[Congressional Record Volume 164, Number 99 (Thursday, June 14, 2018)]
[Senate]
[Pages S3956-S3957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2902. 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 section 1713, strike the closing quotation 
     marks and period and insert the following:
       ``(4) Disclosure by congress.--Nothing in this subsection 
     shall be construed to prevent disclosure by either House of 
     Congress.''.

     SEC. 1714. INFORMATION SHARING BY CONGRESS.

       Section 721(g)(2)(A) of the Defense Production Act of 1950 
     (50 U.S.C. 4565(g)(2)(A)) is amended by striking the second 
     sentence.
                                 ______
                                 
  SA 2903. Mr. YOUNG (for himself and Ms. Warren) 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. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNTABILITY 
                   OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS; 
                   AGENCY STATEMENTS.

       (a) Definition.--In this section, the term ``agency'' 
     means--
       (1) a designated Federal entity, as defined in section 
     8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. 
     App.); and
       (2) an establishment, as defined in section 12(2) of the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (b) Required Reports.--In the annual budget justification 
     submitted to Congress, as submitted with the budget of the 
     President under section 1105 of title 31, United States Code, 
     each agency shall include--
       (1) a report listing each public recommendation of the 
     Government Accountability Office that has been designated, 
     such as through a priority recommendation letter, by the 
     Comptroller General of the United States or a designee 
     thereof as warranting priority attention, and is further 
     designated by the Government Accountability Office as 
     ``open'' or ``closed, unimplemented'' as of the date on which 
     the annual budget justification is submitted;
       (2) a report listing each public recommendation for 
     corrective action from the Office of Inspector General of the 
     agency for which no final action has been taken as of the 
     date on which the annual budget justification is submitted; 
     and
       (3) a report on the implementation status of each public 
     recommendation described in paragraphs (1) and (2), which 
     shall include--
       (A) with respect to a public recommendation that is 
     designated by the Government Accountability Office as 
     warranting priority attention and as ``open'' or ``closed, 
     unimplemented''--
       (i) that the agency has decided not to implement, a 
     detailed justification for the decision; or
       (ii) that the agency has decided to adopt, a timeline for 
     full implementation;
       (B) with respect to a public recommendation for corrective 
     action from the Office of Inspector General of the agency for 
     which no final action or action not recommended has been 
     taken, an explanation of the reasons why no final action or 
     action not recommended was taken with respect to each audit 
     report to which the public recommendation for corrective 
     action pertains;
       (C) with respect to an outstanding unimplemented public 
     recommendation from the Office of Inspector General of the 
     agency that the agency has decided to adopt, a timeline for 
     implementation; and
       (D) an explanation for any discrepancy between--
       (i) the reports submitted under paragraphs (1) and (2);
       (ii) the semiannual reports submitted by the Office of 
     Inspector General of the agency under section 5 of the 
     Inspector General Act of 1978 (5 U.S.C. App.); and
       (iii) reports submitted by the Government Accountability 
     Office relating to public recommendations that are designated 
     by the Government Accountability Office as warranting 
     priority attention and as ``open'' or ``closed, 
     unimplemented''.
       (c) Copies of Submissions.--Each agency shall provide a 
     copy of the information submitted under subsection (b) to the 
     Government Accountability Office and the Office of Inspector 
     General of the agency.
       (d) Timeline for Agency Statements.--Section 720(b) of 
     title 31, United States Code, is amended--
       (1) in paragraph (1), by striking ``61st'' and inserting 
     ``181st''; and
       (2) in paragraph (2), by striking ``60'' and inserting 
     ``180''.
                                 ______
                                 
  SA 2904. Mr. SANDERS 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, add the following:

     SEC. 12__. RULE OF CONSTRUCTION.

       Nothing in this Act, or the amendments made by this Act, 
     shall be construed as authorizing the use of force against 
     Iran.
                                 ______
                                 
  SA 2905. Mr. SANDERS (for himself, Mr. Grassley, and 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 end of subtitle A of title X, add the following:

     SEC. 1006. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE 
                   ABSENCE OF AN UNQUALIFIED AUDIT OPINION.

       If during any fiscal year after fiscal year 2022, the 
     Secretary of Defense determines that a department, agency, or 
     other element of the Department of Defense has not achieved 
     an unqualified opinion on its full financial statements for 
     the calendar year ending during such fiscal year--
       (1) the amount available to such department, agency, or 
     element for the fiscal year

[[Page S3957]]

     in which such determination is made shall be equal to--
       (A) the amount otherwise authorized to be appropriated for 
     such department, agency, or element for the fiscal year; 
     minus, in a manner taken proportionally from each program, 
     project, and activity of such department, agency, or element
       (B) the lesser of--
       (i) an amount equal to 0.5 percent of the amount described 
     in subparagraph (A); or
       (ii) $100,000,000; and
       (2) the Secretary shall deposit in the general fund of the 
     Treasury for purposes of deficit reduction all amounts 
     unavailable to departments, agencies, and elements of the 
     Department in the fiscal year pursuant to determinations made 
     under paragraph (1).
                                 ______
                                 
  SA 2906. Mr. DURBIN 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 6202.

                                 ______
                                 
  SA 2907. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the 
resolution S. Res. 503, commemorating the tricentennial of the City of 
San Antonio, Texas; as follows:

       Strike the 18th whereas clause and insert the following:
       Whereas San Antonio has been home to several notable 
     individuals, including President Dwight D. Eisenhower, 
     President Lyndon B. Johnson, President Theodore Roosevelt, 
     Congressman David Crockett, Congressman Garlington Jerome 
     Sutton, General Douglas MacArthur, General Jimmy Doolittle, 
     Colonel James Bowie, Lieutenant Colonel Ed White, Master 
     Sergeant Raul Perez Benavidez, Charles Lindbergh, Joan 
     Crawford, Johnny Cash, Rosita Fernandez, and Santiago 
     Jimenez;
                                 ______
                                 
  SA 2908. Ms. BALDWIN 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 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 section 8127 of title 38 
     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 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 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.''.

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