[Congressional Record (Bound Edition), Volume 163 (2017), Part 9]
[Senate]
[Pages 12399-12404]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 734. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 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. __. PERMANENT RESIDENT STATUS FOR LUIS BARRIOS, VALENT 
                   KOLAMI, NURY CHAVARRIA, AND JOEL COLINDRES.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Luis Barrios, Valent Kolami, Nury Chavarria, and Joel 
     Colindres shall each be eligible for issuance of an immigrant 
     visa or for adjustment of status to that of an alien lawfully 
     admitted for permanent residence upon filing an application 
     for issuance of an immigrant visa under section 204 of such 
     Act (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Luis Barrios, Valent Kolami, 
     Nury Chavarria, or Joel Colindres enters the United States 
     before the filing deadline specified in subsection (c), Luis 
     Barrios, Valent Kolami, Nury Chavarria, or Joel Colindres, as 
     applicable, shall be considered to have entered and remained 
     lawfully in the United States and shall be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Luis Barrios, 
     Valent Kolami, Nury Chavarria, or Joel Colindres, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Luis Barrios, 
     Valent Kolami, Nury Chavarria, or Joel Colindres, as 
     applicable, under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) the total number of immigrant visas that are made 
     available to natives of the country of birth of Luis Barrios, 
     Valent Kolami, Nury Chavarria, or Joel Colindres, as 
     applicable, under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 735. Mr. DONNELLY (for himself, Ms. Baldwin, Ms. Stabenow, Mrs. 
Gillibrand, and Mr. Brown) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, to authorize appropriations for 
fiscal year 2018 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 VIII, add the following:

                    Subtitle K--End Outsourcing Act

     SEC. 899D. SHORT TITLE.

       This subtitle may be cited as the ``End Outsourcing Act''.

     SEC. 899E. OUTSOURCING STATEMENT IN WORKER ADJUSTMENT AND 
                   RETRAINING NOTICE.

       (a) Outsourcing Statement.--Section 3 of the Worker 
     Adjustment and Retraining Notification Act (29 U.S.C. 2102) 
     is amended by adding at the end the following:
       ``(e) Outsourcing Statement.--
       ``(1) In general.--For purposes of subsection (a), the 
     employer shall include an outsourcing statement in the notice 
     described in that subsection. The outsourcing statement shall 
     specify whether part or all of the positions held by affected 
     employees covered by subsection (a) will be moved to a 
     country outside the United States, regardless of whether the 
     positions are moved within the business enterprise involved 
     or to another business enterprise. The employer shall make 
     the determination of whether the positions are being so moved 
     in accordance

[[Page 12400]]

     with regulations issued by the Secretary. The employer shall 
     serve the notice as required under subsection (a) and submit 
     the notice to the Secretary of Labor.
       ``(2) List.--Not less often than annually, the Secretary 
     shall publish and make available on the website of the 
     Department of Labor, a list including each employer who--
       ``(A) has included an outsourcing statement in a notice 
     under paragraph (1); or
       ``(B) has incurred liability under section 5, in part or in 
     whole, because the employer ordered a plant closing or mass 
     layoff without having served a notice that is required, under 
     this section, to include an outsourcing statement.''.
       (b) Implementation Report.--The Worker Adjustment and 
     Retraining Notification Act is amended by inserting after 
     section 10 (29 U.S.C. 2109) the following:

     ``SEC. 10A. IMPLEMENTATION STUDY.

       ``(a) Study.--The Comptroller General of the United States 
     shall conduct a study of the implementation of section 3(e) 
     of the Worker Adjustment and Retraining Notification Act (29 
     U.S.C. 2102(e)) by the Department of Labor.
       ``(b) Report.--Not later than 3 years after the date of 
     enactment of this section, the Comptroller General shall 
     submit to the appropriate committees of Congress a report 
     containing the results of the study.''.

     SEC. 899F. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES.

       (a) In General.--Part IX of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 280I. OUTSOURCING EXPENSES.

       ``(a) In General.--No deduction otherwise allowable under 
     this chapter shall be allowed for any specified outsourcing 
     expense.
       ``(b) Specified Outsourcing Expense.--For purposes of this 
     section--
       ``(1) In general.--The term `specified outsourcing expense' 
     means--
       ``(A) any eligible expense paid or incurred by the taxpayer 
     in connection with the elimination of any business unit of 
     the taxpayer (or of any member of any expanded affiliated 
     group in which the taxpayer is also a member) located within 
     the United States, and
       ``(B) any eligible expense paid or incurred by the taxpayer 
     in connection with the establishment of any business unit of 
     the taxpayer (or of any member of any expanded affiliated 
     group in which the taxpayer is also a member) located outside 
     the United States,

     if such establishment constitutes the relocation of the 
     business unit so eliminated. For purposes of the preceding 
     sentence, a relocation shall not be treated as failing to 
     occur merely because such elimination occurs in a different 
     taxable year than such establishment.
       ``(2) Eligible expenses.--The term `eligible expenses' 
     means--
       ``(A) any amount for which a deduction is allowed to the 
     taxpayer under section 162, and
       ``(B) permit and license fees, lease brokerage fees, 
     equipment installation costs, and, to the extent provided by 
     the Secretary, other similar expenses.

     Such term does not include any compensation which is paid or 
     incurred in connection with severance from employment and, to 
     the extent provided by the Secretary, any similar amount.
       ``(3) Business unit.--The term `business unit' means--
       ``(A) any trade or business, and
       ``(B) any line of business, or functional unit, which is 
     part of any trade or business.
       ``(4) Expanded affiliated group.--The term `expanded 
     affiliated group' means an affiliated group as defined in 
     section 1504(a), determined without regard to section 
     1504(b)(3) and by substituting `more than 50 percent' for `at 
     least 80 percent' each place it appears in section 1504(a). A 
     partnership or any other entity (other than a corporation) 
     shall be treated as a member of an expanded affiliated group 
     if such entity is controlled (within the meaning of section 
     954(d)(3)) by members of such group (including any entity 
     treated as a member of such group by reason of this 
     paragraph).
       ``(5) Operating expenses not taken into account.--Any 
     amount paid or incurred in connection with the ongoing 
     operation of a business unit shall not be treated as an 
     amount paid or incurred in connection with the establishment 
     or elimination of such business unit.
       ``(c) Special Rules.--
       ``(1) Application to deductions for depreciation and 
     amortization.--In the case of any portion of a specified 
     outsourcing expense which is not deductible in the taxable 
     year in which paid or incurred, such portion shall neither be 
     chargeable to capital account nor amortizable.
       ``(2) Possessions treated as part of the united states.--
     For purposes of this section, the term `United States' shall 
     be treated as including each possession of the United States 
     (including the Commonwealth of Puerto Rico and the 
     Commonwealth of the Northern Mariana Islands).
       ``(d) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including regulations which provide (or create a rebuttable 
     presumption) that certain establishments of business units 
     outside the United States will be treated as relocations 
     (based on timing or such other factors as the Secretary may 
     provide) of business units eliminated within the United 
     States.''.
       (b) Limitation on Subpart F Income of Controlled Foreign 
     Corporations Determined Without Regard to Specified 
     Outsourcing Expenses.--Subsection (c) of section 952 of such 
     Code is amended by adding at the end the following new 
     paragraph:
       ``(4) Earnings and profits determined without regard to 
     specified outsourcing expenses.--For purposes of this 
     subsection, earnings and profits of any controlled foreign 
     corporation shall be determined without regard to any 
     specified outsourcing expense (as defined in section 
     280I(b)).''.
       (c) Clerical Amendment.--The table of sections for part IX 
     of subchapter B of chapter 1 of such Code is amended by 
     adding at the end the following new item:

``Sec. 280I. Outsourcing expenses.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.

     SEC. 899G. DENIAL OF CERTAIN DEDUCTIONS AND ACCOUNTING 
                   METHODS FOR OUTSOURCING EMPLOYERS.

       (a) In General.--Part IX of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 280J. LIMITATIONS FOR OUTSOURCING EMPLOYERS.

       ``(a) In General.--During the disallowance period, an 
     applicable taxpayer--
       ``(1) shall not be allowed any deduction under section 199 
     for any income of the taxpayer,
       ``(2) may not use the method provided in section 472(b) in 
     inventorying goods,
       ``(3) may not use the lower of cost or market method of 
     determining inventories for purposes of determining income, 
     and
       ``(4) shall not be allowed any deduction under section 163 
     for interest paid or accrued on indebtedness.
       ``(b) Applicable Taxpayer.--For purposes of subsection (a), 
     the term `applicable taxpayer' means a taxpayer which--
       ``(1) during the taxable year, has served written notice 
     under subsection (a) of section 3 of the Worker Adjustment 
     and Retraining Notification Act which includes an outsourcing 
     statement described in subsection (e) of such section, and
       ``(2) the cumulative employment loss (excluding any part-
     time employees) for positions at facilities owned by such 
     taxpayer which will be moved to a country outside of the 
     United States, as determined pursuant to any outsourcing 
     statements served by such taxpayer during such taxable year, 
     exceeds 50 employees.
       ``(c) Disallowance Period.--For purposes of subsection (a), 
     the disallowance period is the period of 3 taxable years 
     after the taxable year in which the statements described in 
     subsection (b)(2) are required to be served.
       ``(d) Expanded Affiliated Group Treated as Single 
     Taxpayer.--For purposes of this section, the members of an 
     expanded affiliated group (as defined in section 280I(b)(4)) 
     shall be treated as a single taxpayer.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section.''.
       (b) Clerical Amendment.--The table of sections for part IX 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 280J. Limitations for outsourcing employers.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 899H. RECAPTURE OF CREDITS FOR OUTSOURCING EMPLOYERS.

       (a) In General.--Part IV of subchapter A of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new subpart:

      ``Subpart K--Recapture of Credits for Outsourcing Employers

``Sec. 54BB. Recapture of credits for outsourcing employers.

     ``SEC. 54BB. RECAPTURE OF CREDITS FOR OUTSOURCING EMPLOYERS.

       ``(a) In General.--Pursuant to regulations prescribed by 
     the Secretary, in the case of a taxpayer which owns a 
     facility for which there is an outsourcing event during the 
     taxable year, the tax under this chapter for such taxable 
     year shall be increased by the amount equal to the sum of--
       ``(1) any credits allowed under this chapter relating to 
     expenses for design, construction, operation, or maintenance 
     of such facility during the 5 taxable years preceding such 
     taxable year, and
       ``(2) any grants provided by the Secretary in lieu of 
     credits described in paragraph (1) during the 5 taxable years 
     preceding such taxable year.
       ``(b) Outsourcing Event.--For purposes of subsection (a), 
     the term `outsourcing event' means a plant closing or mass 
     layoff (as described in section 2(a) of the Worker Adjustment 
     and Retraining Notification Act) in

[[Page 12401]]

     which the employment loss (excluding any part-time employees) 
     for positions which will be moved to a country outside of the 
     United States, as determined pursuant to the outsourcing 
     statement (as described in paragraph (1) of such section 3(e) 
     of such Act) served by the taxpayer during the taxable year, 
     exceeds 50 employees.
       ``(c) Expanded Affiliated Group Treated as Single 
     Taxpayer.--For purposes of this section, the members of an 
     expanded affiliated group (as defined in section 280I(b)(4)) 
     shall be treated as a single taxpayer.''.
       (b) Clerical Amendment.--The table of subparts for part IV 
     of subchapter A of chapter 1 of such Code is amended by 
     adding at the end the following new item:

     ``subpart k. recapture of credits for outsourcing employers''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 899I. CREDIT FOR INSOURCING EXPENSES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45S. CREDIT FOR INSOURCING EXPENSES.

       ``(a) In General.--For purposes of section 38, the 
     insourcing expenses credit for any taxable year is an amount 
     equal to 20 percent of the eligible insourcing expenses of 
     the taxpayer which are taken into account in such taxable 
     year under subsection (d).
       ``(b) Eligible Insourcing Expenses.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible insourcing expenses' 
     means--
       ``(A) eligible expenses paid or incurred by the taxpayer in 
     connection with the elimination of any business unit of the 
     taxpayer (or of any member of any expanded affiliated group 
     in which the taxpayer is also a member) located outside the 
     United States, and
       ``(B) eligible expenses paid or incurred by the taxpayer in 
     connection with the establishment of any business unit of the 
     taxpayer (or of any member of any expanded affiliated group 
     in which the taxpayer is also a member) located within--
       ``(i) a HUBZone (as defined in section 3(p)(2) of the Small 
     Business Act (15 U.S.C. 632(p)(2))), or
       ``(ii) a low-income community (as described in section 
     45D(e)),

     if such establishment constitutes the relocation of the 
     business unit so eliminated. For purposes of the preceding 
     sentence, a relocation shall not be treated as failing to 
     occur merely because such elimination occurs in a different 
     taxable year than such establishment.
       ``(2) Eligible expenses.--The term `eligible expenses' 
     means--
       ``(A) any amount for which a deduction is allowed to the 
     taxpayer under section 162, and
       ``(B) permit and license fees, lease brokerage fees, 
     equipment installation costs, and, to the extent provided by 
     the Secretary, other similar expenses.

     Such term does not include any compensation which is paid or 
     incurred in connection with severance from employment and, to 
     the extent provided by the Secretary, any similar amount.
       ``(3) Business unit.--The term `business unit' means--
       ``(A) any trade or business, and
       ``(B) any line of business, or functional unit, which is 
     part of any trade or business.
       ``(4) Expanded affiliated group.--The term `expanded 
     affiliated group' means an affiliated group as defined in 
     section 1504(a), determined without regard to section 
     1504(b)(3) and by substituting `more than 50 percent' for `at 
     least 80 percent' each place it appears in section 1504(a). A 
     partnership or any other entity (other than a corporation) 
     shall be treated as a member of an expanded affiliated group 
     if such entity is controlled (within the meaning of section 
     954(d)(3)) by members of such group (including any entity 
     treated as a member of such group by reason of this 
     paragraph).
       ``(5) Expenses must be pursuant to insourcing plan.--
     Amounts shall be taken into account under paragraph (1) only 
     to the extent that such amounts are paid or incurred pursuant 
     to a written plan to carry out the relocation described in 
     paragraph (1).
       ``(6) Operating expenses not taken into account.--Any 
     amount paid or incurred in connection with the on-going 
     operation of a business unit shall not be treated as an 
     amount paid or incurred in connection with the establishment 
     or elimination of such business unit.
       ``(c) Increased Domestic Employment Requirement.--No credit 
     shall be allowed under this section unless the number of 
     full-time equivalent employees of the taxpayer for the 
     taxable year for which the credit is claimed exceeds the 
     number of full-time equivalent employees of the taxpayer for 
     the last taxable year ending before the first taxable year in 
     which such eligible insourcing expenses were paid or 
     incurred. For purposes of this subsection, full-time 
     equivalent employees has the meaning given such term under 
     section 45R(d) (and the applicable rules of section 45R(e)). 
     All employers treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer for purposes of this subsection.
       ``(d) Credit Allowed Upon Completion of Insourcing Plan.--
       ``(1) In general.--Except as provided in paragraph (2), 
     eligible insourcing expenses shall be taken into account 
     under subsection (a) in the taxable year during which the 
     plan described in subsection (b)(5) has been completed and 
     all eligible insourcing expenses pursuant to such plan have 
     been paid or incurred.
       ``(2) Election to apply employment test and claim credit in 
     first full taxable year after completion of plan.--If the 
     taxpayer elects the application of this paragraph, eligible 
     insourcing expenses shall be taken into account under 
     subsection (a) in the first taxable year after the taxable 
     year described in paragraph (1).
       ``(e) Possessions Treated as Part of the United States.--
     For purposes of this section, the term `United States' shall 
     be treated as including each possession of the United States 
     (including the Commonwealth of Puerto Rico and the 
     Commonwealth of the Northern Mariana Islands).
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section.''.
       (b) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38 of such Code is amended by 
     striking ``plus'' at the end of paragraph (35), by striking 
     the period at the end of paragraph (36) and inserting ``, 
     plus'', and by adding at the end the following new paragraph:
       ``(37) the insourcing expenses credit determined under 
     section 45S(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45S. Credit for insourcing expenses.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.
       (e) Application to United States Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possessions.--The Secretary of the Treasury 
     shall make periodic payments to each possession of the United 
     States with a mirror code tax system in an amount equal to 
     the loss to that possession by reason of section 45S of the 
     Internal Revenue Code of 1986. Such amount shall be 
     determined by the Secretary of the Treasury based on 
     information provided by the government of the respective 
     possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     make annual payments to each possession of the United States 
     which does not have a mirror code tax system in an amount 
     estimated by the Secretary of the Treasury as being equal to 
     the aggregate benefits that would have been provided to 
     residents of such possession by reason of section 45S of such 
     Code if a mirror code tax system had been in effect in such 
     possession. The preceding sentence shall not apply with 
     respect to any possession of the United States unless such 
     possession has a plan, which has been approved by the 
     Secretary of the Treasury, under which such possession will 
     promptly distribute such payment to the residents of such 
     possession.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes under section 45S of such Code to any 
     person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of such section, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B).
       (3) Definitions and special rules.--
       (A) Possessions of the united states.--For purposes of this 
     section, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this section, 
     the term ``mirror code tax system'' means, with respect to 
     any possession of the United States, the income tax system of 
     such possession if the income tax liability of the residents 
     of such possession under such system is determined by 
     reference to the income tax laws of the United States as if 
     such possession were the United States.
       (C) Treatment of payments.--For purposes of section 
     1324(b)(2) of title 31, United States Code, the payments 
     under this section shall be treated in the same manner as a 
     refund due from sections referred to in such section 
     1324(b)(2).

     SEC. 899J. AUTHORITY FOR FEDERAL CONTRACTING OFFICERS TO TAKE 
                   THE OUTSOURCING OF JOBS FROM THE UNITED STATES 
                   INTO ACCOUNT IN AWARDING CONTRACTS.

       (a) Department of Defense and Related Agency Contracts.--
       (1) Consideration of outsourcing.--
       (A) In general.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2327 the 
     following new section:

     ``Sec. 2327a. Contracts: consideration of outsourcing of jobs

       ``(a) Disclosure of Outsourcing of Jobs.--

[[Page 12402]]

       ``(1) In general.--The head of an agency shall require a 
     contractor that submits a bid or proposal in response to a 
     solicitation issued by the agency to disclose in that bid or 
     proposal if the contractor, or a subsidiary of the 
     contractor, owns a facility for which there is an outsourcing 
     event during the three-year period ending on the date of the 
     submittal of the bid or proposal.
       ``(2) Outsourcing event.--For purposes of paragraph (1), 
     the term `outsourcing event' means a plant closing or mass 
     layoff (as described in section 2(a) of the Worker Adjustment 
     and Retraining Notification Act) in which the employment loss 
     (excluding any part-time employees) for positions which will 
     be moved to a country outside of the United States, as 
     determined pursuant to the outsourcing statement (as 
     described in paragraph (1) of such section 3(e) of such Act) 
     served by the taxpayer during the taxable year, exceeds 50 
     employees.
       ``(b) Consideration Authorized.--(1) Agency contracting 
     officers considering bids or proposals in response to a 
     solicitation issued by the agency may take into account any 
     disclosure made pursuant to subsection (a) in such bids and 
     proposals.
       ``(2) The head of an agency may establish a negative 
     preference of up to 10 percent of the cost of a contract for 
     purposes of evaluating a bid or proposal of a contractor that 
     makes a disclosure pursuant to subsection (a).
       ``(c) Sense of Congress.--It is the sense of Congress that 
     agency contracting officers should, using section 2304(b)(3) 
     of this title, exclude contractors making a disclosure 
     pursuant to subsection (a) in response to solicitations 
     issued by the agency from the bidding process in connection 
     with such solicitations on the grounds that the actions 
     described in the disclosures are against the public interests 
     of the United States.
       ``(d) Annual Report.--The head of each agency shall submit 
     to Congress each year a report on the following:
       ``(1) The number of solicitations made by the agency during 
     the preceding year for which disclosures were made pursuant 
     to subsection (a) in responsive bids or proposals.
       ``(2) The number of contracts awarded by the agency during 
     the preceding year in which such disclosures were taken into 
     account in the contract award.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 137 of such title is amended by 
     inserting after the item relating to section 2327 the 
     following new item:

``2327a. Contracts: consideration of outsourcing of jobs.''.

       (2) Exclusion of firms from sources.--Section 2304(b) of 
     such title is amended--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) The head of an agency may provide for the procurement 
     of property and services covered by this chapter using 
     competitive procedures but excluding a source making a 
     disclosure pursuant to section 2327a(a) of this title in the 
     bid or proposal in response to the solicitation issued by the 
     agency if the head of the agency determines that the actions 
     described by disclosure are against the public interests of 
     the United States and the source is to be excluded on those 
     grounds. Any such determination shall take into account the 
     sense of Congress set forth in section 2327a(c) of this 
     title.''; and
       (C) in paragraph (3), as so redesignated, by striking 
     ``paragraphs (1) and (2)'' and inserting ``paragraphs (1), 
     (2), and (3)''.
       (b) Other Federal Contracts.--
       (1) Consideration of outsourcing.--Chapter 35 of title 41, 
     United States Code, is amended by inserting after section 
     3303 the following new section:

     ``Sec. 3303a. Bidders outsourcing jobs: disclosure of 
       outsourcing; consideration of outsourcing in award; 
       exclusion from sources

       ``(a) Disclosure of Outsourcing of Jobs.--
       ``(1) In general.--The head of an executive agency shall 
     require a contractor that submits a bid or proposal in 
     response to a solicitation issued by the executive agency to 
     disclose in that bid or proposal if the contractor, or a 
     subsidiary of the contractor, owns a facility for which there 
     is an outsourcing event during the three-year period ending 
     on the date of the submittal of the bid or proposal.
       ``(2) Outsourcing event.--For purposes of paragraph (1), 
     the term `outsourcing event' means a plant closing or mass 
     layoff (as described in section 2(a) of the Worker Adjustment 
     and Retraining Notification Act) in which the employment loss 
     (excluding any part-time employees) for positions which will 
     be moved to a country outside of the United States, as 
     determined pursuant to the outsourcing statement (as 
     described in paragraph (1) of such section 3(e) of such Act) 
     served by the taxpayer during the taxable year, exceeds 50 
     employees.
       ``(b) Consideration Authorized.--(1) Contracting officers 
     of an executive agency considering bids or proposals in 
     response to a solicitation issued by the executive agency may 
     take into account any disclosure made pursuant to subsection 
     (a) in such bids and proposals.
       ``(2) The head of an executive agency may establish a 
     negative preference of up to 10 percent of the cost of a 
     contract for purposes of evaluating a bid or proposal of a 
     contractor that makes a disclosure pursuant to subsection 
     (a).
       ``(c) Exclusion From Sources.--
       ``(1) In general.--The head of an executive agency may 
     provide for the procurement of property and services using 
     competitive procedures but excluding a source making a 
     disclosure under subsection (a) in the bid or proposal in 
     response to the solicitation issued by the executive agency 
     if the head of the executive agency determines that the 
     actions described by disclosure are against the public 
     interests of the United States and the source is to be 
     excluded on those grounds. Any such determination shall take 
     into account the sense of Congress set forth in paragraph 
     (2).
       ``(2) Sense of congress.--It is the sense of Congress that 
     contracting officers of executive agencies may use paragraph 
     (1) to exclude contractors making a disclosure pursuant to 
     subsection (a) in response to a solicitation issued by the 
     executive agency from the bidding process in connection with 
     the solicitation on the grounds that the actions described by 
     the disclosure are against the public interests of the United 
     States.
       ``(d) Annual Report.--The head of each executive agency 
     shall submit to Congress each year a report on the following:
       ``(1) The number of solicitations made by the executive 
     agency during the preceding year for which disclosures were 
     made pursuant to subsection (a) in responsive bids or 
     proposals.
       ``(2) The number of contracts awarded to contractors that 
     disclosed having outsourced more than 50 jobs during the 
     preceding three years.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 35 of such title is amended by inserting 
     after the item relating to section 3303 the following new 
     item:

``3303a. Bidders outsourcing jobs: disclosure of outsourcing; 
              consideration of outsourcing in award; exclusion from 
              sources.''.

       (3) Conforming amendment.--Section 3301(a) of such title is 
     amended by inserting ``3303a(c),'' after ``3303,''.
       (c) Regulations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council, in consultation with the heads of relevant agencies, 
     shall amend the Federal Acquisition Regulation and the 
     Defense Federal Acquisition Regulation Supplement to carry 
     out the requirements of section 3303a of title 41, United 
     States Code, and section 2327a of title 10, United States 
     Code, as added by this section.
       (2) Definition of outsourcing.--For purposes of defining 
     outsourcing pursuant to paragraph (1), the Federal 
     Acquisition Regulatory Council may utilize regulations 
     prescribed by the Secretary of Labor.
       (d) Rule of Construction.--This section, and the amendments 
     made by this section, shall be applied in a manner consistent 
     with United States obligations under international 
     agreements.
                                 ______
                                 
  SA 736. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 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 XXVIII, add the 
     following:

     SEC. 2826. LAND CONVEYANCE, MOUNTAIN HOME AIR FORCE BASE, 
                   IDAHO.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the City of Mountain 
     Home, Idaho (in this section referred to as the ``City''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including improvements thereon, 
     consisting of approximately 4.25 miles of railroad spur 
     located near Mountain Home Air Force Base, Idaho, as further 
     described in subsection (c), for the purpose of economic 
     development.
       (b) Consideration.--
       (1) Consideration required.--As consideration for the land 
     conveyed under subsection (a), the City shall pay to the 
     Secretary an amount equal to the fair market value of the 
     land, as determined by an appraisal approved by the 
     Secretary. The City shall provide an amount that is 
     acceptable to the Secretary, whether by cash payment, in-kind 
     consideration as described under paragraph (2), or a 
     combination thereof.
       (2) In-kind consideration.--In-kind consideration provided 
     by the City under paragraph (1) may include the acquisition, 
     construction, provision, improvement, maintenance, repair, or 
     restoration (including environmental restoration), or 
     combination thereof, of any facility or infrastructure under 
     the jurisdiction of the Secretary.
       (3) Treatment of consideration received.--Consideration in 
     the form of cash

[[Page 12403]]

     payment received by the Secretary under paragraph (1) shall 
     be deposited in the separate fund in the Treasury described 
     in section 572(a)(1) of title 40, United States Code.
       (c) Map and Legal Description.--
       (1) Finalizing legal descriptions.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary of 
     the Air Force shall finalize a map and the legal description 
     of the property to be conveyed under subsection (a).
       (2) Minor errors.--The Secretary of the Air Force may 
     correct any minor errors in the map or the legal description.
       (3) Availability.--The map and legal description shall be 
     on file and available for public inspection.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary may require the City 
     to 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 the City 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 the City.
       (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.
       (e) Use Reservation.--The Secretary may reserve a right to 
     temporarily use, for urgent reasons of national defense and 
     at no cost to the United States, all or a portion of the 
     railroad spur conveyed under subsection (a).
       (f) 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 737. Mr. JOHNSON (for himself, Ms. Baldwin, and Mr. Cornyn) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, to authorize appropriations for fiscal year 2018 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. 573. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO 
                   JAMES MEGELLAS FOR ACTS OF VALOR DURING BATTLE 
                   OF THE BULGE.

       (a) Waiver of Time Limitations.--Notwithstanding the time 
     limitations specified in section 3744 of title 10, United 
     States Code, or any other time limitation with respect to the 
     awarding of certain medals to persons who served in the Armed 
     Forces, the President may award the Medal of Honor under 
     section 3741 of such title to James Megellas, formerly of 
     Fond du Lac, Wisconsin, and currently of Colleyville, Texas, 
     for the acts of valor during World War II described in 
     subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of James Megellas on 
     January 28, 1945, in Herresbach, Belgium, during the Battle 
     of the Bulge when, as a first lieutenant in the 82d Airborne 
     Division, he led a surprise and devastating attack on a much 
     larger advancing enemy force, killing and capturing a large 
     number and causing others to flee, single-handedly destroying 
     an attacking German Mark V tank with two hand-held grenades, 
     and then leading his men in clearing and seizing Herresbach.
                                 ______
                                 
  SA 738. Mr. BARRASSO (for himself and Mr. Enzi) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 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 X, add the following:

     SEC. ____. EXPANSION OF PROHIBITION ON TRANSFER OF VETERANS 
                   MEMORIAL OBJECTS WITHOUT SPECIFIC AUTHORIZATION 
                   BY LAW.

       Paragraph (3) of section 2572(e) of title 10, United States 
     Code, is amended to read as follows:
       ``(3) The prohibition imposed by paragraph (1) does not 
     apply to a transfer of a veterans memorial object that is 
     specifically authorized by law.''.
                                 ______
                                 
  SA 739. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 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. __. ITEMIZED LIST OF ITEMS ACQUIRED FROM FOREIGN 
                   ENTITIES THROUGH BUY AMERICAN NON-AVAILABILITY 
                   WAIVERS.

       Section 8302(b)(2) of title 41, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``supplies; and'' and 
     inserting ``supplies;'';
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) an itemized list of all articles, materials, and 
     supplies acquired through waivers pursuant to subsection 
     (a)(2)(B).''.
                                 ______
                                 
  SA 740. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 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. __. INTEGRITY IN BORDER AND IMMIGRATION ENFORCEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Integrity in Border and Immigration Enforcement Act''.
       (b) Definitions.--In this section:
       (1) Law enforcement position.--The term ``law enforcement 
     position'' means any law enforcement position in U.S. Customs 
     and Border Protection (``CBP'') or U.S. Immigration and 
     Customs Enforcement (``ICE'').
       (2) Polygraph examination.--The term ``polygraph 
     examination'' means the Law Enforcement Pre-Employment Test 
     certified by the National Center for Credibility Assessment.
       (c) Polygraph Examinations for Law Enforcement Personnel.--
       (1) Applicants.--Beginning not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security--
       (A) shall require that polygraph examinations are conducted 
     on all applicants for law enforcement positions; and
       (B) may not hire any applicant for a law enforcement 
     position who does not pass a polygraph examination.
       (2) Targeted polygraph reinvestigations.--Beginning not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security, as part of each 
     background reinvestigation, shall administer a polygraph 
     examination to--
       (A) every CBP law enforcement employee who is determined by 
     the Inspector General of the Department of Homeland Security 
     to be part of a population at risk of corruption or 
     misconduct, based on an analysis of past incidents of 
     misconduct and corruption; and
       (B) every ICE law enforcement employee who is determined by 
     the Inspector General of the Department of Homeland Security 
     to be part of a population at risk of corruption or 
     misconduct, based on an analysis of past incidents of 
     misconduct and corruption.
       (3) Delegation of authority to determine targeted polygraph 
     examinations.--The Inspector General of the Department of 
     Homeland Security may--
       (A) delegate the authority under paragraph (2)(A) to the 
     CBP Office of Professional Responsibility; and
       (B) delegate the authority under paragraph (2)(B) to the 
     ICE Office of Professional Responsibility.
       (4) Random polygraph reinvestigations.--Beginning not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall--
       (A) randomly administer a polygraph examination each year 
     to at least 5 percent of CBP law enforcement employees who 
     are undergoing background reinvestigations during that year 
     and have not been selected for a targeted polygraph 
     examination under paragraph (2)(A); and
       (B) randomly administer a polygraph examination each year 
     to at least 5 percent of ICE law enforcement employees who 
     are undergoing background reinvestigations during that year 
     and have not been selected for a targeted polygraph 
     examination under paragraph (2)(B).

[[Page 12404]]



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