understanding, and status of
forces agreements applicable to juvenile-on-juvenile abuse
committed on military installations.
(2) A description and assessment of jurisdictional
responsibilities and processes in
[[Page S3701]]
connection with responding to juvenile-on-juvenile abuse on
military installations that occurs outside Department of
Defense Education Activity schools or in foreign countries.
______
SA 2708. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Beginning on page 320 strike line 16 and all that follows
through ``(d)'' on page 321, line 1 and insert the following:
(c) Recommendations for Additional Exposures and Related
Illnesses to Be Included.--Not later than five years after
the date of the enactment of this Act, and every five years
thereafter, the Secretary of Veterans Affairs, in
consultation with the Secretary of Defense and the
Administrator of the Environmental Protection Agency, shall
submit to Congress recommendations for additional chemicals
with respect to which individuals exposed to such chemicals
should be included in the registry established under
subsection (a).
(d) List of Conditions Connected to Exposure.--
(1) Categorization of connection.--With respect to each
condition associated with exposure to PFAS, the Secretary of
Veterans Affairs shall categorize the evidence of connection
of the condition to exposure to PFAS as--
(A) sufficient to conclude with reasonable confidence that
exposure is a cause of the condition;
(B) modest supporting causation, but not sufficient to
conclude with reasonable confidence that exposure is a cause
of the condition; or
(C) no more than limited supporting causation;
(2) Publication of list.--
(A) In general.--The Secretary of Veterans Affairs shall
publish in the Federal Register and on an Internet website of
the Department of Veterans Affairs--
(i) a list of each condition determined by the Secretary to
be associated with PFAS, including the categorization under
paragraph (1) of the evidence of connection; and
(ii) with respect to each condition listed under clause
(i), the bibliographic citations for all literature reviewed
in making the determination and categorization described in
such clause.
(B) Update.--The Secretary of Veterans Affairs shall update
the list published under subparagraph (A) to add conditions
determined by the Secretary to be associated with PFAS,
including the categorization under paragraph (1) of the
evidence of connection, since such list was last published or
updated under this paragraph.
(e)
______
SA 2709. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 241, line 3, strike ``such'' and insert ``direct''.
On page 241, line 3, insert after ``supervision'' the
following: ``by another individual who has already received
criminal background check clearance''.
On page 241, between lines 5 and 6, insert the following:
(3) A requirement that written documentation of submission
of a compliant criminal background check, including
fingerprint submission, be provided for each individual
seeking a temporary issuance of clearance before such
temporary issuance is granted.
______
SA 2710. Mr. PORTMAN (for himself and Mr. Murphy) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1262 and insert the following:
SEC. 1262. EXTENSION OF AUTHORITY FOR TRANSFER OF AMOUNTS FOR
GLOBAL ENGAGEMENT CENTER.
Section 1287(e) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2546; 22
U.S.C. 2656 note) is amended--
(1) in paragraph (1), by striking the paragraph designation
and heading and all that follows through ``If amounts'' and
inserting the following:
``(1) Fiscal years 2017 and 2018.--If amounts'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Fiscal years 2019 and 2020.--For each of fiscal years
2019 and 2020, the Secretary of Defense is authorized to
transfer, from amounts appropriated to the Secretary pursuant
to the John S. McCain National Defense Authorization Act for
Fiscal Year 2019, not more than $60,000,000 to carry out the
functions of the Center.'';
(4) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (1) or (2)''; and
(5) in paragraph (4), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
______
SA 2711. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1250. PROHIBITION ON USE OF FUNDS FOR TELECOMMUNICATIONS
EQUIPMENT AND SERVICES PROVIDED BY CERTAIN
CHINESE ENTITIES.
(a) In General.--Notwithstanding any other provision of
this Act or any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2019 for the Department of Defense may be
obligated or expended for the operation, maintenance,
sustainment, or procurement of--
(1) telecommunications equipment produced by an entity
described in subsection (b);
(2) telecommunications services provided by such an entity
or using such equipment; or
(3) telecommunications equipment or services produced or
provided by an entity that the Secretary of Defense, in
consultation with the Director of National Intelligence or
the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by,
or otherwise connected to, the Government of the People's
Republic of China.
(b) Entity Described.--An entity described in this
subsection is--
(1) Huawei Technologies Company or ZTE Corporation; or
(2) any entity owned or controlled by, or under common
ownership or control with, an entity described in paragraph
(1).
______
SA 2712. Mr. CASSIDY (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In the table in section 2301(a), insert after the line
relating to MacDill Air Force Base, Florida the following new
item:
----------------------------------------------------------------------------------------------------------------
Louisiana................................... Barksdale Air Force Base......................... $12,250,000
----------------------------------------------------------------------------------------------------------------
In the table in section 4601, insert below the item
relating to ``Hayman Munitions Storage Igloos MSA 2'' at
Joint Region Marianas, Guam, an item relating to ``Entrance
Road and Gate Complex'' at Barksdale Air Force Base,
Louisiana, with an amount of ``12,250'' in the Senate
Authorized column.
In the table in section 4601, in the item relating to
Subtotal Air Force, strike the amount in the Senate
Authorized column and insert ``1,764,407''.
In the table in section 4601, in the item relating to Total
Military Construction, strike the amount in the Senate
Authorized column and insert ``8,692,674''.
______
SA 2713. Mr. PAUL (for himself and Mr. Schatz) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year
[[Page S3702]]
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVIII--PREVENTION OF MILITARIZATION OF LAW ENFORCEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Stop Militarizing Law
Enforcement Act''.
SEC. 1802. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT
OF DEFENSE PERSONAL PROPERTY TO FEDERAL AND
STATE LAW ENFORCEMENT AGENCIES.
(a) Additional Limitations.--
(1) In general.--Section 2576a of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``subsection (b)'' and inserting ``the provisions of this
section''; and
(II) in subparagraph (A), by striking ``, including
counter-drug and counterterrorism activities''; and
(ii) in paragraph (2), by striking ``and the Director of
National Drug Control Policy'';
(B) in subsection (b)--
(i) in paragraph (3), by striking ``and'' at the end;
(ii) in paragraph (4), by striking the period and inserting
a semicolon; and
(iii) by adding at the end the following new paragraphs:
``(5) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property; and
``(6) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense.'';
(C) by striking subsection (d); and
(D) by adding at the end the following new subsections:
``(d) Limitations on Transfers.--The Secretary of Defense
may not transfer under this section any property as follows:
``(1) Weapons, weapon parts, and weapon components,
including camouflage and deception equipment, and optical
sights.
``(2) Weapon system specific vehicular accessories.
``(3) Demolition materials.
``(4) Explosive ordinance.
``(5) Night vision equipment.
``(6) Tactical clothing, including uniform clothing and
footwear items, special purpose clothing items, and
specialized flight clothing and accessories.
``(7) Drones.
``(8) Combat, assault, and tactical vehicles, including
Mine-Resistant Ambush Protected (MRAP) vehicles.
``(9) Training aids and devices.
``(10) Firearms of .50 caliber or higher, ammunition of .50
caliber or higher, grenade launchers, flash grenades, and
bayonets.
``(e) Approval by Law Required for Transfer of Property Not
Previously Transferrable.--(1) In the event the Secretary of
Defense proposes to make available for transfer under this
section any property of the Department of Defense not
previously made available for transfer under this section,
the Secretary shall submit to the appropriate committees of
Congress a report setting forth the following:
``(A) A description of the property proposed to be made
available for transfer.
``(B) A description of the conditions, if any, to be
imposed on use of the property after transfer.
``(C) A certification that transfer of the property would
not violate a provision of this section or any other
provision of law.
``(2) The Secretary may not transfer any property covered
by a report under this subsection unless authorized by a law
enacted by Congress after the date of the receipt of the
report by Congress.
``(f) Annual Certification Accounting for Transferred
Property.--(1) The Secretary of Defense shall submit to the
appropriate committees of Congress each year a certification
in writing that each recipient to which the Secretary has
transferred property under this section during the preceding
fiscal year--
``(A) has provided to the Secretary documentation
accounting for all property the Secretary has previously
transferred to such recipient under this section; and
``(B) has complied with paragraphs (5) and (6) of
subsection (b) with respect to the property so transferred
during such fiscal year.
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a recipient, the Secretary may not transfer
additional property to such recipient under this section,
effective as of the date on which the Secretary would
otherwise make the certification under this subsection, and
such recipient shall be suspended or terminated from further
receipt of property under this section.
``(g) Conditions for Extension of Program.--Notwithstanding
any other provision of law, amounts authorized to be
appropriated or otherwise made available for any fiscal year
may not be obligated or expended to carry out this section
unless the Secretary submits to the appropriate committees of
Congress a certification that for the preceding fiscal year
that--
``(1) each recipient agency that has received property
under this section has--
``(A) demonstrated 100 percent accountability for all such
property, in accordance with paragraph (2) or (3), as
applicable; or
``(B) been suspended or terminated from the program
pursuant to paragraph (4);
``(2) with respect to each non-Federal agency that has
received property under this section, the State Coordinator
responsible for each such agency has verified that the State
Coordinator or an agent of the State Coordinator has
conducted an in-person inventory of the property transferred
to the agency and that 100 percent of such property was
accounted for during the inventory or that the agency has
been suspended or terminated from the program pursuant to
paragraph (4);
``(3) with respect to each Federal agency that has received
property under this section, the Secretary of Defense or an
agent of the Secretary has conducted an in-person inventory
of the property transferred to the agency and that 100
percent of such property was accounted for during the
inventory or that the agency has been suspended or terminated
from the program pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
property under this section for which 100 percent of the
equipment was not accounted for during an inventory described
in paragraph (2) or (3), as applicable, to receive property
transferred under this section has been suspended or
terminated;
``(5) each State Coordinator has certified, for each non-
Federal agency located in the State for which the State
Coordinator is responsible that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended or
terminated; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended or
terminated.
``(h) Website.--The Defense Logistics Agency shall
maintain, and update on a quarterly basis, an Internet
website on which the following information shall be made
publicly available in a searchable format:
``(1) A description of each transfer made under this
section, including transfers made before the date of the
enactment of the Stop Militarizing Law Enforcement Act, set
forth by State, county, and recipient agency, and including
item name, item type, item model, and quantity.
``(2) A list of all property transferred under this section
that is not accounted for by the Defense Logistics Agency,
including--
``(A) the name of the State, county, and recipient agency;
``(B) the item name, item type, and item model;
``(C) the date on which such property became unaccounted
for by the Defense Logistics Agency; and
``(D) the current status of such item.
``(3) A list of each agency suspended or terminated from
further receipt of property under this section, including
State, county, and agency, and the reason for and duration of
such suspension or termination.
``(i) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Oversight and Government Reform of the House of
Representatives.
``(2) The term `agent of a State Coordinator' means any
individual to whom a State Coordinator formally delegates
responsibilities for the duties of the State Coordinator to
conduct inventories described in subsection (g)(2).
``(3) The term `State Coordinator', with respect to a
State, means the individual appointed by the governor of the
State to maintain property accountability records and oversee
property use by the State.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Return of Property to Department of Defense.--Not later
than one year after the date of the enactment of this Act,
each Federal or State agency to which property described by
subsection (d) of section 2576a of title 10, United States
Code (as added by subsection (a)(1) of this section), was
transferred before the date of the enactment of this Act
shall return such property to the Defense Logistics Agency on
behalf of the Department of Defense.
SEC. 1803. USE OF DEPARTMENT OF HOMELAND SECURITY
PREPAREDNESS GRANT FUNDS.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Federal Emergency
Management Agency; and
(2) the term ``preparedness grant program'' includes--
(A) the Urban Area Security Initiative authorized under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C.
604);
(B) the State Homeland Security Grant Program authorized
under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605);
[[Page S3703]]
(C) the Port Security Grant Program authorized under
section 70107 of title 46, United States Code; and
(D) any other non-disaster preparedness grant program of
the Agency.
(b) Limitation.--The Agency may not permit awards under a
preparedness grant program--
(1) to be used to buy, maintain, or alter--
(A) explosive entry equipment;
(B) head and face protection equipment, other than those to
be used by certified bomb technicians;
(C) canines (other than bomb-sniffing canines for agencies
with certified bomb technicians or for use in search and
rescue operations);
(D) tactical or armored vehicles;
(E) long-range hailing and warning devices;
(F) tactical entry equipment (other than for use by
specialized teams such as Accredited Bomb Squads, Tactical
Entry, or Special Weapons and Tactics (SWAT) Teams); or
(G) firearms of .50 caliber or higher, ammunition of .50
caliber or higher, grenade launchers, flash grenades, or
bayonets; or
(2) to be used to buy, maintain, or alter body armor or
ballistic helmets and shields unless the grantee certifies to
the Agency that the equipment will not be used for riot
suppression.
(c) Review of Prior Receipt of Property Before Award.--In
making an award under a preparedness grant program, the
Agency shall--
(1) determine whether the awardee has already received, and
still retains, property from the Department of Defense
pursuant to section 2576a of title 10, United States Code,
including through review of the website maintained by the
Defense Logistics Agency pursuant to subsection (h) of such
section (as added by section 2(a)(1) of this Act);
(2) require that the award may not be used by the awardee
to procure or obtain property determined to be retained by
the awardee pursuant to paragraph (1); and
(3) require that the award only be used to procure or
obtain property in accordance with use restrictions contained
within the Agency's State and Local Preparedness Grant
Programs' Authorized Equipment List.
(d) Use of Grant Program Funds for Required Return of
Property to DoD.--Notwithstanding any other provision of law,
the use of funds by a State or local agency to return to the
Department of Defense property transferred to such State or
local agency pursuant to section 2676a of title 10, United
States Code, as such return is required by section 1802(b) of
this Act, shall be an allowable use of preparedness grant
program funds by such agency.
(e) Accountability Measures.--
(1) Audit of use of preparedness grant funds.--Not later
than one year after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct an
audit covering the period of fiscal year 2010 through the
current fiscal year on the use of preparedness grant program
funds. The audit shall assess how funds have been used to
procure equipment, how the equipment has been used, and
whether the grant awards have furthered the Agency's goal of
improving the preparedness of State and local communities.
(2) Annual accounting of use of award funds.--Not later
than one year after the date of the enactment of this Act,
the Agency shall develop and implement a system of accounting
on an annual basis how preparedness grant program funds have
been used to procure equipment, how the equipment has been
used, whether grantees have complied with restrictions on the
use of equipment contained with the Authorized Equipment
List, and whether the awards have furthered the Agency's goal
of enhancing the capabilities of State agencies to prevent,
deter, respond to, and recover from terrorist attacks, major
disasters, and other emergencies.
SEC. 1804. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT FUNDS.
(a) Limitation.--Section 501(d) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(d)) is amended by adding at the end the following:
``(3) The purchase, maintenance, alteration, or operation
of--
``(A) lethal weapons; or
``(B) less-lethal weapons.''.
(b) Use of Grant Funds for Required Return of Property to
DoD.--Notwithstanding any other provision of law, the use of
funds by a State agency or unit of local government to return
to the Department of Defense property transferred to such
agency or unit of local government pursuant to section 2676a
of title 10, United States Code, as such return is required
by section 1802(b) of this Act, shall be an allowable use of
grant amounts under the Edward Byrne Memorial Justice
Assistance Grant Program.
SEC. 1805. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit to
Congress a report on Federal agencies, including offices of
Inspector General for Federal agencies, that have specialized
units that receive special tactical or military-style
training or use hard-plated body armor, shields, or helmets
and that respond to high-risk situations that fall outside
the capabilities of regular law enforcement officers,
including any special weapons and tactics (SWAT) team,
tactical response teams, special events teams, special
response teams, or active shooter teams.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A description of each specialized unit described under
such subsection.
(2) A description of the training and weapons of each such
unit.
(3) The criteria for activating each such unit and how
often each such unit was activated for each year of the
previous ten years.
(4) An estimate of the annual cost of equipping and
operating each such unit.
(5) Any other information that is relevant to understanding
the usefulness and justification for the units.
______
SA 2714. Ms. STABENOW submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 864. MANUFACTURING EXTENSION PARTNERSHIP SUPPORT FOR
DEVELOPMENT OF DOMESTIC SUPPLY BASE FOR
PRODUCTION OF COMPONENTS AND WEAPON SYSTEMS.
(a) Memorandum of Understanding.--The Secretary of Defense
and the Secretary of Commerce shall enter into a memorandum
of understanding (MOU) for purposes of ensuring--
(1) the development of a domestic supply base to support
production of components and weapon systems for the
Department of Defense; and
(2) compliance with chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act'') and
section 2533a of title 10, United States Code (commonly
referred to as the ``Berry Amendment''), including by
limiting the use of waivers.
(b) Activities.--The MOU shall include provisions--
(1) allowing Department of Defense personnel to consult
with the National Institute of Standards and Technology
(NIST) Manufacturing Extension Partnership (MEP) when
conducting market research; and
(2) requiring that before a domestic non-availability
waiver is granted, NIST MEP shall conduct a nationwide
analysis to identify domestic suppliers that may be able to
meet Department of Defense acquisition needs.
______
SA 2715. Ms. STABENOW (for herself and Ms. Collins) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. GUIDANCE ON BUY AMERICAN ACT AND BERRY AMENDMENT
REQUIREMENTS.
(a) Finding.--Congress finds that the Inspector General of
the Department of Defense has issued a series of reports
finding deficiencies in the adherence to the provisions of
the Buy American Act and the Berry Amendment and recommending
improvements in training for the Defense acquisition
workforce.
(b) Buy American Act Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to chapter 83 of title 41, United States
Code (commonly referred to as the ``Buy American Act'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Buy
American Act provisions and clauses in applicable
solicitations and contracts;
(B) the requirements of the Buy American Act, such as
inclusion of clauses, into the electronic contract writing
systems used by the military departments and the Defense
Logistics Agency; and
(C) Defense Federal Acquisition Regulation Supplement
requirements regarding exceptions to the Buy American Act.
(c) Berry Amendment and Specialty Metals Clause Guidance.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of Defense Pricing/
Defense Procurement Acquisition Policy shall issue guidance
to Department of Defense contracting officials on
requirements related to section 2533a of title 10, United
States Code (commonly referred to as the ``Berry
Amendment''), and section 2533b of title 10, United
[[Page S3704]]
States Code (commonly referred to as the ``specialty metals
clause'').
(2) Elements.--The guidance issued under paragraph (1)
shall cover--
(A) the requirement to incorporate and enforce the Berry
Amendment and the specialty metals clause provisions and
clauses in applicable solicitations and contracts;
(B) the requirements of the Berry Amendment and the
specialty metals clause, such as inclusion of clauses, into
the electronic contract writing systems used by the military
departments and the Defense Logistics Agency; and
(C) Defense Federal Acquisition Regulation Supplement
requirements regarding exceptions to the Berry Amendment and
the specialty metals clause.
______
SA 2716. Ms. STABENOW submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO ITEMS
USED OUTSIDE THE UNITED STATES.
Section 8302(a)(2)(A) of title 41, United States Code, is
amended by inserting ``needed on an urgent basis or for
national security reasons (as determined by the head of a
Federal agency)'' after ``for use outside the United
States''.
______
SA 2717. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. EQUALITY OF TREATMENT IN ARMS SALES FOR TAIWAN.
(a) In General.--The President shall ensure that the United
States Government treats any proposed arms sale for Taiwan
with the same timeline, process, and procedure, including
formal notification to Congress under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), accorded to a proposed arms
transfer for any other country.
(b) OIG Reporting.--For each of the five years beginning on
the day after the date of the enactment of this Act, the
Inspectors General of the Department of State and the
Department of Defense shall--
(1) review the compliance of the Department of State and
the Department of Defense, respectively, with this section;
and
(2) submit to the appropriate committees of Congress a
report on such compliance.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 2718. Ms. HIRONO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. SENSE OF CONGRESS ON STEM WORKFORCE AND SCIENCE
COMPETITIONS.
It is the sense of Congress that--
(1) a science, technology, engineering, and mathematics
(STEM) workforce and science competitions are critical to
meeting the Department of Defense's current and future
national security requirements;
(2) the Department's organized science competitions such as
in robotics to advance its science, technology, engineering,
and mathematics priorities are important;
(3) inspiring and developing the next generation of
scientists, engineers, and mathematicians is important;
(4) technology prize competitions should be carried out
under 2374a of title 10, United States Code, to stimulate
research and innovation; and
(5) such competitions should be continued and supported to
help meet the challenges faced by the Department to recruit
and retain the most qualified scientists, engineers, and
mathematicians.
______
SA 2719. Mr. KAINE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1271. POLICY OF THE UNITED STATES ON REGIME CHANGE.
It shall be the policy of the United States to not use
military force for the purpose of removing or replacing the
leadership of a foreign government or parts of its
governmental system, or for the purpose of supporting or
suppressing a political movement of a foreign government,
unless explicitly authorized by a declaration of war or
authorization for use of military force (AUMF) duly enacted
by Congress.
______
SA 2720. Ms. CANTWELL (for herself and Mrs. Murray) submitted an
amendment intended to be proposed by her to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XXXI, insert the
following:
SEC. ____. EXTENDING THE AUTHORIZATION OF THE EEOICPA
OMBUDSMAN.
Section 3686(h) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15(h)) is amended by striking ``October 28, 2019'' and
inserting ``October 28, 2024''.
______
SA 2721. Mrs. SHAHEEN (for herself, Mr. Coons, and Mr. Peters)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 1626 and insert the following:
SEC. 1626. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE
INDUSTRIAL SUPPLY CHAIN ON MATTERS RELATING TO
CYBERSECURITY.
(a) Dissemination of Cybersecurity Resources.--
(1) In general.--The Under Secretary of Defense for
Research and Engineering, in consultation with the Director
of the National Institute of Standards and Technology and the
Administrator of the Small Business Administration, shall
take such actions as may be necessary to enhance awareness of
cybersecurity threats among small manufacturers in the
defense industrial supply chain.
(2) Priority.--The Under Secretary of Defense for Research
and Engineering shall prioritize efforts to increase
awareness to help reduce cybersecurity risks faced by small
manufacturers described in paragraph (1), including through
the use of small business development centers, the Hollings
Manufacturing Extension Partnership, and the National Network
for Manufacturing Innovation.
(3) Sector focus.--The Under Secretary of Defense for
Research and Engineering shall carry out this subsection with
a focus on such industry sectors as the Under Secretary
considers critical.
(4) Outreach events.--Under paragraph (1), the Under
Secretary of Defense for Research and Engineering shall
conduct outreach to support activities consistent with this
section. Such outreach may include live events with a
physical presence and outreach conducted through internet
websites.
(b) Voluntary Cybersecurity Self-assessments.--The Under
Secretary of Defense for Research and Engineering shall
develop mechanisms to provide assistance to help small
manufacturers conduct voluntary self-assessments in order to
understand operating environments, cybersecurity
requirements, and existing vulnerabilities, including through
the Mentor Protege Program, small business programs, and
engagements with defense laboratories and test ranges.
(c) Transfer of Research Findings and Expertise.--
(1) In general.--The Under Secretary of Defense for
Research and Engineering shall
[[Page S3705]]
promote the transfer of appropriate technology and techniques
developed in the Department of Defense to small manufacturers
throughout the United States to implement security measures
that are adequate to protect covered defense information,
including controlled unclassified information.
(2) Coordination with other federal expertise and
capabilities.--The Under Secretary of Defense for Research
and Engineering shall coordinate efforts, when appropriate,
with the expertise and capabilities that exist in Federal
agencies, federally sponsored laboratories, the Hollings
Manufacturing Extension Partnership, the National Network for
Manufacturing Innovation, and small business development
centers.
(3) Agreements.--In carrying out this subsection, the Under
Secretary of Defense for Research and Engineering may enter
into agreements with private industry, institutes of higher
education, or a State, United States territory, local, or
tribal government to ensure breadth and depth of coverage to
the United States defense industrial base and to leverage
resources.
(d) Defense Acquisition Workforce Cyber Training Program.--
The Secretary of Defense shall establish a cyber counseling
certification program, or approve a similar existing program,
to certify small business professionals and other relevant
acquisition staff within the Department of Defense and
designated employees of small business development centers to
provide cyber planning assistance to small manufacturers in
the defense industrial supply chain. Subject to the
availability of appropriations, the Department of Defense may
reimburse small business development centers for costs
related to certification training under this subsection.
(e) Authorities.--In executing this program, the Secretary
may use the following authorities:
(1) The Manufacturing Technology Program established under
section 2521 of title 10, United States Code.
(2) The Centers for Science, Technology, and Engineering
Partnership program under section 2368 of title 10, United
States Code.
(3) The Manufacturing Engineering Education Program
established under section 2196 of title 10, United States
Code.
(4) The Small Business Innovation Research program.
(5) The mentor-protege program.
(6) Other legal authorities as the Secretary deems
necessary for the effective and efficient execution of the
program.
(f) Definitions.--In this section:
(1) Resources.--The term ``resources'' means guidelines,
tools, best practices, standards, methodologies, and other
ways of providing information.
(2) Small business concern.--The term ``small business
concern'' means a small business concern as that term is used
in section 3 of the Small Business Act (15 U.S.C. 632).
(3) Small business development center.--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).
(4) Small manufacturer.--The term ``small manufacturer''
means a small business concern that is a manufacturer.
(5) State.--The term ``State'' means each of the several
States, Territories, and possessions of the United States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
______
SA 2722. Mr. CORNYN (for himself and Mr. Cotton) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE
INFLUENCE AND OTHER SECURITY THREATS.
(a) Initiative Required.--The Secretary of Defense shall,
in consultation with other appropriate government
organizations, establish an initiative to work with academic
institutions who perform defense research and engineering
activities--
(1) to support protection of intellectual property,
controlled information, key personnel, and information about
critical technologies relevant to national security;
(2) to limit undue influence by countries engaged in
illicit behaviors to exploit United States technology within
the Department of Defense research, technology, and
innovation enterprise; and
(3) to support efforts toward development of domestic
talent in relevant scientific and engineering fields.
(b) Institutions and Organizations.--
(1) In general.--The initiative required by subsection (a)
shall be developed and executed to the maximum extent
practicable with academic research institutions and other
educational and research organizations, including tier I
research institutions of higher education and their chief
research security officers and chief information security
officers.
(2) Record of excellence.--In selecting research
institutions of higher education under this subsection, the
Secretary shall select institutions of higher education that
the Secretary determines demonstrate a record of excellence
in industrial security and counterintelligence in academia
and in research and development.
(c) Requirements.--The initiative required by subsection
(a) shall include development of the following:
(1) Information exchange forum and information repositories
to enable awareness of security threats and influence
operations being executed against the United States research,
technology, and innovation enterprise.
(2) Training and other support for academic institutions to
promote security and limit undue influence on institutions
and personnel, including financial support for execution for
such activities.
(3) Opportunities to collaborate with defense researchers
and research organizations in secure facilities to promote
protection of critical information.
(4) Regulations and procedures--
(A) for government and academic organizations and personnel
to support the goals of the initiative; and
(B) that are consistent with policies that protect open and
scientific exchange in fundamental research.
(5) Policies to limit or prohibit funding for institutions
or individual researchers who knowingly and repeatedly
violate regulations developed under the initiative.
(6) Initiatives to support the transition of the results of
academic institution research programs into defense
capabilities.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report on the activities
carried out under the initiative required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities conducted and the
progress made under the initiative.
(B) The findings of the Secretary with respect to the
initiative.
(C) Such recommendations as the Secretary may have for
legislative or administrative action relating to the matters
described in subsection (a).
(D) Identification and discussion of the gaps in legal
authorities that need to be improve to enhance the security
of tier I research institutions of higher education.
(E) A description of the actions taken by such institutions
to comply with such best practices and guidelines as may be
established by under the initiative.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in classified form.
(e) Definitions.--In this section:
(1) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(2) The term ``tier I'' with respect to an institution of
higher education means the institution of higher education
has the highest research activity, as defined by the Carnegie
Classification of Institutions of Higher Education.
______
SA 2723. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title V add the following:
SEC. 598. CONSIDERATION OF REQUESTS OF SENIOR RESERVE
OFFICERS' TRAINING CORPS HOST INSTITUTIONS OF
INDIVIDUALS WITH ALUMNI OR OTHER AFFINITY
STATUS IN ASSIGNMENT OF ADMINISTRATORS AND
INSTRUCTORS TO UNITS.
Section 2111 of title 10, United States Code, is amended--
(1) by inserting before ``The Secretary of the military
department concerned'' the following: ``(a) Assignment or
Detail of Members.--''; and
(2) by adding at the end the following new subsection:
``(b) Consideration of Alumni or Other Affinity Status in
Assignment of Personnel to Units.--In assigning personnel for
instructional or administrative duties at an educational
institution where a unit of the program is maintained, the
Secretary of the military department concerned may take into
account and afford a preference for the assignment of
individuals with an alumni or other affinity status to the
educational institution if so requested by the educational
institution.''.
[[Page S3706]]
______
SA 2724. Mr. LEE (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. 12__. REPORTS ON ALLIED CONTRIBUTIONS TO COMMON DEFENSE.
(a) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(1) expresses the sense of Congress that, due to threats
that are ever-changing, Congress must be informed with
respect to allied contributions to the common defense to
properly assess the readiness of the United States and allied
nations for threats beyond the global war on terror,
including near-peer threats; and
(2) requires the Secretary of Defense to submit to Congress
an annual report on the contributions of allies to the common
defense.
(b) Sense of Congress.--It is the sense of Congress that
the President should seek from each allied nation acceptance
of international security responsibilities and agreements to
make contributions to the common defense commensurate with
the economic resources and security environment of such
allied nation.
(c) Reports.--
(1) In general.--Not later than March 1 each year, the
Secretary, in coordination with the heads of other Federal
agencies, as the Secretary determines to be necessary, shall
submit to the appropriate committees of Congress a report
containing a description of--
(A) the annual defense spending by each allied nation,
including available data on nominal budget figures and
defense spending as a percentage of the gross domestic
products of such allied nations for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(B) the activities of each such allied nation to contribute
to military or stability operations in which the Armed Forces
of the United States are a participant;
(C) any limitations placed by any such allied nation on the
use of such contributions; and
(D) any actions undertaken by the United States or by other
countries to minimize such limitations.
(2) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(3) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(d) Definitions.--In this section:
(1) Allied nation.--The term ``allied nation'' means--
(A) each member state of the North Atlantic Treaty
Organization;
(B) Australia;
(C) Japan;
(D) South Korea;
(E) New Zealand; and
(F) each member state of the Gulf Cooperation Council.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
______
SA 2725. Mr. LEE (for himself, Mr. Risch, Mr. Crapo, and Mr. Heller)
submitted an amendment intended to be proposed by him to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. 3__. STATE MANAGEMENT AND CONSERVATION OF SPECIES.
(a) Sage-grouse and Prairie-chicken.--
(1) In general.--During the 10-year period beginning on the
date of the enactment of this Act, the conservation status of
each of the Greater Sage grouse (Centrocerus urophasianus)
and the Lesser Prairie-Chicken (Tympanuchus pallidicinctus)
under section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) shall be not-warranted for listing.
(2) Subsequent determinations.--In determining conservation
efficacy for purposes of making any determination of such
status after such 10-year period, the Secretary of the
Interior shall fully consider all conservation actions of
States, Federal agencies, and military installations.
(b) American Burying Beetle.--Notwithstanding the final
rule of the United States Fish and Wildlife Service entitled
``Endangered and Threatened Wildlife and Plants;
Determination of Endangered Status for the American Burying
Beetle'' (54 Fed. Reg. 29652 (July 13, 1989)), the American
burying beetle (Nicrophorus americanus) may not be listed as
a threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(c) Judicial Review.--Notwithstanding any other provision
of statute or regulation, this section shall not be subject
to judicial review.
______
SA 2726. Mr. LEE (for himself, Mr. Risch, Mr. Crapo, and Mr. Heller)
submitted an amendment intended to be proposed by him to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. 3___. PROTECTION AND RECOVERY OF GREATER SAGE-GROUSE.
(a) Purposes.--The purposes of this section are--
(1) to facilitate implementation of State management plans
over a period of multiple, consecutive greater sage-grouse
life cycles; and
(2) to demonstrate the efficacy of the State management
plans for the protection and recovery of the greater sage-
grouse.
(b) Definitions.--In this section:
(1) Federal resource management plan.--The term ``Federal
resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); and
(B) a land and resource management plan prepared by the
Forest Service for National Forest System land pursuant to
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(2) Greater sage-grouse.--The term ``greater sage-grouse''
means a sage-grouse of the species Centrocercus urophasianus.
(3) State management plan.--The term ``State management
plan'' means a State-approved plan for the protection and
recovery of the greater sage-grouse.
(c) Protection and Recovery of Greater Sage-grouse.--
(1) Endangered species act of 1973 findings.--
(A) Delay required.--The Secretary of the Interior may not
modify or invalidate the finding of the Director of the
United States Fish and Wildlife Service announced in the
proposed rule entitled ``Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a Petition to List Greater
Sage-Grouse (Centrocercus urophasianus) as an Endangered or
Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015))
during the period beginning on the date of enactment of this
Act and ending on September 30, 2027.
(B) Effect on other laws.--The delay required under
subparagraph (A) is and shall remain effective without regard
to any other statute, regulation, court order, legal
settlement, or any other provision of law or in equity.
(C) Effect on conservation status.--The conservation status
of the greater sage-grouse shall be considered not to warrant
listing of the greater sage-grouse as an endangered species
or threatened species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) during the period beginning on
the date of enactment of this Act and ending on September 30,
2027.
(2) Coordination of federal land management and state
conservation and management plans.--
(A) Prohibition on withdrawal and modification of federal
resource management plans.--On notification by the Governor
of a State with a State management plan, the Secretary of the
Interior and the Secretary of Agriculture may not make,
modify, or extend any withdrawal or amend or otherwise modify
any Federal resource management plan applicable to Federal
land in the State in a manner inconsistent with the State
management plan for, as specified by the Governor in the
notification, a period of not fewer than 5 years beginning on
the date of the notification.
(B) Retroactive effect.--In the case of any State that
provides notification under subparagraph (A), if any
withdrawal was made, modified, or extended or any amendment
or modification of a Federal resource management plan
applicable to Federal land in the State was issued after June
1, 2014, and the withdrawal, amendment, or modification
altered the management of the greater sage-grouse or the
habitat of the greater sage-grouse--
(i) implementation and operation of the withdrawal,
amendment, or modification shall be stayed to the extent that
the withdrawal, amendment, or modification is inconsistent
with the State management plan; and
(ii) the Federal resource management plan, as in effect
immediately before the withdrawal, amendment, or
modification, shall apply instead with respect to the
management of the greater sage-grouse and the
[[Page S3707]]
habitat of the greater sage-grouse, to the extent consistent
with the State management plan.
(C) Determination of inconsistency.--Any disagreement
regarding whether a withdrawal, amendment, or other
modification of a Federal resource management plan is
inconsistent with a State management plan shall be resolved
by the Governor of the affected State.
(3) Relation to national environmental policy act of
1969.--With regard to any major Federal action consistent
with a State management plan, any findings, analyses, or
conclusions regarding the greater sage-grouse and the habitat
of the greater sage-grouse under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall not have a preclusive effect on the
approval or implementation of the major Federal action in
that State.
(4) Reporting requirement.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter
through 2027, the Secretary of the Interior and the Secretary
of Agriculture shall jointly submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a report
describing the implementation by the Secretaries of, and the
effectiveness of, systems to monitor the status of greater
sage-grouse on Federal land under the jurisdiction of the
Secretaries.
(5) Judicial review.--Notwithstanding any other provision
of law (including regulations), this subsection, including
any determination made under paragraph (2)(C), shall not be
subject to judicial review.
______
SA 2727. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 560, line 16, insert ``and, on request, to any
Member of Congress,'' after ``congressional defense
committees''.
______
SA 2728. Mr. LEE (for himself and Mr. Cruz) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 620, strike lines 19 and 20 and insert the
following:
``(B) United States citizens of Chinese descent.
``(29) Efforts by China, in support of the military and
security strategy of China, to influence the Western
Hemisphere through involvement in Central and South America,
including--
``(A) by making donations or providing loans to--
``(i) hemispheric or regional organizations the mandates of
which focus on democracy and security; or
``(ii) governments of any country in the region for
security or other investment purposes; and
``(B) security cooperation efforts with or diplomatic
campaigns in any country in the region, including Peru,
Chile, Costa Rica, Panama, Brazil, Venezuela, Argentina,
Bolivia, Paraguay, Colombia, Ecuador, Honduras, Nicaragua,
Cuba, and Uruguay.
``(30) An assessment of the manner in which the activities
described in paragraph (29) affect United States military
strategy and operability in Central and South America.''.
______
SA 2729. Mr. LEE (for himself and Mr. Hatch) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2838. REPORT ON RELOCATION OF DEFENSE NON-TACTICAL
GENERATOR AND RAIL EQUIPMENT CENTER.
(a) In General.--Not later than January 31, 2019, the
Secretary of the Army, in coordination with the Secretary of
the Air Force, shall submit to the congressional defense
committees a report with a detailed plan for executing the
relocation of the Defense Non-Tactical Generator and Rail
Equipment Center (DGRC) and all actions necessary to
ultimately transfer property to the Utah Department of
Transportation.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A detailed plan and timeline to relocate this mission
to Anniston Army Depot and all necessary construction or
renovation of facilities at Anniston Army Depot.
(2) A description of actions necessary to enable the
transfer of Air Force property on Hill Air Force Base to the
Utah Department of Transportation, including--
(A) the demolition of facilities;
(B) the construction or renovation of facilities;
(C) the environmental remediation required;
(D) funding programmed to facilitate the transfer of the
property to the Utah Department of Transportation; and
(E) any constraints to the execution of the transfer of the
property by 2022.
______
SA 2730. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1034 and insert the following:
SEC. 1034. SENSE OF CONGRESS ON THE BASING OF KC-46A AIRCRAFT
OUTSIDE THE CONTINENTAL UNITED STATES.
(a) Findings.--Congress finds that--
(1) the Department of Defense is continuing its process of
permanently stationing KC-46A aircraft at installations in
the continental United States (CONUS) and forward-basing
outside the continental United States (CONUS);
(2) air refueling capability is a critical component of
logistical capacity, and the Air National Guard fulfills the
majority of air refueling requirements;
(3) section 144 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) required the
Secretary of Defense to carry out a mobility capability and
requirements study that includes an assessment of the air
refueling tanker aircraft military requirement; and
(4) upon completion of the study, it would beneficial to
know how the Air Force will support the requirements for
force structure and strategic laydown of aircraft necessary
to implement the study.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force, as part of the strategic
basing process for KC-46A aircraft, should continue to place
emphasis on and consider the benefits derived from locations
outside the continental United States that--
(1) support day-to-day air refueling operations, operations
plans of the combatant commands, and flexibility for
contingency operations, and have--
(A) a strategic location that is essential to the defense
of the United States and its interests;
(B) receivers for boom or probe-and-drogue training
opportunities with joint and international partners; and
(C) sufficient airfield and airspace availability and
capacity to meet requirements; and
(2) possess facilities that--
(A) take full advantage of existing infrastructure to
provide--
(i) runway, hangars, and aircrew and maintenance
operations; and
(ii) sufficient fuels receipt, storage, and distribution
capacities for a 5-day peacetime operations stock; and
(B) minimize overall construction and operational costs.
(c) Briefing on Air Refueling Capabilities.--Not later than
March 1, 2019, the Secretary of the Air Force shall provide
in coordination with the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services
of the Senate a briefing for Congress on how the Air Force
will support the requirements for aerial refueling,
including--
(1) the current and future laydown plans for air refueling
locations;
(2) an overview of air refueling operations per air
refueling wing locations to include the number of sortie
requests, the number of sorties fulfilled, and the locations
or missions the sorties supported;
(3) fully mission capable and aircraft availability rates
for all air refueling wings over the past 5 years;
(4) an assessment of how the Air National Guard force
structure, across all States and territories, can be
leveraged to support current and emerging air refueling
requirements;
(5) a description of the long-term plan to maintain
adequate refueling capability to meet current and emerging
requirements;
(6) a review of manpower levels across the air refueling
force, an identification of current and projected skill set
gaps, and recommendations on how to address these gaps; and
(7) an overview of how the Air Force will determine the
disposition of KC-135 aircraft as they are replaced by the
arrival of KC-46 aircraft.
[[Page S3708]]
______
SA 2731. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. 1037. ANNUAL REPORTS ON MIDAIR REFUELING OPERATIONS
CONDUCTED BY THE UNITED STATES FOR AIRCRAFT OF
FOREIGN MILITARY FORCES.
(a) Reports Required.--Not later than one year after the
date of the enactment of this Act, and every year thereafter,
the Director of the Defense Logistics Agency shall, in
coordination with the heads of other appropriate departments,
agencies, and elements of the United States Government,
submit to Congress on a report on the midair refueling
operations conducted by the United States for aircraft of
foreign military forces during the one-period ending on the
date of such report.
(b) Required Information.--Each report under subsection (a)
shall include, for the period covered by such report, the
following:
(1) A list of each foreign country whose military aircraft
were provided midair refueling by the United States.
(2) For each country listed pursuant to paragraph (1), a
list of each type of military aircraft of such country
provided midair refueling.
(3) For each type of military aircraft of a country listed
pursuant to paragraph (2)--
(A) the aggregate number of gallons of aircraft fuel
provided; and
(B) the total number of sorties of United States aircraft
involved in the provision of such fuel.
______
SA 2732. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. . CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.
(a) In General.--Chapter 5 of title I of the Trade Act of
1974 (19 U.S.C. 2191 et seq.) is amended by adding at the end
the following:
``SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS.
``(a) Unilateral Trade Action Defined.--
``(1) In general.--In this section, the term `unilateral
trade action' means any of the following actions taken with
respect to the importation of an article pursuant to a
provision of law specified in paragraph (2):
``(A) A prohibition on importation of the article.
``(B) The imposition of or an increase in a duty applicable
to the article.
``(C) The imposition or tightening of a tariff-rate quota
applicable to the article.
``(D) The imposition or tightening of a quantitative
restriction on the importation of the article.
``(E) The suspension, withdrawal, or prevention of the
application of trade agreement concessions with respect to
the article.
``(F) Any other restriction on importation of the article.
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are the following:
``(A) Section 122.
``(B) Title III.
``(C) Sections 406, 421, and 422.
``(D) Section 338 of the Tariff Act of 1930 (19 U.S.C.
1338).
``(E) Section 232 of the Trade Expansion Act of 1962 (19
U.S.C. 1862).
``(F) Section 103(a) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C.
4202(a)).
``(G) The Trading with the Enemy Act (50 U.S.C. 4301 et
seq.).
``(H) The International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
``(I) Any provision of law enacted to implement a trade
agreement to which the United States is a party.
``(3) Exception for technical corrections to harmonized
tariff schedule.--A technical correction to the Harmonized
Tariff Schedule of the United States shall not be considered
a unilateral trade action for purposes of this section.
``(b) Congressional Approval Required.--Except as provided
by subsection (d), a unilateral trade action may not take
effect unless--
``(1) the President submits to Congress and to the
Comptroller General of the United States a report that
includes--
``(A) a description of the proposed unilateral trade
action;
``(B) the proposed effective period for the action;
``(C) an analysis of the action, including whether the
action is in the national economic interest of the United
States;
``(D) an assessment of the potential effect of retaliation
from trading partners affected by the action; and
``(E) a list of articles that will be affected by the
action by subheading number of the Harmonized Tariff Schedule
of the United States; and
``(2) a joint resolution of approval is enacted pursuant to
subsection (e).
``(c) Report of Comptroller General.--Not later than 15
days after the submission of the report required by
subsection (b)(1) with respect to a proposed unilateral trade
action, the Comptroller General shall submit to Congress a
report on the proposed action that includes an assessment of
the compliance of the President with the provision of law
specified in subsection (a)(2) pursuant to which the action
would be taken.
``(d) Temporary Authority.--Notwithstanding any other
provision of this section, a unilateral trade action may take
effect for one 90-calendar-day period (without renewal) if
the President--
``(1) determines that is necessary for the unilateral trade
action to take effect because the action is--
``(A) necessary because of a national emergency;
``(B) necessary because of an imminent threat to health or
safety;
``(C) necessary for the enforcement of criminal laws; or
``(D) necessary for national security; and
``(2) submits written notice of the determination to
Congress.
``(e) Procedures for Joint Resolution.--
``(1) Joint resolution defined.--For purposes of this
subsection, the term `joint resolution' means only a joint
resolution of either House of Congress, the matter after the
resolving clause of which is as follows: `That Congress
approves the action proposed by the President under section
155(b) of the Trade Act of 1974 in the report submitted to
Congress under that section on _______.', with the blank
space being filled with the appropriate date.
``(2) Introduction.--After a House of Congress receives a
report under subsection (b)(1) with respect to a unilateral
trade action, the majority leader of that House (or his or
her respective designee) shall introduce (by request, if
appropriate) a joint resolution--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) Application of section 152.--The provisions of
subsections (b) through (f) of section 152 shall apply to a
joint resolution under this subsection to the same extent
those provisions apply to a resolution under section 152.
``(f) Report by the United States International Trade
Commission.--Not later than 12 months after the date of a
unilateral trade action taken pursuant to this section, the
United States International Trade Commission shall submit to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report on
the effects of the action on the United States economy,
including a comprehensive assessment of the economic effects
of the action on producers and consumers in the United
States.''.
(b) Clerical Amendment.--The table of contents for the
Trade Act of 1974 is amended by inserting after the item
relating to section 154 the following:
``Sec. 155. Congressional review of unilateral trade actions.''.
(c) Conforming Amendments.--
(1) Balance-of-payments authority.--Section 122 of the
Trade Act of 1974 (19 U.S.C. 2132) is amended--
(A) in subsection (a), in the flush text following
paragraph (3), by inserting ``and subject to approval under
section 155'' after ``Congress)'';
(B) in subsection (c), in the flush text following
paragraph (2), by inserting ``and subject to approval under
section 155'' after ``Congress)''; and
(C) in subsection (g), by inserting ``and subject to
approval under section 155'' after ``of this section''.
(2) Rules of house and senate.--Section 151(a) of the Trade
Act of 1974 (19 U.S.C. 2191(a)) is amended--
(A) in the matter preceding paragraph (1), by striking
``and 153'' and inserting ``, 153, and 155''; and
(B) in paragraph (1), by striking ``and 153(a)'' and
inserting ``, 153(a), and 155(e)''.
(3) Enforcement of rights under trade agreements.--Title
III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is
amended--
(A) in section 301--
(i) in subsection (a), in the flush text, by inserting ``to
approval under section 155 and'' after ``subsection (c),
subject''; and
(ii) in subsection (b)(2), by inserting ``to approval under
section 155 and'' after ``subsection (c), subject'';
(B) in section 305(a)(1), by inserting ``to approval under
section 155 and'' after ``section 301, subject''; and
(C) in section 307(a)(1), in the matter preceding
subparagraph (A), by inserting ``to approval under section
155 and'' after ``any action, subject''.
(4) Market disruption.--Section 406 of the Trade Act of
1974 (19 U.S.C. 2436) is amended--
[[Page S3709]]
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``With respect to'' and inserting ``Subject
to approval under section 155, with respect to''; and
(B) in subsection (c), in the second sentence, by striking
``If the President'' and inserting ``Subject to approval
under section 155, if the President''.
(5) Action to address market disruption.--Section 421 of
the Trade Act of 1974 (19 U.S.C. 2451) is amended--
(A) in subsection (a), by inserting ``and subject to
approval under section 155'' after ``of this section'';
(B) in subsection (i)(4)(A), by inserting ``, subject to
approval under section 155,'' after ``provisional relief
and'';
(C) in subsection (k)(1), by striking ``Within 15 days''
and inserting ``Subject to section 155, within 15 days'';
(D) by striking subsection (m) and by redesignating
subsections (n) and (o) as subsections (m) and (n),
respectively;
(E) in subsection (m), as redesignated by subparagraph
(D)--
(i) in paragraph (1), by striking ``subsection (m)'' and
inserting ``this section''; and
(ii) in paragraph (2), by inserting ``and subject to
approval under section 155'' after ``paragraph (1)''; and
(F) in paragraph (3) of subsection (n), as redesignated by
subparagraph (D), by striking ``subsection (m)'' and
inserting ``this section''.
(6) Action in response to trade diversion.--Section 422(h)
of the Trade Act of 1974 (19 U.S.C. 2451a(h)) is amended by
striking ``Within 20 days'' and inserting ``Subject to
approval under section 155, within 20 days''.
(7) Discrimination by foreign countries.--Section 338 of
the Tariff Act of 1930 (19 U.S.C. 1338) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, subject to approval under section 155
of the Trade Act of 1974,'' after ``by proclamation'';
(B) in subsection (b), by inserting ``subject to approval
under section 155 of the Trade Act of 1974 and'' after
``hereby authorized,'';
(C) in subsection (c), by striking ``Any proclamation'' and
inserting ``Subject to approval under section 155 of the
Trade Act of 1974, any proclamation'';
(D) in subsection (d), by inserting ``subject to approval
under section 155 of the Trade Act of 1974 and'' after ``he
shall,''; and
(E) in subsection (e), by inserting ``subject to approval
under section 155 of the Trade Act of 1974 and'' after ``he
shall,''.
(8) Safeguarding national security.--Section 232(c)(1)(B)
of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(1)(B))
is amended by inserting ``, subject to approval under section
155 of the Trade Act of 1974,'' after ``shall''.
(9) Bipartisan congressional trade priorities and
accountability act of 2015.--Section 103(a) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4202(a)) is amended--
(A) in paragraph (1)(B), by inserting ``and approval under
section 155 of the Trade Act of 1974'' after ``paragraphs (2)
and (3)''; and
(B) in paragraph (7), by inserting ``and approval under
section 155 of the Trade Act of 1974'' after ``3524)''.
(10) International emergency economic powers act.--Section
203(a)(1)(B) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(a)(1)(B)) is amended by inserting
``(subject to section 155 of the Trade Act of 1974)'' after
``importation''.
(11) Trading with the enemy act.--Section 11 of the Trading
with the Enemy Act (50 U.S.C. 4311) is amended by striking
``Whenever'' and inserting ``Subject to approval under
section 155 of the Trade Act of 1974, whenever''.
(12) Free trade agreement implementing bills.--
(A) North american free trade agreement implementation
act.--Section 201 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3331) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``and the consultation and
layover requirements of section 103(a)'' and inserting ``,
the consultation and layover requirements of section 103(a),
and approval under section 155 of the Trade Act of 1974,''.
(B) Uruguay round agreements act.--Section 111 of the
Uruguay Round Agreements Act (19 U.S.C. 3521) is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by inserting ``and subject to approval under section 155
of the Trade Act of 1974'' after ``2902)'';
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 115'';
(iii) in subsection (c)(1)(A), in the flush text at the
end, by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''; and
(iv) in subsection (e)(1), in the matter preceding
subparagraph (A), by inserting ``and approval under section
155 of the Trade Act of 1974'' after ``section 115''.
(C) United states-israel free trade area implementation
act of 1985.--Section 4 of the United States-Israel Free
Trade Area Implementation Act of 1985 (Public Law 99-47; 19
U.S.C. 2112 note) is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by inserting ``and subject to approval under section 155
of the Trade Act of 1974'' after ``subsection (c)''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and subject to approval under section 155
of the Trade Act of 1974'' after ``subsection (c)''.
(D) United states-jordan free trade area implementation
act.--Section 101 of the United States-Jordan Free Trade Area
Implementation Act (Public Law 107-43; 19 U.S.C. 2112 note)
is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''.
(E) Dominican republic-central america-united states free
trade agreement implementation act.--Section 201 of the
Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act (19 U.S.C. 4031) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(F) United states-chile free trade agreement implementation
act.--Section 201 of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108-77; 19 U.S.C.
3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 103(a)''.
(G) United states-singapore free trade agreement
implementation act.--Section 201 of the United States-
Singapore Free Trade Agreement Implementation Act (Public Law
108-78; 19 U.S.C. 3805 note) is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 103(a)''.
(H) United states-australia free trade agreement
implementation act.--Section 201 of the United States-
Australia Free Trade Agreement Implementation Act (Public Law
108-286; 19 U.S.C. 3805 note) is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(I) United states-morocco free trade agreement
implementation act.--Section 201 of the United States-Morocco
Free Trade Agreement Implementation Act (Public Law 108-302;
19 U.S.C. 3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(J) United states-bahrain free trade agreement
implementation act.--Section 201 of the United States-Bahrain
Free Trade Agreement Implementation Act (Public Law 109-169;
19 U.S.C. 3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(K) United states-oman free trade agreement implementation
act.--Section 201 of the United States-Oman Free Trade
Agreement Implementation Act (Public Law 109-283; 19 U.S.C.
3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(L) United states-peru trade promotion agreement
implementation act.--Section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (Public Law 110-
138; 19 U.S.C. 3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval
[[Page S3710]]
under section 155 of the Trade Act of 1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(M) United states-korea free trade agreement implementation
act.--Section 201 of the United States-Korea Free Trade
Agreement Implementation Act (Public Law 112-41; 19 U.S.C.
3805 note) is amended--
(i) in subsection (a), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``may, subject to
approval under section 155 of the Trade Act of 1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(N) United states-colombia trade promotion agreement
implementation act.--Section 201 of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public
Law 112-42; 19 U.S.C. 3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
(O) United states-panama trade promotion agreement
implementation act.--Section 201 of the United States-Panama
Trade Promotion Agreement Implementation Act (Public Law 112-
43; 19 U.S.C. 3805 note) is amended--
(i) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``may'' and inserting ``may,
subject to approval under section 155 of the Trade Act of
1974,''; and
(ii) in subsection (b), in the matter preceding paragraph
(1), by inserting ``and approval under section 155 of the
Trade Act of 1974'' after ``section 104''.
______
SA 2733. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title V, add the following:
SEC. 525. PLAN TO MEET DEMAND FOR CYBERSPACE CAREER FIELDS IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth a plan for meeting
the increased demand for cyberspace career fields in the
reserve components of the Armed Forces.
(b) Elements.--The plan shall take into account the
following:
(1) The availability of qualified local workforces.
(2) Potential best practices of private sector companies
involved in cyberspace and of educational institutions with
established cyberspace-related academic programs.
(3) The potential for Total Force Integration throughout
the defense cyber community.
(4) Recruitment strategies to attract individuals with
critical cyber training and skills to join the reserve
components.
(c) Metrics.--The plan shall include appropriate metrics
for use in the evaluation of the implementation of the plan.
______
SA 2734. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT ON PERMANENT STATIONING OF UNITED STATES
FORCES IN THE REPUBLIC OF POLAND OR OTHER
LOCATION IN CENTRAL OR EASTERN EUROPE.
(a) In General.--Not later than March 1, 2019, the
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees a
report on the feasibility and advisability of permanently
stationing United States forces in the Republic of Poland or
other location in Central or Eastern Europe.
(b) Element.--The report required by subsection (a) shall
include an assessment of the feasibility and advisability of
permanently stationing a United States Army corps-level
command element in the Republic of Poland or other location
in Central or Eastern Europe that includes the following:
(1) An assessment whether a permanently stationed United
States Army corps command element would enhance deterrence
against Russian aggression in Eastern Europe.
(2) A description of the added operational planning and
warfighting capability that permanently stationing a corps
headquarters element in the Republic of Poland or other
location in Central or Eastern Europe would provide to United
States European Command, the United States Army Europe, and
the North Atlantic Treaty Organization.
(3) An assessment of the actions the Russian Federation may
take in response to a United States decision to permanently
station a corps headquarters in the Republic of Poland or
other location in Central or Eastern Europe.
(4) An assessment of the international political
considerations, including within the North Atlantic Treaty
Organization, of permanently stationing a corps headquarters
in the Republic of Poland or other location in Central or
Eastern Europe.
(5) A description and assessment of the manner in which
permanently establishing a corps headquarters in the Republic
of Poland or other location in Central or Eastern Europe
would affect the ability of the Joint Force to carry out
North Atlantic Treaty Organization treaty obligations and
enhance coordination of operations and plans with North
Atlantic Treaty Organization allies.
(6) A description and assessment of the manner in which
permanently establishing a corps headquarters in the Republic
of Poland or other location in Central or Eastern Europe
would affect the ability of the Joint Force to execute
Department of Defense contingency plans in Europe.
(7) An assessment of whether such a corps headquarters in
Poland or other location in Central or Eastern Europe would
support implementation of the National Defense Strategy.
(8) An identification and assessment of--
(A) potential locations in the Republic of Poland or
Central or Eastern Europe for stationing such a corps
headquarters element;
(B) infrastructure investments that would be required by
the United States and the Republic of Poland, or the
government of the applicable country in Central or Eastern
Europe, to support permanently stationing a corps
headquarters in the Republic of Poland or other location in
Central or Eastern Europe;
(C) any new agreements, or modifications to agreements,
between the United States, the Republic of Poland or the
government of the applicable country in Central or Easter
Europe, and the North Atlantic Treaty Organization that would
be required;
(D) the logistics requirements that would be required to
support stationing a corps headquarters in the Republic of
Poland or other location in Central or Eastern Europe; and
(E) an assessment of the willingness and ability of the
Government of the Republic of Poland, or the government of
the applicable country in Central or Eastern Europe, to
provide host nation support.
______
SA 2735. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. ___. REPORT ON CONTINUED PROGRESS AT DEPARTMENT OF
VETERANS AFFAIRS WEST LOST ANGELES CAMPUS.
Section 2(h)(1) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) by striking ``the Secretary certifies'' and inserting
``the date that is 30 days after the date on which the
Secretary submits''; and
(2) by striking ``that all recommendations included in the
audit report or evaluation have been implemented'' and
inserting ``a plan for addressing each recommendation
included in the audit report or evaluation''.
______
SA 2736. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XVII, add the following:
[[Page S3711]]
SEC. 1734. DETERMINATIONS OF ITEMS ESSENTIAL TO NATIONAL
DEFENSE UNDER DEFENSE PRODUCTION ACT OF 1950.
Section 303(a)(5) of the Defense Production Act of 1950 (50
U.S.C. 4533(a)(5)) is amended, in the matter preceding
subparagraph (A), by striking ``, on a non-delegable basis,''
and inserting ``or the Secretary of Defense''.
______
SA 2737. Mr. CASEY (for himself and Mr. Toomey) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 105 of the amendment, beginning on line 11, strike
``The study and assessment performed pursuant to this
section'' and insert ``The study and assessment performed
pursuant to this subsection and subsection (b),
respectively,''.
______
SA 2738. Mr. CASEY (for himself, Ms. Cantwell, and Mr. Bennet)
submitted an amendment intended to be proposed to amendment SA 2282
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be
proposed to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
In the funding table in section 4301, in the item relating
to Environmental Restoration, Navy, strike the amount in the
Senate Authorized column and insert ``$339,253''.
In the funding table in section 4301, in the item relating
to Subtotal Environmental Restoration, Navy, strike the
amount in the Senate Authorized column and insert
``$339,253''.
In the funding table in section 4301, in the item relating
to Environmental Restoration, Air Force, strike the amount in
the Senate Authorized column and insert ``$335,808''.
In the funding table in section 4301, in the item relating
to Subtotal Environmental Restoration, Air Force, strike the
amount in the Senate Authorized column and insert
``$335,808''.
In the funding table in section 4301, in the item relating
to Total Miscellaneous Appropriations, strike the amount in
the Senate Authorized column and insert ``1,957,347''.
In the funding table in section 4301, in the item relating
to Total Operation & Maintenance, strike the amount in the
Senate Authorized column and insert ``200,411,316''.
______
SA 2739. Mr. PERDUE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORTS ON AID TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than December 31, 2018, and
every December 31 thereafter, the President shall submit to
Congress a report on spending by Federal agencies and
departments relating to amounts--
(1) given by any Federal agency directly to the Government
of the People's Republic of China or a provincial or local
government of the People's Republic of China;
(2) spent directly by Federal agencies to fund programs
associated with the aid to the Government of the People's
Republic of China or a provincial or local government of the
People's Republic of China; and
(3) spent by any Federal agency to fund programs that
indirectly aid the Government of the People's Republic of
China or a provincial or local government of the People's
Republic of China.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The amounts spent by each Federal agency by program and
funding stream.
(2) An accounting of the use of funds by the People's
Republic of China by program.
(3) A description of the mechanisms for tracking the use of
funds by the People's Republic of China.
(4) A description of the history of the programs and
initiatives funded by such funds.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
______
SA 2740. Mr. CORNYN (for himself and Mr. Gardner) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 112. REPORT ON BENEFITS OF MULTIYEAR PROCUREMENT
AUTHORITY FOR ARMY BRIGADE COMBAT TEAM
PLATFORMS (ABCT).
(a) Findings.--The Senate finds the following:
(1) There have been concerns with the Army's strategy and
timeline to modernize its Armored Brigade Combat Teams
(referred to in this section as the ``ABCT''). These concerns
include the modernization rate of ABCT combat vehicle
platforms, such as Bradley and Abrams, being too slow and not
keeping pace with modernization efforts of peer competitors.
As a result, the Committee on Armed Services of the Senate
took action in the National Defense Authorization Act for
FY2018 (Public Law 115-91) to increase modernization to a
rate of approximately 1.5 brigades per year for certain
platforms.
(2) The Army's budget request for fiscal year 2019 is
encouraging and builds on the previous year's momentum by
proposing continued modernization at a rate of approximately
1.5 brigades per year. Given this increased investment for
ABCT modernization, the Army should examine the cost benefits
of using multiyear procurement contracts for all ABCT
platforms.
(3) The Senate supports the Army's plan to pursue a Next
Generation Combat Vehicle (referred to in this section as the
``NGCV'') and encourages further acceleration of the NGCV
development effort. With an accelerated program timeline,
significant time is required to successfully develop, test,
build, and fully field a new NGCV vehicle. As a result, the
Senate supports the Army's decision to pursue the Bradley A4
upgrade program as a bridge to NGCV.
(4) Section 809 of the National Defense Authorization Act
for FY2016 (Public Law 114-92) established the Advisory Panel
on Streamlining and Codifying Acquisition Regulations in
order to advise Congress on ways to improve the Department of
Defense's acquisition processes. In its May 2017 Interim
Report, the panel concluded, ``If the Army acquired [ABCT]
vehicles at the rate of two brigades annually, however, the
production efficiencies would save approximately $11 billion
during the life of the program.''.
(b) Report Required.--Not later than December 1, 2018, the
Secretary of the Army shall submit to the congressional
defense committees a report on the benefits of multiyear
procurement contracts for all Army Brigade Combat Team (ABCT)
platforms, including a detailed cost-benefit analysis and an
examination of the costs and benefits of further increasing
modernization to two brigades per year.
______
SA 2741. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
appropriate place, insert the following:
SEC. ___. PRODUCTION OF ADVANCED LOW COST MUNITION ORDNANCE.
(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Defense shall take all necessary
measures to achieve low rate of initial production for the
Advanced Low Cost Munition Ordnance (ALaMO), a guided 57 mm
projectile, with fire-and-forget capability that requires no
Littoral Combat Ship fire control system changes, to counter
the growing threats posed by small boat swarms, unmanned
aerial systems, and other emerging threats.
(b) Funding.--Of the amounts authorized to be appropriated
by this act or otherwise made available for fiscal year 2019
for the Navy for Procurement of Ammo, $34,000,000 shall be
available for the procurement of the Advanced Low Cost
Munition Ordnance (ALaMO).
______
SA 2742. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for
[[Page S3712]]
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2806. REPAIR OF FACILITIES.
Section 2811 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Report Required.--When a decision is made to carry
out a repair project under this section, the Secretary
concerned shall submit to the appropriate committees of
Congress a report containing--
``(1) the justification for the repair project for which
the notification is specified and warranted, the current
estimate of the cost of the project, including, in the case
of a multi-year repair project to a single facility, the
total cost of all phases of the project, and any operation
and maintenance, research, development, test and evaluation,
or military construction funding expended or previously
obligated for the same purpose;
``(2) an explanation of the reasons why replacement of the
facility is not in the best interest of the Government; and
``(3) a description of the elements of military
construction, including the elements specified in section
2802(b) of this title, incorporated into the repair project.
``(f) Determination of Total Project Cost.--In determining
the total cost of a repair project, the Secretary concerned
shall include all phases of a multi-year repair project to a
single facility to include previous operation and
maintenance, research, development, test and evaluation, and
military construction funding.''.
______
SA 2743. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2806. REPAIR OF FACILITIES.
(a) Findings.--Congress makes the following findings:
(1) Little Rock Air Force Base provides a unique and
crucial capability, serving as the nation's tactical airlift
``Center of Excellence.'' The continued successful operation
of Little Rock Air Force Base is contingent on having a fully
operational runway. Little Rock Air Force Base has been
pursuing a facilities, restoration and modernization project
to achieve critical runway repairs. Previously provided
reports and notifications to Congress, as required by section
2811 of title 10, United States Code, have yielded
conflicting and inconsistent information.
(2) Facilities sustainment, restoration and modernization
(FSRM) needs across the Department of Defense have continued
to increase in the absence of traditional military
construction resources.
(3) Facilities sustainment, restoration and modernization
projects continue to support the full function and
operability of military installations nationwide.
(b) Notification Requirements.--Section 2811 of title 10,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Advance Notification Required.--A repair project
under this section may not be carried out unless approved in
advance by the Secretary concerned and fourteen days have
passed since submission of the report required under
subsection (d).''.
______
SA 2744. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 2823. LAND CONVEYANCE, CAMP JOSEPH T. ROBINSON,
ARKANSAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Arkansas Department of
Veterans Affairs (in this section referred to as ``ADVA''),
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
consisting of approximately 141 acres located adjacent to
Camp Joseph T. Robinson, Arkansas for the purpose of
providing long term expansion of the veteran cemetery, for
the over 250,000 veterans in the State. The conveyance under
this subsection is subject to valid existing rights.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in subsection (a), all right, title, and
interest in and to such real property, including any
improvements thereto, shall, at the option of the Secretary,
revert to and become the property of the United States, and
the United States shall have the right of immediate entry
onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require that ADVA
cover all costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under this section, including
survey costs, costs for environmental documentation, and any
other administrative costs related to the conveyance. If
amounts are collected from ADVA in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
ADVA.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. 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.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
______
SA 2745. Mr. BOOZMAN (for himself and Mrs. Capito) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 558. REPORT ON EVALUATION AND OVERSIGHT OF THE SENIOR
RESERVE OFFICERS' TRAINING CORPS PROGRAMS.
(a) In General.--Not later than 180 days after the date of
the enactment of the Act, the Secretary of Defense shall, in
coordination with the Secretaries of the military
departments, submit to Congress a report on the manner in
which the Department of Defense intends--
(1) to improve the oversight and accountability of the
Senior Reserve Officers' Training Corps (ROTC) programs; and
(2) to ensure that the Secretary of Defense, the Armed
Forces, and Congress have a comprehensive understanding
whether particular programs are achieving desired results
before decisions to close or terminate such programs are
undertaken.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of--
(A) existing Department of Defense processes to evaluate
the performance of the Senior Reserve Officers' Training
Corps programs;
(B) the clarity of goals and objectives for the Senior
Reserve Officers' Training Corps programs;
(C) the frequency of evaluation of the Senior Reserve
Officers' Training Corps programs;
(D) the adequacy of the oversight roles and
responsibilities outlined in Department of Defense
Instruction Number 1215.08, dated June 26, 2006; and
(E) the efforts undertaken by the Armed Forces to
effectively communicate evaluations of the performance of the
Senior Reserve Officers' Training Corps programs to Congress
and other key stakeholders before decisions to close or
terminate particular programs are undertaken.
(2) A description of--
(A) the strategic goals and objectives of the Senior
Reserve Officers' Training Corps programs;
(B) officer output requirements under the Senior Reserve
Officers' Training Corps programs, set forth by institution
of higher education concerned;
(C) attrition rates under the Senior Reserve Officers'
Training Corps programs, set
[[Page S3713]]
forth by institution of higher education concerned;
(D) the characteristics of quality officers graduating from
Senior Reserve Officers' Training Corps programs; and
(E) the current timeline for any anticipated closure or
termination of a Senior Reserve Officers' Training Corps
program.
(3) A detailed plan for--
(A) improving the oversight and accountability of the
Senior Reserve Officers' Training Corps programs; and
(B) ensuring the Secretary of Defense, the Armed Forces,
and Congress have a comprehensive understanding whether
particular Senior Reserve Officers' Training Corps programs
are achieving desired results before decisions to close or
terminate such programs are undertaken.
______
SA 2746. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of part I of subtitle C of title XVI, add the
following:
SEC. ___. REPORT ON USING THE CYBER SKILLS VALIDATION COURSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretaries of each of
the military departments shall each submit to the
congressional defense committees a report on the feasibility
and advisability of using the Cyber Skills Validation Course
for training members of the cyber forces of the National
Guard.
(b) Contents.--Each report submitted under subsection (a)
shall include the following:
(1) A comparison of the current timeline and per-person
cost for all training required for licensure or accreditation
versus a prospective cost and timeline using the Cyber Skills
Validation Course.
(2) Details on current training curriculum, training course
throughput expectations, manpower and infrastructure plans to
complete cyber training, and effects on cyber readiness
within the military departments.
______
SA 2747. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 144. PROCUREMENT OF REPLACEMENT WINGS FOR A-10
THUNDERHOG STORM PENETRATING AIRCRAFT OF
NATIONAL SCIENCE FOUNDATION IN CONJUNCTION WITH
AIR FORCE PROCUREMENT OF REPLACEMENT WINGS FOR
A-10 TACTICAL AIRCRAFT OF THE AIR FORCE.
(a) Procurement Required.--In carrying out the Air Force
procurement program for replacement wings for A-10 tactical
aircraft of the Air Force, the Secretary of the Air Force
shall also procure such number of replacement wings for A-10
Thunderhog Storm Penetrating Aircraft (SPA) of the National
Science Foundation as the Director of the National Science
Foundation shall specify.
(b) Responsibility for Cost.--The cost of any replacement
wing for an A-10 Thunderhog Storm Penetrating Aircraft
procured for the National Science Foundation pursuant to
subsection (a) shall be borne by the National Science
Foundation.
______
SA 2748. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
In section 1702(b), strike paragraphs (2) through (5) and
insert the following:
(2) the potential national security-related effects of the
cumulative market share of or a pattern of recent
transactions in any one type of infrastructure, energy asset,
critical material, critical technology, or media or
entertainment platform by foreign persons;
(3) whether any foreign person that would acquire an
interest in a United States business or its assets as a
result of a transaction has a history of complying with
United States laws and regulations;
(4) the extent to which a transaction is likely to expose,
either directly or indirectly, personally identifiable
information, genetic information, or other sensitive data of
United States citizens to access by a foreign government or
foreign person that may exploit that information in a manner
that threatens national security; and
(5) whether a transaction is likely to have the effect of
exacerbating or creating new cybersecurity vulnerabilities in
the United States or is likely to result in a foreign
government gaining a significant new capability to engage in
malicious cyber-enabled activities against the United States,
to undermine media freedoms, or to facilitate the employment
of foreign disinformation, propaganda campaigns, or influence
operations against the United States, including such
activities designed to affect the outcome of any election for
Federal office.
(c) Report on Transactions With Censorship Implications.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Committee on Foreign
Investment in the United States shall submit to Congress a
report on investments by foreign persons in the entertainment
and information sectors of the United States that includes an
analysis of the extent to which such investments have
resulted in or could result in direct or indirect censorship,
including self-censorship, within the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(d) Report on Efforts to Coordinate Screening of Sensitive
Investments With Allies.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of State shall, in
coordination with the Committee on Foreign Investment in the
United States, submit to Congress a report on ongoing efforts
of the United States to assist countries that are members of
the North Atlantic Treaty Organization or the European Union
in the development and synchronization of best practices,
standards, and processes to screen investments by countries
of special concern in critical technology or critical
infrastructure that would affect national security interests
shared by the United States and such member countries.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(3) Definitions.--In this subsection, the terms ``country
of special concern'', ``critical technology'', and ``critical
infrastructure'' have the meanings given those terms in
section 721(a) of the Defense Production Act of 1950, as
amended by section 1703.
______
SA 2749. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2838. AUTHORITY FOR LEASING REAL PROPERTY AT NAVAL AIR
STATION KEY WEST, FLORIDA.
(a) Authority.--The Secretary of the Navy may lease
approximately 19 acres at Naval Air Station (NAS) Key West,
Florida, for the purpose of constructing, operating,
improving, and maintaining housing upon such terms and
conditions as the Secretary considers will promote the
national defense or to be in the public interest.
(b) Conditions.--A lease under subsection (a)--
(1) may not be for more than 50 years, unless the Secretary
determines that a lease for a longer period is necessary to
meet the purpose of the lease identified in subsection (a);
(2) may give the lessee the first right to buy the property
if the lease is revoked to allow the United States to sell or
transfer the property under any other provision of law;
(3) may authorize the lessee to construct facilities on the
property and to demolish or alter existing facilities;
(4) may be for cash, or in-kind consideration as set forth
in subsection (c);
(5) may not provide for a leaseback by the Secretary or
otherwise commit the Secretary or the Department of the Navy
to any payment with respect to the property; and
(6) may allow for reduced rents for qualified civilian
employees of the United States Government as determined by
the Secretary, as set forth in subsection (c).
(c) In-kind Consideration.--In-kind consideration will be
acceptable as partial or total consideration for the lease
and may be provided in the form of reduced rents or any other
form of in-kind consideration acceptable under section 2667
of title 10, United
[[Page S3714]]
States Code. The value of reduced rents as in-kind
consideration shall be based on the difference between the
market rent of a housing unit constructed by the lessee on
the leased premises and the reduced rent offered by the
lessee to a qualified civilian employee as determined by the
Secretary.
(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) 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.
(f) Inapplicability of Section 2662 of Title 10.--The
authority under this section is specifically exempt from the
notice and wait process required by section 2662 of title 10,
United States Code.
(g) Inapplicability of Section 2696 of Title 10.--The
authority under this section is specifically exempt from the
screening process required by section 2696(b) of title 10,
United States Code.
(h) Rule of Construction.--Nothing in this section shall be
construed to violate section 5536 of title 5, United States
Code.
(i) Inapplicability of Title V of McKinney-Vento Homeless
Assistance Act.--The authority under this section is
specifically exempt from the screening process required by
title V of the McKinney-Vento Homeless Assistance Act of 1987
(42 U.S.C. 11411 et seq.).
(j) Inapplicability of Randolph-Sheppard Act.--The
authority under this section is specifically exempt from the
requirements of the Randolph-Sheppard Act (20 U.S.C. 107 et
seq).
______
SA 2750. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XXII, add the following:
SEC. 2205. IMPLEMENTATION OF FUTURE HOMEPORT DECISIONS BASED
ON STRATEGIC DISPERSAL OBJECTIVES IN 2018
STRATEGIC LAYDOWN.
Of the amount authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for the Navy
for operation and maintenance, $5,000,000 shall be available
to begin planning and design activities to implement future
homeport decisions based on strategic dispersal objectives in
the 2018 Strategic Laydown.
______
SA 2751. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title III, add the following:
SEC. 302. NAVY EXPERIMENTAL DIVE UNIT.
Of the amount authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for the Navy
for operation and maintenance, $5,000,000 shall be available
for the continued maintenance and use of the Navy Saturation
Fly Away Diving System (SATFADS).
______
SA 2752. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XVII, add the following:
SEC. 1734. FEDERAL FOREIGN INVESTMENT ADVISORY COMMISSION.
(a) Establishment.--There is established an advisory
commission to be known as the ``Federal Foreign Investment
Advisory Commission'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 12
members, of whom--
(A) three shall be appointed by the majority leader of the
Senate;
(B) three shall be appointed by the minority leader of the
Senate;
(C) three shall be appointed by the Speaker of the House of
Representatives; and
(D) three shall be appointed by the minority leader of the
House of Representatives.
(2) Expertise.--In making appointments under paragraph (1),
consideration shall be given to individuals with expertise in
national security, international trade, economic
competitiveness, emerging technologies, the health and
sustainability of the United States defense industrial base,
or critical infrastructure.
(3) Security clearances.--Members of the Commission shall
be issued, pending a security background investigation, an
appropriate-level security clearance for the purpose of
executing the duties of the Commission.
(4) Period of appointment.--
(A) Initial terms.--
(i) In general.--Members of the Commission shall be
appointed for initial terms on a staggered-term basis, so
that the majority leader and minority leader of the Senate
and the Speaker and minority leader of the House of
Representatives shall each select one appointee for an
initial three-year term, with all other appointments being
made for terms of two years each.
(ii) Commencement.--The initial terms referred to in clause
(i) shall commence on January 1, 2019.
(B) Subsequent appointments.--A member of the Commission
may be reappointed for additional terms of two years each.
(5) Vacancies.--Any vacancy on the Commission shall not
affect its powers, and shall be filled in the same manner as
the original appointment.
(c) Chairperson.--The President shall appoint a Chairperson
of the Commission from among the members of the Commission.
(d) Duties.--
(1) In general.--Not less frequently than annually, the
Commission shall--
(A) conduct a review on the effect of foreign investment on
the national and economic security of the United States; and
(B) submit to Congress a report on the review.
(2) Elements.--The review of the Commission required by
paragraph (1)(A) shall include consideration of--
(A) the economic and national security effects of--
(i) trends in foreign investment by economic sector;
(ii) foreign purchases of United States financial assets,
including government obligations, corporate equity, real
estate, and derivatives;
(iii) transactions subject to review by the Committee on
Foreign Investment in the United States;
(iv) greenfield investments by foreign entities, including
state-owned entities;
(v) joint ventures between United States and foreign
entities;
(vi) strategic goals identified by the governments of
foreign countries and supported by state-owned or state-
influenced foreign and sovereign wealth fund investments in
the United States;
(B) the health and sustainability of the United States
defense industrial base and United States manufacturing;
(C) the protection of critical infrastructure in the United
States; and
(D) the safety and security of United States financial
markets.
(e) Provision of Information From Committee on Foreign
Investment in the United States.--The Committee on Foreign
Investment in the United States shall provide the Commission
with timely access to information about reviews and
investigations conducted under section 721 of the Defense
Production Act of 1950, as amended by this title.
(f) Submission of Information to Congress.--The Commission
shall, in the discretion of the chairperson of the
Commission, share any economic and national security concerns
regarding reviews or investigations conducted by the
Committee on Foreign Investment in the United States under
section 721 of the Defense Production Act of 1950, as amended
by this title, with Congress as the chairperson considers
appropriate.
(g) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Commission Act (5 U.S.C. App.) shall not
apply with respect to the Commission.
______
SA 2753. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 633. AUTHORITY FOR CONSOLIDATION OR MERGER OF DEFENSE
COMMISSARY SYSTEM AND EXCHANGE SYSTEM.
(a) Authority for Consolidation or Merger.--
(1) In general.--Subchapter II of chapter 147 of title 10,
United States Code, is amended by adding at the end the
following new section:
[[Page S3715]]
``Sec. 2490. Defense commissary system and exchange stores
system: consolidation or merger
``(a) In General.--Notwithstanding any other provision of
this chapter or any other provision of law, the Secretary of
Defense may consolidate or otherwise merge, whether in whole
or in part, the operations or administration of the defense
commissary system and the exchange stores system if the
Secretary determines that the consolidation or merger will
reduce the overall cost of operations, administration, or
both of the defense commissary system, the exchange stores
system, or both systems.
``(b) Treatment of Authority.--This section constitutes
specific authority for the consolidation or merger of the
operations and administration of the defense commissary
system and the exchange stores system for purposes of section
2487(b) of this title and any other provision of law that
prohibits or limits the consolidation or merger of the
operations or administration of the systems.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 147 of such title is
amended by adding at the end the following new item:
``2490. Defense commissary system and exchange stores system:
consolidation or merger.''.
(b) Conforming Amendments.--Chapter 147 of title 10, United
States Code, is further amended as follows:
(1) In section 2481(a), by striking ``The Secretary of
Defense'' and inserting ``Except as provided in section 2490
of this title, the Secretary of Defense''.
(2) In section 2487(a)(1), by inserting ``and section 2490
of this title'' after ``Except as provided in paragraph
(2)''.
______
SA 2754. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. CRIMES TARGETING LAW ENFORCEMENT OFFICERS.
(a) In General.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 120. Crimes targeting law enforcement officers
``(a) In General.--Whoever, in any circumstance described
in subsection (b), knowingly causes bodily injury to any
person, or attempts to do so, because of the actual or
perceived status of the person as a law enforcement officer--
``(1) shall be imprisoned not more than 10 years, fined in
accordance with this title, or both; and
``(2) shall be imprisoned for any term of years or for
life, fined in accordance with this title, or both, if--
``(A) death results from the offense; or
``(B) the offense includes kidnapping or an attempt to
kidnap, or an attempt to kill.
``(b) Circumstances Described.--For purposes of subsection
(a), the circumstances described in this subparagraph are
that--
``(1) the conduct described in subsection (a) occurs during
the course of, or as the result of, the travel of the
defendant or the victim--
``(A) across a State line or national border; or
``(B) using a channel, facility, or instrumentality of
interstate or foreign commerce;
``(2) the defendant uses a channel, facility, or
instrumentality of interstate or foreign commerce in
connection with the conduct described in subsection (a);
``(3) in connection with the conduct described in
subsection (a), the defendant employs a firearm, dangerous
weapon, explosive or incendiary device, or other weapon that
has traveled in interstate or foreign commerce; or
``(4) the conduct described in subsection (a)--
``(A) interferes with commercial or other economic activity
in which the victim is engaged at the time of the conduct; or
``(B) otherwise affects interstate or foreign commerce.
``(c) Certification Requirement.--
``(1) In general.--No prosecution of any offense described
in this section may be undertaken by the United States,
except under the certification in writing of the Attorney
General, or a designee, that--
``(A) the State does not have jurisdiction;
``(B) the State has requested that the Federal Government
assume jurisdiction;
``(C) the verdict or sentence obtained pursuant to State
charges left demonstratively unvindicated the Federal
interest in protecting the public safety; or
``(D) a prosecution by the United States is in the public
interest and necessary to secure substantial justice.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal
officers, or a Federal grand jury, to investigate possible
violations of this section.
``(d) Guidelines.--All prosecutions conducted by the United
States under this section shall be undertaken pursuant to
guidelines issued by the Attorney General, or the designee of
the Attorney General, to be included in the United States
Attorneys' Manual that shall establish neutral and objective
criteria for determining whether a crime was committed
because of the actual or perceived status of any person.
``(e) Statute of Limitations.--
``(1) Offenses not resulting in death.--Except as provided
in paragraph (2), no person shall be prosecuted, tried, or
punished for any offense under this section unless the
indictment for such offense is found, or the information for
such offense is instituted, not later than 7 years after the
date on which the offense was committed.
``(2) Offenses resulting in death.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any time
without limitation.
``(f) Definitions.--In this section:
``(1) Law enforcement officer.--The term `law enforcement
officer' means an employee of a governmental or public agency
who is authorized by law--
``(A) to engage in or supervise the prevention, detention,
investigation, or the incarceration of any person for any
criminal violation of law; and
``(B) to apprehend or arrest a person for any criminal
violation of law.
``(2) State.--The term `State' includes the District of
Columbia, Puerto Rico, and any other territory or possession
of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``120. Crimes targeting law enforcement officers.''.
______
SA 2755. Mr. HATCH (for himself and Mr. Thune) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 323. REPORT ON DEPARTMENT OF DEFENSE USE OF AIRSPACE AND
ENVIRONMENTAL REVIEW.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration and the Secretary of Defense shall
provide a report documenting efforts made toward improving
processes to resolve persistent challenges for special use
airspace requests in support of, or associated with, short
notice testing requirements at Major Range and Test Facility
Bases, specifically, establishment of Temporary Military
Operations Areas used for conducting short term, scheduled
exercises.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) Analysis of previous efforts to streamline internal
processes associated with the designation of Temporary
Military Operations Areas at Major Range and Test Facility
Bases and for scheduled exercises.
(2) Analysis of progress made to ensure consistency of
environmental review, including impact analysis, associated
environmental studies, or consultation, while complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and other environmental requirements.
(3) Identification of challenges to creating common
National Environmental Policy Act Categorical Exclusions.
(4) A description of airspace requirements, current Test/
Training Space Needs Statements completed in the last 10
years, and future 5 year requirements, including all
Temporary Military Operating Areas, Special Use Airspaces,
Instrument Routes, Visual Routes, and unfulfilled user
requirements.
(5) Proposed options and solutions to overcome identified
challenges, including identifying whether--
(A) a solution or solutions can be incorporated within the
existing Federal Aviation Administration and Department of
Defense Memorandum of Understanding; or
(B) changes to current legislation are required.
(c) Definitions.--In this section:
(1) Major range and test facility base.--The term ``Major
Range and Test Facility Base'' has the meaning given the term
in section 196(i) of title 10, United States Code.
(2) Special use airspace.--The term ``special use
airspace'' means certain designations of airspace designated
by the Federal Aviation Administration, as administered by
the Secretary of the Air Force.
______
SA 2756. Mr. REED proposed an amendment to amendment SA 2700 proposed
by Mr. McConnell (for Mr. Toomey (for himself, Mr. Corker, Mr. Sasse,
Mr. Johnson, and Mr. Kennedy)) to the amendment SA 2282 proposed by Mr.
Inhofe (for himself and
[[Page S3716]]
Mr. McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; as follows:
At the end, add the following:
(c) Authorization by Congress.--Section 4209(a)(1) of the
Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)) is amended--
(1) by striking ``the Secretary shall'' and inserting the
following: ``the Secretary--
``(A) shall''; and
(2) by striking the period at the end and inserting ``;
and''; and
``(B) may carry out such activities only if amounts are
authorized to be appropriated for such activities by an Act
of Congress consistent with section 660 of the Department of
Energy Organization Act (50 U.S.C. 7270).''.
______
SA 2757. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title XXXI, add the following:
SEC. 3105. ADDITIONAL AMOUNTS FOR INERTIAL CONFINEMENT FUSION
AND HIGH YIELD PROGRAM.
(a) In General.--Notwithstanding the amounts specified in
the funding table in section 4701, the total amount
authorized to be appropriated to the Department of Energy for
fiscal year 2019 for research, development, test and
evaluation and available for the inertial confinement fusion
and high yield program shall be $518,927,000, to be allocated
as follows:
(1) Ignition, $69,575,000.
(2) Support of other stockpile programs, $22,565,000.
(3) Diagnostics, cryogenics, and experimental support,
$74,194,000.
(4) Pulsed power inertial confinement fusion, $8,310,000.
(5) Joint program in high energy density laboratory
plasmas, $9,492,000.
(6) Facility operations and target production,
$334,791,000.
(b) Offset.--The amount authorized to be appropriated to
the Department of Energy for fiscal year 2019 by section 3102
and available as specified in the funding table in section
4701 for defense environmental cleanup for excess facilities
is hereby reduced by $100,000,000.
______
SA 2758. Mr. INHOFE (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. PLANS TO IMPROVE MEDICAL FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Plans Required.--
(1) Plans of directors of medical facilities.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall require each director of
a medical facility of the Department of Veterans Affairs to
submit to the director of the Veterans Integrated Service
Network that covers the facility a plan to improve such
facility.
(2) Plans of directors of veterans integrated service
networks.--The Secretary shall require each director of a
Veterans Integrated Service Network to submit to the
Secretary, not later than 60 days after receiving all of the
plans under paragraph (1), a plan, based on the plans
received under paragraph (1), to improve the facilities
within the Veterans Integrated Service Network in such a
fashion that would improve the ability of all facilities
within the network to provide the best and most efficient
care to their patients.
(b) Regular Reports.--The Secretary shall ensure that each
director of a Veterans Integrated Service Network submits to
the Secretary, not later than two years after the date of the
enactment of this Act and not less frequently than once every
two years thereafter, a report on the actions taken by the
director to improve the facilities within that Veterans
Integrated Service Network and what further such actions
might be necessary.
(c) Sense of Congress on Use of Authorities To Investigate
Medical Centers of the Department of Veterans Affairs.--It is
the sense of Congress that the Secretary of Veterans Affairs
should make full use of the authorities provided by section 2
of the Enhancing Veteran Care Act (Public Law 115-95; 38
U.S.C. 1701 note).
______
SA 2759. Mr. GARDNER (for himself, Mr. Inhofe, Mrs. Ernst, and Mr.
Van Hollen) submitted an amendment intended to be proposed to amendment
SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill
H.R. 5515, to authorize appropriations for fiscal year 2019 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, insert the
following:
SEC. 12__. SENSE OF CONGRESS ON PESHMERGA FORCES.
It is the sense of the Congress that--
(1) the Peshmerga forces of the Kurdistan Region of Iraq
have made, and continue to make, significant contributions to
the United States-led campaign to degrade, dismantle, and
ultimately defeat the Islamic State of Iraq and Syria (ISIS)
in Iraq;
(2) a lasting defeat of ISIS is critical to maintaining a
stable and tolerant Iraq in which all faiths, sects, and
ethnicities are afforded equal protection and full
integration into the Government and society of Iraq; and
(3) in support of counter-ISIS operations and in
conjunction with the Central Government of Iraq, the United
States should provide the Ministry of Peshmerga forces of the
Kurdistan Region of Iraq $290,000,000 in operational
sustainment, so that the Peshmerga forces can more
effectively partner with the Iraqi Security Forces, the
United States, and other international Coalition members to
consolidate gains, hold territory, and protect infrastructure
from ISIS and its affiliates in an effort to deal a lasting
defeat to ISIS and prevent its reemergence in Iraq.
______
SA 2760. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title X, add the following:
SEC. 103____. LIMITATION ON USE OF FUNDS TO ISSUE ELECTRIC
GRID ORDERS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for any fiscal year may be
obligated or expended to issue any order pursuant to section
101 of the Defense Production Act of 1950 (50 U.S.C. 4511) or
section 202(c) of the Federal Power Act (16 U.S.C. 824a(c))
that requires any entity--
(1) to purchase electric energy based on the fuel used to
generate the electric energy; or
(2) to generate or sell electric energy unless the electric
energy is required to meet an existing or imminent shortage
of electric energy and the demand for electric energy cannot
otherwise be met.
______
SA 2761. Ms. BALDWIN (for herself, Mrs. Gillibrand, and Mr. Schumer)
submitted an amendment intended to be proposed to amendment SA 2282
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. REPORT ON THE AIR REFUELING RECEIVER DEMAND
ANALYTICAL MODEL OF THE AIR FORCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) consistent with the National Defense Authorization Act
for Fiscal Year 2018, the Air Force is undertaking an updated
mobility capability and requirements study that will reflect
guidance articulated in the 2018 National Defense Strategy;
and
(2) that study should address the Air Refueling Receiver
Demand Analytical model used by the Department of the Air
Force for its Strategic Basing process.
(b) Report.--
(1) In general.--Not later than December 31, 2019, the
Secretary of Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report setting forth the results of a review, conducted by
the Secretary for purposes of the report, of the Air
Refueling Receiver Demand Analytical model.
(2) Particular element.--The report shall include such
recommendations of the Secretary for adjustments to the Air
Refueling
[[Page S3717]]
Receiver Demand Analytical model as the Secretary considers
appropriate in order to ensure that the model addresses
changes in refueling requirements along the Northern Tier of
the United States as a result of the 2018 National Defense
Strategy and associated mobility capability requirements,
including, in particular, in connection with the growth of
activities in the Northern Polar region by global and
regional powers.
______
SA 2762. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. ___. INITIATIVE ON IMPROVING THE CAPACITY OF MILITARY
LAW ENFORCEMENT TO PREVENT CHILD SEXUAL
EXPLOITATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall establish an initiative on
improving the capacity of military law enforcement to prevent
child sexual exploitation. Under the initiative, the Under
Secretary shall assess the feasibility and advisability of
working with an external partner to train military law
enforcement officials at Department of Defense installations,
from all military departments, regarding online investigative
technology, tools, and techniques, computer forensics,
complex evidentiary issues, child victim identification,
child victim referral for treatment and services, and related
instruction.
(b) Partnerships and Agreements.--Under the initiative, the
Under Secretary shall develop partnerships and establish
collaborative agreements with the following:
(1) A highly qualified national child protection
organization or law enforcement training center with
demonstrated expertise in the delivery of law enforcement
training to detect, identify, investigate, and prosecute
individuals engaged in the trading or production of child
pornography and the online solicitation of children.
(2) A highly qualified national child protection
organization with demonstrated expertise in the delivery of
intervention services for victims of child sexual
exploitation to partner with military installations in the
delivery of trainings on trauma-informed mental health
therapies, such as Trauma-Focused Cognitive Behavioral
Therapy, Child and Family Traumatic Stress Intervention, and
other trauma-focused modalities that can be used to
compliment and maximize the effectiveness of the
multidisciplinary team approach.
(3) A national network of civilian providers located in
same communities as military installations that deliver the
children's advocacy center model of a multidisciplinary team
response and child-friendly approach to identifying,
investigating, prosecuting, and intervening in child sexual
exploitation cases that can partner with military
installations on law enforcement, child protection,
prosecution, mental health, medical and victim advocacy to
investigate sexual exploitation, help children heal from
sexual exploitation, and hold offenders accountable.
(4) State and local authorities to address law enforcement
capacity in communities where military installations are
located, and to prevent lapses in jurisdiction that would
undercut the Department's efforts to prevent child sexual
exploitation.
(5) The National Association to Protect Children and the
United States Special Operations Command Care Coalition to
replicate successful outcomes of the Human Exploitation
Rescue Operative (HERO) Child Rescue Corps program within
military criminal investigative organizations and other
Department components to combat child sexual exploitation.
(c) Locations.--
(1) In general.--The Under Secretary shall carry out the
initiative--
(A) in at least two States where there is a high density of
Department network users in comparison to the overall
population of the States;
(B) in at least two States where there is a high population
of Department network users;
(C) in at least two States where there is a large
percentage of Indian children, including children who are
Alaska Natives or Native Hawaiians;
(D) in at least one State with a population with fewer than
2,000,000 people;
(E) in at least one State with a population with fewer than
5,000,000 people, but not fewer than 2,000,000 people;
(F) in at least one State with a population with fewer than
10,000,000 people, but not fewer than 5,000,000; and
(G) in at least one State with a population with 10,000,000
or more people.
(2) Geographic distribution.--The Under Secretary shall
ensure that the locations at which the initiative is carried
out are distributed across different regions.
(d) Additional Requirements.--In carrying out the
initiative, the Under Secretary shall--
(1) participate in multi-jurisdictional task forces;
(2) establish cooperative agreements to facilitate co-
training and collaboration with Federal, State, and local law
enforcement; and
(3) develop a streamlined process to refer child sexual
abuse cases to other jurisdictions.
______
SA 2763. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XVI, add the following:
SEC. ____. REPORT ON BALLISTIC MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense is conducting a ballistic
missile defense review that will assess the capabilities and
requirements for homeland, regional, and theater missile
defense.
(2) This review will have significant implications for
national security and potentially on resource prioritization
and requirements.
(3) The review was initially expected to have been
completed by January but has been delayed several months due
to revisions and has not yet been submitted to Congress.
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on ballistic
missile defense that addresses the implications for planned
programs of record, costs and resource prioritization, and
strategic stability.
(c) CBO Report on Costs Relating to Ballistic, Cruise, and
Hypersonic Defenses of the United States.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Congressional
Budget Office shall submit to the congressional defense
committees a report setting forth the following:
(A) An estimate of the costs over the 10-year period
beginning on the date of the report associated with--
(i) fielding and maintaining the current and planned
ballistic, cruise, and hypersonic defenses of the United
States; and
(ii) implementing any new recommendations of the Ballistic
Missile Defense Review with regard to ballistic, cruise, and
hypersonic defenses.
(B) An estimate of the costs to design, launch, maintain,
and operate space-based sensors and interceptors of different
constellation sizes ranging from limited to comprehensive.
(2) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 2764. Mr. MARKEY submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXXI, add the following:
SEC. 3105. ELIMINATION OF FUNDING FOR W76-2 WARHEAD
MODIFICATION PROGRAM.
The amount authorized to be appropriated by section 3101
and available as specified in the funding table in section
4701 for weapons activities for the W76-2 warhead
modification program is hereby reduced to $0.
______
SA 2765. Mr. MARKEY (for himself, Mr. Merkley, Mrs. Feinstein, Ms.
Warren, Ms. Baldwin, Mr. Leahy, Mr. Sanders, Mr. Wyden, Mrs. Murray,
Mrs. Gillibrand, and Ms. Cantwell) submitted an amendment intended to
be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself
and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title XXXI, add the following:
[[Page S3718]]
SEC. 3105. AVAILABILITY OF AMOUNTS FOR DENUCLEARIZATION OF
DEMOCRATIC PEOPLE'S REPUBLIC OF NORTH KOREA.
(a) In General.--The amount authorized to be appropriated
by section 3101 and available as specified in the funding
table in section 4701 for defense nuclear nonproliferation is
hereby increased by $65,000,000, with the amount of the
increase to be available to develop and prepare to implement
a comprehensive, long-term monitoring and verification
program for activities related to the phased denuclearization
of the Democratic People's Republic of North Korea, in
coordination with relevant international partners and
organizations.
(b) Offset.--The amount authorized to be appropriated by
section 3101 and available as specified in the funding table
in section 4701 for weapons activities for the W76-2 warhead
modification program is hereby reduced by $65,000,000.
______
SA 2766. Mr. BOOKER (for himself, Mr. Menendez, and Mr. Schumer)
submitted an amendment intended to be proposed to amendment SA 2282
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE CREW MEMBERS OF THE U.S.S.
FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Colombia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Facilitation of Inclusion of Names.--The National Park
Service, the National Capital Planning Commission, the
Commission on Fine Arts, and other applicable authorities are
encouraged to approve adjustments to the nomenclature and
placement of names pursuant to subsection (a) to address any
space limitations on the placement of additional names on the
Vietnam Veterans Memorial Wall.
______
SA 2767. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3119. EXTENSION OF OFFICE OF RIVER PROTECTION.
Section 4442(e) of the Atomic Energy Defense Act (50 U.S.C.
2622(e)) is amended by striking ``September 30, 2019'' and
inserting ``September 30, 2024''.
______
SA 2768. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. ___. PILOT PROGRAM TO EXTEND PAVEMENT LIFE.
(a) Authority.--The Secretary of the Army may carry out a
pilot program to design, build, and test technologies and
innovative pavement materials in order to extend the service
life of military roads and runways.
(b) Scope.--The pilot program authorized by subsection (a)
shall include the following:
(1) The design, test and assembly of technologies and
systems suitable for pavement applications.
(2) Research, development, and testing of new pavement
materials for road and runway use in different geographic
areas in the United States.
(3) Design and procurement of platforms and equipment to
test performance, cost, feasibility, and effectiveness.
(c) Competition Requirements.--Any award of a contract or
grant under the pilot program authorized by subsection (a)
shall be made using merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of the pilot program, the Secretary of the Army
shall submit to the congressional defense committees a report
on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the effectiveness of activities under
the pilot program in improving the service life of military
roads and runways.
(B) An analysis of potential lifetime cost-savings
associated with the extended service life of the runways and
roads as well as potential reduction in energy demands.
(e) Termination of Authority.--The authorities under this
section shall terminate on September 30, 2024.
______
SA 2769. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 896. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY.
(a) Strategy Required.--
(1) In general.--Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2282. Department of defense small business strategy
``(a) In General.--The Secretary of Defense shall implement
a small business strategy for the Department of Defense that
meets the requirements of this section.
``(b) Unified Management Structure.--As part of the small
business strategy described in subsection (a), the Secretary
shall ensure that there is a unified management structure
within the Department for the functions of the Department
relating to--
``(1) programs and activities related to small business
concerns (as defined in section 3 of the Small Business Act
(15 U.S.C. 632));
``(2) manufacturing and industrial base policy; and
``(3) any procurement technical assistance program
established under chapter 142 of this title.
``(c) Purpose of Small Business Programs.--The Secretary
shall ensure that programs and activities of the Department
of Defense related to small business concerns are carried out
so as to further national defense programs and priorities and
the statements of purpose for Department of Defense
acquisition set forth in section 801 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1449).
``(d) Points of Entry Into Defense Market.--The Secretary
shall ensure--
``(1) that opportunities for small business concerns to
contract with the Department of Defense are identified
clearly; and
``(2) that small business concerns are able to have access
to program managers, contracting officers, and other persons
using the products or services of such concern to the extent
necessary to inform such persons of emerging and existing
capabilities of such concerns.
``(e) Enhanced Outreach Under Procurement Technical
Assistance Program Market.--The Secretary shall enable and
promote activities to provide coordinated outreach to small
business concerns through any procurement technical
assistance program established under chapter 142 of this
title to facilitate small business contracting with the
Department of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2282. Department of Defense small business strategy.''.
(b) Implementation.--
(1) Deadline.--The Secretary of Defense shall develop the
small business strategy required by section 2282 of title 10,
United States Code, as added by subsection (a), not later
than 180 days after the date of the enactment of this Act.
(2) Notice to congress and publication.--Upon completion of
the development of the small business strategy pursuant to
paragraph (1), the Secretary shall--
(A) transmit the strategy to Congress; and
(B) publish the strategy on a public website of the
Department of Defense.
______
SA 2770. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed by Mr. Durbin to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal
[[Page S3719]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title XI, add the following:
SEC. 1126. DISCLOSURE OF INFORMATION REGARDING TRAVEL BY
CERTAIN SENIOR OFFICIALS.
(a) In General.--Section 5707 of title 5, United States
Code, is amended by adding at the end the following:
``(d) Additional Disclosure of Information Regarding Travel
by Certain Senior Officials.--
``(1) Definitions.--In this subsection--
``(A) the term `Administrator' means the Administrator of
General Services;
``(B) the term `covered individual' means--
``(i) the head of an Executive agency; or
``(ii) an individual serving in a position at level I or II
of the Executive Schedule under section 5312 or 5313,
respectively;
``(C) the term `machine-readable form' means a format in
which information or data can be easily processed by a
computer without human intervention while ensuring no
semantic meaning is lost;
``(D) the term `open format' means a technical format based
on an underlying open standard that is--
``(i) not encumbered by restrictions that would impede use
or reuse; and
``(ii) based on an underlying open standard that is
maintained by a standards organization; and
``(E) the term `travel information website' means the
website used by the Administrator to make available
information under paragraph (2)(B)(i).
``(2) Public availability of travel information for covered
individuals.--
``(A) Reporting.--Not later than 30 business days after the
end of each calendar quarter, each Executive agency employing
1 or more covered individuals who performed official travel
during the calendar quarter shall submit to the Administrator
data in machine-readable form and open format regarding the
travel by each such covered individual during the calendar
quarter on a commercial aircraft, privately-owned aircraft,
or Government-owned or Government-leased aircraft, which
shall include--
``(i) the duration of the travel;
``(ii) the destination or destinations of the travel;
``(iii) the individuals in the travel party;
``(iv) the justification for the travel;
``(v) the authorizing official who approved the travel; and
``(vi) the total cost to the Government for--
``(I) the travel as a whole;
``(II) transportation during the travel; and
``(III) lodging accommodations during the travel.
``(B) Public availability.--
``(i) In general.--The Administrator shall make available
online to the public, at no cost to access, the information
provided by Executive agencies to the Administrator under
subparagraph (A).
``(ii) National security information.--
``(I) In general.--An Executive agency may exclude national
security sensitive travel information from the travel
information submitted to the Administrator if the Executive
agency determines public online disclosure of the national
security sensitive travel information would result in harm to
national security interests.
``(II) Justification.--Each Executive agency shall
establish and preserve an accurate record documenting each
instance in which the Executive agency excluded national
security sensitive travel information from submission, as
authorized in subclause (I), which shall include information
explaining how public online disclosure of the national
security sensitive travel information would have resulted in
harm to national security interests.
``(C) Use of existing resources.--To the maximum extent
practicable, the Administrator shall use a website in
existence on the date of enactment of this subsection to
carry out this subsection.
``(3) Requirements.--Not later than 30 business days after
the date on which the Administrator receives information from
an Executive agency regarding travel by a covered individual
under paragraph (2)(A), the Administrator shall make the
information available on the travel information website.
``(4) Classified trips.--
``(A) In general.--Nothing in this subsection shall
preclude an Executive agency from excluding from the
information submitted to the Administrator information
regarding classified travel.
``(B) Maintaining of information.--An Executive agency
shall maintain information relating to classified travel by a
covered employee until the end of the 2-year period beginning
on the date on which the classified travel concludes.
``(5) Auditing.--The Inspector General of each Executive
agency may, as determined appropriate by the Inspector
General--
``(A) conduct and publish an audit of the accuracy and
completeness of information the Executive agency provides to
the Administrator under paragraph (2)(A);
``(B) conduct an audit of determinations by the Executive
agency to exclude information under paragraph (2)(B)(ii) to
ensure each such decision was appropriate and justified in
regard to protecting national security interests from harm
that would have resulted from public online disclosure; and
``(C) provide each committee of Congress with jurisdiction
over the activities of or appropriations for the Executive
agency with written notification if the Inspector General
determines that the Executive agency is improperly
withholding, or failed to justify the withholding of,
information from the Administrator under paragraph
(2)(B)(ii).''.
(b) Relation to Other Reporting Requirements.--Nothing in
the amendment made by subsection (a) shall be construed to
modify or supercede the reporting requirements under the
Federal Travel Regulation (including the requirements
relating to the Senior Federal Travel report, or any
successor thereto) or under any other provision of law.
______
SA 2771. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 3__. DOE MANUFACTURING TRADES EDUCATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Eligible entity.--The term ``eligible entity'' means an
entity described in subsection (c).
(3) Eligible program of education.--The term ``eligible
program of education'' means a program of education described
in subsection (d).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(5) Program.--The term ``Program'' means the DOE
Manufacturing Trades Education Grant Program established
under subsection (b)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--
(1) In general.--The Secretary, in consultation with the
Secretary of Labor, the Secretary of Education, the Director
of the Office of Science and Technology Policy, and the heads
of such other relevant Federal agencies as the Secretary
considers appropriate, may establish a grant program, to be
known as the ``DOE Manufacturing Trades Education Grant
Program'', under which the Secretary shall make grants on a
competitive basis to eligible entities to carry out eligible
programs of education that provide recognized postsecondary
credentials to enhance existing programs of, or the
establishment of new programs at, the Department in
manufacturing trades education to further the missions of the
national security laboratories of the Department and National
Nuclear Security Administration production sites.
(2) Grant period.--The term of a grant made under the
Program shall be 5 years.
(3) Coordination required.--The Secretary shall ensure that
the Program is coordinated with other programs of the
Department that are associated with advanced manufacturing
activities that carry out the missions of the national
security laboratories of the Department and National Nuclear
Security Administration production sites.
(c) Eligible Entities.--To be eligible to receive a grant
under the Program, an entity shall be--
(1) a manufacturing trades industry organization;
(2) a nonprofit organization;
(3) an institution of higher education;
(4) a workforce intermediary; or
(5) a consortium of 2 or more entities described in
paragraphs (1) through (4).
(d) Eligible Programs of Education.--An eligible entity
receiving a grant under the Program shall use the grant to
carry out a consolidated and integrated multidisciplinary
program of education that--
(1) provides postsecondary credentials;
(2) is a technical skills-based training program; and
(3) emphasizes--
(A) multidisciplinary instruction that--
(i) encompasses the total manufacturing engineering
enterprise; and
(ii) may include--
(I) manufacturing trades education and training through
classroom activities, laboratory, or employer site
activities, on the job training activities, participation in
employer site projects, sponsored pre-apprenticeship or
apprenticeship programs, cooperative work-study programs, and
interactions with other industrial facilities, consortia, or
such other activities and organizations in the United States
and foreign countries as the Secretary considers appropriate;
(II) subject matter expert development programs;
(III) recruitment of experienced and licensed professionals
that are highly qualified in relevant manufacturing trades to
teach or develop manufacturing trade courses and program
content;
(IV) presentation of seminars, workshops, and training for
the development of specific manufacturing trades skills;
[[Page S3720]]
(V) activities involving interaction between students and
industry, including programs for visiting experts from
industry or other sites or industry and personnel exchanges
between the national security laboratories of the Department
and National Nuclear Security Administration production
sites;
(VI) development of new, or updating and modification of
existing, manufacturing trades curriculum, course offerings,
and education programs;
(VII) establishment of programs in manufacturing workforce
training that are specific to the unique skills and
requirements needed at the national security laboratories of
the Department and National Nuclear Security Administration
production sites;
(VIII) establishment of joint manufacturing trades
education programs with defense laboratories, depots, the
national security laboratories of the Department, and
National Nuclear Security Administration production sites;
and
(IX) expansion of manufacturing trades training and
education programs and outreach for members of the Armed
Forces, dependents and children of members of the Armed
Forces, veterans, and employees of the Department of Defense,
the national security laboratories of the Department, and
National Nuclear Security Administration production sites;
(B) opportunities for students to obtain work experience in
manufacturing through such activities as apprenticeship and
preapprenticeship programs, internships, summer job
placements, or cooperative work-study programs; and
(C) faculty and student engagement with industry that is
directly related to, and supportive of, the education of
students in the manufacturing trades because of--
(i) the increased understanding of the students of
manufacturing challenges and potential solutions; and
(ii) the enhanced quality and effectiveness of the
instruction that result from that increased understanding.
(e) Selection of Grant Recipients.--
(1) Applications.--If the Secretary establishes the
Program, the Secretary shall solicit applications for grants.
(2) Merit competition.--The Secretary shall evaluate
applications received under paragraph (1) on the basis of
merit pursuant to competitive procedures prescribed by the
Secretary.
(3) Criteria.--The Secretary shall select for grants under
the Program eligible entities that demonstrate in the
application of the eligible entity how the eligible program
of education to be carried out using the grant will, at a
minimum--
(A) provide students access to registered apprenticeship or
preapprenticeship programs for improving trades education in
manufacturing technology;
(B) contain innovative approaches for improving trades
education in manufacturing technology;
(C) demonstrate a strong commitment to applying the
resources necessary to achieve the objectives of the eligible
program of education;
(D) provide for effective engagement with industry or
government organizations that--
(i) supports the instruction to be provided in the eligible
program of education; and
(ii) is likely to improve manufacturing capability and
technology;
(E) demonstrates a significant level of involvement of
United States industry in the proposed instructional and
research activities;
(F) is likely to attract regional students that will likely
have long careers at the national security laboratories of
the Department and National Nuclear Security Administration
production sites;
(G) promote careers in manufacturing trades at the national
security laboratories of the Department and National Nuclear
Security Administration production sites;
(H) involve fully qualified personnel and employer site
subject matter experts who are experienced in manufacturing
engineering education and technology;
(I) not later than 3 years after the date on which the
grant is made, attract non-Federal funding and other support
to sustain the eligible program of education;
(J) achieve a significant level of participation by women,
members of minority groups, young adults ages 17 to 29, and
individuals with disabilities through active recruitment; and
(K) train students in advanced manufacturing trades and in
relevant emerging technologies and production processes.
(4) Geographical distribution of grants.--In making grants
under the Program, the Secretary, to the maximum extent
practicable, shall avoid a geographical concentration of
grants.
______
SA 2772. Mr. DURBIN (for Ms. Duckworth (for herself, Mr. Durbin, Mrs.
Ernst, and Mr. Grassley)) submitted an amendment intended to be
proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and
Mr. McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title II, add the following:
SEC. ___. STEM JOBS ACTION PLAN.
(a) Findings.--Congress finds the following:
(1) Jobs in science, technology, engineering, and math in
addition to maintenance and manufacturing (collectively
referred to in this section as ``STEM'') make up a
significant portion of the workforce of the Department of
Defense.
(2) These jobs exist within the organic industrial base,
research, development, and engineering centers, life-cycle
management commands, and logistics centers of the Department.
(3) Vital to the continued support of the mission of all of
the military services, the Department needs to maintain its
STEM workforce.
(4) It is known that the demographics of personnel of the
Department indicate that many of the STEM personnel of the
Department will be eligible to retire in the next few years.
(5) Decisive action is needed to replace STEM personnel as
they retire to ensure that the military does not further
suffer a skill and knowledge gap and thus a serious readiness
gap.
(b) Assessments and Plan of Action.--The Secretary of
Defense, in conjunction with the Secretary of each military
department, shall --
(1) perform an assessment of the STEM workforce for
organizations within the Department of Defense, including the
numbers and types of positions and the expectations for
losses due to retirements and voluntary departures;
(2) identify the types and quantities of STEM jobs needed
to support future mission work;
(3) determine the shortfall between lost STEM personnel and
future requirements;
(4) analyze and explain the appropriateness and impact of
using reimbursable and working capital fund dollars for new
STEM hires;
(5) identify a plan of action to address the STEM jobs gap,
including hiring strategies and timelines for replacement of
STEM employees; and
(6) deliver to Congress, not later than December 31, 2019,
a report specifying such plan of action.
______
SA 2773. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. 706. COUNSELING AND TREATMENT FOR SUBSTANCE USE
DISORDERS AND CHRONIC PAIN MANAGEMENT SERVICES
FOR MEMBERS WHO SEPARATE FROM THE ARMED FORCES.
Section 1145(a)(6)(B)(i) of title 10, United States Code,
is amended--
(1) in subclause (I)--
(A) by inserting ``, substance use disorder,'' after
``post-traumatic stress disorder''; and
(B) by striking ``and'' at the end;
(2) by redesignating subclause (II) as subclause (III); and
(3) by inserting after subclause (I) the following new
subclause (II):
``(II) chronic pain management services, including
counseling and treatment for co-occurring mental health
disorders and the provision of alternatives to opioid
analgesics; and''.
______
SA 2774. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 12__. REPORTS ON AUTHORITY TO BUILD CAPACITY FOR FOREIGN
SECURITY FORCES.
Section 333 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Comptroller General Reports.--
``(1) In general.--Not later than March 31, 2020, and
periodically thereafter, as determined by the Comptroller
General of the United States, until January 1, 2029, the
Comptroller General shall submit to the appropriate
committees of Congress a report on 1 or more programs
authorized by this section, as selected by the Comptroller
General for purposes of the report.
[[Page S3721]]
``(2) Elements.--Each report under paragraph (1) shall
include the following with respect to the execution and
management by the Secretary of Defense of the selected
programs, to the extent such information is available:
``(A) The assessment, monitoring, and evaluation of the
Secretary in support of such programs.
``(B) Any other information relating to such programs, as
the Comptroller General considers appropriate.
``(3) Appropriate committees of congress defined.--In this
section, the term `appropriate committees of Congress'
means--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
______
SA 2775. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 12__. REPORT ON SECURITY COOPERATION PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF DEFENSE IN
CERTAIN FOREIGN COUNTRIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report
that assesses, for fiscal years 2013 through 2018, the
assessment, monitoring, and evaluation activities of the
Department of Defense for security cooperation programs in
each of the foreign countries specified in subsection (b).
(b) Foreign Countries Specified.--The foreign countries
specified in this subsection are the following:
(1) Afghanistan.
(2) Iraq.
(3) Yemen.
(4) Nigeria.
(5) Niger.
(6) Mali.
(7) Tunisia.
(8) Somalia.
(9) The Philippines.
(10) Jordan.
(c) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) Lessons learned and best practices with respect to such
security cooperation programs and activities of the
Department of Defense.
(2) Relevant recommendations for future security
cooperation programs and activities of the Department of
Defense.
(3) Recommendations for monitoring and evaluation metrics
for future security cooperation programs and activities of
the Department of Defense.
(4) Evaluation of the efficacy of the assessment tools used
by the Department of Defense and other relevant security
cooperation agencies with respect to such security
cooperation programs and activities of the Department of
Defense for purposes of measuring improvements made by the
forces of the foreign countries specified in subsection (b).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Security cooperation programs and activities of the
department of defense.--The term ``security cooperation
programs and activities of the Department of Defense'' has
the meaning given such term in section 301(7) of title 10,
United States Code.
______
SA 2776. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 12__. MODIFICATIONS TO CONGRESSIONAL NOTIFICATION
REQUIREMENTS REGARDING SUPPORT FOR OPERATIONS
AND CAPACITY BUILDING.
(a) Authority to Provide Support for Conduct of
Operations.--Section 331(d)(2) of title 10, United States
Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (G);
and
(2) by inserting after subparagraph (D) the following new
subparagraphs:
``(E) An assessment of the sustainability of support to be
provided by the United States. In preparing such assessment,
the Secretary of Defense shall consider the extent to which
participating countries have the political will, credible and
effective institutions, and equal stake in the success of
security sector initiatives.
``(F) An assessment of the objectives of the United States
and foreign countries participating in the program.''.
(b) Defense Institution Capacity Building.--Section
332(b)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraphs:
``(D) An assessment of the objectives of the United States
and foreign countries participating in the program.
``(E) An assessment of the sustainability of support to be
provided to foreign countries participating in the
program.''.
______
SA 2777. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
On page 57, strike lines 3 through 25 and insert the
following:
(2) support efforts to accelerate the integration and
transition of new manufacturing technologies and processes
developed by the centers for manufacturing innovation that
comprise the Network for Manufacturing Innovation;
(3) identify improvements to sustainment methods for
component parts and other logistics needs;
(4) identify and implement appropriate information security
protections to ensure security of advanced manufacturing;
(5) aid in the procurement of advanced manufacturing
equipment and support services; and
(6) enhance partnerships between the defense industrial
base, such centers for manufacturing innovation,
laboratories, academic institutions, and industry.
(c) Cooperative Agreements and Partnerships.--
(1) In general.--The Under Secretaries may enter into a
cooperative agreement and use public-private and public-
public partnerships to facilitate development or transition
of advanced manufacturing techniques and capabilities in
support of the defense industrial base.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) and a partnership used under such
paragraph shall facilitate--
(A) development and implementation of advanced
manufacturing techniques and capabilities of the transition
of existing capabilities developed by the centers described
in subsection (b)(2);
______
SA 2778. Mr. DURBIN (for Ms. Duckworth) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
Beginning on page 48, strike line 10 and all that follows
through page 49, line 6, and insert the following:
(1) A process for streamlined communications between the
Under Secretary, the Joint Chiefs of Staff, the commanders of
the combatant commands, the science and technology executives
within each military department, the science and technology
community, and the manufacturing industrial base, including--
(A) a process for the commanders of the combatant commands
and the Joint Chiefs of Staff to communicate their needs to
the science and technology community and the centers for
manufacturing innovation that comprise the Network for
Manufacturing Innovation; and
(B) a process for the science and technology community and
such centers to propose technologies that meet the needs
communicated by the combatant commands and the Joint Chiefs
of Staff.
(2) Procedures for the development of technologies proposed
pursuant to paragraph (1)(B), including--
(A) a process for demonstrating performance of the proposed
technologies on a short timeline;
(B) a process for accelerating, transitioning, and
integrating new manufacturing technologies and processes
developed by the centers described in paragraph (1)(A);
[[Page S3722]]
______
SA 2779. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1052. LONG WARS STUDY GROUP.
(a) In General.--There is hereby established a working
group to be known as the ``Long Wars Study Group'' (in this
section referred to as the ``Group'').
(b) Purpose.--The purpose of the Group is to examine United
States engagement in the conflicts in Afghanistan and Iraq in
an effort to identify lessons learned and make
recommendations for questions to be asked prior to future
decisions by Congress to authorize the use of military force
in conflicts that have the potential to develop into an
irregular war.
(c) Composition.--
(1) Membership.--The Group shall be composed of 8 members
appointed as follows:
(A) One member appointed by the chair of the Committee on
Armed Services of the Senate.
(B) One member appointed by the ranking minority member of
the Committee on Armed Services of the Senate.
(C) One member appointed by the chair of the Committee on
Foreign Relations of the Senate.
(D) One member appointed by the ranking minority member of
the Committee on Foreign Relations of the Senate.
(E) One member appointed by the chair of the Committee on
Armed Services of the House of Representatives.
(F) One member appointed by the ranking minority member of
the Committee on Armed Services of the House of
Representatives.
(G) One member appointed by the chair of the Committee on
Foreign Affairs of the House of Representatives.
(H) One member appointed by the ranking minority member of
the Committee on Foreign Affairs of the House of
Representatives.
(2) Co-chairs.--
(A) Designation by committee chairs.--The chair of the
Committee on Armed Services of the Senate, the chair of the
Committee on Foreign Relations of the Senate, the chair of
the Committee on Armed Services of the House of
Representatives, and the chair of the Committee on Foreign
Affairs of the House of Representatives shall jointly
designate one member of the Group to serve as co-chair of the
Group.
(B) Designation by ranking minority members.--The ranking
minority member of the Committee on Armed Services of the
Senate, the ranking minority member of the Committee on
Foreign Relations of the Senate, the ranking minority member
of the Committee Armed Services of the House of
Representatives, and the ranking minority member of the
Committee on Foreign Affairs of the House of Representatives
shall jointly designate one member of the Group to serve as
co-chair of the Group.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Group. Any vacancy in the Group
shall be filled in the same manner as the original
appointment.
(d) Duties.--
(1) Review.--The Group shall review United States
involvement in the conflicts in Afghanistan (including
Operation Enduring Freedom and Operation Freedom's Sentinel)
and Iraq (including Operation Iraqi Freedom and Operation New
Dawn), including military engagement, diplomatic engagement,
training and advising of local forces, reconstruction
efforts, and foreign assistance in such conflicts.
(2) Assessment and recommendations.--The Group shall--
(A) conduct a comprehensive assessment of United States
involvement in the conflicts in Afghanistan and Iraq,
including--
(i) United States military, diplomatic, and political
efforts in the conflicts;
(ii) the effects of the conflicts on neighboring countries;
(iii) any regional and geopolitical threats to the United
States resulting from the conflicts;
(iv) the extent to which stated United States national
objectives for the conflicts were met;
(v) the effect of United States involvement in the
conflicts on the readiness of the United States Armed Forces;
(vi) the effect of United States involvement in the
conflicts on civil-military affairs in the United States;
(vii) the implications of the use of funds for overseas
contingency operations as a mechanism for funding United
States involvement in the conflicts; and
(viii) any other matters in connection with United States
involvement in the conflicts the Group considers appropriate;
(B) identify circumstances in which a conflict presents a
significant likelihood of developing into an irregular war;
and
(C) develop recommendations based on the assessment, as
well as any other information the Group considers
appropriate, for relevant questions to be asked during future
consideration by Congress of an authorization for use
military force in conflicts that have the potential to
develop into an irregular war.
(e) Cooperation From United States Government.--
(1) In general.--The Group shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of State, and the Director of National Intelligence in
providing the Group with analyses, briefings, and other
information necessary for the discharge of the duties of the
Group.
(2) Liaison.--The Secretary of Defense, the Secretary of
State, and the Director of National Intelligence shall each
designate at least one officer or employee of their
respective organizations to serve as a liaison officer to the
Group.
(f) Report.--
(1) Final report.--Not later than two years after the date
of the enactment of this Act, the Group shall submit to the
President, the Secretary of Defense, the Committee on Armed
Services of the Senate, the Committee on Armed Services of
the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on the findings,
conclusions, and recommendations of the Group under this
section. The report shall do each of the following:
(A) Provide an assessment of the current security,
political, humanitarian, and economic situation in
Afghanistan and Iraq.
(B) Provide lessons learned from United States involvement
in the conflicts in Afghanistan and Iraq.
(C) Provide recommendations on questions to be asked during
future consideration by Congress of an authorization for use
of military force in a conflict that has the potential to
develop into an irregular war.
(D) Address any other matters with respect to United States
involvement in the conflicts in Afghanistan and Iraq that the
Group considers appropriate.
(2) Interim briefing.--Not later than one year after the
date of the enactment of this Act, the Group shall provide to
the committees of Congress referred to in paragraph (1) a
briefing on the status of its review and assessment under
subsection (d), together with a discussion of any interim
recommendations developed by the Group as of the date of the
briefing.
(3) Form of report.--The report submitted to Congress under
paragraph (1) shall be submitted in unclassified form.
(g) Termination.--The Group shall terminate six months
after the date on which it submits the report required by
subsection (f)(1).
______
SA 2780. Mr. BROWN (for himself, Mr. Blumenthal, Ms. Warren, Mrs.
Murray, Mr. Durbin, and Mr. Carper) submitted an amendment intended to
be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself
and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. PROHIBITION ON USE BY EDUCATIONAL INSTITUTIONS OF
REVENUES DERIVED FROM EDUCATIONAL ASSISTANCE
FURNISHED UNDER LAWS ADMINISTERED BY SECRETARY
OF DEFENSE FOR ADVERTISING, MARKETING, OR
RECRUITING.
(a) In General.--As a condition on the receipt of
Department of Defense educational assistance funds, an
institution of higher education, or other postsecondary
educational institution, may not use revenues derived from
Department of Defense educational assistance funds for
advertising, recruiting, or marketing activities described in
subsection (b).
(b) Covered Activities.--Except as provided in subsection
(c), the advertising, recruiting, and marketing activities
subject to subsection (a) shall include the following:
(1) Advertising and promotion activities, including paid
announcements in newspapers, magazines, radio, television,
billboards, electronic media, naming rights, or any other
public medium of communication, including paying for displays
or promotions at job fairs, military installations, or
college recruiting events.
(2) Efforts to identify and attract prospective students,
either directly or through a contractor or other third party,
including contact concerning a prospective student's
potential enrollment or application for grant, loan, or work
assistance under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) or participation in preadmission or
advising activities, including--
(A) paying employees responsible for overseeing enrollment
and for contacting potential students in-person, by phone, by
email, or by other internet communications regarding
enrollment; and
(B) soliciting an individual to provide contact information
to an institution of higher
[[Page S3723]]
education, including Internet websites established for such
purpose and funds paid to third parties for such purpose.
(3) Such other activities as the Secretary of Defense may
prescribe, including paying for promotion or sponsorship of
education or military-related associations.
(c) Exceptions.--Any activity that is required as a
condition of receipt of funds by an institution under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.), is specifically authorized under such title, or is
otherwise specified by the Secretary of Education, shall not
be considered to be a covered activity under subsection (b).
(d) Department of Defense Educational Assistance Funds
Defined.--In this section, the term ``Department of Defense
educational assistance funds'' means funds provided directly
to an institution or to a student attending such institution
under any of the following provisions of law:
(1) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title
10, United States Code.
(2) Section 1784a, 2005, or 2007 of such title.
(e) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the use by an institution of
revenues derived from sources other than Department of
Defense educational assistance funds. As a condition on the
receipt of Department of Defense educational assistance
funds, each institution of higher education, or other
postsecondary educational institution, that derives revenues
from Department of Defense educational assistance funds shall
submit to the Secretary of Defense and to Congress each year
a report that includes the following:
(1) The institution's expenditures on advertising,
marketing, and recruiting.
(2) A verification from an independent auditor that the
institution is in compliance with the requirements of this
subsection.
(3) A certification from the institution that the
institution is in compliance with the requirements of this
section.
______
SA 2781. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain)
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XXVIII, add the following:
Subtitle E--Real Property and Facilities Administration
SEC. 2851. PILOT PROGRAM ALLOWING FOR LEASING OF FACILITIES
CONSTRUCTED BY AN EXISTING GROUND LESSEE.
(a) Pilot Program.--
(1) In general.--The Secretary of the Air Force shall
establish a pilot program at the Secretary's discretion at
one Air Force installation in accordance with criteria listed
in subsection (b) to lease facilities constructed and owned
by an existing ground lessee of land to support any missions
or operations required to be located on the installation.
(2) Duration.--The pilot program shall be in effect for a
period not to exceed five years. Any construction commenced
prior to the expiration of such pilot program period may
continue to completion.
(3) Authority.--During the pilot period, the Secretary
concerned may enter into a facility lease, including a build-
to-suit lease, with the ground lessee or owner which shall be
for a term that is customary and reasonable in the commercial
leasing industry for similar leases and which shall allow for
unrestricted assignment and sublease by the Secretary
concerned to other military services or Federal agencies upon
terms and conditions the Secretary concerned determines may
be advantageous or beneficial.
(4) Termination.--The Secretary of the Air Force or
installation commander may terminate any agreement entered
into under paragraph (1) with appropriate advance notice to
the other party.
(b) Secretarial Determination.--Before exercising the
authority under subsection (a)(3), the Secretary concerned
must make a determination that--
(1) there is an existing ground lessee of land on an
installation controlled by the Secretary which is in good
standing and not in breach of any existing agreement with the
Air Force, has a proven record of success constructing and
leasing commercial facilities on the installation, and is in
at least the tenth year of operation on the installation; and
(2) there is a need to have access to newly constructed
facilities on the installation concerned that can be
available for--
(A) a mission or operation on the installation controlled
by the Secretary concerned which is required to be located on
the installation, but for which there are no suitable
facilities existing and immediately available on the
installation to meet the needs or requirements of the
Secretary; or
(B) a mission or operation on the installation controlled
by the Secretary concerned which is not required to be
located on the installation, but for which there are no
suitable facilities existing and immediately available within
reasonable distance outside the installation to accommodate
the needs or requirements of the Secretary.
(c) Data and Information.--The ground lessee who will
construct and own the facilities to be leased by the
Secretary concerned pursuant to the pilot program shall
maintain accurate data, documentation, and information
concerning the facilities constructed, including plans,
specifications, materials, labor, hard and soft costs,
expenses, change orders, schedules, delays, time of delivery,
and any other information and data necessary or desired by
the Secretary concerned to make the evaluations and
determinations that are the purpose of the pilot program.
(d) Evaluation Report.--
(1) In general.--Not later that six years after the date of
enactment of this Act, the Secretary concerned shall submit
to the congressional defense committees a report on the pilot
program.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An analysis and evaluation of the data, documentation,
and information provided pursuant to subsection (c).
(B) The business, economic, risk, and technical
justification for leasing newly constructed facilities from
an existing ground lessee on an installation as an
alternative to utilizing the military construction process in
order to have access to cost-effective rapidly and readily
available newly constructed facilities to meet organizational
or functional missions or goals.
(C) An evaluation of the impact if the pilot program were
to be made permanent and adopted enterprise-wide.
(D) Recommendations for any additional legislation needed
to ensure that expansion of the pilot program.
(e) Non-applicability of Laws and Regulations.--Section
2667 of title 10, United States Code, OMB Circular A-11, and
applicable regulations promulgated by the General Services
Administration shall not be construed as prohibiting or
restricting leasebacks or governing leases of facilities
under the pilot program.
______
SA 2782. Mr. RISCH (for himself and Ms. Duckworth) submitted an
amendment intended to be proposed to amendment SA 2282 proposed by Mr.
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. SMALL BUSINESS DEVELOPMENT CENTERS.
(a) Use of Authorized Entrepreneurial Development
Programs.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT
PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law, the Administrator shall only use the programs authorized
in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of
this Act and sections 358 and 389 of the Small Business
Investment Act of 1958 (15 U.S.C. 689g, 690h) to deliver
entrepreneurial development services, entrepreneurial
education, support for the development and maintenance of
clusters, or business training.
``(b) Exception.--This section shall not apply to--
``(1) services provided to assist small business concerns
owned by an Indian tribe (as defined in section 8(a)(13));
``(2) activities and programs in support of a member of the
Armed Forces, including a member of a reserve component of
the Armed Forces named in section 10101 of title 10, United
States Code, a veteran, or a spouse of a member of the Armed
Forces or a veteran;
``(3) the Microenterprise Technical Assistance and Capacity
Building Program established under subtitle C of title I of
the Riegle Community Development and Regulatory Improvement
Act of 1994 (15 U.S.C. 6901 et seq.);
``(4) the State Trade and Export Promotion Grant Program
established under section 1207 of the Small Business Export
Enhancement and International Trade Act of 2010 (15 U.S.C.
649b note); and
``(5) the Federal and State Technology Partnership Program
established under section 34.''.
(b) Marketing of Services.--Section 21 of the Small
Business Act (15 U.S.C. 648) is amended by adding at the end
the following:
``(o) No Prohibition of Marketing of Services.--The
Administrator shall not prohibit applicants receiving grants
under this section from marketing and advertising their
services to individuals and small businesses.''.
(c) Fees From Private Partnerships and Cosponsorships.--
Section 21(a)(3)(C) of the Small Business Act (15 U.S.C.
648(a)(3)(C)) is amended to read as follows:
``(C) Participation in private partnerships and
cosponsorships with the Administration
[[Page S3724]]
shall not limit small business development centers from
collecting fees or other income related to the operation of
those private partnerships and cosponsorships.''.
(d) Equity for Small Business Development Centers.--Section
21(a)(4)(C)(v)(I) of the Small Business Act (15 U.S.C.
648(a)(4)(C)(v)(I)) is amended--
(1) by striking ``this section'' and all that follows
through ``pay expenses enumerated'' and inserting ``this
section, not more than $500,000 may be used by the
Administration to pay expenses enumerated''; and
(2) by striking ``; and'' and all that follows and
inserting a period.
(e) Confidentiality and Privacy Requirements.--Section
21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``or telephone number of'' and inserting
``telephone number, or other information about''; and
(B) by inserting after ``to any State, local or Federal
agency, or third party'' after ``under this section''; and
(2) in clause (ii), by striking ``a financial'' and
inserting ``an Administration financial''.
(f) Contract Authority.--Section 21(l) of the Small
Business Act (15 U.S.C. 648(l)) is amended--
(1) by striking ``The authority'' and inserting the
following:
``(2) In general.--The authority''; and
(2) by adding at the end the following:
``(3) Notice of withdrawal or declining to renew.--An
entity that enters into a cooperative agreement under
subsection (a)(1) may not withdraw from, or decline to renew,
the cooperative agreement unless the entity provides the
Associate Administrator for Small Business Development--
``(A) notice not less than 90 days before the date on which
the entity withdraws from or declines to renew the
cooperative agreement; and
``(B) a plan for the orderly transition of the cooperative
agreement for a period of not less than 90 days or the
remaining term of the cooperative agreement, whichever is
longer.''.
(g) Limitation on Award of Grants to Small Business
Development Centers.--Section 21 of the Small Business Act
(15 U.S.C. 648), as amended by subsection (b) of this Act, is
amended by adding at the end the following:
``(p) Limitation on Award of Grants.--
``(1) In general.--Except for not-for-profit institutions
of higher education, and notwithstanding any other provision
of law, the Administrator may not award grants (including
contracts and cooperative agreements) under this section to
any entity other than those that received grants (including
contracts and cooperative agreements) under this section
before March 13, 2018, and that seek to renew those grants
(including contracts and cooperative agreements) after that
date.
``(2) Rule of construction.--This subsection shall not be
construed to prohibit a grant recipient under this section
from entering into a grant, contract, or cooperative
agreement with any other entity.''.
______
SA 2783. Mrs. ERNST (for herself, Ms. Cantwell, and Mr. Risch)
submitted an amendment intended to be proposed to amendment SA 2282
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R.
5515, to authorize appropriations for fiscal year 2019 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 2. WOMEN'S BUSINESS CENTER PROGRAM.
(a) Short Title.--This section may be cited as the Women's
Small Business Ownership Act of 2018.
(b) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the terms ``small business concern'', ``small business
concern owned and controlled by women'', and ``small business
development center'' have the meanings given those terms in
section 3 of the Small Business Act (15 U.S.C. 632); and
(3) the term ``women's business center'' has the meaning
given that term in section 29(a) of the Small Business Act
(15 U.S.C. 656(a)), as added by subsection (d)(1)(A).
(c) Office of Women's Business Ownership.--Section 29(g) of
the Small Business Act (15 U.S.C. 656(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``in the areas'' and all
that follows through the end of subclause (I), and inserting
the following: ``to address issues concerning the management,
operations, manufacturing, technology, finance, retail and
product sales, international trade, Government contracting,
and other disciplines required for--
``(I) starting, operating, and increasing the business of a
small business concern;''; and
(ii) in clause (ii)--
(I) by striking ``Women's Business Center program'' each
place that term appears and inserting ``women's business
center program'';
(II) in subclause (IX), by striking ``and'' at the end;
(III) in subclause (X), by striking the period at the end
and inserting ``; and''; and
(IV) by adding at the end the following:
``(XI) work with Administration officials and collaborate
with entities other than the Administration to ensure that
the work of the women's business center program--
``(aa) maximizes taxpayer dollars; and
``(bb) coordinates effectively with and is not duplicative
of the efforts of other Federal Government and private sector
programs.''; and
(B) in subparagraph (C), by inserting before the period at
the end the following: ``, the National Women's Business
Council, and any organization representing the majority of
women's business centers''; and
(2) by adding at the end the following:
``(3) Mission.--The mission of the Office of Women's
Business Ownership shall be to assist women entrepreneurs to
start, grow, and compete in global markets by providing
quality support with access to capital, access to markets,
job creation, growth, and counseling and training by--
``(A) fostering participation of women entrepreneurs in the
economy by overseeing a network of women's business centers
throughout States and territories;
``(B) creating public-private partnerships to support women
entrepreneurs and conduct outreach and education to startup
and existing small business concerns owned and controlled by
women; and
``(C) working with other initiatives and programs of the
Administration to ensure women are well-represented and being
served and to identify gaps where participation by women
could be increased.
``(4) Training.--The Administrator shall--
``(A) provide annual programmatic and financial examination
training for women's business center representatives and
district office technical representatives of the
Administration to enable representatives to carry out their
responsibilities;
``(B) in carrying out subparagraph (A), award grants or
enter into contracts or cooperative agreements related to
training; and
``(C) not later than September 30, 2019, develop a plan for
a professional development training program for women's
business centers, including attendance to relevant national
conferences, related to--
``(i) the managing, financing, and operation of small
business concerns;
``(ii) marketing, including the use of social media;
``(iii) management and technology assistance regarding
small business concern participation in international
markets, export promotion, and technology transfer; and
``(iv) delivery or distribution of the services and
information described in clauses (i), (ii), and (iii).
``(5) Program and transparency improvements.--The
Administrator shall maximize the transparency of the women's
business center financial assistance proposal process and the
programmatic and financial examination process by--
``(A) providing public notice of any announcement for
financial assistance under subsection (b) or a grant under
subsection (l);
``(B) in the announcement described in subparagraph (A),
outlining award and program evaluation criteria and
describing the weighting of the criteria for financial
assistance under subsection (b) and grants under subsection
(l); and
``(C) not later than 60 days after the completion of a site
visit to the women's business center (whether conducted for
an audit, performance review, or other reason), when
feasible, providing to each women's business center a copy of
any site visit reports or evaluation reports prepared by
district office technical representatives or officers or
employees of the Administration.
``(6) Accreditation program.--
``(A) Examination.--Not later than 180 days after the date
of enactment of this paragraph, the Administration shall
develop and implemental a biennial programmatic and financial
examination of each women's business center under this
section.
``(B) Accreditation.--The Administration may provide
financial support, by contract or otherwise, to the
Association of Women's Business Centers for the purpose of
developing a women's business center accreditation program.
``(C) Renewal of grant.--
``(i) In general.--In renewing a grant with respect to a
women's business center, the Administration shall consider
the results of the examination and accreditation program
conducted under subparagraphs (A) and (B).
``(ii) Accreditation requirement.--On and after the date
that is 180 days after the date of enactment of this
paragraph, the Administration may not renew a grant with
respect to a women's business center unless the women's
business center has been approved under the accreditation
program conducted pursuant to this subsection, except that
the Assistant Administrator may waive the accreditation
requirement, in the discretion of the Assistant
Administrator, upon a showing that the women's business
center is making a good faith effort to obtain
accreditation.''.
(d) Women's Business Center Program.--
(1) Women's business center financial assistance.--Section
29 of the Small Business Act (15 U.S.C. 656) is amended--
(A) in subsection (a)--
(i) by striking paragraph (4);
[[Page S3725]]
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(iii) by inserting after paragraph (1) the following:
``(2) the term `eligible entity' means--
``(A) a private nonprofit organization;
``(B) a State, regional, or local economic development
organization;
``(C) a development, credit, or finance corporation
chartered by a State;
``(D) a junior or community college, as defined in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f));
``(E) any combination of entities listed in subparagraphs
(A) through (D); and
``(F) a small business development center, only if--
``(i) the small business development center is located in a
rural area; and
``(ii) there is no women's business center in that area as
of the date on which the small business development center
submits an application for financial assistance under
subsection (f);
``(3) the term `rural area' has the meaning given the term
in section 7(m)(11);''; and
(iv) by adding at the end the following:
``(6) the term `women's business center' means a project
conducted by an eligible entity under this section.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and adjusting
the margins accordingly;
(ii) by striking ``The Administration'' and all that
follows through ``5-year projects'' and inserting the
following:
``(1) In general.--The Administration may provide financial
assistance to an eligible entity to conduct a project under
this section'';
(iii) by striking ``The projects shall'' and inserting the
following:
``(2) Use of funds.--The project shall be designed to
provide training and counseling that meets the needs of
women, especially socially or economically disadvantaged
women, and conduct outreach to and serve small business
concerns owned and controlled by women that are located in a
rural area, and shall''; and
(iv) by adding at the end the following:
``(3) Amount of financial assistance.--
``(A) In general.--Except as provided in subparagraph (B),
the amount of financial assistance provided under this
subsection to an eligible entity per project year shall be
not more than $250,000.
``(B) Additional financial assistance.--
``(i) In general.--The Administrator may award financial
assistance under this subsection to an eligible entity in an
amount that is more than $250,000 in a given project year if
the Administrator determines that the eligible entity--
``(I) obtained more than $250,000 in non-Federal
contributions for that project year in accordance with
subsection (c);
``(II) is in good standing with the women's business center
program;
``(III) has met performance goals for the previous project
year, if applicable; and
``(IV) proposes a new project to be carried out with the
additional financial assistance in accordance with this
section.
``(ii) Limitations.--The Administrator may only award
additional financial assistance under clause (i)--
``(I) from unobligated amounts made available to the
Administration to carry out this section; and
``(II) if, in a given fiscal year, the aggregate amount of
additional financial assistance provided to eligible entities
under clause (i) is not more than 1 percent of the amount
appropriated to the Administration to carry out this section
for that fiscal year.
``(4) Consultation with organizations representing women's
business centers.--The Administrator shall seek advice,
input, and recommendations for policy changes from any
organization representing a majority of women's business
centers to develop--
``(A) the training program for women's business centers
under subsection (g)(4)(C); and
``(B) recommendations to improve the policies and
procedures for governing the general operations and
administration of the women's business center program,
including grant program improvements under subsection
(g)(4).'';
(C) in subsection (c)--
(i) in paragraph (1), in the matter preceding subparagraph
(A)--
(I) by striking ``As a condition'' and inserting ``Except
as otherwise provided in this subsection, as a condition'';
and
(II) by striking ``the recipient organization'' and
inserting ``an eligible entity'';
(ii) in paragraph (3), in the second sentence, by striking
``a recipient organization'' and inserting ``an eligible
entity'';
(iii) in paragraph (4)--
(I) by striking ``recipient of assistance'' and inserting
``eligible entity'';
(II) by striking ``during any project, it shall not be
eligible thereafter'' and inserting ``during any project for
2 consecutive years, the eligible entity shall not be
eligible at any time after that 2-year period'';
(III) by striking ``such organization'' and inserting ``the
eligible entity''; and
(IV) by striking ``the recipient'' and inserting ``the
eligible entity''; and
(iv) by adding at end the following:
``(5) Separation of project and funds.--An eligible entity
shall--
``(A) carry out a project under this section separately
from other projects, if any, of the eligible entity; and
``(B) separately maintain and account for any financial
assistance under this section.
``(6) Exception for eligible entities from rural areas.--
Paragraphs (1), (2), and (4) shall not apply to an eligible
entity that is located in a rural area.
``(7) Fundraising.--The executive director or program
manager of an eligible entity designated under subsection
(f)(1)(A)(i) may dedicate not more than 5 percent of the
working hours of the executive director or program manager to
fundraise for the non-Federal contribution required under
this subsection.'';
(D) in subsection (e)--
(i) by striking ``applicant organization'' and inserting
``eligible entity'';
(ii) by striking ``a recipient organization'' and inserting
``an eligible entity''; and
(iii) by striking ``site'';
(E) by striking subsection (f) and inserting the following:
``(f) Applications and Criteria for Initial Financial
Assistance.--
``(1) Application.--Each eligible entity desiring financial
assistance under subsection (b) shall submit to the
Administrator an application that contains--
``(A) a certification that the eligible entity--
``(i) has designated an executive director or program
manager, who may be compensated using financial assistance
under subsection (b) or other sources, to manage the women's
business center for which assistance under subsection (b) is
sought;
``(ii) as a condition of receiving financial assistance
under subsection (b), agrees--
``(I) to receive a site visit at the discretion of the
Administrator as part of the final selection process;
``(II) to undergo an annual programmatic and financial
examination; and
``(III) to remedy any problems identified pursuant to the
site visit or examination under subclause (I) or (II); and
``(iii) meets the accounting and reporting requirements
established by the Director of the Office of Management and
Budget;
``(B) information demonstrating that the eligible entity
has the ability and resources to meet the needs of the market
to be served by the women's business center for which
financial assistance under subsection (b) is sought,
including the ability to obtain the non-Federal contribution
required under subsection (c);
``(C) information relating to the assistance to be provided
by the women's business center for which financial assistance
under subsection (b) is sought in the area in which the
women's business center is located;
``(D) information demonstrating the experience and
effectiveness of the eligible entity in--
``(i) conducting financial, management, and marketing
assistance programs, as described in subsection (b)(2), which
are designed to teach or upgrade the business skills of women
who are business owners or potential business owners;
``(ii) providing training and services to a representative
number of women who are socially or economically
disadvantaged; and
``(iii) working with resource partners of the
Administration and other entities, such as universities; and
``(E) a 5-year plan that describes the ability of the
women's business center for which financial assistance under
subsection (b) is sought--
``(i) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(ii) to provide training and services to a representative
number of women who are socially or economically
disadvantaged.
``(2) Review and approval of applications for initial
financial assistance.--
``(A) In general.--The Administrator shall--
``(i) review each application submitted under paragraph
(1), based on the information described in such paragraph and
the criteria set forth under subparagraph (B) of this
paragraph; and
``(ii) to the extent practicable, as part of the final
selection process, conduct a site visit to each women's
business center for which financial assistance under
subsection (b) is sought.
``(B) Selection criteria.--
``(i) In general.--The Administrator shall evaluate
applicants for financial assistance under subsection (b) in
accordance with selection criteria that are--
``(I) established before the date on which applicants are
required to submit the applications;
``(II) stated in terms of relative importance; and
``(III) publicly available and stated in each solicitation
for applications for financial assistance under subsection
(b) made by the Administrator.
``(ii) Required criteria.--The selection criteria for
financial assistance under subsection (b) shall include--
``(I) the experience of the applicant in conducting
programs or ongoing efforts designed to teach or enhance the
business skills of women who are business owners or potential
business owners;
``(II) the ability of the applicant to begin a project
within a minimum amount of time, as established under the
program announcement or by regulation;
``(III) the ability of the applicant to provide training
and services to a representative
[[Page S3726]]
number of women who are socially or economically
disadvantaged;
``(IV) the ability of the applicant to successfully
complete participation in the training program developed
under subsection (g)(4)(C);
``(V) the ability of the applicant to successfully acquire
accreditation under the accreditation program developed under
subsection (g)(6);
``(VI) whether the women's business center proposed by the
applicant will be sustainable for more than a 5-year period;
and
``(VII) the location for the women's business center
proposed by the applicant, including whether the applicant is
located in an area in which--
``(aa) women are underserved; or
``(bb) significant groups of women are underserved due to
language or other social, cultural, and economic barriers.
``(iii) Priority.--The Administrator shall give priority to
applications submitted by applicants that are located in a
rural area.
``(C) Proximity.--If the principal place of business of an
applicant for financial assistance under subsection (b) is
located less than 50 miles from the principal place of
business of a women's business center that received funds
under this section on or before the date of the application,
the applicant shall not be eligible for the financial
assistance, unless the applicant--
``(i) submits a detailed written justification of the need
for an additional women's business center in the area in
which the applicant is located, including information
demonstrating that the applicant is not providing services
that are redundant or duplicative of those provided by that
existing or current women's business center;
``(ii) submits a detailed plan for how the applicant plans
to reach clients outside of the geographic area in which the
existing or current women's business center is located; and
``(iii) demonstrates that the applicant has a pre-existing
presence in other parts of the geographic area in which the
existing or current women's business center is located.
``(D) Record retention.--
``(i) In general.--The Administrator shall maintain a copy
of each application submitted under this subsection for not
less than 5 years.
``(ii) Paperwork reduction.--The Administrator shall take
steps to reduce, to the maximum extent practicable, the
paperwork burden associated with carrying out clause (i).'';
(F) in subsection (j)(2)--
(i) in subparagraph (E), by striking ``and'' at the end;
(ii) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) an analysis of the effectiveness of the women's
business center in serving business concerns that are located
in a rural area.''; and
(G) in subsection (m)--
(i) by striking paragraph (3) and inserting the following:
``(3) Application and approval for renewal grants.--
``(A) Solicitation of applications.--The Administrator
shall solicit applications and award grants under this
subsection for the first fiscal year beginning after the date
of enactment of the Women's Small Business Ownership Act of
2018, and every third fiscal year thereafter.
``(B) Contents of application.--Each eligible entity
desiring a grant under this subsection shall submit to the
Administrator an application that contains--
``(i) a certification that the applicant--
``(I) is an eligible entity;
``(II) has designated an executive director or program
manager to manage the women's business center operated by the
applicant; and
``(III) as a condition of receiving a grant under this
subsection, agrees--
``(aa) to receive a site visit as part of the final
selection process, at the discretion of the Administrator;
and
``(bb) to remedy any problem identified pursuant to the
site visit under item (aa);
``(ii) information demonstrating that the applicant has the
ability and resources to meet the needs of the market to be
served by the women's business center for which a grant under
this subsection is sought, including the ability to obtain
the non-Federal contribution required under paragraph (4)(C);
``(iii) information relating to assistance to be provided
by the women's business center in the geographic area served
by the women's business center for which a grant under this
subsection is sought;
``(iv) information demonstrating that the applicant is not
providing services redundant or duplicative of those provided
by a women's business center receiving funds under this
subsection that is located less than 50 miles from the
principal place of business of the applicant;
``(v) information demonstrating that the applicant has
worked with resource partners of the Administration and other
entities;
``(vi) a 3-year plan that describes the services provided
by the women's business center for which a grant under this
subsection is sought--
``(I) to serve women who are business owners or potential
business owners by conducting training and counseling
activities; and
``(II) to provide training and services to a representative
number of women who are socially or economically
disadvantaged; and
``(vii) any additional information that the Administrator
may reasonably require.
``(C) Review and approval of applications for grants.--
``(i) In general.--The Administrator--
``(I) shall review each application submitted under
subparagraph (B), based on the information described in such
subparagraph and the criteria set forth under clause (ii) of
this subparagraph; and
``(II) as part of the final selection process, may, at the
discretion of the Administrator, conduct a site visit to each
women's business center for which a grant under this
subsection is sought, in particular to evaluate the women's
business center using the selection criteria described in
clause (ii)(II).
``(ii) Selection criteria.--
``(I) In general.--The Administrator shall evaluate
applicants for grants under this subsection in accordance
with selection criteria that are--
``(aa) established before the date on which applicants are
required to submit the applications;
``(bb) stated in terms of relative importance; and
``(cc) publicly available and stated in each solicitation
for applications for grants under this subsection made by the
Administrator.
``(II) Required criteria.--The selection criteria for a
grant under this subsection shall include--
``(aa) the total number of entrepreneurs served by the
applicant;
``(bb) the total number of new startup companies assisted
by the applicant;
``(cc) the percentage of clients of the applicant that are
socially or economically disadvantaged;
``(dd) the percentage of individuals in the community
served by the applicant who are socially or economically
disadvantaged;
``(ee) the successful participation of the applicant in the
training program developed under subsection (g)(4)(C);
``(ff) the successful accreditation of the applicant under
the accreditation program developed under subsection (g)(6);
and
``(gg) any additional criteria that the Administrator may
reasonably require.
``(iii) Conditions for continued funding.--In determining
whether to make a grant under this subsection, the
Administrator--
``(I) shall consider the results of the most recent
evaluation of the women's business center for which a grant
under this subsection is sought, and, to a lesser extent,
previous evaluations; and
``(II) may withhold a grant under this subsection, if the
Administrator determines that the applicant has failed to
provide the information required to be provided under this
paragraph, or the information provided by the applicant is
inadequate.
``(iv) Priority.--The Administrator shall give priority to
applications submitted by applicants that are located in a
rural area.
``(D) Notification.--Not later than 60 days after the date
of each deadline to submit applications under this paragraph,
the Administrator shall approve or deny each submitted
application and notify the applicant for each such
application of the approval or denial.
``(E) Record retention.--
``(i) In general.--The Administrator shall maintain a copy
of each application submitted under this paragraph for not
less than 5 years.
``(ii) Paperwork reduction.--The Administrator shall take
steps to reduce, to the maximum extent practicable, the
paperwork burden associated with carrying out clause (i).'';
and
(ii) by striking paragraph (5) and inserting the following:
``(5) Award to previous recipients.--There shall be no
limitation on the number of times the Administrator may award
a grant to an applicant under this subsection.''.
(2) Technical and conforming amendments.--Section 29 of the
Small Business Act (15 U.S.C. 656) is amended--
(A) in subsection (h)(2), by striking ``to award a contract
(as a sustainability grant) under subsection (l) or'';
(B) in subsection (j)(1), by striking ``The
Administration'' and inserting ``Not later than November 1 of
each year, the Administrator'';
(C) in subsection (k)--
(i) by striking paragraphs (1) and (4);
(ii) by redesignating paragraph (3) as paragraph (4);
(iii) by inserting before paragraph (2) the following:
``(1) In general.--There are authorized to be appropriated
to the Administration to carry out this section, to remain
available until expended, $21,750,000 for each of fiscal
years 2019 through 2023.'';
(iv) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Exceptions.--Of the amount made available under this
subsection for a fiscal year, the following amounts shall be
available for selection panel costs, costs associated with
developing and maintaining a training program, costs
associated with maintaining an accreditation program, post-
award conference costs, and costs related to monitoring and
oversight:
``(i) For fiscal year 2019, 2.65 percent.
``(ii) For each of fiscal years 2020 through 2023, 2.5
percent.''; and
(v) by inserting after paragraph (2) the following:
``(3) Continuing grant and cooperative agreement
authority.--
[[Page S3727]]
``(A) Prompt disbursement.--Upon receiving funds to carry
out this section for a fiscal year, the Administrator shall,
to the extent practicable, promptly reimburse funds to any
women's business center awarded financial assistance under
this section if the center meets the eligibility requirements
under this section.
``(B) Suspension or termination.--If the Administrator has
entered into a grant or cooperative agreement with a women's
business center under this section, the Administrator may not
suspend or terminate the grant or cooperative agreement,
unless the Administrator--
``(i) provides the women's business center with written
notification setting forth the reasons for that action; and
``(ii) affords the women's business center an opportunity
for a hearing, appeal, or other administrative proceeding
under chapter 5 of title 5, United States Code.'';
(D) in subsection (m)--
(i) in paragraph (2), by striking ``subsection (b) or (l)''
and inserting ``this subsection or subsection (b)''; and
(ii) in paragraph (4)(D), by striking ``or subsection
(l)''; and
(E) by redesignating subsections (m), (n), and (o), as
amended by this section, as subsections (l), (m), and (n),
respectively.
(3) Effect on existing grants.--
(A) Terms and conditions.--A nonprofit organization
receiving a grant under section 29(m) of the Small Business
Act (15 U.S.C. 656(m)), as in effect on the day before the
date of enactment of this Act, shall continue to receive the
grant under the terms and conditions in effect for the grant
on the day before the date of enactment of this Act, except
that the nonprofit organization may not apply for a renewal
of the grant under section 29(m)(5) of the Small Business Act
(15 U.S.C. 656(m)(5)), as in effect on the day before the
date of enactment of this Act.
(B) Length of renewal grant.--The Administrator may award a
grant under section 29(l) of the Small Business Act, as so
redesignated by paragraph (2)(E) of this section, to a
nonprofit organization receiving a grant under section 29(m)
of the Small Business Act (15 U.S.C. 656(m)), as in effect on
the day before the date of enactment of this Act, for the
period--
(i) beginning on the day after the last day of the grant
agreement under such section 29(m); and
(ii) ending at the end of the third fiscal year beginning
after the date of enactment of this Act.
(e) Matching Requirements Under Women's Business Center
Program.--
(1) In general.--Section 29(c) of the Small Business Act
(15 U.S.C. 656(c)), as amended by subsection (d)(1)(C), is
amended--
(A) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (6), as a condition''; and
(B) by adding at the end the following:
``(8) Waiver of non-federal share.--
``(A) In general.--Upon request by an eligible entity, and
in accordance with this paragraph, the Administrator may
waive, in whole or in part, the requirement to obtain non-
Federal funds under this subsection for counseling and
training activities of the eligible entity carried out using
financial assistance under this section for a fiscal year.
The Administrator may not waive the requirement for an
eligible entity to obtain non-Federal funds under this
paragraph for more than a total of 2 consecutive fiscal
years.
``(B) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this paragraph,
the Administrator shall consider--
``(i) the economic conditions affecting the eligible
entity;
``(ii) the impact a waiver under this paragraph would have
on the credibility of the women's business center program
under this section;
``(iii) the demonstrated ability of the eligible entity to
raise non-Federal funds; and
``(iv) the performance of the eligible entity.
``(C) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this paragraph
if granting the waiver would undermine the credibility of the
women's business center program under this section.
``(9) Solicitation.--Notwithstanding any other provision of
law, an eligible entity may--
``(A) solicit cash and in-kind contributions from private
individuals and entities to be used to carry out the
activities of the eligible entity under the project conducted
under this section; and
``(B) use amounts made available by the Administration
under this section for the cost of such solicitation and
management of the contributions received.
``(10) Excess non-federal dollars.--The amount of non-
Federal dollars obtained by an eligible entity that is above
the amount that is required to be obtained by the eligible
entity under this subsection and is not used as matching
funds for purposes of implementing the women's business
center program under this section shall not be subject to the
requirements of part 200 of title 2, Code of Federal
Regulations, or any successor thereto.''.
(2) Regulations.--
(A) In general.--The Administrator shall--
(i) except as provided in subparagraph (B), and not later
than 1 year after the date of enactment of this Act, publish
in the Federal Register proposed regulations by the
Administrator to carry out the amendments made to section 29
of the Small Business Act (15 U.S.C. 656) by this section;
and
(ii) accept public comments on such proposed regulations
for not less than 60 days.
(B) Existing proposed regulations.--Subparagraph (A)(i)
shall not apply to the extent proposed regulations by the
Administrator have been published on the date of enactment of
this Act that are sufficient to carry out the amendments made
to section 29 of the Small Business Act (15 U.S.C. 656) by
this section.
(f) Pilot Program.--
(1) Definition of covered entity.--In this subsection, the
term ``covered entity'' means a private entity that
specializes in matching entrepreneurs with successful mentors
using an algorithm and methodology that removes any
demographic bias.
(2) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall establish a
program under which the Administrator shall enter into a
contract with a covered entity to implement an online
mentoring program to connect owners of small business
concerns owned and controlled by women that are located
throughout the United States with relevant mentors to assist
in building successful small business concerns.
(3) Eligible activities.--Under the program established
under this subsection, the covered entity with which the
Administrator contracts under paragraph (2) shall--
(A) enroll owners of small business concerns owned and
controlled by women in the program, match those owners with
mentors, and track the progress of those concerns;
(B) develop an online marketing campaign to attract owners
of small business concerns owned and controlled by women and
mentors to participate in the program; and
(C) grow and scale the program to reach increasing numbers
of owners of small business concerns owned and control by
women.
(4) Duration.--The program established under this
subsection shall terminate on the date that is 2 years after
the date on which the Administrator establishes the program.
(5) Appropriations.--For each of fiscal years 2019 and
2020, out of any unobligated balances made available to the
Administration under the heading ``ENTREPRENEURIAL
DEVELOPMENT PROGRAMS'', the Administrator shall allocate
$1,500,000 to carry out the program established under this
subsection.
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