The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept of Labor was published in the Senate section on pages S4622-S4626 on July 31, 2017.
The Department provides billions in unemployment insurance, which peaked around 2011 though spending had declined before the pandemic. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, claimed the Department funds "ineffective and duplicative services" and overregulates the workplace.
The publication is reproduced in full below:
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.
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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 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 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.--
``(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.
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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 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.
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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.
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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.''.
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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).''.
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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).
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