June 7, 2018: Congressional Record publishes “TEXT OF AMENDMENTS”

Volume 164, No. 94 covering the 2nd Session of the 115th Congress (2017 - 2018) was published by the Congressional Record.

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 Department of Interior was published in the Senate section on pages S3301-S3390 on June 7, 2018.

The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2371. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. BROADBAND AND EMERGING INFORMATION TECHNOLOGY

COORDINATOR.

(a) Findings.--Congress finds the following:

(1) According to a report by the Federal Communications Commission entitled ``Connecting America: The National Broadband Plan'', dated March 2010, the Commission recommends that--

(A) ``To fully implement next-generation technology within its operations, the SBA should also appoint a broadband and emerging IT coordinator. This individual would ensure that SBA programs maintain the requisite broadband expertise, tools and training courses to serve small businesses.'';

(B) ``Congress should consider ways to leverage existing assistance provided through'' entrepreneurial development programs, ``to focus training on advanced IT and broadband applications'';

(C) ``Congress could also consider ways to support technology training among women entrepreneurs through'' women's business centers;

(D) ``The training programs should include an entry-level

`Broadband 101' course to give small businesses an introduction to how to capitalize on broadband connectivity, as well as more advanced applications for IT staff.''; and

(E) small and medium enterprise ``IT training should include resources for non-IT staff, such as how to use e-commerce tools for sales, streamline finance with online records or leverage knowledge management across an organization.''.

(2) According to a report by the Broadband Opportunity Council, dated August 20, 2015, the availability of and access to broadband technology enables--

(A) greater civic participation, by providing tools for open government and streamlining government process;

(B) changes in how people access educational resources, collaborate in the educational process, conduct research, and continue to learn anytime, anyplace, and at any pace;

(D) new business models that create business efficiencies, drive job creation, and connect manufacturers and store-fronts to clients and partners worldwide; and

(E) bringing communities together and improvements to public safety, creating a greener planet, and make transportation systems more resilient and efficient.

(3) According to a report entitled ``The State of the App Economy'', dated October 2014--

(A) ``More than three-quarters of the highest grossing apps are produced by startups and small companies.''; and

(B) ``Seventy-eight percent of the leading app companies are located outside Silicon Valley.''.

(4) According to a report entitled, ``Developer Economics Q1 2015: State of the Developer Nation'', dated February 2015, ``The emergence of the app industry over the past eight years has grown to a $120 billion economy.''.

(b) Broadband and Emerging Information Technology Coordinator.--The Small Business Act (15 U.S.C. 631 et seq.) is amended--

(1) by redesignating section 47 as section 48; and

(2) by inserting after section 46 the following:

``SEC. 47. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.

``(a) Definitions.--In this section--

``(1) the term `Associate Administrator' means the Associate Administrator for the Office of Investment and Innovation; and

``(2) the term `broadband and emerging information technology coordinator' means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).

``(b) Assignment of Coordinator.--

``(1) Assignment of coordinator.--The Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who--

``(A) shall report to the Associate Administrator;

``(B) shall work in coordination with--

``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and

``(ii) any other Associate Administrator of the Administration determined appropriate by the Associate Administrator;

``(C) has experience developing and implementing telecommunications policy in the private sector or government; and

``(D) has demonstrated significant experience in the area of broadband or emerging information technology.

``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall--

``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;

``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission;

``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and

``(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies.

``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.

``(c) Broadband and Emerging Technology Training.--

``(1) Training.--The Associate Administrator shall provide to employees of the Administration training that--

``(A) familiarizes employees of the Administration with broadband and other emerging information technologies;

``(B) includes--

``(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and

``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and

``(C) to maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D).

``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.

``(d) Reports.--

``(1) Biennial report on activities.--Not later than 2 years after the date on which the Associate Administrator makes the first designation of an employee under subsection

(b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.

``(2) Impact of broadband speed and price on small businesses.--

``(A) In general.--Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns.

``(B) Report.--Not later than 3 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including--

``(i) a survey of broadband speeds available to small business concerns;

``(ii) a survey of the cost of broadband speeds available to small business concerns;

``(iii) a survey of the type of broadband technology used by small business concerns; and

``(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.''.

(1) in the matter preceding clause (i), by inserting

``accessing broadband and other emerging information technology,'' after ``technology transfer,'';

(2) in clause (ii), by striking ``and'' at the end;

(3) in clause (iii), by adding ``and'' at the end; and

(4) by adding at the end the following:

``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''.

______

SA 2372. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. NATIONAL GUARD AND RESERVE ENTREPRENEURSHIP

SUPPORTS.

(a) Short Title.--This section may be cited as the

``National Guard and Reserve Entrepreneurship Support Act''.

(b) Extension of Loan Assistance and Deferral Eligibility to Reservists Beyond Periods of Military Conflict.--

(1) Small business act amendments.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended--

(A) in subsection (b)(3)--

(i) in subparagraph (A)--

(I) by striking clause (ii);

(II) by redesignating clause (i) as clause (ii);

(III) by inserting before clause (ii), as so redesignated, the following:

``(i) the term `active service' has the meaning given that term in section 101(d)(3) of title 10, United States Code;''; and

(IV) in clause (ii), as so redesignated, by adding ``and'' at the end;

(ii) in subparagraph (B), by striking ``being ordered to active military duty during a period of military conflict'' and inserting ``being ordered to perform active service for a period of more than 30 consecutive days'';

(iii) in subparagraph (C), by striking ``active duty'' each place it appears and inserting ``active service''; and

(iv) in subparagraph (G)(ii)(II), by striking ``active duty'' and inserting ``active service''; and

(B) in subsection (n)--

(i) in the subsection heading, by striking ``Active Duty'' and inserting ``Active Service'';

(ii) in paragraph (1)--

(I) by striking subparagraph (C);

(II) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

(III) by inserting before subparagraph (B), as so redesignated, the following:

``(A) Active service.--The term `active service' has the meaning given that term in section 101(d)(3) of title 10, United States Code.'';

(IV) in subparagraph (B), as so redesignated, by striking

``ordered to active duty during a period of military conflict'' and inserting ``ordered to perform active service for a period of more than 30 consecutive days''; and

(V) in subparagraph (D), by striking ``active duty'' each place it appears and inserting ``active service''; and

(iii) in paragraph (2)(B), by striking ``active duty'' each place it appears and inserting ``active service''.

(2) Applicability.--The amendments made by paragraph (1)(A) shall apply to an economic injury suffered or likely to be suffered as the result of an essential employee being ordered to perform active service (as defined in section 101(d)(3) of title 10, United States Code) for a period of more than 30 consecutive days who is discharged or released from such active service on or after the date of enactment of this Act.

(3) Semiannual report.--Not later than 180 days after the date of enactment of this Act, and semiannually thereafter, the President shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. The report shall contain the subsidy rate of the disaster loan program as authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) with the loans made under the Military Reservist Economic Injury Disaster Loan program and without those loans included.

(4) Technical and conforming amendment.--Section 8(l) of the Small Business Act (15 U.S.C. 637(l)) is amended--

(A) by striking ``The Administration'' and inserting the following:

``(1) In general.--The Administration'';

(B) by striking ``(as defined in section 7(n)(1))''; and

``(2) Definition of period of military conflict.--In this subsection, the term `period of military conflict' means--

``(A) a period of war declared by the Congress;

``(B) a period of national emergency declared by the Congress or by the President; or

``(C) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code.''.

(1) Expansion of small business administration outreach programs.--Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17)) is amended by striking ``and members of a reserve component of the Armed Forces'' and inserting

``members of a reserve component of the Armed Forces, and the spouses of veterans and members of a reserve component of the Armed Forces''.

(2) Establishment of program.--Section 32 of the Small Business Act (15 U.S.C. 657) is amended by adding at the end the following:

``(g) National Guard and Reserve Deployment Support and Business Training.--

``(1) In general.--In making grants carried out under section 8(b)(17), the Associate Administrator shall establish a program, to be known as the `National Guard and Reserve Deployment Support and Business Training Program', to provide training, counseling and other assistance to support members of a reserve component of the Armed Forces and their spouses.

``(2) Authorities.--In carrying out this subsection, the Associate Administrator may--

``(A) modify programs and resources made available under section 8(b)(17) to provide pre-deployment and other information specific to members of a reserve component of the Armed Forces and their spouses;

``(B) collaborate with the Chief of the National Guard Bureau or the Chief's designee, State Adjunct Generals or their designees, and other public and private partners; and

``(C) provide training, information and other resources to the Chief of the National Guard Bureau or the Chief's designee and State Adjunct Generals or their designees for the purpose of supporting members of a reserve component of the Armed Forces and the spouses of veterans and members of a reserve component of the Armed Forces.''.

______

SA 2373. Mrs. SHAHEEN (for herself, Mrs. Murray, and Ms. Stabenow) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. REPORT ON USE BY DEPARTMENT OF DEFENSE OF QUALITY

MEASURES TO ASSESS MATERNAL MORTALITY AND

SERIOUS MORBIDITY.

(a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the use by the Department of Defense of quality measures in assessing maternal mortality and serious morbidity for active duty members of the Armed Forces.

(b) Elements.--The report required by subsection (a) shall include a comparison between care provided through military treatment facilities and care provided by the Department of Defense through contracts as well as a comparison with quality measurement between care provided by the Department and care provided to civilian populations.

______

SA 2374. Mr. BLUMENTHAL (for himself, Mr. Sanders, Mr. Merkley, Mr. Booker, Mr. Markey, Ms. Warren, and Mr. Van Hollen) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At appropriate place, insert the following:

SEC. ____. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY

FACILITIES IN THE UNITED STATES TO HOUSE

UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to construct or modify any facility in the United States or in a territory or possession of the United States to house 1 or more unaccompanied alien children for the purpose of detention or imprisonment in the custody or under the control of the Department of Defense, the Department of Homeland Security, or the Department of Health and Human Services unless expressly authorized by an Act of Congress.

(b) Unaccompanied Alien Children Defined.--In this section, the term ``unaccompanied alien child'' has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

______

SA 2375. Mr. PERDUE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XI, add the following:

SEC. 1107. CLARIFICATION OF SCOPE OF TEMPORARY DIRECT HIRE

AUTHORITY FOR DOMESTIC DEFENSE INDUSTRIAL BASE

FACILITIES AND THE MAJOR RANGE AND TEST

FACILITIES BASE.

Section 1125(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by inserting ``plant,'' after ``arsenal,''.

______

SA 2376. Mr. PERDUE submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. __. UNITED STATES CYBER STRATEGY.

(a) Strategy Required.--

(1) In general.--Not later than January 1, 2019, the President shall submit to the appropriate congressional committees a comprehensive, interagency national strategy for cyberspace.

(2) Elements.--The comprehensive, interagency national strategy required by paragraph (1) shall include the following elements:

(A) A government-wide and accepted glossary of definitions and terms for cyberspace and cyber-related activities.

(B) Criteria for the types of malicious cyber activities that the United States Government will seek to deter and will respond to.

(D) Menu of options for deterrence denial and response to malicious cyber activities using the range of national power to conduct.

(E) Tasks, roles, and responsibilities of the following entities in regards to cyberspace:

(i) Department of Homeland Security for domestic cyber security concerns and defense of critical infrastructure.

(ii) Department of Defense for military cyber activities and offensive cyber operations.

(iii) Department of State for cyber diplomacy and promotion of United States values on fair use of cyberspace and related activities.

(iv) Any other agency deemed appropriate by the President to be a primary stakeholder for a cyber activity or related policy.

(F) Specific tasks, roles, and responsibilities of the above entities in regards to specific cyber event scenarios that are determined to impact United States national security, which should include--

(i) a cyber attack that damages or degrades the use of critical infrastructure within United States territory;

(ii) a cyber attack that influences economic systems to any degree determined detrimental to national security;

(iii) a cyber attack targeting United States military abroad that degrades their capability to respond to crises or to conduct military operations; and

(iv) cyber espionage that steals a significant amount of data deemed to be a threat to United States national security.

(G) Use of, coordination with, or liaison to international partners, nongovernmental organizations, or commercial entities that support United States policy goals in cyberspace.

(H) Synchronization processes for the use of interagency tools for cyberspace operations, including the role of the National Security Council in coordinating interagency tools.

(I) The establishment of a permanent interagency commission to continually implement, study, and revise the cyber strategy for the whole of Government to meet emerging threats and trends.

(J) The appointment of an individual from within the body established in subclause (I) as the leader for interagency cyber strategy and execution of said strategy.

(K) The development of a semiannual or biennial war game involving all Federal agencies to determine best practices for domestic and global responses to cyber events.

(L) Cyber operations plans for possible cyber events to supplement current operations plans of the unified combatant command.

(M) Mechanisms for continuous information sharing among Government agencies relating to the range of cyber operations.

(N) Such other matters as the President considers appropriate.

(b) Assessment.--Not later than one year after the date of the submission of the strategy required by subsection (a), and annually after that, the President shall submit to the appropriate committees of Congress an assessment of the strategy, including--

(1) the status of implementation of the strategy;

(2) notes and minutes from any meeting of the permanent interagency commission;

(3) brief and results of semiannual or biennial war games prescribed in subsection (a)(2)(J); and

(4) any changes to the strategy since such submission.

(c) Form.--The strategy and assessment required by this section shall each be submitted in classified form, but may include a classified annex.

(d) Appropriate Congressional Committees.--The term

``appropriate congressional committees'' means--

(1) the congressional defense committees;

(2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and

(3) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.

______

SA 2377. Mr. PERDUE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. SENSE OF CONGRESS ON INCREASES IN DEFENSE

CAPABILITIES OF UNITED STATES ALLIES.

Congress makes the following findings:

(1) For over six decades, the North Atlantic Treaty Organization (NATO) has been a successful intergovernmental, political, and military alliance.

(2) The collective defense of the North Atlantic Treaty Organization acts as a deterrent to aggression in which the alliance defends member countries (referred to in this section as ``NATO allies'') against external security threats.

(3) The North Atlantic Treaty Organization strengthens the security of the United States by using an integrated military coalition.

(4) While the Federation of Russia has continued to threaten the sovereignty of countries in Europe and exhibit threatening behavior toward the military assets of the United States, the North Atlantic Treaty Organization sends a clear collective message that the alliance will not tolerate provocation by Russia.

(5) Article 3 of the North Atlantic Treaty states that ``in order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack''.

(6) The first defense-spending target of the North Atlantic Treaty Organization was issued over 40 years ago in the 1977 NATO Ministerial Guidance, which set a 3 percent target for growth in defense expenditures to answer the nearly three times larger defense resource allocations of the Soviet Union.

(7) At the 2002 NATO Prague Summit, NATO allies entered into a nonbinding agreement to raise defense spending to 2 percent of the gross domestic product of the member states to meet the goals set forth in the Prague Capabilities Commitment.

(8) One month before the 2006 NATO Riga Summit, United States ambassador to the North Atlantic Treaty Organization, Victoria Nuland, called the 2 percent metric the ``unofficial floor'' on defense spending in the North Atlantic Treaty Organization.

(9) At the 2006 NATO Riga Summit, NATO allies declared ``we encourage nations whose defense spending is declining to halt that decline and to aim to increase defense spending in real terms''.

(10) In 2008, at the NATO Bucharest Summit, NATO allies reaffirmed their defense spending agreement.

(11) In 2014, at the NATO Wales Summit, NATO allies officially declared to increase their defense spending to 2 percent of their gross domestic product by 2024.

(12) The Wales Summit Declaration stated, ``Allies currently meeting the NATO guideline to spend a minimum of 2 percent of their Gross Domestic Product (GDP) on defense will aim to continue to do so. Likewise, Allies spending more than 20 percent of their defense budgets on major equipment, including related Research & Development, will continue to do so. Allies whose current proportion of GDP spent on defense is below this level will: halt any decline in defense expenditure; aim to increase defense expenditure in real terms as GDP grows; aim to move towards the 2 percent guideline within a decade with a view to meeting their NATO Capability Targets and filling NATO's capability shortfalls.''.

(13) The 2016 Warsaw Summit Communique stated, ``Today, five Allies meet the NATO guideline to spend a minimum of 2 percent of their Gross Domestic Product on defense. Ten Allies meet the NATO guideline to spend more than 20 percent of their defense budgets on major equipment, including related Research & Development.''.

(14) As of June 2018, 15 of the 29 NATO allies are expected to reach the goal of spending two percent of gross domestic product on defense by 2024.

(15) It is the sense of Congress that the President, in furtherance of increased unity, equitable sharing of the common defense burden, and international stability, should--

(A) encourage all NATO allies to fulfill their commitments to levels and composition of defense expenditures as agreed at the NATO 2014 Wales Summit and NATO 2016 Warsaw Summit;

(B) call on NATO allies to finance, equip, and train their armed forces to fulfill their national and regional security interests; and

(C) recognize NATO allies that are meeting their defense spending commitments or otherwise providing adequately for their national and regional security interests.

______

SA 2378. Mr. PERDUE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1226. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN

MILITIAS IN IRAQ THAT ARE BACKED BY THE

GOVERNMENT OF IRAN.

(a) Imposition of Sanctions.--

(1) In general.--Beginning on the date that is 90 days after the date of the enactment of this Act, the President shall block and prohibit, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of As-Saib Ahl al-Haq, Harakat Hizballah al-Nujaba, and any foreign person that the President determines is an official, agent, or affiliate of, or owned or controlled by, As-Saib Ahl al-Haq or Harakat Hizballah al-Nujaba, if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) Exception.--The requirement to impose sanctions under paragraph (1) shall not include the requirement or the authority to impose sanctions on the importation of goods (as that term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))).

(3) United states person defined.--In this subsection, the term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

(b) Report Required.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit a report that includes a detailed list of entities in which there is a reasonable basis to determine that Iran's Islamic Revolutionary Guard Corps has an ownership interest of not less than 33 percent to--

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of Senate; and

(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

______

SA 2379. Mr. PERDUE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

SEC. 1126. IMPROVED AUTHORITIES OF SECRETARIES OF MILITARY

DEPARTMENTS TO IMPROVE ACCOUNTABILITY OF SENIOR

EXECUTIVES.

(a) Authority.--(1) The Secretary of a military department may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the military department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.

(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service

(as defined in section 2101 of title 5, United States Code).

(b) Rights and Procedures.--(1) A covered individual who is the subject of an action under subsection (a) is entitled to--

(A) advance notice of the action and a file containing all evidence in support of the proposed action;

(B) be represented by an attorney or other representative of the covered individual's choice; and

(C) grieve the action in accordance with an internal grievance process that the Secretary of the applicable military department shall establish for purposes of this subsection.

(2)(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.

(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection

(a) shall be 7 business days.

(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.

(3) The Secretary of the applicable military department shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.

(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.

(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.

(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any military department action found to be--

(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;

(B) obtained without procedures required by a provision of law having been followed; or

(c) Relation to Other Provisions of Law.--Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title do not apply to an action under subsection (a).

(d) Definitions.--In this section:

(1) The term ``covered individual'' means a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code).

(2) The term ``military department'' has the meaning given the term in section 101 of title 10, United States Code.

(3) The term ``misconduct'' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(4) The term ``senior executive position'' means with respect to a career appointee (as that term is defined in section 3132(a) of title 5, United States Code), a Senior Executive Service position (as such term is defined in such section).

SEC. 1127. IMPROVED AUTHORITIES OF SECRETARIES OF MILITARY

DEPARTMENTS TO IMPROVE ACCOUNTABILITY OF

EMPLOYEES.

(a) In General.--(1) The Secretary of a military department may remove, demote, or suspend a covered individual who is an employee of a military department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension.

(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may--

(A) remove the covered individual from the civil service

(as defined in section 2101 of title 5, United States Code);

(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or

(b) Pay of Certain Demoted Individuals.--(1) Any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade.

(2)(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal

(if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.

(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).

(c) Procedure.--(1)(A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section may not exceed 15 business days.

(B) The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days.

(C) Paragraph (3) of subsection (b) of section 7513 of title 5, United States Code, shall apply with respect to a removal, demotion, or suspension under this section.

(D) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.

(2) The Secretary of the applicable military department shall issue a final decision with respect to a removal, demotion, or suspension under this section not later than 15 business days after the Secretary provides notice, including a file containing all the evidence in support of the proposed action, to the covered individual of the removal, demotion, or suspension. The decision shall be in writing and shall include the specific reasons therefor.

(3) The procedures under chapter 43 of title 5, United States Code, shall not apply to a removal, demotion, or suspension under this section.

(4)(A) Subject to subparagraph (B) and subsection (d), any removal or demotion under this section, and any suspension of more than 14 days under this section, may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5, United States Code.

(B) An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than 10 business days after the date of such removal, demotion, or suspension.

(d) Expedited Review.--(1) Upon receipt of an appeal under subsection (c)(4)(A), the administrative judge shall expedite any such appeal under section 7701(b)(1) of title 5, United States Code, and, in any such case, shall issue a final and complete decision not later than 180 days after the date of the appeal.

(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the administrative judge shall uphold the decision of the Secretary of the applicable military department to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.

(B) Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary of the applicable military department is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary.

(3)(A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board.

(B) Notwithstanding section 7701(c)(1)(B) of title 5, United States Code, the Merit Systems Protection Board shall uphold the decision of the Secretary to remove, demote, or suspend an employee under subsection (a) if the decision is supported by substantial evidence.

(C) Notwithstanding title 5, United States Code, or any other provision of law, if the decision of the Secretary of the applicable military department is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary.

(4) In any case in which the administrative judge cannot issue a decision in accordance with the 180-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later than 14 business days after the expiration of the 180-day period, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement.

(5) A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to section 7703 of title 5, United States Code, or to any court of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of such section.

(6) The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in section 1214(b) of title 5, United States Code.

(7) During the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection (c) and ending on the date that the United States Court of Appeals for the Federal Circuit issues a final decision on such appeal, such covered individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the military department.

(8) To the maximum extent practicable, the Secretary of the applicable military department shall provide to the Merit Systems Protection Board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited.

(9) If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in section 5596 of title 5, United States Code).

(10) If an employee who is subject to a collective bargaining agreement chooses to grieve an action taken under this section through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply.

(e) Whistleblower Protection.--(1) In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel (established by section 1211 of title 5, United States Code) based on an alleged prohibited personnel practice described in section 2302(b) of title 5, United States Code, the Secretary of the applicable military department may not remove, demote, or suspend such covered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5, United States Code.

(2) In the case of a covered individual who has made a whistleblower disclosure to the Inspector General of the Department of Defense, the Secretary of the applicable military department may not remove, demote, or suspend such covered individual under subsection (a) until--

(A) in the case in which the Inspector General of the Department of Defense determines to refer the whistleblower disclosure to an office or other investigative entity, a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity; or

(B) in the case in which the Inspector General of the Department of Defense determines not to the refer the whistleblower disclosure under such section, the Inspector General of the Department of Defense makes such determination.

(f) Termination of Investigations by Office of Special Counsel.--(1) The Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of a military department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation.

(2) Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee.

(g) Vacancies.--In the case of a covered individual who is removed or demoted under subsection (a), to the maximum extent feasible, the Secretary of the applicable military department shall fill the vacancy arising as a result of such removal or demotion.

(h) Definitions.--In this section:

(1) The term ``covered individual'' means an individual occupying a position at a military department, but does not include--

(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code);

(B) a Senior Executive Service position (as that term is defined in section 3132(a)(2) of title 5, United States Code);

(D) a political appointee.

(2) The term ``military department'' has the meaning given the term in section 101 of title 10, United States Code.

(3) The term ``suspend'' means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days.

(4) The term ``grade'' has the meaning given such term in section 7511(a) of title 5, United States Code.

(5) The term ``misconduct'' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(6) The term ``political appointee'' means an individual who is--

(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);

(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.

______

SA 2380. Mr. PERDUE submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ___. BRIEFING ON CYBER EDUCATION AND TRAINING.

(a) Sense of the Senate.--It is the sense of the Senate that--

(1) traditional approaches to cyber training focused solely on tactics, techniques, and procedures that hackers have used in the past may be inadequate for the challenges facing the cyber workforce of the Department of Defense because they fail to focus on future threats;

(2) such workforce encounters an information gap when conducting training derived from events that have already occurred rather than training developed for the evolving nature of cyber threats in real time, and cyber certifications such as Security + and CISSP are based on preventing vulnerabilities, exploits, and gaps identified in the past and lose relevance depending on when the courseware was updated;

(3) bridging the gap in cyber training between curriculum that has been built on legacy data versus training built on current real world cyberattacks is a meaningful area of cyber training research, curriculum development, and instruction delivery that should be addressed; and

(4) universities and private industry are, and will continue to be, critical partners in the education and training of our future cyber force, and developing partnerships with such universities and industry will be crucial in staying informed of the latest best practices in the cyber domain.

(b) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on how the Department of Defense can leverage and partner with universities and industry on cyber education and training.

(1) Current partnerships and ability to expand and leverage such partnerships to improve cyber education and training.

(2) Existing curriculum relating to cyber education and training and recommendations for changes to ensure relevance of such education and training to future threats.

(3) Joint development of curriculum, courseware, and research projects.

(4) Joint use of instructors and of facilities.

(5) Recommendations for legislative or administrative action to improve cyber education and training partnerships.

______

SA 2381. Mr. CORKER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. CONGRESSIONAL APPROVAL BEFORE ADJUSTMENT BY

PRESIDENT OF IMPORTS DETERMINED TO THREATEN TO

IMPAIR NATIONAL SECURITY.

(a) In General.--Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862) is amended--

(1) in subsection (c)--

(A) in paragraph (1)--

(i) by striking subparagraph (B);

(ii) in the matter preceding clause (i), by striking ``(A) Within'' and inserting ``Within'';

(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and

(iv) in subparagraph (B), as redesignated by clause (iii)--

(I) by striking ``determine'' and inserting ``submit to Congress, not later than 15 days after making that determination, a proposal regarding''; and

(II) by striking ``must'' and inserting ``should''; and

(B) by striking paragraphs (2) and (3) and inserting the following:

``(2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e).'';

(2) by redesignating the second subsection (d) as subsection (e); and

(3) by striking subsection (f) and inserting the following:

``(f) Congressional Approval of Presidential Adjustment of Imports; Joint Resolution of Approval.--

``(1) In general.--An action to adjust imports proposed by the President and submitted to Congress under subsection

(c)(2) shall have force and effect only upon the enactment of a joint resolution of approval, provided for in paragraph

(3), relating to that action.

``(2) Period for review by congress.--The period for congressional review of a report required to be submitted under subsection (c)(2) shall be 60 calendar days.

``(3) Joint resolutions of approval.--

``(A) Joint resolution of approval defined.--In this subsection, the term `joint resolution of approval' means only a joint resolution of either House of Congress--

``(i) the title of which is as follows: `A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security.'; and

``(ii) the sole matter after the resolving clause of which is the following: `Congress approves of the recommendation of the President to Congress relating to the adjustment of imports to protect the national security as proposed by the President in the report submitted to Congress under section 232(c)(2) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(2)) on _____ relating to _____.', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.

``(B) Introduction.--During the period of 60 calendar days provided for under paragraph (2), a joint resolution of approval may be introduced and shall be referred to the appropriate committee.

``(C) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of approval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

``(D) Consideration in the senate.--

``(i) Committee referral.--A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance.

``(ii) Reporting and discharge.--If the committee to which a joint resolution of approval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.

``(iii) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Finance reports a joint resolution of approval or has been discharged from consideration of such a joint resolution to move to proceed to the consideration of the joint resolution. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

``(iv) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval shall be decided by the Senate without debate.

``(E) Rules relating to senate and house of representatives.--

``(i) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of approval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):

``(I) The joint resolution shall be referred to the Committee on Ways and Means.

``(II) If the Committee on Ways and Means has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.

``(III) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

``(IV) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.

``(ii) Treatment of house joint resolution in senate.--

``(I) If, before the passage by the Senate of a joint resolution of approval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:

``(aa) That joint resolution shall not be referred to a committee.

``(bb) With respect to that joint resolution--

``(AA) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but

``(BB) the vote on passage shall be on the joint resolution from the House of Representatives.

``(II) If, following passage of a joint resolution of approval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.

``(III) If a joint resolution of approval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures as described in subparagraph (D) shall apply to the House joint resolution.

``(F) Rules of house of representatives and senate.--This paragraph is enacted by Congress--

``(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and

``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''.

(b) Effective Date.--

(1) In general.--The amendments made by subsection (a) shall apply to any proposed action covered by subsection (c) of section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as so amended, on or after the date that is two years before the date of the enactment of this Act.

(2) Timing of certain proposals.--If the President makes a determination described in subsection (c)(1)(A) of such section, as so amended, during the period beginning on the date that is two years before the date of the enactment of this Act and ending on the day before such date of enactment, the submission to Congress of the proposal described in subsection (c)(1)(B) of such section, as so amended, shall be required not later than 15 days after such date of enactment.

(3) Modification of duty rate amounts.--

(A) In general.--Any rate of duty modified under section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)) during the period specified in paragraph (2) shall on the date of the enactment of this Act revert to the rate of duty in effect before such modification.

(B) Retroactive application for certain liquidations and reliquidations.--

(i) In general.--Subject to clause (ii), any entry of an article that--

(I) was made--

(aa) on or after the date that is two years before the date of the enactment of this Act, and

(bb) before such date of enactment, and

(II) to which a lower rate of duty would be applicable due to the application of subparagraph (A),

shall be liquidated or reliquidated as though such entry occurred on such date of enactment.

(ii) Requests.--A liquidation or reliquidation may be made under clause (i) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection--

(I) to locate the entry; or

(II) to reconstruct the entry if it cannot be located.

(iii) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under clause (i) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).

______

SA 2382. Ms. COLLINS (for herself and Mr. King) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XI, add the following:

SEC. 1107. RULE OF CONSTRUCTION ON AUTHORITY TO REDUCE THE

SIZE OF THE CIVILIAN WORKFORCE OF THE

DEPARTMENT OF DEFENSE.

No provision of this Act or amendment made by this Act may be construed to provide the Secretary of Defense any authority to reduce the size of the civilian workforce of the Department of Defense in a manner not otherwise authorized by section 1597 of title 10, United States Code.

______

SA 2383. Mr. HEINRICH submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 215, line 17, insert before the period at the end the following: ``, that is specifically designed for the professional military education of commissioned officers''.

______

SA 2384. Mr. HEINRICH submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part I of subtitle C of title XVI, add the following:

SEC. 1636A. APPOINTMENT OF CYBERSECURITY COORDINATOR.

(a) Appointment Required.--Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Cybersecurity Coordinator within the Executive Office of the President.

(b) Duties.--The Cybersecurity Coordinator appointed under subsection (a) shall be responsible for--

(1) developing and coordinating the cybersecurity strategy and policies of the Federal Government; and

(2) providing oversight and assessment of the implementation of such strategy and policies across the Federal Government.

______

SA 2385. Mr. HEINRICH (for himself and Mr. Inhofe) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title III, add the following:

SEC. 340. STARBASE PROGRAM.

(a) Findings.--Congress makes the following findings:

(1) The budget of the President for fiscal year 2019 requested no funding for the Department of Defense STARBASE program.

(2) The purpose of the STARBASE program is to improve the knowledge and skills of students in kindergarten through 12th grade in science, technology, engineering, and mathematics

(STEM) subjects, to connect them to the military, and to motivate them to explore science, technology, engineering, and mathematics and possible military careers as they continue their education.

(3) The STARBASE program currently operates at 76 locations in 40 States and the District of Columbia and Puerto Rico, primarily on military installations.

(4) To date, nearly 750,000 students have participated in the STARBASE program.

(5) The STARBASE program is a highly effective program run by dedicated members of the Armed Forces and strengthens the relationships between the military, communities, and local school districts.

(b) Sense of Congress.--It is the sense of Congress that the STARBASE program should continue to be funded by the Department of Defense.

(1) In general.--The amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 301 is hereby increased by $25,000,000, with the amount of the increase to be available for Operation and Maintenance, Defense-wide, for Civil Military Programs for the STARBASE program.

(2) Offset.--The amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 301 is hereby reduced by $25,000,000, with the amount of the reduction to be taken from amounts available for Operation and Maintenance, Navy, for Operating Forces for Enterprise Information (Line 300).

______

SA 2386. Mr. HEINRICH (for himself and Mr. Udall) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XXXI, add the following:

SEC. 3119. PLUTONIUM PIT PRODUCTION.

(a) In General.--The Administrator for Nuclear Security shall continue the design of the facility described in subsection (b) to 90 percent design completion with an independent cost estimate described in subsection (c) before approval of a combined critical decision-2 and critical decision-3 under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, in order to ensure the suitability of the facility for plutonium pit production.

(b) Facility Described.--The facility described in this subsection is a plutonium pit production facility--

(1) authorized pursuant to section 3114(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 (50 U.S.C. 2535 note);

(2) described in the document entitled the ``Engineering Assessment Report--Pu Pit Production Engineering Assessment'', dated April 13, 2018; and

(3) capable of producing an additional 31 to 80 pits annually, as required by section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a).

(c) Independent Cost Estimates Described.--An independent cost estimate described in this subsection shall include an evaluation of the suitability of the facility described in subsection (b) for plutonium pit production, including an evaluation of the following:

(1) Life cycle costs.

(2) Program acquisition unit costs for pit production.

(3) Average program unit costs for pit production.

(4) The costs of start up to full operations capable of producing 31 to 80 pits annually, as required by section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a).

(5) A quantitative risk assessment of pit production.

(d) Report Required.--Combined critical decision-2 and critical decision-3 for the facility described in subsection

(b) may not commence until the date that is 30 days after the Administrator submits to the congressional defense committees a report on the independent cost estimate conducted under subsection (c).

(e) Plan for Oversight of Pit Production.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, the Nuclear Weapons Council established under section 179 of title 10, United States Code, shall--

(A) establish a plan for oversight of current and future plutonium pit production capabilities to meet the requirements of the Department of Defense, including the development of a future plutonium pit production facility; and

(B) submit the plan to the congressional defense committees.

(2) Signatures.--The plan required by paragraph (1) shall be signed by all members of the Nuclear Weapons Council.

(f) Briefing on Plutonium Strategy.--Not later than March 1, 2019, the Chairman of the Nuclear Weapons Council and the Administrator for Nuclear Security shall jointly provide to the Committees on Armed Services of the Senate and the House of Representatives, and to any other congressional defense committee upon request, a briefing detailing the implementation plan for the plutonium strategy of the National Nuclear Security Administration, including milestones, accountable personnel for such milestones, and mechanisms for ensuring transparency into the progress of the strategy for the Department of Defense and the congressional defense committees.

______

SA 2387. Ms. WARREN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. TRAINING ON CONTRACTOR WORKPLACE SAFETY AND HEALTH

PRACTICES.

The Secretary of Defense shall develop and implement a training program for Department of Defense contracting officers on contractor workplace safety and health practices. The training shall cover--

(1) how to review publicly available Occupational Safety and Health Administration (OSHA) databases and identify and evaluate prospective contractors' violations of workplace safety and health regulations during the contract evaluation phase, including whether measures to avoid further violations are warranted;

(2) how to evaluate and understand prospective contractors' Accident Prevention Programs, as required by section 36.513 of the Federal Acquisition Regulation during the contractor evaluation phase;

(3) how to evaluate workplace safety incidents and violations of workplace safety and heath regulations by the contractor during contract performance; and

(4) any other information or processes that the Secretary of Defense determines relevant for purposes of evaluating the workplace safety records, plans, and performance of contractors and prospective contractors.

______

SA 2388. Ms. WARREN (for herself and Mrs. Ernst) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. DOCUMENTATION OF INFORMATION ON BLAST EXPOSURES IN

SERVICE RECORDS OF MILITARY PERSONNEL.

(a) In General.--In accordance with such guidance as the Secretary of Defense shall issue for purposes of this section, each Secretary of a military department shall include in the military service records of members of the Armed Forces under the jurisdiction of such Secretary appropriate documentation of information on any blasts to which such members are exposed during service in the Armed Forces (whether in combat or training), including the following:

(1) The month and year of exposure.

(2) The severity of the exposure, which may include the blast pressure experienced during exposure and other features as determined by the Secretary.

(3) Whether exposure occurred during combat or training.

(4) Whether a weapon was the source of the blast, and, if so, the type of weapon.

(5) Such other information on the exposure as the Secretary of Defense shall specify in the guidance.

(b) Reports.--

(1) In general.--Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on blast pressure exposure of members of the Armed Forces during--

(A) with respect to the initial report, the one-year period ending on the date of such report; and

(B) with respect to each subsequent report, the two-year period ending on the date of such report.

(2) Information from service records.--Each report submitted under paragraph (1) shall include summary descriptions of the information specified in each paragraph of subsection (a) that was included in the records of such members during the period covered by such report.

______

SA 2389. Ms. WARREN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 1046(a), strike paragraph (4) and all that follows through the end of the subsection and insert the following:

(4) by redesignating paragraph (5) as paragraph (10); and

(5) by inserting after paragraph (4) the following new paragraphs:

``(5) For each military operation covered by such report, whether or not the Department conducted any form of post-operation inquiry (including a battle damage assessment, commander-directed inquiry or investigation, or other form of inquiry), and, if so, the form of such inquiry.

``(6) For each combatant command for which such report covers one or more military operations, the remedial actions, if any, taken by the Department after such operations

(including the payment of ex gratia payments to victims or their families or the issuance of a formal apology to such families), set forth--

``(A) by operation; and

``(B) by country in which operations occurred.

``(7) The number, if any, of ex gratia payments made during the period covered by such report, set forth--

``(A) in aggregate;

``(B) by combatant command;

``(C) by operation; and

``(D) by country in which ex gratia payments were paid.

``(8) For the period covered by such report--

``(A) an explanation for the discrepancies, if any, between Department post-operation assessments of civilian casualties in connection with military operations covered by such report and credible reports of intergovernmental and non-governmental organizations on such casualties, set forth in general and in connection with each military operation covered by such report;

``(B) a description of the manner in which the reliability and accuracy of assessments and reports described in subparagraph (A) were assessed, and the standards used in assessing such reliability and accuracy;

``(C) a description of the manner in which discrepancies between such assessments and reports were addressed, and the standards used in addressing such discrepancies; and

``(D) a description of each case in which such an assessment was updated based on new information.

``(9) Any update or modification to a previous report under this section that the Secretary considers appropriate in order to ensure that the information on civilian casualties in connection with United States military operations provided by reports under this section is fully complete and accurate.''.

At the end of section 1046, add the following:

(c) Report on Staff and Other Resources for Following Civilian Casualties in Connection With Military Operations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the official of the Department of Defense whose responsibility is to develop, coordinate, and oversee compliance with the policy of the Department relating to civilian casualties resulting from United States military operations, submit to the congressional defense committees a report setting forth recommendations for mechanisms to provide appropriate staff and other resources for the assessment, investigation, and tracking by the Department of civilian casualties resulting from United States military operations.

______

SA 2390. Ms. WARREN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. COMPLIANCE WITH DFARS RESTRICTIONS ON CONTRACTOR

USE OF MANDATORY ARBITRATION AGREEMENTS.

(a) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on steps the Department of Defense has taken to ensure compliance with the provisions of subpart 222.74 of the Defense Federal Acquisition Regulation Supplement, which provides restrictions on the use of mandatory arbitration agreements.

(b) Elements.--The briefing required under subsection (a) shall include--

(1) a description of steps taken to ensure that the Department does not award contracts in excess of $1,000,000 to contractors that require as a condition of employment that employees enter an agreement to resolve certain claims and torts through arbitration; and

(2) a description of the extent to which the Secretary of Defense has waived the requirements of subpart 222.74.

______

SA 2391. Mr. RISCH (for himself and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PILOT EXTENSIONS AND REPORTING COMPLIANCE; PILOT

PROGRAM.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended--

(1) in subsection (cc), by striking ``2017'' and inserting

``2019'';

(2) in subsection (gg)(7), by striking ``2017'' and inserting ``2019'';

(3) in subsection (jj)(7), by striking ``2017'' and inserting ``2019'';

(4) in subsection (mm)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking

``2017'' and inserting ``2019'';

(ii) in subparagraph (I), by striking ``and'' at the end;

(iii) in subparagraph (J), by striking the period at the end and inserting ``; and''; and

(iv) by adding at the end the following:

``(K) funding for improvements that increase commonality across data systems, reduce redundancy, and improve data oversight and accuracy.''; and

(B) by adding at the end the following:

``(7) SBIR and sttr programs; fast program.--

``(A) Definition.--In this paragraph, the term `covered Federal agency' means a Federal agency that--

``(i) is required to conduct an SBIR program; and

``(ii) elects to use the funds allocated to the SBIR program of the Federal agency for the purposes described in paragraph (1).

``(B) Requirement.--Each covered Federal agency shall transfer an amount equal to 15 percent of the funds that are used for the purposes described in paragraph (1) to the Administration--

``(i) for the Regional SBIR State Collaborative Initiative Pilot Program established under subsection (tt);

``(ii) for the Federal and State Technology Partnership Program established under section 34; and

``(iii) to support the Office of the Administration that administers the SBIR program and the STTR program, subject to agreement from other agencies about how the funds will be used, in carrying out those programs and the programs described in clauses (i) and (ii).

``(8) Pilot program.--

``(A) In general.--Of amounts provided to the Administration under paragraph (7), not less than $5,000,000 shall be used to provide awards under the Regional SBIR State Collaborative Initiative Pilot Program established under subsection (tt) for each fiscal year in which the program is in effect.

``(B) Disbursement flexibility.--The Administration may use any unused funds made available under subparagraph (A) as of April 1 of each fiscal year for awards to carry out clauses

(ii) and (iii) of paragraph (7)(B) after providing written notice to--

``(i) the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate; and

``(ii) the Committee on Small Business and the Committee on Appropriations of the House of Representatives.''; and

(5) by adding at the end the following:

``(tt) Regional SBIR State Collaborative Initiative Pilot Program.--

``(1) Definitions.--In this subsection--

``(A) the term `eligible entity' means--

``(i) a research institution; and

``(ii) a small business concern;

``(B) the term `eligible State' means--

``(i) a State that the Administrator determines is in the bottom half of States, based on the average number of annual SBIR program awards made to companies in the State for the preceding 3 years for which the Administration has applicable data; and

``(ii) an EPSCoR State that--

``(I) is a State described in clause (i); or

``(II) is--

``(aa) not a State described in clause (i); and

``(bb) invited to participate in a regional collaborative;

``(C) the term `EPSCoR State' means a State that participates in the Established Program to Stimulate Competitive Research of the National Science Foundation, as established under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);

``(D) the term `FAST program' means the Federal and State Technology Partnership Program established under section 34;

``(E) the term `pilot program' means the Regional SBIR State Collaborative Initiative Pilot Program established under paragraph (2);

``(F) the term `regional collaborative' means a collaborative consisting of eligible entities that are located in not less than 3 eligible States; and

``(G) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

``(2) Establishment.--The Administrator shall establish a pilot program, to be known as the Regional SBIR State Collaborative Initiative Pilot Program, under which the Administrator shall provide awards to regional collaboratives to address the needs of small business concerns in order to--

``(A) be more competitive in the proposal and selection process for awards under the SBIR program and the STTR program; and

``(B) increase technology transfer and commercialization.

``(3) Goals.--The goals of the pilot program are--

``(A) to create regional collaboratives that allow eligible entities to work cooperatively to leverage resources to address the needs of small business concerns;

``(B) to grow SBIR program and STTR program cooperative research and development and commercialization through increased awards under those programs;

``(C) to increase the participation of States that have historically received a lower level of awards under the SBIR program and the STTR program;

``(D) to utilize the strengths and advantages of regional collaboratives to better leverage resources, best practices, and economies of scale in a region for the purpose of increasing awards and increasing the commercialization of the SBIR program and STTR projects;

``(E) to increase the competitiveness of the SBIR program and the STTR program;

``(F) to identify sources of outside funding for applicants for an award under the SBIR program or the STTR program, including venture capitalists, angel investor groups, private industry, crowd funding, and special loan programs; and

``(G) to offer increased one-on-one engagements with companies and entrepreneurs for SBIR program and STTR program education, assistance, and successful outcomes.

``(4) Application.--

``(A) In general.--A regional collaborative that desires to participate in the pilot program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

``(B) Inclusion of lead eligible entities and coordinator.--A regional collaborative shall include in an application submitted under subparagraph (A)--

``(i) the name of each lead eligible entity from each eligible State in the regional collaborative, as designated under paragraph (5)(A); and

``(ii) the name of the coordinator for the regional collaborative, as designated under paragraph (6).

``(C) Avoidance of duplication.--A regional collaborative shall include in an application submitted under subparagraph

(A) an explanation regarding how the activities of the regional collaborative under the pilot program would differ from other State and Federal outreach activities in each eligible State in the regional collaborative.

``(5) Lead eligible entity.--

``(A) In general.--Each eligible State in a regional collaborative shall designate 1 eligible entity located in the eligible State to serve as the lead eligible entity for the eligible State.

``(B) Authorization by governor.--Each lead eligible entity designated under subparagraph (A) shall be authorized to act as the lead eligible entity by the Governor of the applicable eligible State.

``(C) Responsibilities.--Each lead eligible entity designated under subparagraph (A) shall be responsible for administering the activities and program initiatives described in paragraph (7) in the applicable eligible State.

``(6) Regional collaborative coordinator.--Each regional collaborative shall designate a coordinator from amongst the eligible entities located in the eligible States in the regional collaborative, who shall serve as the interface between the regional collaborative and the Administration with respect to measuring cross-State collaboration and program effectiveness and documenting best practices.

``(7) Use of funds.--Each regional collaborative that is provided an award under the pilot program may, in each eligible State in which an eligible entity of the regional collaborative is located--

``(A) establish an initiative under which first-time applicants for an award under the SBIR program or the STTR program are reviewed by experienced, national experts in the United States, as determined by the lead eligible entity designated under paragraph (5)(A);

``(B) engage national mentors on a frequent basis to work directly with applicants for an award under the SBIR program or the STTR program, particularly during Phase II, to assist with the process of preparing and submitting a proposal;

``(C) create and make available an online mechanism to serve as a resource for applicants for an award under the SBIR program or the STTR program to identify and connect with Federal labs, prime government contractor companies, other industry partners, and regional industry cluster organizations;

``(D) conduct focused and concentrated outreach efforts to increase participation in the SBIR program and the STTR program by small business concerns owned and controlled by women, small business concerns owned and controlled by veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C)), and historically Black colleges and universities;

``(E) administer a structured program of training and technical assistance--

``(i) to prepare applicants for an award under the SBIR program or the STTR program--

``(I) to compete more effectively for Phase I and Phase II awards; and

``(II) to develop and implement a successful commercialization plan;

``(ii) to assist eligible States focusing on transition and commercialization to win Phase III awards from public and private partners;

``(iii) to create more competitive proposals to increase awards from all Federal sources, with a focus on awards under the SBIR program and the STTR program; and

``(iv) to assist first-time applicants by providing small grants for proof of concept research; and

``(F) assist applicants for an award under the SBIR program or the STTR program to identify sources of outside funding, including venture capitalists, angel investor groups, private industry, crowd funding, and special loan programs.

``(8) Award amount.--

``(A) In general.--The Administrator shall provide an award to each eligible State in which an eligible entity of a regional collaborative is located in an amount that is not more than $300,000 to carry out the activities described in paragraph (7).

``(B) Limitation.--

``(i) In general.--An eligible State may not receive an award under both the FAST program and the pilot program for the same year.

``(ii) Rule of construction.--Nothing in clause (i) may be construed to prevent an eligible State from applying for an award under the FAST program and the pilot program for the same year.

``(9) Duration of award.--An award provided under the pilot program--

``(A) shall be for a period of not more than 1 year; and

``(B) may be renewed by the Administrator for 1 additional year if the Administrator provides only 1 such renewal with respect to that award.

``(10) Termination.--The pilot program shall terminate on September 30, 2019, except that an entity that receives a 1-year renewal under paragraph (9)(B) before that date may continue to use the amounts with respect to that renewal at any time during that 1-year period.

``(11) Report.--Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the pilot program, which shall include--

``(A) details regarding the recipient of each award provided under the pilot program, including the amount of each award, the number of small business concerns that received assistance from the award amounts, and the manner in which the award was used to meet the goals described in paragraph (3);

``(B) to the extent practicable, an assessment of the best practices of the pilot program, including an analysis of how the pilot program compares to the FAST program and a single-State approach; and

``(C) recommendations regarding whether any aspect of the pilot program should be extended or made permanent.

``(uu) Outstanding Reports and Evaluations.--

``(1) In general.--Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives--

``(A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C),

(gg)(6), (jj)(6), and (mm)(6); and

``(B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Education under subsection (cc).

``(2) Information required.--Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.''.

______

SA 2392. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF

EFFECT OF OTHER-THAN-HONORABLE DISCHARGES ON

VETERAN EMPLOYMENT OUTCOMES.

(a) Review Required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor, complete a review of the effect of discharges and releases from service in the active military, naval, or air service under conditions other than honorable on employment outcomes for veterans who were so discharged or released.

(b) Elements.--The review required by subsection (a) shall include the following:

(1) An assessment of the effect of a discharge or release described in subsection (a) on a veteran's employment outcomes.

(2) Development of recommendations for legislative or administrative action to reduce the negative effect of such a discharge or release on employment outcomes, including potential educational campaigns.

(3) An assessment of agency outreach or other relevant efforts to inform veterans of their ability to seek a change to their character of discharge through a discharge review board.

(4) An assessment of the progress of the Secretary of Defense in implementing the recommendations of the Comptroller General published in the Government Accountability Office report GAO-17-260 in May of 2017 on actions needed to ensure post-traumatic stress disorder and traumatic brain injury are considered in misconduct separations.

(5) A review and development of recommended areas for improvement in the implementation by the Department of Defense of its August 25, 2017, clarifying guidance to Military Discharge Review Boards and Board for Correction of Military/Naval Records related to mental health conditions, sexual assault, or sexual harassment. Such review shall include identifying statistics on the number of upgrades and discharge reliefs requested and granted and the average timeframe for review of such requests.

(c) Report.--Not later than 90 days after the date on which the Comptroller General completes the review required by subsection (a), the Comptroller General shall submit to Congress a report on the results of the review.

(d) Definitions.--In this section, the terms ``active military, naval, or air service'', ``discharge or release'', and ``veteran'' have the meaning given such terms in section 101 of title 38, United States Code.

______

SA 2393. Mr. HELLER submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REVIEW OF TAP FOR WOMEN.

The Secretary of Defense shall conduct a comprehensive review of the Transition Assistance Program to ensure that it addresses the unique challenges and needs of women as they transfer from the Armed Forces to civilian life.

______

SA 2394. Mr. HELLER (for himself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND

VETERANS' DISABILITY COMPENSATION FOR CERTAIN

MILITARY RETIREES WITH COMPENSABLE SERVICE-

CONNECTED DISABILITIES.

(a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).

(b) Clerical Amendments.--

(1) The heading of section 1414 of such title is amended to read as follows:

``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''.

(2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''.

(c) Effective Date.--The amendments made by this section shall take effect on January 1, 2019, and shall apply to payments for months beginning on or after that date.

SEC. 623. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-

RELATED SPECIAL COMPENSATION AND CONCURRENT

RECEIPT.

(a) Amendments To Standardize Similar Provisions.--

(1) Qualified retirees.--Subsection (a) of section 1414 of title 10, United States Code, as amended by section 622(a), is further amended--

(A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and

(B) by adding at the end the following new paragraph:

``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who--

``(A) is entitled to retired pay (other than by reason of section 12731b of this title); and

``(B) is also entitled for that month to veterans' disability compensation.''.

(2) Disability retirees.--Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:

``(2) Special rule for retirees with fewer than 20 years of service.--The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of--

``(A) the amount of the reduction under sections 5304 and 5305 of title 38; or

``(B) the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''.

(b) Effective Date.--The amendments made by this section shall take effect on January 1, 2019, and shall apply to payments for months beginning on or after that date.

______

SA 2395. Mr. HELLER (for himself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. STANDARDIZATION OF APPLICABILITY OF SPECIAL RULES

FOR CHAPTER 61 DISABILITY RETIREES IN

CONNECTION WITH CONCURRENT RECEIPT OF RETIRED

PAY AND VETERANS' DISABILITY COMPENSATION.

(a) In General.--Paragraph (2) of section 1414(b) of title 10, United States Code, is amended to read as follows:

``(2) Disability retirees with less than 20 years of service.--

``(A) In general.--Subject to subparagraph (B), the retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of--

``(i) the amount of the reduction under sections 5304 and 5305 of title 38; or

``(ii) the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to the retired pay percentage (determined for the member under section 1409(b) of this title) of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.

``(B) Phased-in applicability.--Subparagraph (A) shall apply to qualified retirees as follows:

``(i) In the case of qualified retirees with a disability rated as 100 percent, or who are compensated at an equivalent rate due to individual unemployability, for months beginning on or after October 1, 2018.

``(ii) In the case of qualified retirees with a disability rated at least 90 percent but less than 100 percent, for months beginning on or after October 1, 2019.

``(iii) In the case of qualified retirees with a disability rated at least 80 percent but less than 90 percent, for months beginning on or after October 1, 2020.

``(iv) In the case of qualified retirees with a disability rated at least 70 percent but less than 80 percent, for months beginning on or after October 1, 2021.

``(v) In the case of qualified retirees with a disability rated at least 60 percent but less than 70 percent, for months beginning on or after October 1, 2022.

``(vi) In the case of qualified retirees with a disability rated at least 50 percent but less than 60 percent, for months beginning on or after October 1, 2023.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2018.

______

SA 2396. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title V, add the following:

SEC. 537. IMPROVEMENT OF CERTAIN LEAVE FOR MEMBERS OF THE

ARMED FORCES IN CONNECTION WITH CHILDBIRTH.

(a) In General.--Subsection (i) of section 701 of title 10, United States Code, is amended--

(1) by striking paragraph (5); and

(2) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.

(b) Conforming Amendments.--Subsection (j)(4) of such section is amended--

(1) by striking ``paragraphs (6) through (10)'' and inserting ``paragraphs (5) through (9)''; and

(2) by striking ``paragraph (9)(B)'' and inserting

``paragraph (8)(B)''.

______

SA 2397. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 7__. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE

CHEMICALS AS PART OF PERIODIC HEALTH

ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.

(a) Periodic Health Assessment.--The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been--

(1) based or stationed at a location where an open burn pit was used; or

(2) exposed to toxic airborne chemicals, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.

(b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was--

``(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or

``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.

(c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(D) An assessment of whether the member was--

``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.

(d) Sharing of Information.--

(1) DOD-VA.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals.

(2) Registry.--If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used, or the member was exposed to toxic airborne chemicals, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry, unless the member elects to not so enroll.

(e) Definitions.--In this section:

(1) The term ``Airborne Hazards and Open Burn Pit Registry'' means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).

(2) The term ``covered evaluation'' means--

(A) a periodic health assessment conducted in accordance with subsection (a);

(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and

(3) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).

______

SA 2398. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 10____. NATIONAL STRATEGIC AND CRITICAL MINERALS

PRODUCTION.

(a) Findings.--Congress finds that--

(1) in accordance with Executive Order 13806 (82 Fed. Reg. 34597 (July 26, 2017)), while a healthy manufacturing and defense industrial base and resilient supply chains are essential to the economic strength and national security of the United States, modern supply chains are often long and the ability of the United States to manufacture or obtain goods critical to the national security of the United States could be hampered by an inability to obtain various essential components that may not be directly related to national security;

(2) in accordance with Executive Order 13817 (82 Fed. Reg. 60835 (December 26, 2017)), the United States is heavily reliant on imports of certain mineral commodities that are vital to the security and economic prosperity of the United States;

(3) the dependency of the United States on foreign sources of certain mineral commodities creates a strategic vulnerability for the economy and the military to adverse foreign government actions, natural disasters, and other events that could disrupt the supply of key minerals;

(4) increased private-sector domestic exploration, production, recycling, and reprocessing of critical minerals and support for efforts to identify more commonly available technological alternatives to critical minerals would--

(A) reduce the dependence of the United States on imports of critical minerals;

(B) preserve the leadership of the United States in technological innovation;

(D) improve the national security and balance of trade of the United States; and

(E) enhance the technological superiority and readiness of the Armed Forces, which are among the most significant consumers of critical minerals in the United States;

(5) the industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies;

(6) the availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain;

(7) minerals and mineral materials are critical components of every transportation, water, telecommunications, and energy infrastructure project necessary to modernize the crumbling infrastructure of the United States;

(8) the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the United States; and

(9) the United States has vast mineral resources but is becoming increasingly dependent on foreign sources of mineral resources, as demonstrated by the fact that--

(A) 25 years ago, the United States was dependent on foreign sources for 45 nonfuel mineral materials, of which--

(i) 8 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and

(ii) 19 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;

(B) by 2015 the import dependence of the United States for nonfuel mineral materials increased from dependence on the import of 45 nonfuel mineral materials to dependence on the import of 47 nonfuel mineral materials, of which--

(i) 19 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and

(ii) 22 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;

(C) according to the Department of Energy, the United States imports greater than 50 percent of the 41 metals and minerals key to clean energy applications;

(D) the United States share of worldwide mineral exploration dollars was 7 percent in 2015, down from 19 percent in the early 1990s;

(E) the 2014 Ranking of Countries for Mining Investment, which ranks 25 major mining countries, found that 7- to 10-year permitting delays are the most significant risk to mining projects in the United States; and

(F) in late 2016, the Government Accountability Office found that--

(i) ``the Federal government's approach to addressing critical materials supply issues has not been consistent with selected key practices for interagency collaboration, such as ensuring that agencies' roles and responsibilities are clearly defined''; and

(ii) ``the Federal critical materials approach faces other limitations, including data limitations and a focus on only a subset of critical materials, a limited focus on domestic production of critical materials, and limited engagement with industry''.

(b) Definitions.--In this section:

(1) Agency.--The term ``agency'' means--

(A) any agency, department, or other unit of Federal, State, local, or tribal government; or

(B) an Alaska Native Corporation.

(2) Alaska native corporation.--The term ``Alaska Native Corporation'' has the meaning given the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(3) Lead agency.--The term ``lead agency'' means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project.

(4) Mineral exploration or mine permit.--The term ``mineral exploration or mine permit'' includes--

(A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for premining activities that requires an environmental impact statement or similar analysis under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.);

(B) a plan of operations issued by--

(i) the Bureau of Land Management under subpart 3809 of part 3800 of title 43, Code of Federal Regulations (or successor regulations); or

(ii) the Forest Service under subpart A of part 228 of title 36, Code of Federal Regulations (or successor regulations); and

(C) a permit issued under an authority described in section 3503.13 of title 43, Code of Federal regulations (or successor regulations).

(5) Project.--The term ``project'' means a project for which the issuance of a permit is required to conduct activities for, relating to, or incidental to mineral exploration, mining, beneficiation, processing, or reclamation activities--

(A) on a mining claim, millsite claim, or tunnel site claim for any locatable mineral; or

(B) in conjunction with any Federal mineral (other than coal and oil shale) that is leased under--

(i) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.); or

(ii) section 402 of Reorganization Plan Numbered 3 of 1946

(5 U.S.C. App.).

(1) Definition of strategic and critical minerals.--In this subsection, the term ``strategic and critical minerals'' means minerals that are necessary--

(A) for the national defense and national security requirements, including supply chain resiliency;

(B) for the energy infrastructure of the United States, including--

(i) pipelines;

(ii) refining capacity;

(iii) electrical power generation and transmission; and

(iv) renewable energy production;

(D) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; or

(E) for the economic security of, and balance of trade in, the United States.

(2) Consideration of certain domestic mines as infrastructure projects.--A domestic mine that, as determined by the lead agency, will provide strategic and critical minerals shall be considered to be an infrastructure project, as described in Executive Order 13807 (82 Fed. Reg. 40463

(August 24, 2017)).

(d) Responsibilities of the Lead Agency.--

(1) In general.--The lead agency shall appoint a project lead within the lead agency, who shall coordinate and consult with cooperating agencies and any other agencies involved in the permitting process, project proponents, and contractors to ensure that cooperating agencies and other agencies involved in the permitting process, project proponents, and contractors--

(A) minimize delays;

(B) set and adhere to timelines and schedules for completion of the permitting process;

(D) track progress against those goals.

(2) Determination under nepa.--

(A) In general.--To the extent that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of any mineral exploration or mine permit, the requirements of that Act shall be considered to have been procedurally and substantively satisfied if the lead agency determines that any State or Federal agency acting under State or Federal law has addressed or will address the following factors:

(i) The environmental impact of the action to be conducted under the permit.

(ii) Possible adverse environmental effects of actions under the permit.

(iii) Possible alternatives to issuance of the permit.

(iv) The relationship between long- and short-term uses of the local environment and the maintenance and enhancement of long-term productivity.

(v) Any irreversible and irretrievable commitment of resources that would be involved in the proposed action.

(vi) That public participation will occur during the decisionmaking process for authorizing actions under the permit.

(B) Written requirement.--In making a determination under subparagraph (A), not later than 90 days after receipt of an application for the permit, the lead agency, in a written record of decision, shall--

(i) explain the rationale used in reaching the determination;

(ii) state the facts in the record that are the basis for the determination; and

(iii) show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did.

(3) Coordination on permitting process.--

(A) In general.--The lead agency shall enhance government coordination for the permitting process by--

(i) avoiding duplicative reviews;

(ii) minimizing paperwork; and

(iii) engaging other agencies and stakeholders early in the process.

(B) Considerations.--In carrying out subparagraph (A), the lead agency shall consider--

(i) deferring to, and relying on, baseline data, analyses, and reviews performed by State agencies with jurisdiction over the proposed project; and

(ii) to the maximum extent practicable, conducting any consultations or reviews concurrently rather than sequentially if the concurrent consultation or review would expedite the process.

(C) Memorandum of agency agreement.--If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State and local governments, and other appropriate entities to accomplish the coordination activities described in this paragraph.

(4) Schedule for permitting process.--

(A) In general.--For any project for which the lead agency cannot make the determination described in paragraph (2), at the request of a project proponent, the lead agency, cooperating agencies, and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process, including--

(i) the decision on whether to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(ii) a determination of the scope of any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(iii) the scope of, and schedule for, the baseline studies required to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(iv) preparation of any draft environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(v) preparation of a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(vi) any consultations required under applicable law;

(vii) submission and review of any comments required under applicable law;

(viii) publication of any public notices required under applicable law; and

(ix) any final or interim decisions.

(B) Time limit for permitting process.--Except if extended by mutual agreement of the project proponent and the lead agency, the time period for the total review process described in subparagraph (A) shall not exceed 30 months.

(5) Limitation on addressing public comments.--The lead agency shall not be required to address any agency or public comments that were not submitted--

(A) during a public comment period or consultation period provided during the permitting process; or

(B) as otherwise required by law.

(6) Financial assurance.--The lead agency shall determine the amount of financial assurance required for reclamation of a mineral exploration or mining site, on the condition that the financial assurance shall cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State, or tribal environmental standards.

(7) Projects within national forests.--With respect to projects on National Forest System land, the lead agency shall--

(A) exempt from the requirements of part 294 of title 36, Code of Federal Regulations (or successor regulations)--

(i) all areas of identified mineral resources in land use designations, other than nondevelopment land use designations, in existence on the date of enactment of this Act; and

(ii) all additional routes and areas that the lead agency determines necessary to facilitate the construction, operation, maintenance, and restoration of an area described in clause (i); and

(B) continue to apply the exemptions described in subparagraph (A) after the date on which approval of the minerals plan of operations described in subsection

(b)(4)(B)(ii) for the National Forest System land.

(8) Application to existing permit applications.--

(A) In general.--This subsection applies to a mineral exploration or mine permit for which an application was submitted before the date of enactment of this Act if the applicant for the permit submits a written request to the lead agency for the permit.

(B) Implementation.--The lead agency shall begin implementing this subsection with respect to an application described in subparagraph (A) not later than 30 days after the date on which the lead agency receives the written request for the permit.

(e) Federal Register Process for Mineral Exploration and Mining Projects.--

(1) Departmental review.--Absent any extraordinary circumstances, as determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, and except as otherwise required by law, the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall ensure that each Federal Register notice associated with the issuance of a mineral exploration or mine permit and required by law shall be--

(A) subject to any required reviews within the Department of the Interior or the Department of Agriculture, as applicable; and

(B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice.

(2) Preparation.--The preparation of any Federal Register notice described in paragraph (1) shall be delegated to the organizational level within the lead agency.

(3) Transmission.--All Federal Register notices described in paragraph (1) regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall originate in, and be transmitted to the Federal Register from, the office in which, as applicable--

(A) the documents or meetings are held; or

(B) the activity is initiated.

(f) Secretarial Order Not Affected.--This section shall not apply to any mineral described in Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, in any area to which the order applies.

______

SA 2399. Mr. HELLER (for himself, Mrs. Shaheen, and Mr. Crapo) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVIII--MISSING ARMED FORCES PERSONNEL RECORDS

SEC. 1801. SHORT TITLE.

This title may be cited as the ``Bring Our Heroes Home Act''.

SEC. 1802. FINDINGS, DECLARATIONS, AND PURPOSES.

(a) Findings and Declarations.--Congress finds and declares the following:

(1) A vast number of records relating to Missing Armed Forces Personnel have not been identified, located, or transferred to the National Archives for review and declassification. Only in the rarest cases is there any legitimate need for continued protection of records pertaining to Missing Armed Forces Personnel who have been missing for decades.

(2) There has been insufficient priority placed on identifying, locating, transferring, reviewing, or declassifying records relating to Missing Armed Forces Personnel.

(3) Mandates for declassification set forth in multiple Executive orders have been broadly written, loosely interpreted, and often ignored by Federal Government officials in possession and control of records related to Missing Armed Forces Personnel.

(4) No individual or entity has been tasked with oversight of the identification, collection, review, and declassification of records related to Missing Armed Forces Personnel.

(5) The interest, desire, workforce, and funding of Federal agencies to assemble, review, and declassify records relating to Missing Armed Forces Personnel have been lacking.

(6) All records of the Federal Government relating to Missing Armed Forces Personnel should be preserved for historical and governmental purposes.

(7) All records of the Federal Government relating Missing Armed Forces Personnel should carry a presumption of immediate disclosure, and all such records should be disclosed under this title to enable the fullest possible accounting for Missing Armed Forces Personnel.

(8) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of records relating to Missing Armed Forces Personnel.

(9) Legislation is necessary because section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), as implemented by the executive branch of the Federal Government, has prevented the timely public disclosure of records relating to Missing Armed Forces Personnel.

(b) Purposes.--The purposes of this title are--

(1) to provide for the creation of the Missing Armed Forces Personnel Records Collection at the National Archives; and

(2) to require the expeditious public transmission to the Archivist and public disclosure of Missing Armed Forces Personnel records.

SEC. 1803. DEFINITIONS.

In this title:

(1) Archivist.--The term ``Archivist'' means Archivist of the United States.

(2) Collection.--The term ``Collection'' means the Missing Armed Forces Personnel Records Collection established under section 1804(a).

(3) Executive agency.--The term ``Executive agency''--

(A) means an agency, as defined in section 552(f) of title 5, United States Code; and

(B) includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Federal Government, including the Executive Office of the President, any branch of the Armed Forces, and any independent regulatory agency.

(4) Executive branch missing armed forces personnel record.--The term ``executive branch Missing Armed Forces Personnel record'' means a Missing Armed Forces Personnel record of an Executive agency, or information contained in such a Missing Armed Forces Personnel record obtained or developed solely within the executive branch of the Federal Government.

(5) Government office.--The term ``Government office'' means a department or agency within the executive branch of the Federal Government, the Library of Congress, and the National Archives.

(6) Identification aid.--The term ``identification aid'' means the standard form prepared under section 1805(d)(1)(A).

(7) Missing armed forces personnel.--The term ``Missing Armed Forces Personnel'' means one or more ``missing persons'' as defined in section 1513 of title 10, United States Code.

(8) Missing armed forces personnel record.--The term

``Missing Armed Forces Personnel record'' means a record that relates, directly or indirectly, to the loss, fate, or status of Missing Armed Forces Personnel that was created or made available for use by, obtained by, or otherwise came into the custody, possession, or control of--

(A) any Government office;

(B) any Presidential library; or

(9) National archives.--The term ``National Archives''--

(A) means the National Archives and Records Administration; and

(B) includes--

(i) any component of the National Archives and Records Administration; and

(ii) a Presidential archival depository established under section 2112 of title 44, United States Code.

(10) Official investigation.--The term ``official investigation'' means a review, briefing, or hearing relating to Missing Armed Forces Personnel conducted by a Presidential commission, committee of Congress, or agency, regardless of whether it is conducted independently, at the request of any Presidential commission or committee of Congress, or at the request of any official of the Federal Government.

(11) Originating body.--The term ``originating body'' means the Government office that created a record or particular information within a record.

(12) Public interest.--The term ``public interest'' means the compelling interest in the prompt public disclosure of Missing Armed Forces Personnel records for historical and governmental purposes and for the purpose of fully informing the people of the United States, most importantly families of Missing Armed Forces Personnel, about the fate of the Missing Armed Forces Personnel and the process by which the Federal Government has sought to account for them.

(13) Record.--The term ``record'' includes a book, paper, map, photograph, sound or video recording, machine readable material, computerized, digitized, or electronic information, regardless of the medium on which it is stored, and other documentary material, regardless of its physical form or characteristics.

(14) Review board.--The term ``Review Board'' means the Missing Armed Forces Personnel Records Review Board established under section 1807.

(15) Third agency.--The term ``third agency'' means a Government office that originated a Missing Armed Forces Personnel record that is in the custody, possession, or control of another Government office whose review and authorization is required before a record can be designated for disclosure.

SEC. 1804. MISSING ARMED FORCES PERSONNEL RECORDS COLLECTION

AT THE NATIONAL ARCHIVES.

(a) Establishment of Collection.--Not later than 60 days after the date of enactment of this Act, the National Archives shall commence establishment of a collection of records to be known as the Missing Armed Forces Personnel Records Collection.

(b) Regulations.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Review Board shall promulgate rules to establish guidelines and processes for the maintenance of the Collection.

(2) Requirements.--The rules required to be promulgated under paragraph (1) shall include guidelines and processes for--

(A) transmission of records for inclusion in the Collection;

(B) disclosure of records contained in the Collection;

(D) availability and security of records contained in the Collection.

SEC. 1805. REVIEW, IDENTIFICATION, TRANSMISSION TO THE

NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF

MISSING ARMED FORCES PERSONNEL RECORDS BY

GOVERNMENT OFFICES.

(a) In General.--

(1) Preparation.--As soon as practicable after the date of enactment of this Act, and sufficiently in advance of the deadlines established under this title, each Government office shall--

(A) identify, locate, and organize any Missing Armed Forces Personnel records in the custody, possession, or control of the Government office; and

(B) prepare for transmission to the Archivist any Missing Armed Forces Personnel records that have not previously been transmitted to the Archivist by the Government office.

(2) Certification.--Each Government office shall submit to the Archivist, under penalty of perjury, a certification indicating--

(A) whether the Government office has conducted a thorough search for all Missing Armed Forces Personnel records in the custody, possession, or control of the Government office; and

(B) whether any Missing Armed Forces Personnel record has been withheld by the office, other than in accordance with this title.

(3) Preservation.--No Missing Armed Forces Personnel record shall be destroyed, altered, or mutilated in any way.

(4) Effect of previous disclosure.--A Missing Armed Forces Personnel record made available or disclosed to the public before the date of enactment of this Act may not be withheld, redacted, postponed for public disclosure, or reclassified.

(5) Non-federal records.--Except for the exclusion of names or identities in accordance with section 1806, a Missing Armed Forces Personnel record created by an individual or entity that is not part of the Federal Government may not be withheld, redacted, postponed for public disclosure, or reclassified.

(6) Withheld records.--For any Missing Armed Forces Personnel record that is withheld by a Government office from the Archivist or the Review Board, the head of the Government office shall submit an unclassified report to the Review Board and each appropriate committee of the Senate and the House of Representatives explaining the decision to withhold the record.

(b) Custody of Missing Armed Forces Personnel Records Pending Review.--During the period during which a Missing Armed Forces Personnel record is being reviewed by a Government office and any review activity by the Review Board relating to the Missing Armed Forces Personnel record is pending, the Government office shall retain custody of the Missing Armed Forces Personnel record for purposes of preservation, security, and efficiency, unless--

(1) the Review Board requires the physical transfer of the Missing Armed Forces Personnel record for purposes of conducting an independent and impartial review; or

(2) transfer is necessary for an administrative hearing or other Review Board function.

(1) In general.--Not later than 180 days after the date of enactment of this Act, each Government office shall, in accordance with the rules promulgated under paragraph (2)--

(A) identify, locate, review, and organize each Missing Armed Forces Personnel record in the custody, possession, or control of the Government office for transmission to the Archivist and disclosure to the public or, if needed, review by the Review Board; and

(B) identify and review for public disclosure each Missing Armed Services Personnel record previously transferred to the National Archives that remains classified in whole or in part.

(2) Requirement.--The Review Board shall promulgate rules for the disclosure of relevant records by Government offices under paragraph (1).

(3) Presidential archival depositories.--The Director of each Presidential archival depository established under section 2112 of title 44, United States Code, shall--

(A) have as a priority the expedited review for public disclosure of Missing Armed Forces Personnel records in the custody, possession, or control of the depository; and

(B) make Missing Armed Forces Personnel records available to the Review Board as required under this title.

(4) National archives records.--Not later than 60 days after the date of enactment of this Act, the Archivist shall--

(A) locate and identify all Missing Armed Forces Personnel records in the custody, possession, or control of the National Archives that remain classified, in whole or in part;

(B) notify a Government office if the Archivist locates and identifies a record of the Government office under subparagraph (A); and

(C) make each Missing Armed Forces Personnel record located and identified under subparagraph (A) available for review by the originating body.

(d) Identification Aids.--

(1) Preparation.--

(A) In general.--Not later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all Government offices a standard form for collecting information relating to each Missing Armed Forces Personnel record subject to review under this title.

(B) Compatibility.--The Archivist shall prepare and make available identification aids in a manner that results in a uniform and compatible system of electronic records for use by Government offices.

(2) Use.--Upon completion of an identification aid, a Government office shall--

(A) attach a printed copy to the record to which the identification aid relates;

(B) transmit to the Review Board a printed copy of the identification aid; and

(C) attach a printed copy to each Missing Armed Forces Personnel record described in the identification aid when the Missing Armed Forces Personnel record is transmitted to the Archivist.

(3) Records already public.--A Missing Armed Forces Personnel record that is in the custody, possession, or control of the National Archives on the date of enactment of this Act, and that has been publicly available in its entirety without redaction--

(A) shall be made available in the Collection without any additional review by the Review Board or another Government office under this title; and

(B) shall not be required to have an identification aid, unless required by the Archivist.

(e) Transmission to the National Archives.--Each Government office shall--

(1) not later than 180 days after the date of enactment of this Act, transmit to the Archivist, and make available to the public, all Missing Armed Forces Personnel records in the custody, possession or control of the Government office that may be publicly disclosed under the standards under this title, including those that are publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding; and

(2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this title, all Missing Armed Forces Personnel records the public disclosure of which has been postponed, in whole or in part, under the standards under this title, to become part of the protected Collection.

(f) Custody of Postponed Missing Armed Services Personnel Records.--A Missing Armed Forces Personnel record the public disclosure of which has been postponed under the standards under this title shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as an information security program has been established at the National Archives.

(g) Periodic Review of Postponed Missing Armed Services Personnel Records.--

(1) In general.--All Missing Armed Forces Personnel records, or information within a Missing Armed Forces Personnel record, the public disclosure of which has been postponed under the standards under this title shall be reviewed periodically by the originating body and by the Archivist consistent with the recommendations of the Review Board under section 1809(c)(3)(B).

(2) Contents.--

(A) In general.--A periodic review of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, by the originating body shall address the public disclosure of the Missing Armed Forces Personnel record under the standards under this title.

(B) Continued postponement.--If an originating body conducting a periodic review of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the public disclosure of which has been postponed under the standards under this title determines that continued postponement is required, the originating body shall provide to the Archivist and publish in the Federal Register an unclassified written description of the reason for the continued postponement.

(C) Scope.--The periodic review of postponed Missing Armed Forces Personnel records, or information within a Missing Armed Forces Personnel record, shall serve the purpose stated in section 1802(b)(2), to provide expeditious public disclosure of Missing Armed Forces Personnel records, to the fullest extent possible, subject only to the grounds for postponement of disclosure under section 1806.

(D) Disclosure absent certification by president.--Not later than 5 years after the date of enactment of this Act, all Missing Armed Forces Personnel records, and information within a Missing Armed Forces Personnel record, shall be publicly disclosed in full, and available in the Collection, unless the President submits to the Archivist a certification that--

(i) continued postponement is necessary because of an identifiable harm to the military defense, intelligence operations, or conduct of foreign relations; and

(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.

(h) Fees for Copying.--An Executive agency--

(1) shall charge a fee for copying Missing Armed Forces Personnel records; and

(2) may grant a waiver of such a fee in a manner in accordance with the standards established by the head of the Executive agency for purposes of section 552(a)(4) of title 5, United States Code.

SEC. 1806. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF

RECORDS.

Disclosure to the public of a Missing Armed Forces Personnel record or particular information in a Missing Armed Forces Personnel record may be postponed subject to the limitations under this title if there is clear and convincing evidence that--

(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the Missing Armed Forces Personnel record or information is of such gravity that it outweighs the public interest, and such public disclosure would reveal--

(A) an intelligence agent whose identity requires continued protection;

(B) an intelligence source or method--

(i) which is in use, or reasonably expected to be used, by the Federal Government;

(ii) which has not been officially disclosed; and

(iii) the disclosure of which would interfere with the conduct of intelligence activities; or

(C) any other matter relating to the current military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States;

(2) the public disclosure of the Missing Armed Forces Personnel record would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person; or

(3) the public disclosure of the Missing Armed Forces Personnel record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest.

SEC. 1807. ESTABLISHMENT AND POWERS OF THE MISSING ARMED

FORCES PERSONNEL RECORDS REVIEW BOARD.

(a) Establishment.--There is established as an independent establishment in the executive branch a board to be known as the Missing Armed Forces Personnel Records Review Board.

(b) Membership.--

(1) Appointments.--The President shall appoint, by and with the advice and consent of the Senate, 5 individuals to serve as a member of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records.

(2) Qualifications.--The President shall appoint individuals to serve as members of the Review Board--

(A) without regard to political affiliation;

(B) who are citizens of the United States of integrity and impartiality;

(C) who have high national professional reputation in their fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the identification, location, review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records;

(D) who possess an appreciation of the value of Missing Armed Forces Personnel records to scholars, the Federal Government, and the public, particularly families of Missing Armed Forces Personnel;

(E) not less than one professional historian; and

(F) not less than one attorney.

(3) Deadlines.--

(A) In general.--Not later than 30 days after the date of enactment of this Act, the President shall submit nominations for all members of the Review Board.

(B) Confirmation rejected.--If the Senate votes not to confirm a nomination to serve as a member of the Review Board, not later than 90 days after the date of the vote the President shall submit the nomination of an additional individual to serve as a member of the Review Board.

(4) Consultation.--The President shall make nominations to the Review Board after considering individuals recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, the American Bar Association, veterans' organizations, and organizations representing families of Missing Armed Forces Personnel.

(c) Security Clearances.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be a member of the Review Board, seeking security clearances necessary to carry out the duties of the Review Board, is expeditiously reviewed and granted or denied.

(d) Confirmation.--

(1) Hearings.--Not later 30 days on which the Senate is in session after the date on which not less than 3 individuals have been nominated to serve as members of the Review Board, the Committee on Homeland Security and Governmental Affairs of the Senate shall hold confirmation hearings on the nominations.

(2) Committee vote.--Not later than 14 days on which the Senate is in session after the date on which the Committee on Homeland Security and Governmental Affairs holds a confirmation hearing on the nomination of an individual to serve as a member of the Review Board, the committee shall vote on the nomination and report the results to the full Senate immediately.

(3) Senate vote.--Not later than 14 days on which the Senate is in session after the date on which the Committee on Homeland Security and Governmental Affairs reports the results of a vote on a nomination of an individual to serve as a member of the Review Board, the Senate shall vote on the confirmation of the nominee.

(e) Vacancy.--Not later than 60 days after the date on which a vacancy on the Review Board occurs, the vacancy shall be filled in the same manner as specified for original appointment.

(f) Chairperson.--The members of the Review Board shall elect a member as Chairperson at the initial meeting of the Review Board.

(g) Removal of Review Board Member.--

(1) In general.--A member of the Review Board shall not be removed from office, other than--

(A) by impeachment by Congress; or

(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.

(2) Judicial review.--

(A) In general.--A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.

(B) Relief.--The member may be reinstated or granted other appropriate relief by order of the court.

(h) Compensation of Members.--

(1) Basic pay.--A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day

(including travel time) during which the member is engaged in the performance of the duties of the Review Board.

(2) Travel expenses.--A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board.

(i) Duties of the Review Board.--

(1) In general.--The Review Board shall consider and render a decision on a determination by a Government office to seek to postpone the disclosure of a Missing Armed Forces Personnel record, in whole or in part.

(2) Records.--In carrying out paragraph (1), the Review Board shall consider and render a decision regarding--

(A) whether a record constitutes a Missing Armed Forces Personnel record; and

(B) whether a Missing Armed Forces Personnel record, or particular information in a Missing Armed Forces Personnel record, qualifies for postponement of disclosure under this title.

(j) Powers.--The Review Board shall have the authority to act in a manner prescribed under this title, including authority to--

(1) direct Government offices to create identification aids and organize Missing Armed Forces Personnel records;

(2) direct Government offices to transmit to the Archivist Missing Armed Forces Personnel records as required under this title, including segregable portions of Missing Armed Forces Personnel records and substitutes and summaries of Missing Armed Forces Personnel records that can be publicly disclosed to the fullest extent;

(3) obtain access to Missing Armed Forces Personnel records that have been identified and organized by a Government office;

(4) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this title;

(5) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Review Board considers advisable to carry out its responsibilities under this title;

(6) hold individuals in contempt for failure to comply with directives and mandates issued by the Review Board under this title, which shall not include the authority to imprison or fine any individual;

(7) require any Government office to account in writing for the destruction of any records relating to the loss, fate, or status of Missing Armed Forces Personnel; and

(8) receive information from the public regarding the identification and public disclosure of Missing Armed Forces Personnel records.

(k) Witness Immunity.--The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code.

(l) Oversight.--

(1) In general.--The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives shall have--

(A) continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board; and

(B) upon request, access to any records held or created by the Review Board.

(2) Duty of review board.--The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction under paragraph (1).

(m) Support Services.--The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.

(n) Interpretive Regulations.--The Review Board may issue interpretive regulations.

(o) Termination and Winding Up.--

(1) In general.--Two years after the date of enactment of this Act, the Review Board shall, by majority vote, determine whether all Government offices have complied with the obligations, mandates, and directives under this title.

(2) Termination date.--The Review Board shall terminate on the date that is 4 years after the date of enactment of this Act.

(3) Report.--Before the termination of the Review Board under paragraph (2), the Review Board shall submit to Congress reports, including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this title.

(4) Records.--Upon termination of the Review Board, the Review Board shall transfer all records of the Review Board to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.

SEC. 1808. MISSING ARMED FORCES PERSONNEL RECORDS REVIEW

BOARD PERSONNEL.

(a) Executive Director.--

(1) In general.--Not later than 45 days after the initial meeting of the Review Board, the Review Board shall appoint an individual to the position of Executive Director.

(2) Qualifications.--The individual appointed as Executive Director of the Review Board--

(A) shall be a citizen of the United States of integrity and impartiality;

(B) shall be appointed without regard to political affiliation; and

(3) Security clearance.--

(A) Limit on appointment.--The Review Board shall not appoint an individual as Executive Director until after the date on which the individual qualifies for the necessary security clearance.

(B) Expedited provision.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual nominated to be Executive Director, seeking security clearances necessary to carry out the duties of the Executive Director, is expeditiously reviewed and granted or denied.

(4) Duties.--The Executive Director shall--

(A) serve as principal liaison to Government offices;

(B) be responsible for the administration and coordination of the review of records by the Review Board;

(D) not have the authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure.

(5) Removal.--The Executive Director may be removed by a majority vote of the Review Board.

(b) Staff.--

(1) In general.--The Review Board may, in accordance with the civil service laws, but without regard to civil service law and regulation for competitive service as defined in subchapter 1, chapter 33 of title 5, United States Code, appoint and terminate additional employees as are necessary to enable the Review Board and the Executive Director to perform their duties under this title.

(2) Qualifications.--An individual appointed to a position as an employee of the Review Board--

(A) shall be a citizen of the United States of integrity and impartiality; and

(B) shall not have had any previous involvement with any official investigation or inquiry relating to the loss, fate, or status of Missing Armed Forces Personnel.

(3) Security clearance.--

(A) Limit on appointment.--The Review Board shall not appoint an individual as an employee of the Review Board until after the date on which the individual qualifies for the necessary security clearance.

(B) Expedited provision.--The appropriate departments, agencies, and elements of the executive branch of the Federal Government shall cooperate to ensure that an application by an individual who is a candidate for a position with the Review Board, seeking security clearances necessary to carry out the duties of the position, is expeditiously reviewed and granted or denied.

(c) Compensation.--The Review Board shall fix the compensation of the Executive Director and other employees of the Review Board without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

(d) Advisory Committees.--

(1) In general.--The Review Board may create one or more advisory committees to assist in fulfilling the responsibilities of the Review Board under this title.

(2) Applicability of faca.--Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 1809. REVIEW OF RECORDS BY THE MISSING ARMED FORCES

PERSONNEL RECORDS REVIEW BOARD.

(a) Custody of Records Reviewed by Review Board.--Pending the outcome of the review activity of the Review Board, a Government office shall retain a Missing Armed Forces Personnel record in the custody, possession or control of the Government office for purposes of preservation, security, and efficiency, unless--

(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or

(2) such transfer is necessary for an administrative hearing or other official function of the Review Board.

(b) Startup Requirements.--The Review Board shall--

(1) not later than 90 days after the date on which all members are appointed, publish a schedule for review of all Missing Armed Forces Personnel records in the Federal Register; and

(2) not later than 180 days after the date of enactment of this Act, begin reviewing of Missing Armed Forces Personnel records under this title.

(1) In general.--The Review Board shall direct that all records that relate, directly or indirectly, to the loss, fate, or status of Missing Armed Forces Personnel be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that--

(A) the record is not a Missing Armed Forces Personnel record; or

(B) the Missing Armed Forces Personnel record, or particular information within the Missing Armed Forces Personnel record, qualifies for postponement of public disclosure under this title.

(2) Postponement.--In approving postponement of public disclosure of a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the Review Board shall seek to--

(A) provide for the disclosure of segregable parts, substitutes, or summaries of the Missing Armed Forces Personnel record; and

(B) determine, in consultation with the originating body and consistent with the standards for postponement under this title, which of the following alternative forms of disclosure shall be made by the originating body:

(i) Any reasonably segregable particular information in a Missing Armed Forces Personnel record.

(ii) A substitute record for that information which is postponed.

(iii) A summary of a Missing Armed Forces Personnel record.

(3) Reporting.--With respect to a Missing Armed Forces Personnel record, or information within a Missing Armed Forces Personnel record, the public disclosure of which is postponed under this title, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist a report containing--

(A) a description of actions by the Review Board, the originating body, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board; and

(B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified time at which, or a specified occurrence following which, the material may be appropriately disclosed to the public under this title, which the Review Board shall disclose to the public with notice thereof, reasonably calculated to make interested members of the public aware of the existence of the statement.

(4) Actions after determination.--

(A) In general.--Not later than 14 days after the date of a determination by the Review Board that a Missing Armed Forces Personnel record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination and publish a copy of the determination in the Federal Register.

(B) Oversight notice.--Simultaneous with notice under subparagraph (A), the Review Board shall provide notice of a determination concerning the public disclosure or postponement of disclosure of a Missing Armed Forces Personnel record, or information contained within a Missing Armed Forces Personnel record, which shall include a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards in section 1806 to the President, to the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives

(5) Referral after termination.--A Missing Armed Forces Personnel record that is identified, located, or otherwise discovered after the date on which the Review Board terminates shall be referred to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives for review, ongoing oversight and, as warranted, referral for possible enforcement action relating to a violation of this title.

(d) Notice to Public.--Every 30 days, beginning on the date that is 60 days after the date on which the Review Board first approves the postponement of disclosure of a Missing Armed Forces Personnel record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board, including a description of the subject, originating body, length or other physical description, and each ground for postponement that is relied upon.

(e) Reports by the Review Board.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, and every year thereafter until the Review Board terminates, the Review Board shall submit a report regarding the activities of the Review Board to--

(A) the Committee on Oversight and Government Reform of the House of Representatives;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate;

(D) the Archivist; and

(E) the head of any Government office the records of which have been the subject of Review Board activity.

(2) Contents.--Each report under paragraph (1) shall include the following information:

(A) A financial report of the expenses for all official activities and requirements of the Review Board and its employees.

(B) The progress made on review, transmission to the Archivist, and public disclosure of Missing Armed Forces Personnel records.

(C) The estimated time and volume of Missing Armed Forces Personnel records involved in the completion of the duties of the Review Board under this title.

(D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to carry out its duties under this title.

(E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized under this title, and a record of the volume of records reviewed and postponed.

(F) Suggestions and requests to Congress for additional legislative authority needs.

(G) An appendix containing copies of reports relating to postponed records submitted to the Archivist under subsection

(c)(3) since the end of the period covered by the most recent report under paragraph (1).

(3) Termination notice.--Not later than 90 days before the Review Board expects to complete the work of the Review Board under this title, the Review Board shall provide written notice to Congress of the intent of the Review Board to terminate operations at a specified date.

SEC. 1810. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL

STUDY.

(a) Materials Under Seal of Court.--

(1) In general.--The Review Board may request the Attorney General to petition any court of the United States or of a foreign country to release any information relevant to the loss, fate, or status of Missing Armed Forces Personnel that is held under seal of the court.

(2) Grand jury information.--

(A) In general.--The Review Board may request the Attorney General to petition any court of the United States to release any information relevant to loss, fate, or status of Missing Armed Forces Personnel that is held under the injunction of secrecy of a grand jury.

(B) Treatment.--A request for disclosure of Missing Armed Forces Personnel materials under this title shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;

(2) the Secretary of State should--

(A) contact the governments of the Russian Federation, the People's Republic of China, and the Democratic People's Republic of Korea to seek the disclosure of all records in their respective custody, possession, or control relevant to the loss, fate, or status of Missing Armed Forces Personnel; and

(B) contact any other foreign government that may hold information relevant to the loss, fate, or status of Missing Armed Forces Personnel, and seek disclosure of such information; and

(3) all agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the loss, fate, or status of Missing Armed Forces Personnel consistent with the public interest.

SEC. 1811. RULES OF CONSTRUCTION.

(a) Precedence Over Other Law.--When this title requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law

(except section 6103 of the Internal Revenue Code of 1986), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.

(b) Freedom of Information Act.--Nothing in this title shall be construed to eliminate or limit any right to file requests with any Executive agency or seek judicial review of the decisions under section 552 of title 5, United States Code.

(c) Judicial Review.--Nothing in this title shall be construed to preclude judicial review under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this title.

(d) Existing Authority.--Nothing in this title revokes or limits the existing authority of the President, any Executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its custody, possession, or control.

(e) Rules of the Senate and House of Representatives.--To the extent that any provision of this title establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted--

(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

SEC. 1812. TERMINATION OF EFFECT.

(a) Provisions Pertaining to the Review Board.--The provisions of this title that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated under section 1807(o).

(b) Other Provisions.--The remaining provisions of this title shall continue in effect until such time as the Archivist certifies to the President and Congress that all Missing Armed Forces Personnel records have been made available to the public in accordance with this title.

SEC. 1813. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this title, to remain available until expended.

(b) Interim Funding.--Until such time as funds are appropriated pursuant to subsection (a), the President may use such sums as are available for discretionary use to carry out this title.

SEC. 1814. SEVERABILITY.

If any provision of this title, or the application thereof to any person or circumstance, is held invalid, the remainder of this title and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.

______

SA 2400. Mrs. ERNST submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. PRESIDENTIAL ALLOWANCE MODERNIZATION.

(a) Short Title.--This section may be cited as the

``Presidential Allowance Modernization Act of 2018''.

(b) Amendments.--

(1) Former presidents.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is amended--

(A) by redesignating subsections (f) and (g) as subsections

(h) and (i), respectively;

(B) by striking the matter preceding subsection (e) and inserting the following:

``(a) Annuities and Allowances.--

``(1) Annuity.--Each former President shall be entitled to receive from the United States an annuity, subject to subsections (b) and (c)--

``(A) at the rate of $200,000 per year; and

``(B) which shall commence on the day after the date on which an individual becomes a former President.

``(2) Allowance.--The General Services Administration is authorized to provide each former President a monetary allowance, subject to appropriations and subsections (b),

(c), and (d), at the rate of--

``(A) $500,000 per year for 5 years beginning on the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note);

``(B) $350,000 per year for the 5 years following the 5-year period under subparagraph (A); and

``(C) $250,000 per year thereafter.

``(b) Duration; Frequency.--

``(1) In general.--The annuity and monetary allowance under subsection (a) shall--

``(A) terminate on the date that is 30 days after the date on which the former President dies; and

``(B) be payable by the Secretary of the Treasury on a monthly basis.

``(2) Appointive or elective positions.--The annuity and monetary allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate.

``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and monetary allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)).

``(d) Limitation on Monetary Allowance.--

``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection

(a)(2) to a former President for any 12-month period--

``(A) except as provided in subparagraph (B), may not exceed the amount by which--

``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for the 12-month period, exceeds (if at all)

``(ii) the applicable reduction amount for the 12-month period; and

``(B) shall not be less than the amount determined under paragraph (4).

``(2) Definition.--

``(A) In general.--For purposes of paragraph (1), the term

`applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which--

``(i) the earned income (as defined in section 32(c)(2) of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available, exceeds (if at all)

``(ii) $400,000, subject to subparagraph (C).

``(B) Joint returns.--In the case of a joint return, subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President.

``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection).

``(3) Disclosure requirement.--

``(A) Definitions.--In this paragraph--

``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and

``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate.

``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.

``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)--

``(i) disclose the return or return information to any entity or person; or

``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2).

``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the monetary allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.'';

``(f) Office Staff.--

``(1) In general.--The Administrator of General Services shall, without regard to the civil service and classification laws, provide for each former President an office staff of not more than 13 individuals, at the request of the former President, on a reimbursable basis.

``(2) Compensation.--The annual rate of compensation payable to any individual under paragraph (1) shall not exceed the highest annual rate of basic pay for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code.

``(3) Selection; responsibility.--An individual employed under this subsection--

``(A) shall be selected by the former President; and

``(B) shall be responsible only to the former President for the performance of duties.

``(g) Office Space and Related Furnishings and Equipment.--

``(1) Office space.--The Administrator of General Services

(referred to in this subsection as the `Administrator') shall, at the request of a former President, on a reimbursable basis provide for the former President suitable office space, as determined by the Administrator, at a place within the United States specified by the former President.

``(2) Furnishings and equipment.--

``(A) Reimbursable.--The Administrator may, at the request of a former President, provide the former President with suitable office furnishings and equipment on a reimbursable basis.

``(B) Without reimbursement.--

``(i) Grandfathered former presidents.--In the case of any individual who is a former President on the date of enactment of the Presidential Allowance Modernization Act of 2018, the former President may retain without reimbursement any furniture and equipment in the possession of the former President.

``(ii) Presidential transition act.--A former President may retain without reimbursement any furniture or equipment acquired under section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).

``(iii) Excess furniture and equipment.--The Administrator may provide excess furniture and equipment to the office of a former President at no cost other than necessary transportation costs.''; and

(D) by adding at the end the following:

``(j) Applicability.--Subsections (f), (g) (other than paragraph (2)(B)(i) of that subsection), and (i) shall apply with respect to a former President on and after the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).''.

(2) Surviving spouses of former presidents.--

(A) Increase in amount of monetary allowance.--Subsection

(e) of the first section of the Former Presidents Act of 1958 is amended--

(i) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and

(ii) in the second sentence--

(I) in paragraph (2), by striking ``and'' at the end;

(II) in paragraph (3)--

(aa) by striking ``or the government of the District of Columbia''; and

(bb) by striking the period and inserting ``; and''; and

(III) by inserting after paragraph (3) the following:

``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection

(c).''.

(B) Coverage of widower of a former president.--Subsection

(e) of the first section of the Former Presidents Act of 1958, as amended by subparagraph (A), is amended--

(i) by striking ``widow'' each place it appears and inserting ``widow or widower''; and

(ii) by striking ``she'' and inserting ``she or he''.

(3) Subsection headings.--The first section of the Former Presidents Act of 1958 is amended--

(A) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--'';

(B) in subsection (h) (as redesignated by paragraph

(1)(A)), by inserting after the subsection enumerator the following: ``Definition.--''; and

(1)(A)), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.--''.

(4) Conforming amendments.--

(A) Title 5.--Subpart G of part III of title 5, United States Code, is amended--

(i) in section 8101(1)(E), by striking ``1(b)'' and inserting ``1(f)'';

(ii) in section 8331(1)(I), by striking ``1(b)'' and inserting ``1(f)'';

(iii) in section 8701(a)(9), by striking ``1(b)'' and inserting ``1(f)''; and

(iv) in section 8901(1)(H) by striking ``1(b)'' and inserting ``1(f)''.

(B) Presidential transition act of 1963.--Section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking the last sentence.

(1) any provision of law relating to the security or protection of a former President or a member of the family of a former President;

(2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1); or

(3) funding for any office space lease in effect on the day before the date of enactment of this Act under subsection (c) of the first section of the Former Presidents Act of 1958 (as in effect on the day before the date of enactment of this Act) until the expiration date contained in the lease, if the lease was submitted to the Committee on Oversight and Government Reform of the House of Representatives on April 12, 2017.

(d) Transition Rules.--

(1) Former presidents.--In the case of any individual who is a former President on the date of enactment of this Act, the amendments made by section subsection (b)(1) shall be applied as if the commencement date referred in subsections

(a)(1)(B) and (a)(2)(A) of the first section of the Former Presidents Act of 1958, as amended by subsection (b)(1), coincided with the date that is 180 days after the date of enactment of this Act.

(2) Widows.--In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by subsection (a)(2)(A) shall be applied as if the commencement date referred to in subsection (e)(1) of the first section of the Former Presidents Act of 1958, as amended by subsection (b)(2)(A), coincided with the date that is 180 days after the date of enactment of this Act.

(e) Applicability.--For a former President receiving a monetary allowance under the Former Presidents Act of 1958 on the day before the date of enactment of this Act, the limitation under subsection (d)(1) of the first section of that Act, as amended by subsection (b)(1), shall apply to the monetary allowance of the former President, except to the extent that the application of the limitation would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this Act and under which the former President makes payments using the monetary allowance, as determined by the Administrator of General Services.

______

SA 2401. Mr. GARDNER (for himself and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title VIII, add the following:

SEC. 896. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.

(a) In General.--Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended--

(1) in the subsection heading, by inserting ``and Business'' after ``Technical'';

(2) in paragraph (1)--

(A) in the matter preceding subparagraph (A)--

(i) by striking ``a vendor selected under paragraph (2)'' and inserting ``1 or more vendors selected under paragraph

(2)(A)'';

(ii) by inserting ``and business'' before ``assistance services''; and

(iii) by inserting ``assistance with product sales, intellectual property protections, market research, market validation, and development of regulatory plans and manufacturing plans,'' after ``technologies,''; and

(B) in subparagraph (D), by inserting ``, including intellectual property protections'' before the period at the end;

(3) in paragraph (2)--

(A) by striking ``Each agency may select a vendor to assist small business concerns to meet'' and inserting the following:

``(A) In general.--Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting''; and

(B) by adding at the end the following:

``(B) Selection by small business concern.--A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).'';

(4) in paragraph (3)--

(A) in the paragraph heading, by inserting ``or business'' after ``technical'';

(B) by inserting ``(A)'' after ``paragraph (2)'' each place it appears;

(i) by striking ``$5,000 per year'' each place it appears and inserting ``$50,000 with respect to each award''; and

(ii) in clause (ii), by striking ``which shall be in addition to the amount of the recipient's award'' and inserting ``which shall be included as part of the recipient's award'';

(D) in subparagraph (C)--

(i) by inserting ``or business'' after ``technical'';

(ii) by striking ``the vendor'' and inserting ``a vendor''; and

(iii) by adding at the end the following: ``Business-related services aimed at improving the commercialization success of a small business concern may be obtained from an entity, such as a public or private organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.'';

(E) in subparagraph (D)--

(i) by inserting ``or business'' after ``technical'' each place it appears; and

(ii) in clause (i), by striking ``the vendor'' and inserting ``1 or more vendors''; and

(F) by adding at the end the following:

``(E) Multiple award recipients.--The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by small business concerns with respect to multiple Phase II SBIR or STTR awards for a fiscal year.''; and

(5) by adding at the end the following:

``(4) Annual reporting.--

``(A) In general.--A small business concern that receives technical or business assistance from a vendor under this subsection during a fiscal year shall submit to the Federal agency contracting with the vendor a description of the technical or business assistance provided and the benefits and results of the technical or business assistance provided.

``(B) Use of existing reporting mechanism.--The information required under subparagraph (A) shall be collected by a Federal agency as part of a report required to be submitted by small business concerns engaged in SBIR or STTR projects of the Federal agency for which the requirement was in effect on the date of enactment of this paragraph.''.

(b) Review.--Not later than the end of fiscal year 2019, the Administrator of the Small Business Administration shall--

(1) conduct a survey of vendors providing technical or business assistance under section 9(q) of the Small Business Act (15 U.S.C. 638(q)), as amended by subsection (a), and small business concerns receiving the technical or business assistance; and

(2) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report reviewing the efficacy of the provision of the technical or business assistance.

______

SA 2402. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONG-

TERM CARE OPTIONS FOR VETERANS FROM DEPARTMENT

OF VETERANS AFFAIRS.

(a) In General.--The Comptroller General of the United States shall conduct a study on the availability of long-term care options from the Department of Veterans Affairs for veterans with combat-related disabilities, including veterans who served in the Armed Forces after September 11, 2001.

(b) Elements.--The study required by subsection (a) shall--

(1) determine the potential demand for long-term care by veterans eligible for health care from the Department;

(2) determine the capacity of the Department for providing all four levels of long-term care, which are independent living, assisted living, nursing home care, and memory care;

(3) identify the number of veterans with combat-related disabilities who require a personal care assistant and which facilities of the Department provide this service; and

(4) examine the value of long-term care benefits provided by the Department, including personal care assistant services, to identify the potential elements of a pilot program that affords aging veterans the choice of receiving long-term care benefits at nonprofit continuing care retirement communities.

(c) Report.--Not later than January 1, 2020, the Comptroller General shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives a report on the study conducted under this section.

______

SA 2403. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1006. REGULATORY RELIEF FOR BANKS DURING DISASTERS.

(a) Definitions.--In this section--

(1) the terms ``depository institution'' and ``State'' have the meanings given those terms in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and

(2) the term ``major disaster'' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(b) Requirement.--

(1) In general.--Not later than 15 days after the date on which a designated point of contact within the Federal Deposit Insurance Corporation receives notice from the President or the Governor of a State that the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or the Governor has declared a state of disaster for all or part of that State, as applicable, the Federal Deposit Insurance Corporation shall issue guidance to depository institutions located in the area for which the President declared the major disaster or the Governor declared a state of disaster, as applicable, for reducing regulatory burdens for borrowers and communities in order to facilitate recovery from the disaster.

(2) Contents.--The guidance issued under paragraph (1) shall include instructions from the Federal Deposit Insurance Corporation consistent with existing flexibility for a major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

(c) Additional Guidance.--Not later than 180 days of the date of enactment of this Act, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration shall jointly issue guidance for depository institutions affected by a state of disaster that is comparable to the guidance issued by those entities in December 2017 entitled ``Interagency Supervisory Examiner Guidance for Institutions Affected by a Major Disaster''.

______

SA 2404. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title III, add the following:

SEC. 340. REDESIGNATION OF THE UTAH TEST AND TRAINING RANGE

AS THE ORRIN G. HATCH UTAH TEST AND TRAINING

RANGE.

(a) Redesignation.--The Utah Test and Training Range (UTTR) located in northwestern Utah and eastern Nevada is hereby redesignated as the ``Orrin G. Hatch Utah Test and Training Range'', effective as of January 3, 2019.

(b) Reference.--Any reference in any law, regulation, document, record, map, electronic format, or other paper of the United States to the Utah Test and Training Range shall be deemed to be a reference to the ``Orrin G. Hatch Utah Test and Training Range''.

______

SA 2405. Mr. GARDNER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 891, amend subsection (b) to read as follows:

(b) Prohibition on Use or Procurement.--The Secretary of Defense may not--

(1) procure or obtain or extend or renew or continue to participate in a contract to procure or obtain or continue to use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

(2) enter into a contract (or extend or renew or continue to participate in a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

______

SA 2406. Mr. SULLIVAN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 3___. CRITERIA FOR PREPARATION OF ENVIRONMENTAL IMPACT

STATEMENTS AND ENVIRONMENTAL ASSESSMENTS.

Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended--

(1) by indenting subparagraphs (A) through (C) appropriately;

(2) in the matter preceding subparagraph (A), by striking

``this Act, and (2) all'' and inserting the following: ``this Act; and

``(2) all'';

(3) by striking the section designation and all that follows through ``possible: (1) the'' in the matter preceding paragraph (2) and inserting the following:

``SEC. 102. COOPERATION OF AGENCIES; ENVIRONMENTAL IMPACT

STATEMENTS AND OTHER DOCUMENTS.

``(a) In General.--Congress authorizes and requires that, to the maximum extent practicable--

``(1) the'';

(4) in paragraph (2) of subsection (a) (as so designated)--

(A) in subparagraph (C)--

(i) in the matter preceding clause (i), by inserting

``subject to subsection (b),'' before ``include'';

(ii) in each of clauses (i) through (iii), by striking the comma at the end and inserting a semicolon;

(iii) in clause (iv), by striking ``, and'' at the end and inserting ``; and''; and

(iv) in clause (v), by striking the period at the end and inserting a semicolon; and

(B) in the undesignated matter following subparagraph (C)--

(i) in the second sentence--

(I) by striking ``agency review processes;'' and inserting

``agency review processes.''; and

(II) by striking ``Copies of such statements'' and inserting the following:

``(2) Publication.--A copy of each statement under subsection (a)(2)(C)''; and

(ii) in the first sentence, by striking ``Prior to making any detailed statement'' and inserting the following:

``(b) Requirements for Environmental Impact Statements.--

``(1) In general.--Before preparing an environmental impact statement under subsection (a)(2)(C)'';

(5) in subsection (b) (as so redesignated)--

(A) in paragraph (2) (as redesignated by paragraph

(4)(B)(i)(II))--

(i) by moving subparagraphs (E) through (I) so as to appear after clause (v) of subparagraph (C) of subsection (a)(2) (as amended by paragraph (4)(A)), redesignating the subparagraphs as subparagraphs (D) through (H), respectively, and indenting the subparagraphs appropriately; and

(ii) in subparagraph (D)--

(I) in the matter preceding clause (i), by striking ``if:'' and inserting ``if--'';

(II) in each of clauses (i) and (ii), by striking the comma at the end and inserting a semicolon;

(III) in clause (iii), by striking ``, and'' at the end and inserting ``; and''; and

(IV) by striking ``(D) Any detailed statement required under subparagraph (C)'' and inserting the following:

``(3) Treatment of certain statements.--

``(A) In general.--An environmental impact statement required under subsection (a)(2)(C)'';

(B) in the undesignated matter following clause (iv) of paragraph (3)(A) (as so redesignated), by striking ``The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this Act; and further, this subparagraph does not affect'' and inserting the following:

``(B) Effect of paragraph.--Nothing in this paragraph--

``(i) relieves a Federal official of--

``(I) any responsibility for the scope, objectivity, or content of an environmental impact statement; or

``(II) any other responsibility under this Act; or

``(ii) affects''; and

``(4) Deadline for preparation.--

``(A) In general.--The head of a Federal agency shall--

``(i) complete each draft environmental impact statement required under subsection (a)(2)(C) by not later than 1 year after the date on which the head publishes in the Federal Register a notice of the intent to prepare the environmental impact statement; and

``(ii) issue a final environmental impact statement and associated record of decision by not later than 2 years after the date on which the head publishes in the Federal Register the notice of intent referred to in clause (i).

``(B) Failure to meet deadline.--If the head of a Federal agency fails to meet an applicable deadline under subparagraph (A) with respect to an environmental impact statement and associated record of decision, the head shall--

``(i) not later than 10 days after the applicable deadline, publish on a public website maintained by the agency the reasons for the failure; and

``(ii) complete the environmental impact statement and associated record of decision by not later than the date that is 1 year after the applicable deadline.

``(5) Length.--

``(A) In general.--Subject to subparagraph (B), the text of a final environmental impact statement required under subsection (a)(2)(C) shall not exceed--

``(i) 150 pages; or

``(ii) for a proposal of unusual scope or complexity, 300 pages.

``(B) Treatment of appendices.--The page limitation established under subparagraph (A) shall not include any appendices.

``(6) Errata sheets.--If the head of a Federal agency modifies a final environmental impact statement required under subsection (a)(2)(C) in response to any comment that is minor and confined to factual corrections or explanations of why the comments do not warrant additional agency response, the agency head may attach to the environmental impact statement appropriate errata sheets, subject to the conditions that the errata sheets shall--

``(A) cite the sources, authorities, or reasons that support the position of the agency; and

``(B) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.

``(7) Single document.--In preparing an environmental impact statement under subsection (a)(2)(C), the head of a Federal agency shall, to the maximum extent practicable, develop a single document that consists of the final environmental impact statement and an associated record of decision, unless--

``(A) the final environmental impact statement makes a substantial change to the proposed action that is relevant to an applicable environmental or safety concern; or

``(B) there exists a significant new circumstance or information relevant to an applicable environmental concern that relates to the proposed action or an impact of the proposed action.''; and

(6) by adding at the end the following:

``(c) Environmental Assessments.--Not later than 180 days after the date of enactment of this subsection, the head of each Federal agency shall--

``(1) establish, with respect to the preparation of environmental assessments and related findings of no significant impact by the agency, a time limit of not more than 180 days; and

``(2) apply that time limit to each environmental assessment and finding of no significant impact prepared by the agency.

``(d) ROD and FONSI Review.--It shall be an affirmative defense to any action challenging the sufficiency of an environmental review conducted under this Act that the applicable Federal agency made a good faith effort to produce a sufficient record of decision or finding of no significant impact in accordance with each applicable deadline established under this section, using the resources available to the Federal agency at the time.''.

______

SA 2407. Mr. SULLIVAN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. ____. QUADRILATERAL DIALOGUE AND TRILATERAL FRAMEWORK.

(a) Findings.--Congress makes the following findings:

(1) The 2017 National Security Strategy of the United States declares the following:

(A) ``We welcome India's emergence as a leading global power and stronger strategic and defense partner.''.

(B) ``We will seek to increase quadrilateral cooperation with Japan, Australia, and India.''.

(C) ``We will expand our defense and security cooperation with India, a Major Defense Partner of the United States, and support India's growing relationships throughout the region.''.

(2) At an October 2017 hearing of the Committee on Armed Services of the Senate, with respect to the political and security situation in Afghanistan, Secretary of Defense James Mattis discussed the role of India and stated the following:

(A) ``It's a strategic convergence, a generational opportunity between the two largest democracies in the world to work together, based on those shared interests of peace, of prosperity, of stability in the region, and India is coming into its own.''.

(B) ``[India's] going to be a global player, as Prime Minister Modi takes them forward economically to a much higher level of living for his people, to a bigger role in the world, and that role, from our perspective, is a wholly positive one right now.''.

(C) ``And I think we are natural partners, India and the United States, and we recognize each other's sovereignty. We have respect for each other. But we also see the opportunity we're presented with right now.''.

(3) In September 2017, General Joseph Dunford, Chairman of the Joint Chiefs of Staff stated the following:

(A) ``With regard to India, the President called on India to invest more in development projects in Afghanistan, and India appears eager to do more beyond the roughly

$3,000,000,000 in development assistance it has provided since 2001.''.

(B) ``From the military dimension, I believe India has the capacity to provide additional training and equipment to build capacity of the Afghan National Defense and Security Forces.''.

(C) ``The U.S.-India military relationship is strong and getting stronger, and our two countries cooperate through complex exercises such as MALABAR in the Bay of Bengal as well as robust engagement through defense trade and technology cooperation.''.

(D) ``A long term strategic security relationship with India is critical to ensuring freedom of navigation in the Indian Ocean, and the United States and India should continue to expand cooperation in areas of mutual interest like maritime security.''.

(E) ``We should also continue to strengthen our defense relationship by pursuing opportunities to co-develop and co-produce defense technology under the U.S.-India Defense Technology and Trade Initiative.''.

(4) In March 2018, Admiral Harry Harris, Commander of United States Pacific Command (USPACOM), stated the following:

(A) ``The U.S.-India strategic partnership continues to advance at a historic pace and has the potential to be the most consequential bilateral relationship of the 21st century.''.

(B) ``The United States and India maintain a broad-based strategic partnership that is underpinned by shared democratic values, interests, and strong people-to-people ties, and I expect 2018 to be a significant and eventful year in United States-India relations.''.

(C) ``The United States and India are natural partners on a range of political, economic, and security issues, and with a mutual desire for global stability and support for the rules-based international order, the United States and India have an increasing convergence of interests, including maritime security and domain awareness, counter-piracy, counterterrorism, humanitarian assistance, and coordinated responses to natural disasters and transnational threats.''.

(D) ``India will be among the United States's most significant partners in the years to come due to its growing influence and expanding military.''.

(E) ``As a new generation of political leaders emerge, India has shown that it is more open to strengthening security ties with the United States and adjusting its historic policy of non-alignment to address common strategic interests.''.

(F) ``The United States seeks an enduring, regular, routine, and institutionalized strategic partnership with India, and USPACOM identifies a security relationship with India as a major command line-of-effort.''.

(G) ``Over the past year, United States and Indian militaries participated together in three major exercises, executed more than 50 other military exchanges, and operationalized the 2016 Logistics Exchange Memorandum of Agreement (LEMOA).''.

(5) In February 2017, General John Nicholson, Commander of the United States Forces in Afghanistan, stated, ``With over

$2,000,000,000 development aid executed since 2002, and another $1,000,000,000 pledged in 2016, India's significant investments in Afghan infrastructure, engineering, training, and humanitarian issues will help develop Afghan human capital and long-term stability.''.

(b) Quadrilateral Dialogue.--

(1) In general.--To enhance defense cooperation among the United States, Australia, India, and Japan, the Secretary of Defense, as part of a larger whole-of-government effort, may initiate a quadrilateral dialogue among representatives of the Governments of the United States, Australia, India, and Japan to develop a mission statement that reflects areas of common security interests including--

(A) a values-based and rules-based regional order;

(B) the importance of freedom of navigation and maritime security; and

(2) Designation of official.--To enhance defense cooperation among the United States, Australia, India, and Japan, the Secretary may designate an official of the executive branch--

(A) to formulate a regional framework to address potential areas of military collaboration including--

(i) maritime security and domain awareness;

(ii) combined logistics;

(iii) multilateral training and exercise opportunities;

(iv) enhances interoperability of capabilities;

(v) combating terrorism and the proliferation of weapons of mass destruction;

(vi) cyber defense;

(vii) cooperative weapons development and production; and

(viii) developing a strategy to pool or share capabilities;

(B) to identify opportunities to conduct bilateral, trilateral, or quadrilateral joint maritime patrols;

(commonly referred to as ``Quad-centered'') in the Indian Ocean for greater maritime domain awareness;

(D) to identify opportunities for--

(i) joint intelligence, surveillance, and reconnaissance operations; and

(ii) intelligence sharing;

(E) to seek additional opportunities for major military exercises and military exchanges;

(F) to establish a combined joint task force for low-intensity operations in the Indo-Pacific region, such as counter piracy and humanitarian and disaster relief, that--

(i) is inclusive of the navy of the each of the United States, Australia, India, and Japan;

(ii) establishes clear norms; and

(iii) improve lines of communication; and

(G) to engage with other allies and partners, international frameworks, and other countries as the Secretary considers appropriate.

(1) Designation of official.--To enhance defense cooperation among the United States, Afghanistan, and India and to promote mutual priorities for security assistance in Afghanistan, the Secretary may, subject to paragraph (2), designate an official of the executive branch--

(A) to initiate a trilateral framework among representatives of the Governments of the United States, Afghanistan, and India--

(i) to identify means of improving the coordination and delivery of humanitarian assistance and disaster relief capabilities to Afghanistan by the militaries of the United States, Afghanistan, and India to improve joint military response to current and anticipated humanitarian needs in Afghanistan; and

(ii) to identify gaps in the capabilities of the Afghanistan security forces and determine means of addressing such gaps; and

(B) to advocate for necessary capabilities, especially capabilities for meeting critical, short-term needs identified by the commander of United States Armed Forces participating in Operation Resolute Support in Afghanistan.

(2) Position of designated official.--The official designated under paragraph (1) shall be an official in a position with responsibility for security assistance and defense cooperation.

______

SA 2408. Mr. SULLIVAN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 322, add the following:

(6) An analysis of potential partnerships with State, local, tribal, and private entities to maximize training potential and to utilize local expertise.

______

SA 2409. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the following:

SEC. 12__. MEASURES TO IMPROVE DEFENSE PARTNERSHIP BETWEEN

INDIA AND THE UNITED STATES.

(a) Delay of Imposition of Certain Sanctions Relating to the Russian Federation for Defense Cooperation With United States.--Section 231(c) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9525(c)) is amended--

(1) by striking ``The President'' and inserting the following:

``(1) In general.--The President'';

(2) by striking ``that the person'' and inserting the following: ``that--

``(A) the person'';

(3) by striking the period at the end and inserting ``; or''; and

(4) by adding at the end the following:

``(B) except as provided in paragraph (2), the government with primary jurisdiction over the person is substantially improving that government's defense cooperation with the United States.

``(2) Exception for state sponsors of terrorism.--The President may not delay the imposition of sanctions under paragraph (1)(B) with respect to a person if the government with primary jurisdiction over that person has been determined by the Secretary of State to be a government that has repeatedly provided support for acts of international terrorism for purposes of--

``(A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.));

``(B) section 620A(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2371(a));

``(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

``(D) any other provision of law.''.

(b) Sense of Congress on License Exception Strategic Trade Authorization for India.--It is the sense of Congress that the United States should expeditiously grant India status under the License Exception Strategic Trade Authorization under section 740.20 of title 15, Code of Federal Regulations, commensurate with the status of India as a major defense partner of the United States.

(c) Sense of Congress on Strengthening Defense Partnership With India.--It is the sense of Congress that the United States should strengthen and enhance its major defense partnership with India and work toward the mutual security objectives of India and the United States.

______

SA 2410. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VI, add the following:

Subtitle E--Military Lending Act and Related Matters

SEC. 641. SHORT TITLE.

This subtitle may be cited as the ``Military Lending Improvement Act of 2018''.

SEC. 642. EXPANSION AND IMPROVEMENT OF CONSUMER CREDIT

PROTECTIONS FOR MEMBERS OF THE ARMED FORCES.

(a) Extension of Applicability to Individuals Recently Discharged or Released From the Armed Forces.--Paragraph (1) of subsection (i) of section 987 of title 10, United States Code, is amended to read as follows:

``(1) Covered member.--The term `covered member' means the following:

``(A) A member of the armed forces who is--

``(i) on active duty under a call or order that does not specify a period of 30 days or less; or

``(ii) on active Guard and Reserve duty.

``(B) An individual who was separated, discharged, or released from duty described in subparagraph (A), but only during the 365-day period beginning on the date of separation, discharge, or release.''.

(b) Decease in Maximum Authorized Annual Percentage Rate on Credit.--

(1) Decrease in rate.--Subsection (b) of such section is amended by striking ``36 percent'' and inserting ``24 percent''.

(2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to consumer credit extended on or after such effective date.

(1) in paragraph (6), by striking ``or'' at the end;

(2) in paragraph (7), by striking the period at the end and inserting ``; or''; and

(3) by adding at the end the following new paragraph:

``(8) the creditor demands, as a condition for the credit, the application of--

``(A) a device that can locate or adjust the operations of the borrower's motor vehicle by a third party; or

``(B) any other device or instrument that may pose a safety hazard or compromise the borrower's privacy, as determined by the Secretary of Defense, in consultation with the Federal Trade Commission.''.

(d) Extension of Coverage to Credit for Cars and Other Personal Property.--

(1) Coverage.--Subsection (i)(6) of such section is amended by striking ``(A) a residential mortgage'' and all that follows and inserting ``a residential mortgage.''.

(e) Regulations.--The Secretary of Defense shall modify the regulations prescribed to carry out section 987 of title 10, United States Code, to take into account the amendments made by subsections (a) through (d) by not later than 180 days after the date of the enactment of this Act.

SEC. 643. ENHANCED PROTECTION AGAINST DEBT COLLECTOR

HARASSMENT OF MEMBERS OF THE ARMED FORCES.

(a) Communication in Connection With Debt Collection.--Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:

``(e) Communications Concerning Servicemember Debts.--

``(1) Definition.--In this subsection, the term `covered member' has the meaning given the term in section 987(i) of title 10, United States Code.

``(2) Prohibition.--A debt collector may not communicate, in connection with the collection of any debt, with the commanding officer or officer in charge of any covered member, including for the purpose of acquiring location information about the covered member.''.

(b) False or Misleading Representations.--Section 807 of the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is amended by adding at the end the following:

``(17) The false representation to any covered member, as defined in section 987(i) of title 10, United States Code, that failure to cooperate with a debt collection will result in prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).''.

SEC. 644. DATA PROTECTION STANDARDS FOR CREDIT REPORTING

AGENCIES THAT USE DEPARTMENT OF DEFENSE

PERSONNEL DATA.

(a) Determination on Adequacy of Data Protection Standards.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Federal Trade Commission, determine whether or not each entity that downloads Military Lender Act bulk data from the Defense Manpower Data Center uses adequate safeguards to protect the downloaded data against breach or other potential misuse. The Secretary shall make the determination using a study of the practices of such entities conducted by the Secretary for purposes of this subsection.

(b) Termination of Access to Bulk Data.--If pursuant to subsection (a), the Secretary determines that the safeguards of an entity described in that subsection are not adequate as described in that subsection, the Secretary shall terminate the access of the entity to bulk data described in that subsection by not later than 30 days after the date of the determination.

(c) Restoration of Access to Bulk Data.--If access of an entity to bulk data is terminated pursuant to subsection (b), the Secretary may subsequently restore access of the entity to bulk data if the Secretary determines that the entity has taken remedial measures to ensure that any data downloaded from such bulk data is adequately protected against breach or other potential misuse.

______

SA 2411. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR

BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY

AND INDEMNITY COMPENSATION.

(a) Repeal.--

(1) In general.--Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:

(A) In section 1450, by striking subsection (c).

(B) In section 1451(c)--

(i) by striking paragraph (2); and

(ii) by redesignating paragraphs (3) and (4) as paragraphs

(2) and (3), respectively.

(2) Conforming amendments.--Such subchapter is further amended as follows:

(A) In section 1450--

(i) by striking subsection (e);

(ii) by striking subsection (k); and

(iii) by striking subsection (m).

(B) In section 1451(g)(1), by striking subparagraph (C).

(i) in subsection (f)(2), by striking ``does not apply--'' and all that follows and inserting ``does not apply in the case of a deduction made through administrative error.''; and

(ii) by striking subsection (g).

(D) In section 1455(c), by striking ``, 1450(k)(2),''.

(b) Prohibition on Retroactive Benefits.--No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).

(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients.--A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

(d) Repeal of Authority for Optional Annuity for Dependent Children.--Section 1448(d) of such title is amended--

(1) in paragraph (1), by striking ``Except as provided in paragraph (2)(B), the Secretary concerned'' and inserting

``The Secretary concerned''; and

(2) in paragraph (2)--

(A) by striking ``Dependent children.--'' and all that follows through ``In the case of a member described in paragraph (1),'' and inserting ``Dependent children annuity when no eligible surviving spouse.--In the case of a member described in paragraph (1)''; and

(B) by striking subparagraph (B).

(e) Restoration of Eligibility for Previously Eligible Spouses.--The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.

(f) Effective Date.--This section and the amendments made by this section shall take effect on the later of--

(1) the first day of the first month that begins after the date of the enactment of this Act; or

(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

______

SA 2412. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XI, add the following:

SEC. 1126. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR

UNITED STATES CITIZENS EMPLOYED BY AIR AMERICA

AND ASSOCIATED ENTITIES.

(a) Amendments.--

(1) In general.--Section 8332(b) of title 5, United States Code, is amended--

(A) in paragraph (16), by striking ``and'' at the end;

(B) in paragraph (17), by striking the period at the end and inserting ``; and'';

``(18) any period of service performed not later than 1977, while a citizen of the United States, in the employ of Air America, Inc., or any entity associated with, predecessor to, or subsidiary to Air America, Inc., including Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport, during the period during which Air America, Inc., or the other entity was owned and controlled by the United States Government.''; and

(D) by adding at the end the following: ``For purposes of this subchapter, service of the type described in paragraph

(18) of this subsection shall be considered to have been service as an employee.''.

(2) Exemption from deposit requirement.--Section 8334(g) of title 5, United States Code, is amended--

(A) in paragraph (5), by striking ``or'' at the end;

(B) in paragraph (6), by striking the period at the end and inserting ``; or''; and

``(7) any service for which credit is allowed under section 8332(b)(18) of this title.''.

(b) Applicability.--

(1) In general.--Except as otherwise provided in this subsection, the amendments made by subsection (a) shall apply with respect to an annuity commencing on or after the effective date of this section.

(2) Provisions relating to current annuitants.--

(A) Recomputation.--An individual who is entitled to an annuity for the month in which this section becomes effective may, upon application submitted to the Office of Personnel Management not later than 2 years after the effective date of this section, have the amount of the annuity recomputed as if the amendments made by subsection (a) had been in effect throughout all periods of service on the basis of which the annuity is or may be based.

(B) Effect of recomputation.--A recomputation under subparagraph (A) shall be effective as of the commencement date of the annuity, and any additional amounts becoming payable for periods before the first month for which the recomputation is reflected in the regular monthly annuity payments to the individual shall be payable to the individual in the form of a lump-sum payment.

(3) Provisions relating to individuals eligible for (but not currently receiving) an annuity.--

(A) In general.--An individual not described in paragraph

(2) who becomes eligible for an annuity or an increased annuity as a result of the enactment of this section may elect to have the rights of the individual under subchapter III of chapter 83 of title 5, United States Code, determined as if the amendments made by subsection (a) had been in effect throughout all periods of service on the basis of which the annuity is or would be based by submitting an appropriate application to the Office of Personnel Management not later than 2 years after the later of--

(i) the effective date of this section; or

(ii) the date on which the individual separates from service.

(B) Commencement date, etc.--

(i) In general.--Any entitlement to an annuity or an increased annuity resulting from an application submitted under subparagraph (A) shall be effective as of the commencement date of the annuity (subject to clause (ii), if applicable), and any amounts becoming payable for periods before the first month for which regular monthly annuity payments begin to be made in accordance with the amendments made by this section shall be payable to the individual in the form of a lump-sum payment.

(ii) Retroactivity.--Any determination of the amount, or of the commencement date, of any annuity, all the requirements for entitlement to which (including separation, but disregarding any application requirement) would have been satisfied before the effective date of this section if this section had been in effect (but would not then otherwise have been satisfied absent this section) shall be made as if an application for the annuity had been submitted as of the earliest date that would have been allowable, after the individual's separation from service, if the amendments made by subsection (a) had been in effect throughout the periods of service described in subparagraph (A).

(4) Right to file on behalf of a decedent.--

(A) In general.--The regulations prescribed under subsection (d)(1) shall provide, consistent with the order of precedence set forth in section 8342(c) of title 5, United States Code, that a survivor of an individual who performed service described in section 8332(b)(18) of that title (as added by subsection (a) of this section)--

(i) may submit an application on behalf of the decedent and receive any lump-sum payment that would otherwise have been payable to the decedent under paragraph (2) or (3) of this subsection; and

(ii) shall submit an application described in subparagraph

(A) not later than the later of--

(I) 2 years after the effective date of this section; or

(II) 1 year after the date of the decedent's death.

(1) Lump-sum payments.--A lump-sum payment under subsection

(b) shall be payable out of the Civil Service Retirement and Disability Fund.

(2) Unfunded liability.--Any increase in the unfunded liability of the Civil Service Retirement System attributable to the enactment of this section shall be financed in accordance with section 8348(f) of title 5, United States Code.

(d) Regulations and Special Rule.--

(1) In general.--

(A) In general.--Except as provided in paragraph (2), the Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section.

(B) Contents.--In prescribing regulations under subparagraph (A), the Director of the Office of Personnel Management shall apply rules similar to the rules established under section 201 of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 588) with respect to any service described in section 8332(b)(18) of title 5, United States Code (as added by subsection (a) of this section) that was subject to title II of the Social Security Act (42 U.S.C. 401 et seq.).

(2) Special rule.--For the purposes of an application for any benefit that is computed or recomputed taking into account any service described in section 8332(b)(18) of title 5, United States Code (as added by subsection (a) of this section), section 8345(i)(2) of that title shall be applied by deeming the reference to the date of the ``other event which gives rise to title to the benefit'' to refer to the effective date of this section, if later than the date of the event that would otherwise apply.

(e) Definitions.--For purposes of this section--

(1) the term ``annuity'', as used in paragraphs (2) and (3) of subsection (b), includes a survivor annuity; and

(2) the terms ``survivor'', ``survivor annuitant'', and

``unfunded liability'' have the meanings given those terms in section 8331 of title 5, United States Code.

(f) Effective Date.--This section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this section.

______

SA 2413. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 706. ELIGIBILITY FOR TRICARE FOR VETERANS ENTITLED TO

MEDICARE BENEFITS DUE TO CONDITIONS OR INJURIES

INCURRED DURING SERVICE IN THE ARMED FORCES.

(a) TRICARE Provisions.--

(1) In general.--Paragraph (2) of section 1086(d) of title 10, United States Code, is amended--

(A) in subparagraph (A), by striking ``is enrolled'' and inserting ``(i) is enrolled'';

(B) by redesignating subparagraph (B) as clause (ii);

(D) by inserting after subparagraph (A) the following new subparagraph (B):

``(B) is a person described in subparagraph (A)(ii) who--

``(i) is retired for disability under chapter 61 of this title as a result of an injury or condition suffered during service in the armed forces;

``(ii)(I) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) and is entitled to a benefit described in subparagraph (A) of such section; or

``(II) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of such section and whose entitlement to a benefit described in subparagraph (A) of such section terminated due to performance of substantial gainful activity; and

``(iii) has declined to enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.).''.

(2) Allowance of one change of enrollment.--Such section is further amended by adding at the end the following new paragraph:

``(6)(A) Except as provided in subparagraph (B), after the end of the special enrollment period provided under section 706(a)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, an individual described in paragraph (2)(B) may switch only once from enrollment under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to enrollment in a plan contracted for under subsection (a).

``(B) The limitation under subparagraph (A) does not apply to enrollment by an individual in a plan contracted for under subsection (a) by reason of termination of the entitlement of the individual to a benefit described in subparagraph (A) of section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)(2)) due to the performance of substantial gainful activity.''.

(3) Special enrollment period.--

(A) In general.--The Secretary of Defense shall provide for a special enrollment period during which an individual described in subsection (d)(2)(B) of section 1086 of title 10, United States Code, may enroll in a health care plan under such section. Such period shall begin as soon as possible after the date of the enactment of this Act and shall end 12 months later.

(B) Coverage period.--In the case of an individual who enrolls during the special enrollment period provided under subparagraph (A), the coverage period under section 1086 of title 10, United States Code, shall begin on the first day of the month following the month in which the individual enrolls.

(4) Conforming amendments.--Section 1086(d) of title 10, United States Code, is amended--

(A) in paragraph (4)(A), in the matter preceding clause

(i), by striking ``paragraph (2)(B)'' and inserting

``paragraph (2)(A)(ii)''; and

(B) in paragraph (5)--

(i) by striking ``subparagraph (B)'' and inserting

``subparagraph (A)(ii)''; and

(ii) by striking ``subparagraph (A)'' and inserting

``subparagraph (A)(i)''.

(b) Medicare Provisions.--

(1) Waiver of medicare part b late enrollment penalty.--

(A) In general.--Section 1839(b) of the Social Security Act

(42 U.S.C. 1395r(b)) is amended by adding at the end the following new sentences: ``No increase in the premium shall be effected for a month in the case of an individual who demonstrates to the Secretary that the individual, with respect to such month, is an individual described in section 1086(d)(2)(B) of title 10, United States Code. The Secretary of Health and Human Services shall consult with the Secretary of Defense in identifying individuals described in the previous sentence.''.

(B) Effective date.--The amendment made by subparagraph (A) shall apply to premiums for months beginning after the date of the enactment of this Act. The Secretary shall establish a method for providing rebates of premium penalties paid for months after the date of the enactment of this Act for which a penalty does not apply under such amendment but for which a penalty was previously collected.

(2) Medicare part b special enrollment period.--

(A) In general.--In the case of any individual who, as of the date of the enactment of this Act, is eligible to enroll but is not enrolled under part B of title XVIII of the Social Security Act and is an individual described in section 1086(d)(2)(B) of title 10, United States Code, the Secretary of Health and Human Services shall provide for a special enrollment period during which the individual may enroll under such part. Such period shall begin as soon as possible after the date of the enactment of this Act and shall end 12 months later.

(B) Coverage period.--In the case of an individual who enrolls during the special enrollment period provided under subparagraph (A), the coverage period under part B of title XVIII of the Social Security Act shall begin on the first day of the month following the month in which the individual enrolls.

(1) Notification regarding insurance options.--The Secretary of Defense shall coordinate with the Secretary of Health and Human Services to identify individuals described in section 1086(d)(2)(B) of title 10, United States Code, as added by subsection (a), and notify those individuals about their health insurance options under the TRICARE program, as defined in section 1072 of such title, and the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

(2) Provision of information to beneficiaries.--

(A) In general.--The Secretary of Defense shall provide to individuals described in paragraph (1) educational materials, information, and counseling regarding the effects of not enrolling in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.), including information comparing premiums, copayments, deductibles, provider networks, future enrollment opportunities, and penalties for the various health insurance plans available to assist those individuals in making appropriate health insurance choices.

(B) Timing.--The Secretary shall provide the educational materials, information, and counseling described in subparagraph (A) to an individual described in paragraph (1) before the individual elects to change enrollment between the TRICARE program, as defined in section 1072 of title 10, United States Code, and the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

______

SA 2414. Mr. FLAKE (for himself and Mr. McCain) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. ___. PILOT PROGRAM ON CERTAIN LIMITED REIMBURSEMENT

ARRANGEMENTS FOR USE OF MAJOR RANGE AND TEST

FACILITY BASES.

(a) In General.--The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of modifying reimbursement requirements for use of Major Range and Test Facility Bases.

(b) Duration.--The Secretary shall carry out the pilot program during two fiscal years.

(c) Locations.--The Secretary shall carry out the pilot program at not more than five Major Range and Test Facility Bases.

(d) Waiver of Full Reimbursement Requirement.--

(1) In general.--Under the pilot program, the Secretary may, as the Secretary determines in the best interest of the Department of Defense, waive the requirements of section 2681(c) of title 10, United States Code, for small and medium sized businesses and not-for-profit organizations so that such businesses and organizations may reimburse the Department of Defense for use of a Major Range and Test Facility Base in amounts that only cover total direct costs to the United States associated with such use.

(2) Indirect costs.--Paragraph (1) shall not apply to reimbursement for indirect costs.

(e) Reports.--

(1) In general.--At the end of the first fiscal year of the pilot program required by subsection (a) and not later than 30 days after the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program.

(2) Contents.--Each report submitted under paragraph (1) shall include the following:

(A) Recommendations for revisions to reimbursement arrangements for testing and evaluation activities at Major Range and Test Facility Bases.

(B) A review of authorities granted to commanders of Major Range and Test Facility Bases.

(C) An evaluation of limited reimbursement arrangements on the Test Resources Management Center and Major Range and Test Facility Bases.

(f) Major Range and Test Facility Base Defined.--In this section, the term ``Major Range and Test Facility Base'' means--

(1) a Major Range and Test Facility Installation as defined in section 2681(f) of title 10, United States Code; and

(2) a Major Range and Test Facility Base as defined in section 196(i) of such title.

______

SA 2415. Mr. GARDNER (for himself and Mr. Bennet) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. EXCLUSION OF CERTAIN PAYMENTS FROM CALCULATION FOR

FISCAL YEAR 2019 PILT PAYMENTS.

(a) Definitions.--In this section:

(1) Covered payment.--The term ``covered payment'' means a payment to a unit of general local government for fiscal year 2018 from amounts deposited in the Treasury during the period of time beginning on November 18, 1997, and ending on August 7, 2008, from a lease issued under section 7439(b)(1) of title 10, United States Code, and distributed to the unit of general local government in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.).

(2) Payment law.--The term ``payment law'' has the meaning given the term in section 6903(a)(1) of title 31, United States Code.

(3) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 6901 of title 31, United States Code.

(b) Calculation of Pilt Payment Amount.--Notwithstanding any other provision of law, in calculating the amount of a payment to be made to a unit of general local government for fiscal year 2019 under chapter 69 of title 31, United States Code, the Secretary of the Interior shall not consider a covered payment to be an amount received by the unit of general local government in the prior fiscal year under a payment law for purposes of section 6903(b)(1)(A) of that title.

______

SA 2416. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NATIONAL INTELLIGENCE ESTIMATE ON NATIONAL SECURITY

THREAT POSED BY TRADE-BASED MONEY LAUNDERING.

(a) In General.--Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a national intelligence estimate on the threat posed to the national security of the United States by trade-based money laundering.

(b) Elements.--The national intelligence estimate required by subsection (a) shall include the following:

(1) An assessment of trade-based money laundering and threat finance at the national and international levels.

(2) An assessment of the financial dimensions of the threat to the national security of the United States posed by trade-based money laundering.

(3) A description of how terrorist financing and drug trafficking organizations are advancing their illicit activities through the use of licit trade channels.

(4) An assessment of the adequacy of the systems and tools available to the Federal Government for combating trade-based money laundering.

(5) Recommendations for coordination between Federal agencies with respect to combating trade-based money laundering and an identification of which Federal agency should be the lead agency for purposes of combating trade-based money laundering.

(6) Recommendations for coordination with the governments of foreign countries with respect to combating trade-based money laundering.

(c) Extension of Deadline for Submission.--If, before the end of the 90-day period specified in subsection (a), the Director determines that the national intelligence estimate required by that subsection cannot be submitted by the end of that period as required by that subsection, the Director shall (before the end of that period) submit to Congress a report setting forth--

(1) the reasons why the national intelligence estimate cannot be submitted by the end of that 90-day period; and

(2) an estimated date for the submission of the national intelligence estimate.

(d) Form.--

(1) In general.--The national intelligence estimate required by subsection (a) shall--

(A) be submitted in classified form; and

(B) be accompanied by an unclassified summary.

(2) Public availability.--The unclassified summary required by paragraph (1)(B) shall be made available to the public.

______

SA 2417. Mr. MORAN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title XI, add the following:

SEC. 1126. MODIFICATION OF VETERANS PREFERENCE.

(a) Active Duty Requirement.--Subparagraphs (B) and (D) of section 2108(1) of title 5, United States Code, are each amended by striking ``consecutive'' and inserting

``cumulative''.

(b) Expansion of Eligibility of Retired Veterans.--Section 2108(4) of title 5, United States Code, is amended to read as follows:

``(4) `preference eligible' includes a retired member of the armed forces; and''.

______

SA 2418. Mr. MORAN (for himself, Ms. Baldwin, and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title I, add the following:

SEC. 144. PROCUREMENT OF JOINT THREAT EMITTERS FOR AIR

NATIONAL GUARD RANGES.

Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Air Force for other procurement for combat training ranges,

$40,000,000 shall be available for the procurement of Joint Threat Emitters for Air National Guard ranges--

(1) to meet the Air Force Electronic Warfare Range requirements and Air Combat Command's fielding plan;

(2) to meet Air Force Electronic Warfare Range requirements for three additional electronic warfare systems at Air National Guard ranges; and

(3) to support F-35 aircraft program training and readiness with threat replication systems to 4th and 5th generation aircraft requirements.

______

SA 2419. Mr. MORAN (for himself, Mr. Tester, Mr. Blumenthal, Mr. Merkley, Ms. Warren, and Ms. Collins) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. PRESUMPTION OF HERBICIDE EXPOSURE FOR CERTAIN

VETERANS WHO SERVED IN KOREA.

(a) In General.--Chapter 11 of title 38, United States Code, is amended by inserting after section 1116 the following new section:

``Sec. 1116A. Presumption of herbicide exposure for certain veterans who served in Korea

``(a) Presumption of Service-connection.--(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection

(b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service.

``(2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean demilitarized zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.

``(b) Diseases.--A disease specified in this subsection is--

``(1) a disease specified in paragraph (2) of subsection

(a) of section 1116 of this title that becomes manifest as specified in that paragraph; or

``(2) any additional disease that--

``(A) the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and

``(B) becomes manifest within any period prescribed in such regulations.

``(c) Herbicide Agent.--For purposes of this section, the term `herbicide agent' has the meaning given such term in section 1821(d) of this title.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116 the following new item:

``1116A. Presumption of herbicide exposure for certain veterans who served in Korea.''.

______

SA 2420. Mr. HATCH (for himself and Ms. Cortez Masto) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XI, add the following:

SEC. 1107. MODIFICATION OF TEMPORARY DIRECT HIRE AUTHORITY

FOR MAJOR RANGE AND TEST FACILITIES BASE

FACILITIES IN ORDER TO FILL MISSION ESSENTIAL

POSITIONS AT SUCH FACILITIES.

Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended--

(1) by redesignating subsections (b) and (c) as subsections

(2) by inserting after subsection (a) the following new subsection (b):

``(b) Exercise of Authority by MRTFB Facilities.--

``(1) In general.--In fiscal years 2019 through 2021, the authority provided in (a) with respect to the Major Range and Test Facilities Base shall be delegated to the commander of a facility of the Major Range and Test Facilities Base, or the civilian equivalent of the commander at the facility.

``(2) Position requirements.--An appointment covered by this authority may be made when the position to be filled is essential to mission needs as determined by the facility commander, or civilian equivalent.

``(3) Term of appointment.--

``(A) In general.--Appointments under this authority may be made on a permanent, term, or temporary basis.

``(B) Noncompetitive conversion to career conditional appointment.--The commander of a facility, or civilian equivalent, may noncompetitively convert an individual appointed to a term or temporary appointment in accordance with this subsection to a career conditional appointment at the facility without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of such title, if the individual meets all eligibility and qualification requirements for the position at the time of conversion.''.

______

SA 2421. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 142, line 18, strike ``separate statement'' and insert ``statement''.

______

SA 2422. Mr. HELLER (for himself and Ms. Hirono) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES

DURING WORLD WAR II.

(a) In General.--The Secretary of Defense, in consultation with the Secretary of Veterans Affairs and such military historians as the Secretary of Defense considers appropriate, shall establish a process to determine whether a covered individual served as described in subsection (a) or (b) of section 107 of title 38, United States Code, for purposes of determining whether such covered individual is eligible for benefits described in such subsections.

(b) Covered Individuals.--For purposes of this section, a covered individual is any individual who--

(1) claims service described in subsection (a) or (b) of section 107 of title 38, United States Code; and

(2) is not included in the Approved Revised Reconstructed Guerilla Roster of 1948, known as the ``Missouri List''.

______

SA 2423. Mrs. ERNST (for herself and Mr. Grassley) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. THIRD PARTY REVIEW OF APPOINTEES IN VETERANS

HEALTH ADMINISTRATION WHO HAD A LICENSE,

REGISTRATION, OR CERTIFICATION FOR THE

PROVISION OF HOSPITAL CARE OR MEDICAL SERVICES

REVOKED AND NOTICE TO INDIVIDUALS TREATED BY

THOSE APPOINTEES.

(a) Third Party Review.--The Secretary of Veterans Affairs shall enter into a contract or other agreement with an organization that is not part of the Federal Government to conduct a clinical review of the hospital care and medical services furnished by covered individuals.

(b) Notice to Patients Treated by Covered Individuals.--With respect to hospital care or medical services furnished by a covered individual under the laws administered by the Secretary of Veterans Affairs, if a clinical review determines that an experienced, competent practitioner would have managed the care or services differently, the Secretary shall notify any individual who received such care or services from the covered individual.

(c) Covered Individual.--For purposes of this section, a covered individual is an individual who was appointed to a position in the Veterans Health Administration covered by subsection (b) of section 7402 of title 38, United States Code, in violation of subsection (f) of such section because the individual had a license, registration, or certification applicable to the provision of hospital care or medical services terminated for cause.

(d) Hospital Care and Medical Services Defined.--In this section, the terms ``hospital care'' and ``medical services'' have the meanings given those terms in section 1701 of title 38, United States Code.

______

SA 2424. Mr. NELSON (for himself and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title III, add the following:

SEC. 323. ANNUAL REPORT ON DIFFERENCES IN SHIP REPAIR

CONTRACT AND FINAL DELIVERY COSTS.

(a) Report Required.--The Secretary of the Navy shall submit to the congressional defense committees a report on the differences between the final contract and final delivery cost for each ship repair, including a description of any growth work that was added after the contract award and a detailed explanation on why the growth work was not included in original contract proposal.

(b) Sense of Congress.--It is the sense of Congress that it is important to create and maintain a stable work load for the defense industrial base at ship repair yards.

______

SA 2425. Mr. NELSON (for himself, Mr. Durbin, Mr. Jones, Mr. Blumenthal, Mr. Murphy, and Ms. Duckworth) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. GRANTS TO PROMOTE MILITARY READINESS IN THE

PROVISION OF PROSTHETIC AND ORTHOTIC CARE.

(a) Grants Required.--

(1) In general.--The Secretary of Defense shall award grants to institutions determined by the Secretary to be eligible for the award of such grants in order to enable such institutions to establish or expand an accredited master's degree program in orthotics and prosthetics.

(2) Priority.--The Secretary shall give priority in the award of grants under this section to institutions that have entered into a partnership with a public sector or private sector orthotics or prosthetics practice that offers students experience in meeting the unique needs of members of the Armed Forces who have experienced limb loss or limb impairment, including by offering clinical rotations at such orthotics and prosthetics practice.

(b) Applications.--

(1) Request for proposals.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals from institutions eligible for grants under this section.

(2) Application.--An institution that seeks the award of a grant under this section shall submit to the Secretary an application therefor at such time, in such manner, and accompanied by such information as the Secretary may require, including--

(A) demonstration of a willingness and ability to participate in a partnership described in subsection (a)(2); and

(B) demonstration of an ability to maintain an accredited orthotics and prosthetics education program after the end of the grant period.

(1) To establish or expand an accredited orthotics and prosthetics master's degree program.

(2) To conduct training and retain faculty in orthotics and prosthetics education, or related fields, for the purpose of instruction in orthotics and prosthetics programs.

(3) To fund faculty research projects or faculty time to undertake research in orthotics and prosthetics for the purpose of furthering their teaching abilities.

(4) To conduct minor construction to house orthotics and prosthetics education programs.

(5) To acquire equipment for orthotics and prosthetics education.

(d) Limitation on Grant Amount.--The amount of any grant awarded an institution under this section may not exceed

$1,500,000.

(e) Period of Use of Funds.--An institution awarded a grant under this section may use the grant amount for a period of three years after the award of the grant.

(f) Funding.--

(1) In general.--Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense for the Defense Health Program by section 1405,

$15,000,000 may be available to carry out this section.

(2) Availability.--The amount available under paragraph (1) shall remain available for obligation until September 30, 2021.

______

SA 2426. Mr. VAN HOLLEN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 316. PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR

FACILITIES SUSTAINMENT, RESTORATION, AND

MODERNIZATION DEMOLITION.

The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization

(FSRM) process. Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination.

______

SA 2427. Mr. LANKFORD (for himself, Ms. Klobuchar, Ms. Collins, Ms. Harris, Mr. Burr, Mr. Warner, Mr. Graham, and Mr. Heinrich) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle __--Election Security

SEC. ____1. SHORT TITLE.

This subtitle may be cited as the ``Secure Elections Act''.

SEC. ___2. DEFINITIONS.

In this subtitle:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Rules and Administration, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Select Committee on Intelligence, the majority leader, and the minority leader of the Senate; and

(B) the Committee on House Administration, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, the Permanent Select Committee on Intelligence, the Speaker, and the minority leader of the House of Representatives.

(2) Appropriate federal entities.--The term ``appropriate Federal entities'' means--

(A) the Department of Commerce, including the National Institute of Standards and Technology;

(B) the Department of Defense;

(C) the Department, including the component of the Department that reports to the Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department;

(D) the Department of Justice, including the Federal Bureau of Investigation;

(E) the Commission; and

(F) the Office of the Director of National Intelligence, the National Security Agency, and such other elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) as the Director of National Intelligence determines are appropriate.

(3) Chairman.--The term ``Chairman'' means the Chairman of the Election Assistance Commission.

(4) Commission.--The term ``Commission'' means the Election Assistance Commission.

(5) Department.--The term ``Department'' means the Department of Homeland Security.

(6) Election agency.--The term ``election agency'' means any component of a State or any component of a county, municipality, or other subdivision of a State that is responsible for administering Federal elections.

(7) Election cybersecurity incident.--The term ``election cybersecurity incident'' means any incident involving an election system.

(8) Election cybersecurity threat.--The term ``election cybersecurity threat'' means any cybersecurity threat (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) to an election system.

(9) Election cybersecurity vulnerability.--The term

``election cybersecurity vulnerability'' means any security vulnerability (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) that affects an election system.

(10) Election service provider.--The term ``election service provider'' means any person providing, supporting, or maintaining an election system on behalf of an election agency, such as a contractor or vendor.

(11) Election system.--The term ``election system'' means a voting system, an election management system, a voter registration website or database, an electronic pollbook, a system for tabulating or reporting election results, an election agency communications system, or any other information system (as defined in section 3502 of title 44, United States Code) that the Secretary identifies as central to the management, support, or administration of a Federal election.

(12) Federal election.--The term ``Federal election'' means any election (as defined in section 301(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(1)) for Federal office (as defined in section 301(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(3)).

(13) Federal entity.--The term ``Federal entity'' means any agency (as defined in section 551 of title 5, United States Code).

(14) Incident.--The term ``incident'' has the meaning given the term in section 227(a) of the Homeland Security Act of 2002 (6 U.S.C. 148(a)).

(15) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

(16) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands.

(17) State election official.--The term ``State election official'' means--

(A) the chief State election official of a State designated under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509); or

(B) in the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands, a chief State election official designated by the State for purposes of this Act.

(18) State law enforcement officer.--The term ``State law enforcement officer'' means the head of a State law enforcement agency, such as an attorney general.

(19) Voting system.--The term ``voting system'' has the meaning given the term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)).

SEC. ____3. INFORMATION SHARING.

(a) Designation of Responsible Federal Entity.--The Secretary shall have primary responsibility within the Federal Government for sharing information about election cybersecurity incidents, threats, and vulnerabilities with Federal entities and with election agencies.

(b) Presumption of Federal Information Sharing to the Department.--If a Federal entity receives information about an election cybersecurity incident, threat, or vulnerability, the Federal entity shall promptly share that information with the Department, unless the head of the entity (or a Senate-confirmed official designated by the head) makes a specific determination in writing that there is good cause to withhold the particular information.

(c) Presumption of Federal and State Information Sharing From the Department.--If the Department receives information about an election cybersecurity incident, threat, or vulnerability, the Department shall promptly share that information with--

(1) the appropriate Federal entities;

(2) all State election agencies;

(3) to the maximum extent practicable, all election agencies that have requested ongoing updates on election cybersecurity incidents, threats, or vulnerabilities; and

(4) to the maximum extent practicable, all election agencies that may be affected by the risks associated with the particular election cybersecurity incident, threat, or vulnerability.

(d) Technical Resources for Election Agencies.--In sharing information about election cybersecurity incidents, threats, and vulnerabilities with election agencies under this section, the Department shall, to the maximum extent practicable--

(1) provide cyber threat indicators and defensive measures

(as such terms are defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)), such as recommended technical instructions, that assist with preventing, mitigating, and detecting threats or vulnerabilities;

(2) identify resources available for protecting against, detecting, responding to, and recovering from associated risks, including technical capabilities of the Department; and

(3) provide guidance about further sharing of the information.

(e) Declassification Review.--If the Department receives classified information about an election cybersecurity incident, threat, or vulnerability--

(1) the Secretary shall promptly submit a request for expedited declassification review to the head of a Federal entity with authority to conduct the review, consistent with Executive Order 13526 or any successor order, unless the Secretary determines that such a request would be harmful to national security; and

(2) the head of the Federal entity described in paragraph

(1) shall promptly conduct the review.

(f) Role of Non-Federal Entities.--The Department may share information about election cybersecurity incidents, threats, and vulnerabilities through a non-Federal entity.

(g) Protection of Personal and Confidential Information.--

(1) In general.--If a Federal entity shares information relating to an election cybersecurity incident, threat, or vulnerability, the Federal entity shall, within Federal information systems (as defined in section 3502 of title 44, United States Code) of the entity--

(A) minimize the acquisition, use, and disclosure of personal information of voters, except as necessary to identify, protect against, detect, respond to, or recover from election cybersecurity incidents, threats, and vulnerabilities;

(B) notwithstanding any other provision of law, prohibit the retention of personal information of voters, such as--

(i) voter registration information, including physical address, email address, and telephone number;

(ii) political party affiliation or registration information; and

(iii) voter history, including registration status or election participation; and

(2) Exemption from disclosure.--Information relating to an election cybersecurity incident, threat, or vulnerability, such as personally identifiable information of reporting persons or individuals affected by such incident, threat, or vulnerability, shared by or with the Federal Government shall be--

(A) deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code, and any State, tribal, or local provision of law requiring disclosure of information or records; and

(B) withheld, without discretion, from the public under section 552(b)(3)(B) of title 5, United States Code, and any State, tribal, or local provision of law requiring disclosure of information or records.

(h) Duty To Assess Possible Cybersecurity Incidents.--

(1) Election agencies.--If an election agency becomes aware of the possibility of an election cybersecurity incident, the election agency shall promptly assess whether an election cybersecurity incident occurred and notify the State election official.

(2) Election service providers.--If an election service provider becomes aware of the possibility of an election cybersecurity incident, the election service provider shall promptly assess whether an election cybersecurity incident occurred and notify the relevant election agencies consistent with subsection (j).

(i) Information Sharing About Cybersecurity Incidents by Election Agencies.--If an election agency has reason to believe that an election cybersecurity incident has occurred with respect to an election system owned, operated, or maintained by or on behalf of the election agency, the election agency shall, in the most expedient time possible and without unreasonable delay, provide notification of the election cybersecurity incident to the Department.

(j) Information Sharing About Cybersecurity Incidents by Election Service Providers.--If an election service provider has reason to believe that an election cybersecurity incident may have occurred, or that an incident related to the role of the provider as an election service provider may have occurred, the election service provider shall--

(1) notify the relevant election agencies in the most expedient time possible and without unreasonable delay; and

(2) cooperate with the election agencies in providing the notifications required under subsections (h)(1) and (i).

(k) Content of Notification by Election Agencies.--The notifications required under subsections (h)(1) and (i)--

(1) shall include an initial assessment of--

(A) the date, time, and duration of the election cybersecurity incident;

(B) the circumstances of the election cybersecurity incident, including the specific election systems believed to have been accessed and information acquired; and

(2) shall be updated with additional material information, including technical data, as it becomes available.

(l) Security Clearance.--Not later than 30 days after the date of enactment of this Act, the Secretary--

(1) shall establish an expedited process for providing appropriate security clearance to State election officials and designated technical personnel employed by State election agencies;

(2) shall establish an expedited process for providing appropriate security clearance to members of the Commission and designated technical personnel employed by the Commission; and

(3) shall establish a process for providing appropriate security clearance to personnel at other election agencies.

(m) Protection From Liability.--Nothing in this subtitle may be construed to provide a cause of action against a State, unit of local government, or an election service provider.

(n) Assessment of Inter-state Information Sharing About Election Cybersecurity.--

(1) In general.--The Secretary and the Chairman, in coordination with the heads of the appropriate Federal entities and appropriate officials of State and local governments, shall conduct an assessment of--

(A) the structure and functioning of the Multi-State Information Sharing and Analysis Center for purposes of election cybersecurity; and

(B) other mechanisms for inter-state information sharing about election cybersecurity.

(2) Comment from election agencies.--In carrying out the assessment required under paragraph (1), the Secretary and the Chairman shall solicit and consider comments from all State election agencies.

(3) Distribution.--The Secretary and the Chairman shall jointly issue the assessment required under paragraph (1) to--

(A) all election agencies known to the Department and the Commission; and

(B) the appropriate congressional committees.

(o) Congressional Notification.--

(1) In general.--If an appropriate Federal entity has reason to believe that a significant election cybersecurity incident has occurred, the entity shall--

(A) not later than 7 calendar days after the date on which there is a reasonable basis to conclude that the significant incident has occurred, provide notification of the incident to the appropriate congressional committees; and

(B) update the initial notification under paragraph (1) within a reasonable period of time after additional information relating to the incident is discovered.

(2) Reporting threshold.--The Secretary shall--

(A) promulgate a uniform definition of a ``significant election cybersecurity incident''; and

(B) shall submit the definition promulgated under subparagraph (A) to the appropriate congressional committees.

SEC. ____4. ELECTION SECURITY AND ELECTION AUDIT GUIDELINES.

(a) Development by Technical Advisory Board.--

(1) In general.--

(A) Additional duties.--Section 221(b)(1) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)(2)) is amended by striking ``in the development of the voluntary voting system guidelines'' and inserting ``in the development of--

``(A) the voluntary voting system guidelines;

``(B) the election security guidelines in accordance with paragraph (3); and

``(C) the election audit guidelines in accordance with paragraph (4).''.

(B) Conforming amendments.--Sections 202(1) and 207(3) of the Help America Vote Act of 2002 (52 U.S.C. 20922(1) and 20927(3)) are each amended by striking ``voting system''.

(2) Additional membership and renaming of technical guidelines development committee.--

(A) Additional membership.--Section 221(c)(1) of the Help America Vote Act of 2002 (52 U.S.C. 20961(c)(1)) is amended--

(i) by striking ``14'' and inserting ``18''; and

(ii) by redesignating subparagraph (E) as subparagraph (I) and by inserting after subparagraph (D) the following new subparagraphs:

``(E) A representative of the Department of Homeland Security.

``(F) A representative of the Election Infrastructure Information Sharing and Analysis Center.

``(G) A representative of the National Association of State Chief Information Officers.

``(H) A representative of State election information technology directors selected by the National Association of Secretaries of State.''.

(B) Renaming of committee.--

(i) In general.--Section 221(a) of the Help America Vote Act of 2002 (52 U.S.C. 20961(a)) is amended by striking

``Technical Guidelines Development Committee (hereafter in this part referred to as the `Development Committee')'' and inserting ``Technical Advisory Board''.

(ii) Conforming amendments.--

(I) Section 201 of such Act (52 U.S.C. 20921) is amended by striking ``Technical Guidelines Development Committee'' and inserting ``Technical Advisory Board''.

(II) Section 221 of such Act (52 U.S.C. 20921) is amended by striking ``Development Committee'' each place it appears and inserting ``Technical Advisory Board''.

(III) Section 222(b) of such Act (52 U.S.C. 20962(b)) is amended--

(aa) by striking ``Technical Guidelines Development Committee'' in paragraph (1) and inserting ``Technical Advisory Board'',

(bb) by striking ``Development Committee'' in the heading and inserting ``Technical Advisory Board'', and

(IV) Section 271(e) of such Act (52 U.S.C. 21041(e)) is amended by striking ``Technical Guidelines Development Committee'' and inserting ``Technical Advisory Board''.

(V) Section 281(d) of such Act (52 U.S.C. 21051(d)) is amended by striking ``Technical Guidelines Development Committee'' and inserting ``Technical Advisory Board''.

(VI) The heading for section 221 of such Act (52 U.S.C. 20961) is amended by striking ``technical guidelines development committee'' and inserting ``technical advisory board''.

(VII) The heading for part 3 of subtitle A of title II of such Act is amended by striking ``technical guidelines development committee'' and inserting ``technical advisory board''.

(VIII) The items relating to section 221 and part 3 of title II in the table of contents of such Act are each amended by striking ``Technical Guidelines Development Committee'' and inserting ``Technical Advisory Board''.

(b) Guidelines.--

(1) Election security guidelines.--Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph:

``(3) Election security guidelines.--

``(A) In general.--The election security guidelines shall contain guidelines for election cybersecurity, including standards for procuring, maintaining, testing, operating, and updating election systems.

``(B) Requirements.--In developing the guidelines, the Technical Advisory Board shall--

``(i) identify the top risks to election systems;

``(ii) describe how specific technology choices can increase or decrease those risks; and

``(iii) provide recommended policies, best practices, and overall security strategies for identifying, protecting against, detecting, responding to, and recovering from the risks identified under subparagraph (A).

``(C) Issues considered.--

``(i) In general.--In developing the election security guidelines, the Technical Advisory Board shall consider--

``(I) applying established cybersecurity best practices to Federal election administration by States and local governments, including appropriate technologies, procedures, and personnel for identifying, protecting against, detecting, responding to, and recovering from cybersecurity events;

``(II) providing actionable guidance to election agencies that seek to implement additional cybersecurity protections; and

``(III) any other factors that the Technical Advisory Board determines to be relevant.

``(D) Relationship to voluntary voting system guidelines and national institute of standards and technology cybersecurity guidance.--In developing the election security guidelines, the Technical Advisory Board shall consider--

``(i) the voluntary voting system guidelines; and

``(ii) cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)).''.

(2) Audit guidelines.--Section 221(b) of such Act (52 U.S.C. 20961(b)), as amended by paragraph (1), is amended by adding at the end the following new paragraph:

``(4) Election audit guidelines.--

``(A) In general.--The election audit guidelines shall include provisions regarding voting systems and statistical audits for Federal elections, including that--

``(i) each vote is cast using a voting system that allows the voter an opportunity to inspect and confirm the marked ballot before casting it (consistent with accessibility requirements); and

``(ii) each election result is determined by tabulating marked ballots (by hand or device), and prior to the date on which the winning Federal candidate in the election is sworn into office, election agencies within the State inspect (by hand and not by device) a random sample of the marked ballots and thereby establish high statistical confidence in the election result.

``(B) Issues considered.--In developing the election audit guidelines, the Technical Advisory Board shall consider--

``(i) specific types of election audits, including procedures and shortcomings for such audits;

``(ii) mechanisms to verify that election systems accurately tabulate ballots, report results, and identify a winner for each election for Federal office, even if there is an error or fault in the voting system;

``(iii) durational requirements needed to facilitate election audits in a timely manner that allows for confidence in the outcome of the election prior to the swearing-in of a Federal candidate, including variations in the acceptance of postal ballots, time allowed to cure provisional ballots, and election certification deadlines;

``(iv) how the guidelines could assist other components of State and local governments; and

``(v) any other factors that the Technical Advisory Board to be relevant.''.

(3) Deadlines.--Section 221(b)(2) of such Act (52 U.S.C. 20961(b)(2)) is amended--

(A) by striking ``The Development'' and inserting the following:

``(A) Voluntary voting system guidelines.--The Development'';

(B) by striking ``this section'' and inserting ``paragraph

(1)(A)''; and

``(B) Election security and election audit guidelines.--

``(i) Initial guidelines.--The Technical Advisory Board shall provide its initial set of recommendations under subparagraphs (B) and (C) of paragraph (1) to the Executive Director not later than 180 days after the date of the enactment of the Secure Elections Act.

``(ii) Periodic review.--Not later than January 31, 2020, and once every 2 years thereafter, the Technical Advisory Board shall review and update the guidelines described in subparagraphs (B) and (C) of paragraph (1).''.

(1) Publication of recommendations.--Section 221(f) of the Help America Vote Act of 2002 (52 U.S.C. 20961(f)) is amended--

(A) by striking ``At the time the Commission'' and inserting the following:

``(1) Voluntary voting system guidelines.--At the time the Commission''; and.

(B) by adding at the end the following new paragraph:

``(2) Election security and election audit guidelines.--The Technical Advisory Board shall--

``(A) provide a reasonable opportunity for public comment, including through Commission publication in the Federal Register, on the guidelines required under subparagraphs (B) and (C) of subsection (b)(1), including a 45-day opportunity for public comment on a draft of the guidelines before they are submitted to Congress under section 223(a), which shall, to the extent practicable, occur concurrently with the other activities of the Technical Advisory Board under this section with respect to such guidelines; and

``(B) consider the public comments in developing the guidelines.''.

(2) Adoption.--

(A) In general.--Part 3 of subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20961 et seq.) is amended--

(i) by inserting ``of voluntary voting guidelines'' after

``adoption'' in the heading of section 222; and

(ii) by adding at the end the following new section:

``SEC. 223. PROCESS FOR ADOPTION OF ELECTION SECURITY AND

ELECTION AUDIT GUIDELINES.

``(a) Submission to Congress.--

``(1) In general.--Not later than 14 calendar days after the date on which the Commission receives recommendations for the guidelines required described in subparagraphs (B) and

``(2) Modification.--The Commission may modify the guidelines in advance of submission to Congress if--

``(A) the Commission determines that there is good cause to modify the guidelines, consistent with the considerations established in paragraphs (3) or (4) of section 221(b) (as the case may be) and notwithstanding the recommendation of the Technical Advisory Board; and

``(B) the Commission submits a written justification of the modification to the Technical Advisory Board and the appropriate congressional committees.

``(b) Distribution to Election Agencies.--The Commission shall distribute the guidelines described in subparagraphs

(B) and (C) of section 221(b)(1) (b) to all election agencies known to the Commission.

``(c) Publication.--The Commission shall make the guidelines described in subparagraphs (B) and (C) of section 221(b)(1) (b) available on the public website of the Commission.

``(d) Appropriate Congressional Committees.--For purposes of this section, the term `appropriate congressional committees' means--

``(1) the Committee on Rules and Administration, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Select Committee on Intelligence, the majority leader, and the minority leader of the Senate; and

``(2) the Committee on House Administration, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, the Permanent Select Committee on Intelligence, the Speaker, and the minority leader of the House of Representatives.

``(e) Rule of Construction.--Nothing in this section shall be construed to subject the process for developing the guidelines described in subparagraphs (B) and (C) of section 221(b)(1) to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the

`Administrative Procedure Act').''.

(B) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 222 the following new item:

``Sec. 223. Process for adoption of election security and election audit guidelines.''.

SEC. ____5. REQUIREMENT TO CONDUCT POST-ELECTION AUDITS.

(a) Requirement.--

(1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--

(A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and

(B) by inserting after section 303 the following new section:

``SEC. 304. POST-ELECTION AUDITS.

``(a) In General.--Each State and jurisdiction shall--

``(1) conduct a post-election audit of each election for Federal office through the inspection of a random sample of marked ballots of sufficient quantity to establish high statistical confidence in the election result; and

``(2) provide reports to the Election Assistance Commission on the details of the audits conducted under paragraph (1).

``(b) Time for Completing Audit.--The audit required by subsection (a) shall be completed in a timely manner to ensure confiedence in the outcome of the election and before the date on which the winning candidate in the election is sworn into office.

``(c) Effective Date.--

``(1) In general.--Except as provided in subparagraph (B), each State and jurisdiction shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office held in November 2020, and each subsequent election for Federal office.

``(2) Waiver.--If a State or jurisdiction certifies to the Commission not later than November 1, 2020, that the State or jurisdiction will not meet the deadline described in subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) shall apply to the State or jurisdiction as if the reference in such subparagraph to

`November 2020' were a reference to `November 2022'.''.

(2) Clerical amendment.--The table of contents of such Act is amended--

(A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and

(B) by inserting after the item relating to section 303 the following new item:

``Sec. 304. Post-election audits.''.

(b) Reporting.--The Election Assistance Commission shall submit reports to Congress on the information provided to the Commission under section 304(a)(2) of the Help America Vote Act of 2002, as added by subsection (a). Such reports shall be submitted concurrently with the reports required under section 9(a)(3) of the National Voter Registration Act of 1993.

SEC. ____6. REPORTS TO CONGRESS ON FOREIGN THREATS TO

ELECTIONS.

(a) In General.--Not later than 30 days after the date of enactment of this Act, and 30 days after the end of each fiscal year thereafter, the Secretary and the Director of National Intelligence, in coordination with the heads of the appropriate Federal entities, shall submit a joint report to the appropriate congressional committees on foreign threats to elections in the United States, including physical and cybersecurity threats.

(b) Voluntary Participation by States.--The Secretary shall solicit and consider comments from all State election agencies. Participation by an election agency in the report under this subsection shall be voluntary and at the discretion of the State.

______

SA 2428. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 12__. ESTABLISHMENT OF COMBINED MARITIME TASK FORCE

PACIFIC.

(a) In General.--Not later than one year after the date of the enactment of this Act, the President shall establish a task force, to be known as the Combined Maritime Task Force Pacific, to protect a free and open Indo-Pacific maritime region.

(b) Consultation.--In establishing the task force under subsection (a), the President shall seek the participation of partner nations that are interested in goals of the task force.

______

SA 2429. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. TREATMENT OF RWANDAN PATRIOTIC FRONT AND RWANDAN

PATRIOTIC ARMY UNDER IMMIGRATION AND

NATIONALITY ACT.

(a) Removal of Treatment as Terrorist Organizations.--

(1) In general.--Except as provided in paragraph (2), the Rwandan Patriotic Front and the Rwandan Patriotic Army shall be excluded from the definition of terrorist organization (as defined in section 212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B) for any period before August 1, 1994.

(2) Exception.--

(A) In general.--The Secretary of State, in consultation with the Secretary of Homeland Security and the Attorney General, or the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, as applicable, may suspend the application of paragraph (1) for the Rwandan Patriotic Front or the Rwandan Patriotic Army in the sole and unreviewable discretion of such applicable Secretary.

(B) Report.--Not later than, or contemporaneously with, a suspension of paragraph (1) under subparagraph (A), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate committees of Congress a report on the justification for such suspension.

(b) Relief From Inadmissibility.--

(1) Activities before august 1, 1994.--Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to an alien with respect to any activity undertaken by the alien in association with the Rwandan Patriotic Front or the Rwandan Patriotic Army before August 1, 1994.

(2) Exception.--

(A) In general.--Paragraph (1) shall not apply if the Secretary of State or the Secretary of Homeland Security, as applicable, determines in the sole unreviewable discretion of such applicable Secretary that, in the totality of the circumstances, such alien--

(i) poses a threat to the safety and security of the United States; or

(ii) does not merit a visa, admission to the United States, or a grant of an immigration benefit or protection.

(B) Implementation.--Subparagraph (A) shall be implemented by the Secretary of State and the Secretary of Homeland Security, in consultation with the Attorney General.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and

(2) the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.

______

SA 2430. Mr. GARDNER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title I, add the following:

SEC. 112. BRIEFING ON PROCUREMENT PLAN FOR ACQUIRED POSITION

NAVIGATION AND TIMING (APNT) SOLUTION.

Not later than September 1, 2018, the Secretary of the Army, in coordination with the Director of the Army's Acquired Position Navigation and Timing (APNT) Cross Functional Team (CFT) pilot, shall provide to the congressional defense committees a briefing that outlines potential courses of action to begin immediate procurement of APNT systems, subject to successful test and evaluation.

______

SA 2431. Mr. GARDNER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 12__. REPORT ON THE CAPABILITIES AND ACTIVITIES OF THE

ISLAMIC STATE OF IRAQ AND SYRIA AND OTHER

VIOLENT EXTREMIST GROUPS IN SOUTHEAST ASIA.

(a) Report Required.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth an assessment of the current and future capabilities and activities of the Islamic State of Iraq and Syria (ISIS) and other violent extremist groups in Southeast Asia.

(b) Elements.--The report shall include the following:

(1) The current number of Islamic State of Iraq and Syria fighters in Southeast Asia.

(2) The estimated number of Islamic State of Iraq and Syria fighters expected to return to Southeast Asia from fighting in the Middle East.

(3) The current resources available to combat the threat of the Islamic State of Iraq and Syria in Southeast Asia, and the additional resources required to combat that threat.

(4) A detailed assessment of the capabilities of the Islamic State of Iraq and Syria to operate effectively in countries such as the Philippines, Indonesia, and Malaysia.

(5) A description of the capabilities and resources of governments of countries in Southeast Asia to counter violent extremist groups.

(6) A list of additional United States resources and capabilities that the Department of Defense recommends providing to governments in Southeast Asia to combat violent extremist groups.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2432. Mr. HATCH (for himself, Mrs. Capito, Mr. Daines, Mrs. Shaheen, Ms. Baldwin, Mr. Hoeven, Ms. Hassan, Mr. Crapo, and Mr. Manchin) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VII, add the following:

SEC. 706. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE

SELECT OF CERTAIN MEMBERS OF THE SELECTED

RESERVE.

(a) In General.--Section 1076d(a) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking ``(1) Except as provided in paragraph (2), a member'' and inserting ``A member''; and

(2) by striking paragraph (2).

(b) Sense of Congress.--It is the sense of Congress that the costs of carrying out the amendments made by this section, if any, will be offset.

______

SA 2433. Mr. HATCH (for himself, Mr. Cornyn, and Mr. Lankford) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle H--Support for the People of Iran

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Continued Support for the Iranian People Act of 2018''.

SEC. 1282. FINDINGS.

Congress makes the following findings:

(1) The protests that began on December 28, 2017, in Iran

(in this subtitle referred to as ``the protests'') were instigated and supported by a diverse demographic of Iranian citizens, especially including the poor and economically disenfranchised populations across the country, located in both rural and urban areas.

(2) Rather than invest in the legitimate economy and future of the Iranian people, the Government of Iran budgeted billions of dollars to continue supporting illegitimate armed groups and terrorists in the region, primarily through its Islamic Revolutionary Guard Corps (IRGC).

(3) The Government of Iran has arrested at least 4,500 individuals for participating in the protests, at least 490 of whom remain in custody, according to news reports.

(4) According to Reuters, Iranian Deputy Interior Minister Hossein Zolfaghari stated on January 1, 2018, that ``more than 90 percent of the people arrested in these unrests were young people and teenagers under the age of 25 and virtually none of them have any arrest history''.

(5) On January 8, 2018, Hamid Shahriari, deputy head of the Government of Iran's judiciary, said that ``those who organized and led the unrest against the establishment can expect the maximum penalty,'' according to the Iranian Students News Agency (ISNA), as reported by Radio Free Europe/Radio Liberty.

(6) Three detained prisoners were reported to have

``committed suicide'' in Iranian prisons since their incarceration, including Iranian-Canadian academic Kavous Seyed-Emami.

(7) The Iranian Security Forces have killed over 20 individuals during the protests, including 13-year-old Armin Sadeghi.

(8) The Government of Iran has consistently blocked Internet access and use of communications applications like Telegram and Instagram. As of January 31, 2018, protests continue throughout Iran, with demonstrations in the city of Ahvaz on January 23, 2018, and four more cities in the days since.

SEC. 1283. SENSE OF CONGRESS.

Congress--

(1) strongly condemns the Government of Iran for its human rights violations against the people of Iran during and in the wake of the protests;

(2) urges the President to continue to publicly--

(A) condemn the Government of Iran for its human rights abuses against the Iranian people; and

(B) support the human rights, economic prosperity, and democratic aspirations of the Iranian people;

(3) reaffirms the right of the people of Iran to the freedom of speech and assembly in the face of oppression perpetrated by the Government of Iran; and

(4) supports the right of the people of Iran to a democratic system of governance.

SEC. 1284. STATEMENT OF UNITED STATES POLICY.

It is the policy of the United States--

(1) to condemn the Government of Iran's violations of its citizens' human rights, freedom of religious expression, and freedom of speech, including state-sanctioned violence against peaceful protestors;

(2) to support, through appropriate actions and official public statements, the people of Iran in their fight for freedom and prosperity; and

(3) to work with international allies and partners to monitor and effectively respond to the protests in Iran in a manner that supports the human rights and democratic aspirations of the people of Iran and deters the Government of Iran from committing continued acts of oppression and persecution against its citizens.

SEC. 1285. REQUIREMENTS.

(a) Use of Social Media.--

(1) Strategy.--The Secretary of State, in consultation with the Secretary of Commerce and the Office of the Director of National Intelligence, shall work with relevant social media and telecommunications companies, Internet service providers, and expert public stakeholders, as appropriate, to develop a strategy consisting of potential government and private sector actions and best practices for preventing the Government of Iran from shutting down Internet access and blocking access to social media applications.

(2) Report required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, which may contain a classified annex, containing the strategy described in paragraph (1).

(b) Modification of Annual Human Rights Report.--

(1) Report required.--As part of the first Annual Country Report on Human Rights submitted after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury, in consultation with other appropriate Federal agencies, shall include an unclassified report documenting the actions of the Government of Iran, the Iranian Revolutionary Court, the Iranian Revolutionary Guard Corps, and their proxies in response to the protests that began on December 28, 2017.

(2) Elements.--The report required under paragraph (1) shall include--

(A) an appendix detailing the circumstances of the incarcerations undertaken by the Government of Iran during this period and the treatment of prisoners; and

(B) an appendix, which may contain a classified annex, detailing the sources and mechanisms used by the Government of Iran, the IRGC, and its proxies to fund its actions in response to the protests.

(3) Required briefing.--Not later than 60 days after the date of the enactment of this Act and upon publication of the report described in paragraph (1), the Secretary of State and the Secretary of the Treasury shall brief, in an unclassified and classified format, if necessary, the appropriate congressional committees on the information required by the report described in paragraph (1).

SEC. 1286. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this subtitle, the term ``appropriate congressional committees'' means--

(1) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.

______

SA 2434. Mr. HATCH submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle H--Iran Sanctions

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Iranian Revolutionary Guard Corps Economic Exclusion Act''.

SEC. 1282. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN

PERSONS THAT ARE OFFICIALS, AGENTS, OR

AFFILIATES OF, OR OWNED OR CONTROLLED BY,

IRAN'S REVOLUTIONARY GUARD CORPS.

(a) In General.--Section 301(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(a)) is amended--

(1) in the matter preceding paragraph (1), by striking

``Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter,'' and inserting

``Not later than 180 days after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, and every 180 days thereafter,'';

(2) in paragraph (1)--

(A) by inserting ``, or owned or controlled by,'' after

``affiliates of''; and

(B) by striking ``and'' at the end;

(3) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and

(4) by adding at the end the following:

``(3) identify foreign persons with respect to which there is a reasonable basis to determine that the foreign persons have, directly or indirectly, conducted one or more sensitive transactions or activities described in subsection (c) for or on behalf of a foreign person described in paragraph (1).''.

(b) Authorization; Priority for Investigation; Reports.--Section 301(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(b)) is amended to read as follows:

``(b) Authorization; Priority for Investigation; Reports.--

``(1) Authorization.--In identifying foreign persons pursuant to subsection (a)(1) as owned or controlled by Iran's Revolutionary Guard Corps, the President is authorized to identify foreign persons in which Iran's Revolutionary Guard Corps has an ownership interest of less than 50 percent.

``(2) Priority for investigation.--In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of, or owned or controlled by, Iran's Revolutionary Guard Corps, the President shall investigate--

``(A) foreign persons identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); and

``(B) foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c).

``(3) Report.--

``(A) Determination.--

``(i) In general.--The President shall determine whether each foreign person described in clause (ii) is owned or controlled by Iran's Revolutionary Guard Corps.

``(ii) Foreign persons described.--The foreign persons described in this clause are the following:

``(I) The Telecommunication Company of Iran.

``(II) The Mobile Telecommunication Company of Iran (MTCI).

``(III) The Calcimin Public Company.

``(IV) The Iran Tractor Manufacturing Company.

``(V) The Iran Tractor Motors Manufacturing Company.

``(VI) The Iran Zinc Mines Development Company.

``(VII) The National Iranian Lead and Zinc Company.

``(VIII) The Iran Mineral Products Company.

``(IX) Tosee Energy Paivaran Company.

``(B) Report.--

``(i) In general.--Not later than 90 days after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, the President shall submit to the appropriate congressional committees a report on the determinations made under subparagraph (A) together with the reasons for those determinations.

``(ii) Form.--A report submitted under clause (i) shall be submitted in unclassified form but may contain a classified annex.

``(4) Additional report.--

``(A) In general.--Not later than 180 days after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, the President shall submit to the appropriate congressional committees a report that includes a detailed list of foreign persons in which there is a reasonable basis to determine that Iran's Revolutionary Guard Corps has an ownership interest of not less than 33 percent.

``(B) Form.--The report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex.''.

(c) Sensitive Transactions and Activities Described.--Section 301(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(c)) is amended--

(1) in paragraph (1)--

(A) by striking ``$1,000,000'' and inserting ``$500,000''; and

(B) by inserting ``Iranian financial institution or'' after

``involving a'';

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (6), (7), and (8), respectively; and

(3) by inserting after paragraph (2) the following new paragraphs:

``(3) a transaction to provide material support for an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act

(8 U.S.C. 1189(a)) or support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note));

``(4) a transaction to provide material support to a foreign person whose property and interests in property have been blocked pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);

``(5) a transaction to provide material support for--

``(A) the Government of Syria or any agency or instrumentality thereof; or

``(B) any entity owned or controlled by the Government of Syria, including for purposes of post-conflict reconstruction;''.

(d) Waiver of Imposition of Sanctions.--Section 301(e) of the Iran Threat Reduction and Syria Human Rights Act of 2012

(22 U.S.C. 8741(e)) is amended--

(1) in paragraph (1)--

(A) by striking ``(A) determines'' and inserting ``(A)(i) determines'';

(B) by striking ``(B) submits'' and inserting ``(ii) submits'';

(D) by striking ``(ii) sets'' and inserting ``(II) sets'';

(E) by striking the period at the end and inserting ``; and''; and

(F) by adding at the end the following:

``(B) with respect to a foreign person identified under subsection (a)(3) by reason of having conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c)(5), also certifies to the appropriate congressional committees that Iran's Revolutionary Guard Corps is significantly decreasing provision of direct or indirect material support to the Government of Syria or Hezbollah's operations in Syria.''; and

(2) in paragraph (2), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(A)(ii)''.

(e) Regulations, Implementation, Penalties, and Definitions.--Section 301 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741) is amended--

(1) by redesignating subsection (f) as subsection (h); and

(2) by inserting after subsection (e) the following new subsection:

``(f) Definitions.--In this section:

``(1) Foreign person.--The term `foreign person' means--

``(A) an individual who is not a United States person;

``(B) a corporation, partnership, or other nongovernmental entity that is not a United States person; or

``(C) any representative, agent, or instrumentality of, or an individual working on behalf of, a foreign government.

``(2) Iran's revolutionary guard corps.--The term `Iran's Revolutionary Guard Corps' includes any senior foreign political figure (as defined in section 1010.605 of title 31, Code of Federal Regulations) of Iran's Revolutionary Guard Corps.''.

(f) Conforming and Clerical Amendments.--The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended--

(1) by striking the heading of section 301 and inserting the following:

``SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS

WITH RESPECT TO, FOREIGN PERSONS THAT ARE

OFFICIALS, AGENTS, OR AFFILIATES OF, OR OWNED

OR CONTROLLED BY, IRAN'S REVOLUTIONARY GUARD

CORPS.'';

and

(2) in the table of contents, by striking the item relating to section 301 and inserting the following:

``Sec. 301. Identification of, and imposition of sanctions with respect to, foreign persons that are officials, agents, or affiliates of, or owned or controlled by, Iran's

Revolutionary Guard Corps.''.

(g) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to conduct described in section 301(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012, as amended by this section, engaged in on or after such date of enactment.

SEC. 1283. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN

PERSONS THAT SUPPORT OR CONDUCT CERTAIN

TRANSACTIONS WITH IRAN'S REVOLUTIONARY GUARD

CORPS OR OTHER SANCTIONED PERSONS.

(a) Identification.--Section 302(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(a)(1))--

(1) in subparagraph (B)--

(A) by inserting ``, or provide significant financial services to,'' after ``transactions with''; and

(B) in clause (ii), by striking ``or'' at the end; and

(2) in subparagraph (C)--

(A) in the matter preceding clause (i), by inserting ``, provide significant financial services to, or provide material support to'' after ``transactions with'';

(B) in clause (i), by striking ``or'' at the end; and

``(ii) an Iranian person--

``(I) designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); or

``(II) that has provided support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note));

``(iii) an Iranian person whose property and interests in property have been blocked pursuant to Executive Order 13224

(50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);

``(iv) an Iranian person whose property and interests in property have been blocked pursuant to--

``(I) Executive Order 13608 (50 U.S.C. 1701 note; relating to prohibiting certain transactions with and suspending entry into the United States of foreign sanctions evaders with respect to Iran and Syria);

``(II) Executive Order 13606 (50 U.S.C. 1701 note; relating to blocking the property and suspending entry into the United States of certain persons with respect to grave human rights abuses by the Governments of Iran and Syria via information technology);

``(III) Executive Order 13582 (50 U.S.C. 1701 note; relating to blocking property of the Government of Syria and prohibiting certain transactions with respect to Syria);

``(IV) Executive Order 13573 (50 U.S.C. 1701 note; relating to blocking property of senior officials of the Government of Syria);

``(V) Executive Order 13572 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to human rights abuses in Syria);

``(VI) Executive Order 13460 (50 U.S.C. 1701 note; relating to blocking property of additional persons in connection with the national emergency with respect to Syria);

``(VII) Executive Order 13399 (50 U.S.C. 1701 note; relating to blocking property of additional persons in connection with the national emergency with respect to Syria);

``(VIII) Executive Order 13338 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria); or

``(IX) any other Executive order adopted on or after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, to the extent that such Executive order imposes sanctions with respect to Syria; or

``(v) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clauses (i) through (iv).''.

(b) Imposition of Sanctions.--Section 302(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(b)) is amended by striking ``the President--'' and all that follows and inserting ``the President shall block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.''.

(22 U.S.C. 8742(d)) is amended--

(1) in paragraph (1)--

(A) by striking ``(A)(i) determines'' and inserting

``(A)(i)(I) determines'';

(B) by striking ``(ii) determines'' and inserting ``(II) determines'';

(D) by striking ``(i) identifies'' and inserting ``(I) identifies'';

(E) by striking ``(ii) describes'' and inserting ``(II) describes'';

(F) by striking ``(iii) sets forth'' and inserting ``(III) sets forth'';

(G) by striking the period at the end and inserting ``; and''; and

(H) by adding at the end the following:

``(B) with respect to a foreign person identified under subsection (a)(1) by reason of having engaged in a significant transaction or transactions with, or provided significant financial services or material support to, an Iranian person described in subparagraph (C)(iv) of that subsection, also certifies to the appropriate congressional committees that Iran's Revolutionary Guard Corps is significantly decreasing provision of direct or indirect material support to the Government of Syria or Hezbollah's operations in Syria.''; and

(2) in paragraph (2), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(A)(ii)''.

(d) Waiver of Identifications and Designations.--Section 302(e) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(e)) is amended--

(1) by striking ``and subject to paragraph (2)'';

(2) by striking ``(1) determines'' and inserting ``(1)(A) determines'';

(3) by striking ``(2) notifies'' and inserting ``(B) notifies'';

(4) by striking the period at the end and inserting ``; and''; and

(5) by adding at the end the following:

``(2) with respect to a foreign person identified under subsection (a)(1) by reason of having engaged in a significant transaction or transactions with, or provided significant financial services or material support to, an Iranian person described in subparagraph (C)(iv) of that subsection, also certifies to the appropriate congressional committees that Iran's Revolutionary Guard Corps is significantly decreasing provision of direct or indirect material support to the Government of Syria or Hezbollah's operations in Syria.''.

(e) Iranian Person Defined.--Section 302 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742) is amended by adding at the end the following:

``(g) Iranian Person Defined.--In this section, the term

`Iranian person' means--

``(1) an individual who is a citizen or national of Iran; and

``(2) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran.''.

(f) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to conduct described in section 302(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012, as amended by this section, engaged in on or after such date of enactment.

SEC. 1284. REPORTS ON CERTAIN IRANIAN PERSONS.

(a) Statement of Policy.--It shall be the policy of the United States to fully implement and enforce sanctions against Iran's Revolutionary Guard Corps, including its officials, agents, and affiliates.

(b) In General.--Subtitle B of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112-158; 126 Stat. 1247) is amended by adding at the end the following:

``SEC. 313. REPORT ON CERTAIN IRANIAN PERSONS.

``(a) In General.--Not later than 180 days after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, and annually thereafter until the date that is 2 years after such date of enactment, the President shall submit to the appropriate congressional committees a report that contains the following:

``(1) A list of foreign persons listed on the Tehran Stock Exchange and, with respect to each such foreign person, a determination of whether or not Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly, owns or controls the foreign person.

``(2) A list of foreign persons that are operating business enterprises in Iran that have a valuation of more than

$100,000,000 in Iran and, with respect to each such foreign person, a determination of whether or not Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly, owns or controls the foreign person.

``(3) A list of Iranian financial institutions that have a valuation of more than $10,000,000 and, with respect to each such Iranian financial institution, a determination of whether or not--

``(A) the institution has knowingly facilitated a significant transaction directly or indirectly for, or on behalf of, Iran's Revolutionary Guard Corps during the 2-year period beginning on the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act; or

``(B) Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly, owns or controls the institution.

``(b) Form of Report; Public Availability.--

``(1) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

``(2) Public availability.--The unclassified portion of the report required by paragraph (1) shall be posted on a publicly available Internet website of the Department of the Treasury and a publicly available Internet website of the Department of State.

``(c) Definitions.--In this section:

``(1) Foreign person.--The term `foreign person' means--

``(A) an individual who is not a United States person;

``(B) a corporation, partnership, or other nongovernmental entity that is not a United States person; or

``(C) any representative, agent, or instrumentality of, or an individual working on behalf of, a foreign government.

``(3) Iranian financial institution.--The term `Iranian financial institution' means--

``(A) a financial institution organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution;

``(B) a financial institution located in Iran;

``(C) a financial institution, wherever located, owned or controlled by the Government of Iran; or

``(D) a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).

``(4) Significant transaction.--A transaction shall be determined to be a `significant transaction' in accordance with section 561.404 of title 31, Code of Federal Regulations.

``SEC. 314. REPORT ON THE FOREIGN SUPPLY CHAIN AND DOMESTIC

SUPPLY CHAIN INSIDE AND OUTSIDE OF IRAN THAT

AIDS IRAN'S REVOLUTIONARY GUARD CORPS.

``(a) In General.--Not later than 180 days after the date of the enactment of the Iranian Revolutionary Guard Corps Economic Exclusion Act, the President shall submit a report on the foreign supply chain and domestic supply chain inside and outside of Iran that directly or indirectly significantly facilitates, supports, or otherwise aids Iran's Revolutionary Guard Corps to--

``(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

``(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

``(b) Matters To Be Included.--The report required under subsection (a) shall include the following:

``(1) An analysis of the foreign supply chain and domestic supply chain described in subsection (a).

``(2) Persons that conduct both primary activities and support activities for the Iran's Revolutionary Guards Corps.

``(3) A description of the geographic distribution of the foreign supply chain and domestic supply chain described in subsection (a).

``(c) Form.--The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.''.

(c) Clerical Amendment.--The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 312 the following:

``Sec. 313. Report on certain Iranian persons.

``Sec. 314. Report on the foreign supply chain and domestic supply chain inside and outside of Iran that aids Iran's

Revolutionary Guard Corps.''.

SEC. 1285. STATEMENT OF POLICY ON PREVENTION OF ACCESSION OF

IRAN TO WORLD TRADE ORGANIZATION.

(a) In General.--It shall be the policy of the United States to work to prevent Iran's membership in the World Trade Organization and similar international bodies until the date on which the determination of the Secretary of State that the Government of Iran has repeatedly provided support for acts of international terrorism under the provisions of law described in subsection (b) is rescinded.

(b) Provisions of Law Described.--The provisions of law described in this subsection are--

(1) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.));

(2) section 620A(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2371(a));

(3) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

(4) any other provision of law.

SEC. 1286. STATEMENT OF POLICY ON IRANIAN-DIRECTED AND

SPONSORED VIOLENCE AGAINST UNARMED CIVILIANS.

(a) In General.--It shall be the policy of the United States to respond to the Government of Iran's targeted violence toward civilians, whether such violence--

(1) takes place inside Iran or elsewhere; and

(2) is conducted directly by that Government or its military or proxies or by direct accommodation through intermediaries or other agents.

(b) Implementation.--To achieve the policy set forth in subsection (a), the United States shall--

(1) condemn support for terrorism by the Government of Iran or its military or proxies, whether provided directly or through sponsor organizations such as Hezbollah;

(2) condemn the support or accommodation by the Government of Iran or its military or proxies for any acts of violence against unarmed civilians, whether provided--

(A) within the borders of Iran or elsewhere;

(B) directly or through intermediaries;

(D) through conventional or nonconventional methods;

(3) work with international partners to develop steps and tools to exert pressure on the Government of Iran and its military and proxies in response to incidents of violence targeting unarmed civilians; and

(4) take steps to facilitate entry of representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Human Rights, and the United Nations Special Rapporteur on the situation of human rights defenders to inspect and respond to particular incidents of such violence in a timely fashion.

SEC. 1287. EXCEPTION RELATING TO IMPORTATION OF GOODS.

(a) In General.--The authorities and requirements to impose sanctions under this subtitle and the amendments made by this subtitle shall not include the authority or a requirement to impose sanctions on the importation of goods.

(b) Good Defined.--In this section, the term ``good'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

______

SA 2435. Mr. YOUNG (for himself and Mr. Van Hollen) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. HOUSING CHOICE VOUCHER MOBILITY DEMONSTRATION.

(a) Definitions.--In this section:

(1) Families; public housing agency.--The term ``public housing agency'' have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(2) Housing choice voucher assistance.--The term ``housing choice voucher assistance'' means voucher assistance provided under section 8(o) of the United States Housing Act of 1937

(42 U.S.C. 1437f(o)).

(3) Plan.--The term ``Plan'' means a Regional Housing Mobility Plan submitted under subsection (d).

(4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

(b) Authority.--The Secretary may carry out a mobility demonstration program to enable public housing agencies to administer housing choice voucher assistance in a manner designed to encourage families receiving that assistance to move to lower-poverty areas and expand access to opportunity areas.

(1) Requirements.--The Secretary shall establish requirements for public housing agencies to participate in the demonstration program under this section, which shall provide that the following public housing agencies may participate:

(A) Public housing agencies that together--

(i) serve areas with high concentrations of families receiving housing choice voucher assistance in poor, low-opportunity neighborhoods; and

(ii) have an adequate number of moderately priced rental units in higher-opportunity areas.

(B) Planned consortia or partial consortia of public housing agencies that--

(i) include not less than 1 public housing agency with a high-performing Family Self-Sufficiency program carried out under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u); and

(ii) will enable participating families to continue in the Family Self-Sufficiency program if the family relocates to the jurisdiction served by any other public housing agency of the consortium.

(i) serve jurisdictions within a single region;

(ii) include not less than 1 small public housing agency; and

(iii) will consolidate mobility-focused operations.

(D) Such other public housing agencies as the Secretary considers appropriate.

(2) Selection criteria.--The Secretary shall establish competitive selection criteria for public housing agencies eligible under paragraph (1) to participate in the demonstration program under this section.

(3) Random selection of families.--The Secretary may require public housing agencies participating in the demonstration program under this section to use a randomized selection process to select among the families eligible to receive assistance under the demonstration program.

(d) Regional Housing Mobility Plan.--The Secretary shall require each public housing agency applying to participate in the demonstration program under this section to submit a Regional Housing Mobility Plan, which shall--

(1) identify the public housing agencies that will participate under the Plan and the number of vouchers each participating public housing agency will make available out of their existing programs in connection with the demonstration;

(2) identify any community-based organizations, nonprofit organizations, businesses, and other entities that will participate under the Plan and describe the commitments for the participation made by each such entity;

(3) identify any waivers or alternative requirements requested for the execution of the Plan;

(4) identify any specific actions that the public housing agencies and other entities will undertake to accomplish the goals of the demonstration program, which shall include a comprehensive approach to enable a successful transition to opportunity areas and may include counseling and continued support for families;

(5) specify the criteria that the public housing agencies would use to identify opportunity areas under the Plan;

(6) provide for the establishment of priority and preferences for families receiving assistance under the demonstration program, including a preference for families with young children, as such term is defined by the Secretary, based on regional housing needs and priorities; and

(7) comply with any other requirements established by the Secretary.

(e) Funding for Mobility-Related Services.--

(1) Use of administrative fees.--Each public housing agency participating in the demonstration program under this section may use administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), any administrative fee reserves of the public housing agency, and funding from private entities to provide mobility-related services in connection with the demonstration program, including services such as counseling, portability coordination, landlord outreach, security deposits, and administrative activities associated with establishing and operating regional mobility programs.

(2) Use of housing assistance funds.--Each public housing agency participating in the demonstration program under this section may use housing assistance payment contract funds under section 8(o) of the United States Housing Act of 1937

(42 U.S.C. 1437f(o)) for security deposits if necessary to enable families to lease units with housing choice voucher assistance in designated opportunity areas.

(f) Waivers; Alternative Requirements.--

(1) Waivers.--To allow for public housing agencies to implement and administer the Plan of the public housing agency under the demonstration program under this section, the Secretary may waive or specify alternative requirements for the following provisions of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.):

(A) Paragraphs (7)(A) and (13)(E)(i) of section 8(o) (42 U.S.C. 1437f(o)) (relating to the term of a lease and mobility requirements).

(B) Section 8(o)(13)(C)(i) (42 U.S.C. 1437f(o)(13)(C)(i))

(relating to the public housing agency plan).

(C) Section 8(r)(2) (42 U.S.C. 1437f(r)(2)) (relating to the responsibility of a public housing agency to administer portable assistance).

(2) Alternative requirements.--The Secretary shall provide additional authority for public housing agencies in a selected region to form a consortium that has a single housing assistance payment contract, or to enter into a partial consortium to operate all or portions of the Plan, including public housing agencies participating in the Moving To Work demonstration program established under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-281).

(3) Effective date.--Any waiver or alternative requirements pursuant to this subsection shall not take effect before the date that is 10 days after the date on which the date on which the Secretary publishes a notice of the waiver or alternative requirement in the Federal Register.

(g) Implementation.--The Secretary may implement the demonstration program under this section, including the terms, procedures, requirements, and conditions of the demonstration, by notice.

(h) Evaluation.--

(1) In general.--Not later than 5 years after the implementation of the regional housing mobility programs by public housing agencies participating in the demonstration program under this section, the Secretary shall submit to Congress and publish in the Federal Register a report evaluating the effectiveness of the strategies pursued under the demonstration program, subject to the availability of funding to conduct the evaluation.

(2) Dissemination of findings.--The Secretary shall--

(A) through internet websites and other means, disseminate interim findings relating to the demonstration program under this section as they become available; and

(B) if promising strategies are identified through the findings described in subparagraph (A), notify Congress of the amount of funds that would be required to expand the testing of these strategies in additional types of public housing agencies and housing markets.

______

SA 2436. Ms. COLLINS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part I of subtitle C of title XVI, add the following:

SEC. ___. REPORT ON STRENGTHENING NATO CYBER DEFENSE.

(a) Sense of Senate.--It is the sense of the Senate that the Department of Defense should continue to cooperate with the North Atlantic Treaty Organization (NATO) and key Organization allies in order to promote the common defense in the cyberspace domain as well as to deter cyberattacks.

(b) Report Required.--

(1) In general.--Not later than March 31, 2019, the Secretary of Defense shall submit to the congressional defense committees a report detailing the Department's efforts to enhance the United States' leadership and collaboration with the North Atlantic Treaty Organization with respect to the development of a comprehensive, cross-domain strategy to build cyber-defense capacity and deter cyber attacks among Organization member countries.

(2) Contents.--The report required by paragraph (1) shall address the following:

(A) Improving cyber situational awareness among Organization member countries.

(B) Implementation of the cyber operational-domain roadmap of the Organization with respect to doctrine, political oversight and governance, planning, rules of engagement, and integration across member countries.

(D) The development of cyber capabilities, including cooperative development efforts and technology transfer.

(E) Supporting stronger cyber partnerships with non-Organization member countries as appropriate.

______

SA 2437. Mr. WICKER (for himself, Mr. Coons, Mr. Hoeven, Ms. Collins, Mr. Rounds, Mrs. Capito, Ms. Heitkamp, Ms. Baldwin, Mr. Young, Ms. Warren, and Ms. Hassan) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. TREATMENT OF SERVICE ON ACTIVE DUTY FOR PREPLANNED

MISSIONS IN SUPPORT OF THE COMBATANT COMMANDS

TOWARD REDUCTION IN AGE FOR ELIGIBILITY FOR

RETIRED PAY FOR NON-REGULAR SERVICE.

Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking ``under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)'' and inserting ``under section 12301(d) or 12304b of this title or a provision of law referred to in section 101(a)(13)(B)''.

______

SA 2438. Mr. WARNER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title IX, insert the following:

SEC. ___. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING

SECURITY CLEARANCES.

(a) In General.--The Council shall take such actions as may be necessary to ensure that, by December 31, 2021, 90 percent of all determinations regarding--

(1) security clearances--

(A) at the secret level are issued in 30 days or fewer; and

(B) at the top secret level are issued in 90 days or fewer; and

(2) reciprocity of a security clearance at the same level are recognized in two weeks or fewer.

(b) Certain Reinvestigations.--The Council shall ensure that by December 31, 2021, reinvestigation on a set periodicity is not be required for more than 10 percent of the population that holds a security clearance.

(c) Plan.--Not later than 180 days after the date of the enactment of this Act, the Council shall submit a plan to carry out this section to the appropriate congressional committees. Such plan shall include recommended interim milestones for the goals set forth in subsections (a) and (b) for 2019, 2020, and 2021.

(d) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the congressional defense committees;

(B) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));

(D) the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives.

(2) Council.--The term ``Council'' means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

(3) Reciprocity.--The term ``reciprocity'' means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.

______

SA 2439. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title IX, insert the following:

SEC. ___. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENT-WIDE

STANDARDS FOR POSITIONS OF TRUST AND SECURITY

CLEARANCES.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Security Executive Agent and the Suitability and Credentialing Executive Agent, in coordination with the other members of the Council, shall jointly submit to the appropriate committees of Congress a report on the advisability and the risks, benefits, and costs to the Government and to industry of consolidating to not more than 3 tiers for positions of trust and security clearances.

(b) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));

(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C) the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Government Reform of the House of Representatives.

(3) Security executive agent.--The term ``Security Executive Agent'' means the Director of National Intelligence acting as the Security Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

(4) Suitability and credentialing executive agent.--The term ``Suitability and Credentialing Executive Agent'' means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note).

______

SA 2440. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title IX, insert the following:

SEC. ___. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR

CLEARANCES.

(a) In General.--As part of the fiscal year 2020 budget request submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the President shall include exhibits that identify the resources allocated by each agency to processing security clearances, disaggregated by type of security clearance.

(b) Contents.--Each exhibit submitted under subsection (a) shall include, with respect to security clearances, details on the costs of--

(1) background investigations and reinvestigations;

(2) additional screening mechanisms, such polygraphs, medical exams, and psychological exams;

(3) adjudications;

(4) other means of continuous vetting, such as continuous evaluation and user activity monitoring; and

(5) the average per person cost for each type of security clearance.

______

SA 2441. Mr. SCHATZ (for himself and Mr. Moran) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2838. AUTHORITY TO ENGAGE IN PROJECTS TO SUPPORT

INSTALLATION ENERGY RESILIENCE AND ENERGY

SECURITY.

(a) In General.--Subchapter I of chapter 173 of title 10, United States Code, is amended by inserting after section 2919 the following new section:

``Sec. 2920. Projects on non-federal property to ensure energy resilience and energy security

``(a) Authority for Projects.--The Secretary of Defense may provide for the construction, improvement, hardening against physical or cyber attack, and maintenance of a utility system supporting a military installation if the Secretary certifies to the congressional defense committees that the construction, improvement, hardening against physical or cyber attack, or maintenance will provide energy resilience or energy security to the installation and is necessary to maintain the readiness of the armed forces.

``(b) Needs Assessment.--If the Secretary determines that an action of the Department of Defense will cause a significant effect on a utility system serving a military installation, the Secretary shall conduct a utility service needs assessment to assess the magnitude of the construction, improvement, hardening against physical or cyber attack, and maintenance required to address the effect.

``(c) Design of Projects.--A project carried out under subsection (a) shall be designed to provide energy resilience or energy security to the military installation and not to other users of the utility system, but may, at no additional expense to the United States, incidentally benefit other users of the utility system.

``(d) Types of Available Agreements.--In carrying out a project under subsection (a), the Secretary may use a contract, a cooperative agreement, or a grant.

``(e) Nature of Projects.--A project carried out under subsection (a)--

``(1) shall not be considered a military construction project as that term is defined in section 2801(a) of this title; and

``(2) shall be treated as the acquisition of enhanced utility service to the military installation.

``(f) Source of Funds.--The Secretary may carry out this section using funds available for operation and maintenance or for military construction.

``(g) Congressional Oversight.--When a decision is made to carry out a project under this section, the Secretary concerned shall submit to the congressional defense committees, in an electronic medium pursuant to section 480 of this title, a report including the justification for the project, the current estimate of the cost of the project, and the source of funds to cover anticipated expenses. A project may not be carried out if a congressional defense committee sends written notification to the Secretary disapproving of a project within 14 days of such report submission.

``(h) Definitions.--In this section:

``(1) Military installation.--The term `military installation' has the meaning given the term in section 2687(g)(1) of this title.

``(2) Utility system.--The term `utility system' means a utility system--

``(A) providing communications, electricity, gas, water, oil, or steam to, or removing waste from, a military installation;

``(B) not located on a military installation; and

``(C) not owned by the United States.''.

(b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2919 the following new item:

``Sec. 2920. Projects on non-federal property to ensure energy resilience and energy security.''.

______

SA 2442. Mr. WARNER (for himself and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL,

STATE AND LOCAL INCOME TAXES INCURRED DURING

TRAVEL, TRANSPORTATION, AND RELOCATION.

(a) In General.--5724b of title 5, United States Code, is amended--

(1) in the section heading by striking ``of employees transferred'';

(2) in subsection (a)--

(A) in the first sentence, by striking ``employee, or by an employee and such employee's spouse (if filing jointly), for any moving or storage'' and inserting ``individual, or by an individual and such individual's spouse (if filing jointly), for any travel, transportation, and relocation''; and

(B) in the second sentence, by striking ``employee'' and inserting ``individual, or the individual''; and

(3) by striking subsection (b) and inserting the following:

``(b) For purposes of this section, the term `travel, transportation, and relocation expenses' means all travel, transportation, and relocation expenses reimbursed or furnished in kind pursuant to subchapter II of this chapter or chapter 41.''.

(b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 5, United States Code, is amended by striking the item relating to section 5724b and inserting the following:

``5724b. Taxes on reimbursements for travel, transportation, and relocation expenses.''.

(c) Retroactive Effective Date.--The amendments made by this section shall take effect as though enacted on January 1, 2018.

______

SA 2443. Ms. CANTWELL submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF FAA

MEMORANDA OF AGREEMENT.

Section 47504(c)(2) of title 49, United States Code, is amended--

(1) in subparagraph (D), by striking ``and'' at the end;

(2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project--

``(i) consists of--

``(I) replacement windows, doors, and the installation of through-the-wall air-conditioning units; or

``(II) acquisition or installation of windows, doors, or other noise mitigation elements to be used in a school reconstruction, if reconstruction is the preferred local solution;

``(ii) is located at a school near the airport; and

``(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.''.

______

SA 2444. Mr. VAN HOLLEN (for himself and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XII, add the following:

Subtitle H--Deterrence of Foreign Interference in United States

Elections

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Defending Elections from Threats by Establishing Redlines Act of 2018''.

SEC. 1282. DEFINITIONS.

In this subtitle:

(1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code.

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Finance, the Select Committee on Intelligence, and the Committee on Rules and Administration of the Senate; and

(B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, the Permanent Select Committee on Intelligence, and the Committee on House Administration of the House of Representatives.

(3) Appropriate congressional committees and leadership.--The term ``appropriate congressional committees and leadership'' means--

(A) the appropriate congressional committees;

(B) the majority leader and minority leader of the Senate; and

(4) Election and campaign infrastructure.--The term

``election and campaign infrastructure'' means information and communications technology and systems used by or on behalf of--

(A) the Federal Government or a State or local government in managing the election process, including voter registration databases, voting machines, voting tabulation equipment, equipment for the secure transmission of election results, and other systems; or

(B) a principal campaign committee or national committee

(as those terms are defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) with respect to strategy or tactics affecting the conduct of a political campaign, including electronic communications, and the information stored on, processed by, or transiting such technology and systems.

(5) Interference in united states elections.--The term

``interference'', with respect to a United States election, means any of the following actions of the government of a foreign country, or any person acting as an agent of or on behalf of such a government, undertaken with the intent to influence the election:

(A) Obtaining unauthorized access to election and campaign infrastructure or related systems or data and releasing such data or modifying such infrastructure, systems, or data.

(B) Blocking or degrading otherwise legitimate and authorized access to election and campaign infrastructure or related systems or data.

(D) Using social, other internet-based, or traditional media to spread significant false or derogatory information to individuals in the United States.

(E) Staging, organizing, coordinating, or promoting rallies, meetings, or events in the United States.

(F) Posing as United States persons and communicating with individuals in the United States.

(6) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(7) Person.--The term ``person'' means individual or entity.

(8) Presidential election cycle.--The term ``presidential election cycle'' means the period beginning on the day after the date of the most recent election for the office of President of the United States and ending on the date of the next election for that office.

(9) United states election.--The term ``United States election'' means any United States Federal election.

(10) United states person.--The term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

PART I--DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES

ELECTIONS

SEC. 1283. DETERMINATION OF FOREIGN INTERFERENCE IN UNITED

STATES ELECTIONS.

(a) In General.--Not later than 30 days after a United States election, the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Security Agency, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of the Treasury, and the Attorney General, shall--

(1) determine whether or not the government of a foreign country, or any person acting as an agent of or on behalf of that government, knowingly engaged in interference in the election; and

(2) submit to the appropriate congressional committees and leadership a report on that determination, including, if the Director determines that interference did occur--

(A) an identification of the government or person that engaged in such interference; and

(B) if the Government of the Russian Federation, or any person acting as an agent of or on behalf of that Government, engaged in such interference, a list of any senior foreign political figures or oligarchs in the Russian Federation identified under section 241(a)(1)(A) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115-44; 131 Stat. 922) who directly or indirectly contributed to such interference.

(b) Additional Reporting.--If the Director of National Intelligence determines and reports under subsection (a) that neither the government of a foreign country nor any person acting as an agent of or on behalf of that government knowingly engaged in interference in a United States election, and the Director subsequently determines that that government, or such a person, did engage in such interference, the Director shall, not later than 30 days after making that determination, submit to the appropriate congressional committees and leadership--

(1) a report on the subsequent determination; and

(2) if Director determines that the Government of the Russian Federation, or any person acting as an agent of or on behalf of that Government, engaged in such interference, a list of any senior foreign political figures or oligarchs in the Russian Federation identified under section 241(a)(1)(A) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115-44; 131 Stat. 922) who directly or indirectly contributed to such interference.

(c) Form of Report.--Each report required by subsection (a) or (b) shall be submitted in unclassified form but may include a classified annex.

PART II--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE

RUSSIAN FEDERATION

SEC. 1284. IMPOSITION OF SANCTIONS.

(a) In General.--If the Director of National Intelligence determines under section 1283 that the Government of the Russian Federation, or any person acting as an agent of or on behalf of that Government, knowingly engaged in interference in a United States election, the President shall, not later than 10 days after such determination is made, impose the following sanctions:

(1) Blocking the assets of certain state-owned russian financial institutions and restricting accounts.--

(A) In general.--The Secretary of the Treasury shall impose one or more of the following sanctions on 3 or more entities specified in subparagraph (B):

(i) Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), blocking and prohibiting all transactions in all property and interests in property of the entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(ii) Prohibiting, or imposing strict conditions on, the opening or maintaining in the United States of a correspondent account or payable-through account by the entity.

(B) Entities specified.--The entities specified in this subparagraph are the following:

(i) Sberbank.

(ii) VTB Bank.

(iii) Gazprombank.

(iv) Vnesheconombank.

(v) Bank of Moscow.

(vi) Rosselkhozbank.

(2) Blocking the assets of certain russian energy companies.--

(A) In general.--The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of 2 or more of the entities specified in subparagraph (B) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Entities specified.--The entities specified in this subparagraph are the following:

(i) Gazprom.

(ii) Rosneft.

(iii) Lukoil.

(3) Blocking the assets of entities in russian defense and intelligence sectors.--

(A) In general.--The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any entity described in subparagraph (B) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Entities described.--An entity described in this subparagraph is--

(i) an entity that the President determines pursuant to section 231 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9525) is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; or

(ii) an entity in which an entity described in clause (i) has an ownership interest of 50 percent or more.

(4) Blocking the assets of certain russian state-owned entities.--

(A) In general.--The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any entity described in subparagraph (B) in which the Government of the Russian Federation has an ownership interest of 25 percent or more if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Entities described.--The entities described in this subparagraph are the following:

(i) Any entity in the railway or metals and mining sector of the economy of the Russian Federation.

(ii) Any aerospace company or air carrier, including any subsidiary of such a company or carrier.

(5) Blocking the assets of entities acquired by russian state-owned entities.--The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any entity in which an entity owned 50 percent or more in the aggregate by the Government of the Russian Federation acquires, on or after the date of the enactment of this Act, an ownership interest of 20 percent or more if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(6) Prohibition on transactions involving certain russian debt.--The Secretary of the Treasury shall, pursuant to such regulations as the Secretary may prescribe, prohibit all transactions within the United States or by a United States person, in--

(A) sovereign debt of the Government of the Russian Federation issued on or after the date of the enactment of this Act, including governmental bonds; and

(B) debt of any entity owned or controlled by the Russian Federation issued on or after such date of enactment, including bonds.

(7) Blocking the assets of senior political figures and oligarchs and exclusion from the united states.--

(A) In general.--The President shall impose with respect to any senior foreign political figure or oligarch in the Russian Federation identified under subsection (a)(2)(B) or

(b)(2) of section 1283 the following sanctions:

(i) Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President shall block and prohibit all transactions in all property and interests in property of the individual if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(ii) The President shall deny a visa to, and exclude from the United States, the individual, and revoke in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) any visa or other documentation of the individual.

(B) Public availability of information.--Information about the denial or revocation of a visa or other documentation under subparagraph (A)(ii) shall be made available to the public.

(b) Report to Congress.--

(1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the committees specified in paragraph (2) a report--

(A) identifying the 6 largest financial institutions owned or controlled by the Government of the Russian Federation, determined by estimated net assets; and

(B) identifying the 3 largest energy companies in the Russian Federation, in terms of estimated net assets.

(2) Committees specified.--The committees specified in this paragraph are--

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(1) Exception for importation of goods.--The requirement to impose sanctions under subsection (a) shall not include the authority to impose sanctions with respect to the importation of goods (as defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))).

(2) Compliance with united nations headquarters agreement.--Subsection (a)(7)(A)(ii) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements.

(d) Implementation; Penalties.--

(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(e) Suspension.--

(1) In general.--The President may suspend sanctions imposed under subsection (a) on or after the date on which the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Security Agency, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of the Treasury, and the Attorney General, submits to the appropriate congressional committees and leadership a certification that the Government of the Russian Federation has not engaged in interference in United States elections for at least one presidential election cycle.

(2) Reimposition.--

(A) Reports required.--Not later than 90 days after a suspension of sanctions under paragraph (1) takes effect, and every 90 days thereafter, the President shall submit to the appropriate congressional committees and leadership a report on whether the Government of the Russian Federation is taking measures to--

(i) improve the oversight of and prosecutions relating to interference in United States elections; and

(ii) credibly demonstrate a significant change in behavior and credibly commit to not engaging in such interference in the future.

(B) Reimposition.--If the President determines under subparagraph (A) that the Government of the Russian Federation is not taking measures described in that subparagraph, the President shall reimpose the sanctions suspended under paragraph (1).

(f) Termination.--The President may terminate sanctions imposed under subsection

(a) on or after the date on which the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Security Agency, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of the Treasury, and the Attorney General, submits to the appropriate congressional committees and leadership a certification that--

(1) the Government of the Russian Federation has not engaged in interference in United States elections for at least 2 presidential election cycles; and

(2) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in such interference in the future.

SEC. 1285. STRATEGY ON COORDINATION WITH EUROPEAN UNION.

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees and leadership a strategy on how the United States will--

(1) work in concert with the European Union and member countries of the European Union to deter interference by the Government of the Russian Federation in elections; and

(2) coordinate with the European Union and member countries of the European Union to enact legislation similar to this title.

PART III--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY OTHER

FOREIGN GOVERNMENTS

SEC. 1286. BRIEFING ON INTERFERENCE IN UNITED STATES

ELECTIONS.

Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President, or a designee of the President, shall brief the appropriate congressional committees and leadership on any government of a foreign country, or person acting as an agent of or on behalf of that government, that is determined by the President to have engaged in or to be likely to engage in interference in a United States election.

SEC. 1287. DETERRENCE STRATEGIES FOR INTERFERENCE IN UNITED

STATES ELECTIONS BY CHINA, IRAN, NORTH KOREA,

AND OTHER FOREIGN GOVERNMENTS OF CONCERN.

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees and leadership a report that includes--

(1) a strategy of the President to deter interference in a United States election by the Government of the People's Republic of China, the Government of Iran, the Government of the Democratic People's Republic of Korea, and any other foreign government determined by the President to have engaged in or to be likely to engage in interference in a United States election, including any person acting as an agent of or on behalf of such a government;

(2) proposed sanctions if that government engages in such interference and any authorities the President may require from Congress to impose such sanctions;

(3) other actions undertaken by Federal agencies or in cooperation with other countries to deter such interference; and

(4) a plan for communicating such deterrence actions to those governments.

______

SA 2445. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 1269, add the following:

(e) Limitation Related to Purchase of S-400 System From Russia.--

(1) Report.--

(A) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report with the following information:

(i) A determination whether the Government of Turkey has made payments towards the purchase of the S-400 system.

(ii) The number of S-400 systems the Government of Turkey expects to purchase.

(iii) The anticipated delivery schedule for the S-400 system.

(iv) The total value of the S-400 systems the Government of Turkey is expected to purchase, and how much of that will be self-financed, financed by loans from Russia, or financed by other sources.

(v) A description of the measures the President has taken to prevent Turkey's purchase of the S-400 system and encourage an alternative system.

(vi) An assessment of how the operation of the S-400 and F-35 aircraft together would impact the security of the F-35 aircraft.

(B) Form.--The report required under this paragraph shall be submitted in unclassified form but may contain a classified annex as necessary.

(2) Limitation.--Notwithstanding any other provision of law, the transfer of F-35s to Turkey shall be subject to section 36 of the Arms Export Control Act (22 U.S.C. 2776) until the President certifies to the appropriate committees of Congress that the Government of Turkey has withdrawn from its agreement to purchase the Russian S-400 system.

(3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--

(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.

______

SA 2446. Mr. KAINE (for himself, Mr. Perdue, and Mrs. Murray) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle F of title V, add the following:

SEC. 577. TRANSITION ASSISTANCE FOR MILITARY SPOUSES.

(a) Transition Assistance.--

(1) In general.--Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784a the following new section:

``Sec. 1784b. Employment assistance, job training assistance, and other transitional assistance for military spouses:

Department of Labor

``(a) In General.--In carrying out the program of assistance and services required by section 1144 of this title, the Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall also maintain a program of counseling, assistance, help, and related information and services for spouses of members of the armed forces covered by that section in order to assist such spouses during the transition of such members to civilian life.

``(b) Elements.--The counseling, assistance, help, and information and services available under the program under this section shall be the following:

``(1) Such counseling, assistance, help, and information and services as are available to members under section 1144 of title and are suitable to assist spouses during the transition of members as described in subsection (a).

``(2) Such other counseling, assistance, help, and information and services to assist spouses during such transition as the Secretaries consider appropriate for purposes of the program.

``(c) Participation.--A spouse is eligible to participate in the program under this section during any period in which the spouse's member is eligible to participate in the program of assistance and services required by section 1144 of this title.

``(d) Use of Personnel and Organizations.--In carrying out the program under this section, the Secretaries may use any of the authorities, personnel, organizations, and other resources available for the program of assistance and services required by section 1144 of this title that the Secretaries consider appropriate for the effective operation of the program under this section.''.

(2) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1784a the following new item:

``1784b. Employment assistance, job training assistance, and other transitional assistance for military spouses: Department of Labor.''.

(b) Effective Date and Commencement of Program.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. The Secretary of Labor shall commence the program required by section 1784b of title 10, United States Code (as added by such amendments), by such date, not later than one year after the date of the enactment of this Act, as the Secretary considers practicable.

______

SA 2447. Mr. CARDIN (for himself, Mr. Enzi, and Mrs. Fischer) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS OF

THE DEPARTMENT OF DEFENSE.

Section 2307(a) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2) by striking ``The head of any agency may--'' and inserting ``(1) The head of any agency may''; and

(3) by adding at the end the following new paragraph:

``(2)(A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract.

``(B) For a prime contractor that subcontracts with a small business concern, the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if--

``(i) a specific payment date is not established by contract; and

``(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.

``(C) For a prime contractor that subcontracts with a small business concern, the Secretary of Defense may, to the fullest extent permitted by law, establish incentives to promote the accelerated payments to the subcontractor in accordance with the accelerated payment date.''.

______

SA 2448. Mr. JONES submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In the funding table in section 4101, in the item relating to Littoral Combat Ship, increase the amount in the Senate authorized column by $950,000,000.

In the funding table in section 4101, in the item relating to Total Shipbuilding and Conversion, Navy, increase the amount in the Senate authorized column by $950,000,000.

In the funding table in section 4101, in the item relating to Total Procurement, increase the amount in the Senate authorized column by $950,000,000.

______

SA 2449. Mr. JONES submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. STUDY ON USE OF ACADEMIC PARTNERSHIPS IN NURSING

WORKFORCE DEVELOPMENT BY DEPARTMENT OF DEFENSE

AND DEPARTMENT OF VETERANS AFFAIRS.

(a) In General.--The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, may conduct a study on improving the use of academic partnerships in nursing workforce development by the Department of Defense and the Department of Veterans Affairs.

(b) Elements.--The study conducted under subsection (a) shall include the following:

(1) An assessment and identification of best practices for training of nurses and patient care by nurses.

(2) An assessment of the impact of academic affiliations and partnerships in nursing education and nursing workforce development on the quality of care received by active duty members of the Armed Forces and veterans with respect to their special health care needs.

______

SA 2450. Mr. JONES submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. STUDY ON TRAUMATIC INJURY PROTECTION UNDER

SERVICEMEMBERS' GROUP LIFE INSURANCE.

(a) In General.--The Secretary of Veterans Affairs may conduct a study on best practices in the administration of insurance relating to traumatic injuries under section 1980A of title 38, United States Code.

(b) Elements.--If the Secretary conducts the study authorized under paragraph (1), the Secretary shall, in carrying out the study--

(1) consider the feasibility of allowing members of the Armed Forces to elect to pay more per month to receive more long-term financial support for their families in the event of a traumatic injury; and

(2) assess the feasibility and advisability of modifying the existing insurance coverage under section 1980A of such title to align more closely with the payout metrics offered in the civilian world.

______

SA 2451. Mr. JONES submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. MENTORSHIP AND MATCHMAKING PROGRAMS TO SUPPORT

MEMBERS OF THE ARMED FORCES AND VETERANS WHO

ARE ENTREPRENEURS.

(a) Findings.--Congress makes the following findings:

(1) Programs of loans for veterans administered by the Small Business Administration and other Federally administered resources that help members of the Armed Forces and veterans to become entrepreneurs can go underutilized.

(2) The Small Business Administration offers mentoring programs for veterans and the Administration can offer mentoring programs for veterans and members of the Armed Forces transitioning to civilian life.

(3) Helping members of the Armed Forces identify existing and conceivable business opportunities in their industry of interest or geographic location can be achieved through a process of integrating information about business leads sources like local chambers of commerce with data about service members interested in starting businesses provided to the Small Business Administration by the Department of Defense and Veterans Affairs.

(4) Enhancing the opportunity for success of members of the Armed Forces and veterans as entrepreneurs can be an important tool for economic development, especially in rural areas of the United States.

(b) Sense of Congress.--It is the sense of Congress that--

(1) it is important to establish a mentoring and matchmaking program to help members of the Armed Forces transition to civilian life;

(2) Small Business Development Centers of the Small Business Administration should help provide matchmaking services for members of the Armed Forces to help them identify existing and conceivable business opportunities in their industry of interest or geographic location; and

(3) a special emphasis should be made to assist members of the Armed Forces in rural areas of the United States.

(1) In general.--The Secretary of Veterans Affairs shall, in partnership with the Administrator of the Small Business Administration and the Secretary of Defense, establish a program consisting of--

(A) providing mentors to covered individuals to assist them in pursuing goals relating to starting a business; and

(B) assistance in matching covered individuals with business opportunities relating to starting a business.

(2) Covered individuals.--For purposes of the program required by paragraph (1), a covered individual is--

(A) a member of the Armed Forces who is transitioning to civilian life, a veteran, or a member of the family of such a member of the Armed Forces or veteran; and

(B) considering applying for a loan from the Small Business Administration to start a business.

______

SA 2452. Mr. JONES (for himself and Mr. Coons) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 558. CONSTRUCTION AND REHABILITATION OF FACILITIES FOR

SENIOR RESERVE OFFICERS' TRAINING CORPS

PROGRAMS AT HISTORICALLY BLACK COLLEGES AND

UNIVERSITIES AND MINORITY-SERVING INSTITUTION.

(a) Findings.--Congress makes the following findings:

(1) Historically black colleges and universities (HBCUs) and minority-serving institutions play a vital role in educating low-income and underrepresented students in areas of national need.

(2) Historically black colleges and universities and minority-serving institutions presently contribute to the defense readiness and national security of the nation by administering Reserve Officers' Training Corps (ROTC) programs that prepare students to lead our Armed Forces.

(3) Racial and ethnic minority groups made up 40 percent of all active-duty members of the Armed Forces in 2015, up from 25 percent in 1990. Minorities make up a significant and crucial number of the enlisted members in all four of the Armed Forces and also make up an increasingly important number of the officer corps, and yet the officer corps does not yet fully reflect the diversity of the nation. While 12 percent of the nation is African American, only 8 percent of active-duty officers were African American in the most recent report on minority officers in 2011. Similarly, Hispanic Americans make up 15 percent of the population and only 5 percent of the officer corps. And yet a higher number of the enlisted members of the Armed Forces are minorities.

(4) Providing a facility for Reserve Officers' Training Corps programs is one of the many financial challenges to increasing access to the officer track in minority settings. Considering the financial strains that face the historically black colleges and universities today, financial strains that are often even greater than those confronting all of the nation's colleges and universities in time with increasing State budget cuts, it is important to provide additional support to Reserve Officers' Training Corps programs at historically black colleges and universities across the country by authorizing the military departments to provide for the construction or rehabilitation of Reserve Officers' Training Corps program facilities at historically black colleges and universities and minority-serving institution campuses.

(b) Construction and Rehabilitation Authorized.--

(1) In general.--The Secretaries of the military departments may provide for the construction and rehabilitation of facilities for Senior Reserve Officers' Training Corps programs at historically black colleges and universities and minority-serving institutions that host such programs.

(2) Special consideration.--In determining whether to construct or rehabilitate facilities of historically black colleges and universities and minority-serving institutions using the authority in paragraph (1), the Secretary of a military department shall afford special consideration to the following:

(A) Colleges and universities, and institutions, located in States in which reside a high number of enlisted members of the Armed Forces who are members of a minority group.

(B) Colleges and universities, and institutions, with a high number of Reserve Officers' Training Corps program participants who are members of a minority group.

(3) Limitation.--The total number of facilities that may be constructed or rehabilitated using the authority in paragraph

(1) in any fiscal year may not exceed five facilities.

(c) Minority-serving Institution Defined.--In this section, the term ``minority-serving institution'' means a minority-serving institution for purposes of section 371 of the Higher Education Act (20 U.S.C. 1067q).

(d) Authorization of Appropriations.--There is hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense, $20,000,000 for the construction and rehabilitation of facilities in that fiscal year as authorized by subsection (b).

______

SA 2453. Mr. JONES (for himself, Mr. Coons, and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. PROMOTING FEDERAL PROCUREMENT WITH HISTORICALLY

BLACK COLLEGES AND UNIVERSITIES AND MINORITY-

SERVING INSTITUTIONS.

(a) In General.--The head of an executive agency, or a contracting officer where applicable, shall--

(1) assist historically Black colleges and universities and minority-serving institutions to develop viable, self-sustaining businesses capable of competing on an equal basis in the mainstream of the United States economy; and

(2) promote Federal procurement with historically Black colleges and universities and minority-serving institutions by establishing--

(A) participation goals of not less than 10 percent for historically Black colleges and universities and minority-serving institutions;

(B) requirements that prime contractors and other recipients of Federal funds attain similar participation goals in their procurement; and

(C) other mechanisms that ensure historically Black colleges and universities and minority-serving institutions have a fair opportunity to participate in Federal procurement.

(b) Definitions.--In this section:

(1) The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

(2) The term ``historically Black college and university'' has the meaning given the term in section 631 of the Higher Education Act of 1965 (20 U.S.C. 1132).

(3) The term ``minority-serving institution'' means an institution described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).

______

SA 2454. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT

MEADE, MARYLAND.

(a) Movement or Consolidation of Joint Spectrum Center to Fort Meade, Maryland.--The Secretary of Defense shall take appropriate actions, as soon as practicable after the date of enactment of this Act, to move, consolidate, or both, the offices of the Joint Spectrum Center to the Defense Information Systems Agency headquarters building at Fort Meade, Maryland, for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense.

(b) Authorization.--Any facility, road, or infrastructure constructed or altered on a military installation as a result of this section is deemed to be authorized in accordance with section 2802 of title 10, United States Code.

(c) Termination of Existing Lease.--Upon completion of the relocation of the Joint Spectrum Center, all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center shall be terminated.

(d) Repeal of Obsolete Authority.--Section 2887 of the Military Construction Authorization Act for Fiscal Year

(Public Law 110-181; 122 Stat. 569) is hereby repealed.

______

SA 2455. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IX, add the following:

SEC. 910. DUTIES AND RESPONSIBILITIES OF THE DEPUTY ASSISTANT

SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND

EVALUATION.

(a) Principal Advisor on Development Test and Evaluation.--

(1) In general.--The Deputy Assistant Secretary for Developmental Test and Evaluation shall be the principal advisor to the Secretary of Defense, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Director of Operational Test and Evaluation on developmental test and evaluation in the Department of Defense.

(2) Supervision.--The Deputy Assistant Secretary shall be subject to the supervision of the Under Secretary of Defense for Research and Engineering, without the interposition of any other supervising official. The Deputy Assistant Secretary may communicate views on matters within the responsibility of the Deputy Assistant Secretary directly to the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Director of Operational Test and Evaluation without obtaining the approval or concurrence of any other official within the Department.

(b) Duties.--As principal advisor to the Under Secretary of Defense for Research and Engineering on developmental test and evaluation, the Deputy Assistant Secretary shall--

(1) develop policies and guidance for--

(A) the conduct of developmental test and evaluation in the military departments and other elements of the Department of Defense (including integration and developmental testing of software);

(B) in coordination with the Director of Operational Test and Evaluation--

(i) the integration of developmental test and evaluation with operational test and evaluation; and

(ii) the synchronization of developmental test and evaluation with operational test and evaluation;

(C) the conduct of developmental test and evaluation conducted jointly by more than one military department or Defense Agency;

(D) the review and approval of the developmental test and evaluation plan within the test and evaluation master plan for each major defense acquisition program of the Department under oversight by the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Director of Operational Test and Evaluation; and

(E) the conduct of developmental test and evaluation for major defense acquisition programs of the Department that are under oversight by the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, or the Director of Operational Test and Evaluation;

(2) monitor and review the developmental test and evaluation activities of the major defense acquisition programs of the Department for the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Director of Operational Test and Evaluation;

(3) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for developmental test and evaluation;

(4) provide input to the Director of Operational Test and Evaluation regarding needed changes or improvements for the test and evaluation strategic plan developed in accordance with section 196(d) of title 10, United States Code;

(5) in consultation with other appropriate officials, assess the technological maturity and integration risk of critical technologies at key stages in the acquisitions process; and

(6) perform such other activities relating to the developmental test and evaluation activities of the Department as the Under Secretary of Defense for Research and Engineering may prescribe.

(c) Concurrent Service as Director of Department of Defense Test Resource Management Center.--The individual serving as the Deputy Assistant Secretary may also serve concurrently as the Director of the Department of Defense Test Resource Management Center under section 196 of title 10, United States Code.

(d) Access to Records.--The Secretary of Defense shall ensure that the Deputy Assistant Secretary has access to all records and data of the Department of Defense (including the records and data of each military department and including classified and proprietary information, as appropriate) that are necessary in order to carry out the duties of the Deputy Assistant Secretary.

(e) Other Resources.--

(1) Funding.--The budget of the President for each fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall include a separate statement of proposed appropriations and estimated expenditures for such fiscal year for the activities of the Deputy Assistant Secretary in carrying out the duties and responsibilities of the Deputy Assistant Secretary under this section.

(2) Other resources.--The Under Secretary of Defense for Research and Engineering shall ensure that the Deputy Assistant Secretary has sufficient professional staff, including civilian and military staff, to carry out the duties and responsibilities of the Deputy Assistant Secretary prescribed by law.

______

SA 2456. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. __. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION

ENHANCEMENT ACT OF 2018.

(a) Short Title.--This section may be cited as the ``United States-Israel Cybersecurity Cooperation Enhancement Act of 2018''.

(b) United States-Israel Cybersecurity Cooperation.--

(1) Grant program.--

(A) Establishment.--The Secretary, in accordance with the agreement entitled the ``Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters'', done at Jerusalem May 29, 2008

(or successor agreement), and the requirements specified in subparagraph (B), shall establish a grant program at the Department to support--

(i) cybersecurity research and development; and

(ii) demonstration and commercialization of cybersecurity technology.

(B) Requirements.--

(i) Applicability.--Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph.

(ii) Research and development.--

(I) In general.--Except as provided in subclause (II), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described in clause (i) to be provided by a non-Federal source.

(II) Reduction.--The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in subclause (I) if the Secretary determines that such reduction or elimination is necessary and appropriate.

(iii) Merit review.--In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department.

(iv) Review processes.--In carrying out a review under clause (iii), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 (6 U.S.C. 182(14)).

(C) Eligible applicants.--An applicant shall be eligible to receive a grant under this paragraph if the project of such applicant--

(i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and

(ii) is a joint venture between--

(I)(aa) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and

(bb) a for-profit business entity, academic institution, or nonprofit entity in Israel; or

(II)(aa) the Federal Government; and

(bb) the Government of Israel.

(D) Applications.--To be eligible to receive a grant under this paragraph, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under subparagraph (E).

(E) Advisory board.--

(i) Establishment.--The Secretary shall establish an advisory board to--

(I) monitor the method by which grants are awarded under this paragraph; and

(II) provide to the Secretary periodic performance reviews of actions taken to carry out this paragraph.

(ii) Composition.--The advisory board established under clause (i) shall be composed of 3 members, to be appointed by the Secretary, of whom--

(I) one shall be a representative of the Federal Government;

(II) one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and

(III) one shall be selected from a list of nominees provided by the Israel-United States Binational Industrial Research and Development Foundation.

(F) Contributed funds.--Notwithstanding any other provision of law, the Secretary may accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this paragraph. Such funds shall be available, subject to appropriation, without fiscal year limitation.

(G) Report.--Not later than 180 days after the date of completion of a project for which a grant is provided under this paragraph, the grant recipient shall submit to the Secretary a report that contains--

(i) a description of how the grant funds were used by the recipient; and

(ii) an evaluation of the level of success of each project funded by the grant.

(H) Classification.--Grants shall be awarded under this paragraph only for projects that are considered to be unclassified by both the United States and Israel.

(2) Termination.--The grant program and the advisory board established under this section shall terminate on the date that is 7 years after the date of the enactment of this Act.

(3) No additional funds authorized.--No additional funds are authorized to be appropriated to carry out the requirements of this subsection. Such requirements shall be carried out using amounts otherwise appropriated.

(4) Definitions.--In this subsection--

(A) the term ``cybersecurity research'' means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats;

(B) the term ``cybersecurity technology'' means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats;

(C) the term ``cybersecurity threat'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);

(D) the term ``Department'' means the Department of Homeland Security; and

(E) the term ``Secretary'' means the Secretary of Homeland Security.

______

SA 2457. Mr. WHITEHOUSE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1052. REPORT ON CAPABILITIES OF THE COAST GUARD TO

CONDUCT MARITIME LAW ENFORCEMENT ACTIVITIES ON

THE HIGH SEAS AND IN SUPPORT OF INTERNATIONAL

PARTNERS.

(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the appropriate committees of Congress a report setting forth an assessment of the capabilities of the Coast Guard to conduct maritime law enforcement activities on the high seas and in support of international partners.

(b) Elements.--The report required by subsection (a) shall include the following:

(1) A description and assessment of the current capabilities, capacity, and legal authority of the Coast Guard to conduct maritime law enforcement activities described in subsection (a), including, in particular, efforts to combat activities as follows:

(A) Human trafficking.

(B) Forced labor.

(D) Other illicit activity at sea.

(2) A description and assessment of the technical coordination between the Coast Guard, on the one hand, and the Navy, partner nations, and non-governmental organizations, on the other hand, to improve tracking and detection of vessels engaged in activities described in paragraph (1).

(3) A description of the requirements of the Coast Guard for support in maritime law enforcement activities described in subsection (a) from the Navy (whether direct support or support through the processes of the geographic combatant commands and the Global Force Management process) and partner nations, including materiel, personnel, logistic, and administrative requirements, including any such requirements that are currently unmet.

(4) A description and assessment of any constraints on the ability of the Coast Guard to conduct maritime law enforcement activities described in subsection (a), including lack of legal authority or limitations on legal authority.

(5) Recommendations for legislative action to mitigate constraints described pursuant to paragraph (4).

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

______

SA 2458. Mr. WHITEHOUSE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

(a) In General.--Chapter 2 of title 18, United States Code, is amended--

(1) in section 31--

(A) in subsection (a)--

(i) by redesignating paragraph (10) as paragraph (11); and

(ii) by inserting after paragraph (9) the following:

``(10) Unmanned aircraft.--The term `unmanned aircraft' has the meaning given that term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).''; and

(B) in subsection (b), by inserting `` `airport','' before

`` `appliance',''; and

(2) by inserting after section 39A the following:

``Sec. 39B. Unsafe operation of unmanned aircraft

``(a) Offense.--It shall be unlawful to operate an unmanned aircraft and, in so doing, knowingly or recklessly interfering with, or disrupting the operation of, an aircraft or other airborne vehicle carrying 1 or more occupants operating in the special aircraft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants.

``(b) Penalty.--

``(1) In general.--Except as provided in paragraph (2), a person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.

``(2) Serious bodily injury or death.--Any person who attempts to cause, or knowingly or recklessly causes, serious bodily injury or death while violating subsection (a) shall be fined under this title, imprisoned for any term of years or for life, or both.

``(c) Operation of Unmanned Aircraft in Close Proximity to Airports.--

``(1) In general.--The operation of an unmanned aircraft, including an operation covered by section 336 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note), within a runway exclusion zone shall be considered a violation of subsection (a) unless--

``(A) the operator of the unmanned aircraft received prior authorization for the operation from the air traffic control tower at the airport; or

``(B) the operation is the result of a circumstance, such as a malfunction, that could not have been reasonably foreseen or prevented by the operator.

``(2) Runway exclusion zone defined.--In this subsection, the term `runway exclusion zone' means a rectangular area--

``(A) centered on the centerline of a runway of an airport; and

``(B) the length of which extends parallel to the runway's centerline to points that are 1 statute mile from each end of the runway and the width of which is \1/2\ statute mile.''.

(b) Clerical Amendment.--The table of sections for chapter 2 of title 18, United States Code, is amended by inserting after the item relating to section 39A the following:

``39B. Unsafe operation of unmanned aircraft.''.

______

SA 2459. Mr. WHITEHOUSE (for himself, Mr. Grassley, and Mr. Cassidy) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1086. BENEFICIAL OWNERSHIP INFORMATION.

(a) Findings.--Congress finds the following:

(1) Nearly 2,000,000 corporations and limited liability companies are being formed under the laws of the States each year.

(2) Very few States obtain meaningful information about the beneficial owners of the corporations and limited liability companies formed under their laws.

(3) A person forming a corporation or limited liability company within the United States typically provides less information to the State of incorporation than is needed to obtain a bank account or driver's license and typically does not name a single beneficial owner.

(4) Terrorists and other criminals have exploited the weaknesses in State formation procedures to conceal their identities when forming corporations or limited liability companies in the United States, and have then used the newly created entities to support terrorist organizations, drug trafficking organizations, and international organized crime groups, as well as commit misconduct affecting interstate and international commerce such as trafficking in illicit drugs, illegal arms trafficking, sex trafficking, money laundering, tax evasion, health care fraud, Internet-based fraud, securities fraud, financial fraud, intellectual property crimes, and acts of corruption.

(5) Among those who have abused State incorporation procedures is Victor Bout, a Russian arms dealer who used at least 12 companies incorporated in Texas, Florida, and Delaware to carry out his activities, and has been convicted, in part, for conspiring to sell weapons to a terrorist organization trying to kill citizens of the United States and Federal officers and employees. In addition, Iranian interests used a shell company formed in New York to purchase a 36-story building on Fifth Avenue in Manhattan and forwarded millions of dollars in rent each year to Iran until authorities in the United States learned of the transfers and seized the building.

(6) Law enforcement efforts to investigate corporations and limited liability companies suspected of wrongdoing have been impeded by the lack of available beneficial ownership information, as documented in reports and testimony by officials from the Department of Justice, the Department of Homeland Security, the Financial Crimes Enforcement Network of the Department of the Treasury, the Internal Revenue Service, the Government Accountability Office, and others.

(7) In December 2016, a leading international anti-money laundering and anti-terrorist financing organization, the Financial Action Task Force on Money Laundering (in this subsection referred to as ``FATF''), of which the United States is a member, issued a report that criticized the United States for failing to comply with a FATF standard on the need to collect beneficial ownership information. The report called the United States framework in this area

``seriously deficient'' and urged the United States to correct this deficiency.

(8) In response to the FATF report and to strengthen measures to protect homeland security, Federal officials have repeatedly urged the States to improve their formation practices by obtaining beneficial ownership information for the corporations and limited liability companies formed under the laws of such States. But the States continue to form millions of corporations with hidden owners.

(9) Many States have established automated procedures that allow a person to form a new corporation or limited liability company within the State within 24 hours of filing an online application, without any prior review of the application by a State official.

(10) Dozens of Internet websites highlight the anonymity of beneficial owners allowed under the formation practices of some States, point to those practices as a reason to incorporate in those States, and list those States together with offshore jurisdictions as preferred locations for the formation of new corporations, essentially inviting terrorists and other wrongdoers to form entities within the United States.

(11) In contrast to practices in the United States, countries around the world are working to collect beneficial ownership information. The United Kingdom now collects beneficial ownership information for all companies formed under its laws and makes the information available to the public. All 28 countries in the European Union are required to create, maintain, and update registries of the beneficial ownership information of the corporations formed under the laws of those countries. The information must be freely available to law enforcement agencies, financial institutions, and third parties that can demonstrate a legitimate interest in the information. Afghanistan, Ghana, Kenya, Nigeria, South Africa, the Ukraine, and many other countries are in the process of establishing mechanisms to collect beneficial ownership information for the companies created under their laws.

(12) To reduce the vulnerability of the United States to wrongdoing by United States corporations and limited liability companies with hidden owners, protect interstate and international commerce from terrorists and other criminals misusing United States corporations and limited liability companies, strengthen law enforcement investigations of suspect corporations and limited liability companies, set minimum standards for and level the playing field among State formation practices, and bring the United States into compliance with international anti-money laundering and anti-terrorist financing standards, Federal legislation is needed to require the States to obtain beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.

(b) Transparent Incorporation Practices.--

(1) Transparent incorporation practices.--Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended by adding at the end the following:

``Subpart 4--Transparent Incorporation Practices

``SEC. 531. TRANSPARENT INCORPORATION PRACTICES.

``(a) Incorporation Systems.--

``(1) In general.--To protect the United States from the misuse affecting interstate or foreign commerce of corporations and limited liability companies with hidden owners, each State that receives funding under subpart 1 shall, not later than 3 years after the date of enactment of this subpart, use an incorporation system that meets the following requirements:

``(A) Identification of beneficial owners.--Except as provided in paragraph (3), each applicant to form a corporation or limited liability company under the laws of the State is required to provide to the State during the formation process information on the beneficial owners of the corporation or limited liability company that includes--

``(i) identifies each beneficial owner by name, current residential or business street address, and a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State;

``(ii) if any beneficial owner exercises control over the corporation or limited liability company through another legal entity, such as a corporation, partnership, or trust, identifies each such legal entity and each such beneficial owner who will use that entity to exercise control over the corporation or limited liability company; and

``(iii) if the applicant is not a beneficial owner, provides the identification information described in clause

(i) relating to the applicant.

``(B) Updated information.--For each corporation or limited liability company formed under the laws of the State--

``(i) the corporation or limited liability company is required by the State to submit to the State an updated list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner not later than 60 days after the date of any change in the beneficial owners of the corporation or limited liability company;

``(ii) in the case of a corporation or limited liability company formed or acquired by a formation agent and retained by the formation agent as a beneficial owner for transfer to another person, the formation agent is required by the State to submit to the State an updated list of the beneficial owners and the information described in subparagraph (A) for each such beneficial owner not later than 10 days after the date on which the formation agent transfers the corporation or limited liability company to another person; and

``(iii) the corporation or limited liability company is required by the State to submit to the State an annual filing containing the list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner.

``(C) Retention of information.--Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State is required to be maintained by the State until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State.

``(D) Information requests.--Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State shall be provided by the State not later than 30 days after receipt of--

``(i) a civil, criminal, or administrative subpoena or a summons, or an equivalent of such a subpoena or summons, from a local, State, or Federal agency or a congressional committee or subcommittee;

``(ii) a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or an order under section 3512 of title 18, United States Code, or section 1782 of title 28, United States Code, issued in response to a request for assistance from a foreign country;

``(iii) a written request made by the Financial Crimes Enforcement Network of the Department of the Treasury; or

``(iv) a written request made by a financial institution, with the consent of the customer, for purposes of compliance by the financial institution with customer due diligence requirements under subsections (a)(2) and (h)(2) of section 5318 of title 31, United States Code, which the requesting financial institution shall maintain and safeguard in accordance with all applicable Federal and State laws related to bank records, and destroy upon satisfaction of those due diligence requirements, consistent with all applicable Federal and State laws related to bank records.

``(E) No bearer share corporations.--A corporation or limited liability company formed under the laws of the State may not issue a certificate in bearer form evidencing either a whole or fractional interest in the corporation or limited liability company.

``(2) Certain beneficial owners.--If an applicant to form a corporation or limited liability company or a beneficial owner, officer, director, or similar agent of a corporation or limited liability company who is required to provide identification information under this section does not have a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State, each application described in paragraph (1)(A) and each update described in paragraph (1)(B) shall include a certification by a formation agent residing in the State that the formation agent--

``(A) has obtained for each such person a current residential or business street address and a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person;

``(B) has verified the name, address, and identity of each such person;

``(C) will provide the information described in subparagraph (A) and the proof of verification described in subparagraph (B) upon request under the same circumstances as required for States under paragraph (1)(D); and

``(D) will retain the information and proof of verification under this paragraph in the State in which the corporation or limited liability company is being or has been formed until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State.

``(3) Exempt entities.--

``(A) In general.--An incorporation system described in paragraph (1) shall require that an application for an entity described in clause (i) or (ii) of subsection (d)(2)(B) that is proposed to be formed under the laws of a State and that will be exempt from the beneficial ownership disclosure requirements under this section shall include in the application a certification by the applicant, or a prospective officer, director, or similar agent of the entity--

``(i) identifying the specific provision of subsection

(d)(2)(B) under which the entity proposed to be formed would be exempt from the beneficial ownership disclosure requirements under paragraphs (1) and (2);

``(ii) stating that the entity proposed to be formed meets the requirements for an entity described under such provision of subsection (d)(2)(B); and

``(iii) providing identification information for the applicant or prospective officer, director, or similar agent making the certification in the same manner as provided under paragraph (1).

``(B) Existing entities.--On and after the date that is 2 years after the date on which a State begins requiring beneficial ownership information in compliance with this section, an entity formed under the laws of the State before such effective date shall be considered to be a corporation or limited liability company for purposes of this subsection unless an officer, director, or similar agent of the entity submits to the State a certification--

``(i) identifying the specific provision of subsection

(d)(2)(B) under which the entity is exempt from the requirements under paragraphs (1) and (2);

``(ii) stating that the entity meets the requirements for an entity described under such provision of subsection

(d)(2)(B); and

``(iii) providing identification information for the officer, director, or similar agent making the certification in the same manner as provided under paragraph (1).

``(C) Exempt entities with an ownership interest.--As part of the beneficial ownership information required under subsection (a)(1), neither an applicant seeking to form a corporation or limited liability company nor a corporation or limited liability company providing updated information is required to identify the beneficial owners of any entity that qualifies as an exempt entity under subsection (d)(2)(B).

``(b) Penalties.--

``(1) In general.--It shall be unlawful for any person to affect interstate or foreign commerce by failing to comply with this subpart by--

``(A) knowingly providing, or attempting to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph, to a State or formation agent;

``(B) willfully failing to provide complete or updated beneficial ownership information to a State or formation agent;

``(C) knowingly disclosing the existence of a subpoena or summons (or the equivalent of a subpoena or summons) or a request for beneficial ownership information described in subsection (a)(1)(D), except--

``(i) to the extent necessary to fulfill the authorized request; or

``(ii) as authorized by the entity that issued the request described in subsection (a)(1)(D); or

``(D) in the case of a formation agent, knowingly failing to obtain or maintain credible, legible, and updated beneficial ownership information, including any required identifying photograph.

``(2) Civil and criminal penalties.--In addition to any civil or criminal penalty that may be imposed by a State, any person who violates paragraph (1)--

``(A) shall be liable to the United States for a civil penalty of not more than $1,000,000; and

``(B) may be fined under title 18, United States Code, imprisoned for not more than 3 years, or both.

``(c) Rules.--

``(1) In general.--To carry out this subpart, the Attorney General of the United States, the Secretary of Homeland Security, and the Secretary of the Treasury may issue joint guidance or a joint rule to specify how to verify beneficial ownership or other identification information provided under this section, including under subsection (a)(2).

``(2) Limitation.--Any guidance or rule issued under paragraph (1)--

``(A) may explain and clarify the definition of the term

`beneficial owner'; but

``(B) may not amend or alter the definition of the term

`beneficial owner' through changes to the definition directly or through the manner of implementation.

``(3) No guidance.--A failure to issue guidance or a rule under paragraph (1) shall not delay the effective date of the requirements under this subpart.

``(d) Definitions.--For the purposes of this section:

``(1) Beneficial owner.--

``(A) In general.--Except as provided in subparagraph (B), the term `beneficial owner' means each natural person who, directly or indirectly--

``(i) exercises substantial control over a corporation or limited liability company through ownership interests, voting rights, agreement, or otherwise; or

``(ii) has a substantial interest in or receives substantial economic benefits from the assets of a corporation or the assets of a limited liability company.

``(B) Exceptions.--The term `beneficial owner' shall not include--

``(i) a minor child;

``(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

``(iii) a person acting solely as an employee of a corporation or limited liability company and whose control over or economic benefits from the corporation or limited liability company derives solely from the employment status of the person; or

``(iv) a creditor of a corporation or limited liability company, unless the creditor also meets the requirements of subparagraph (A).

``(C) Anti-abuse rule.--The exceptions under subparagraph

(B) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of subparagraph (A) or subsection (a).

``(2) Corporation; limited liability company.--

``(A) In general.--Subject to subparagraph (B), the terms

`corporation' and `limited liability company'--

``(i) have the meanings given such terms under the laws of the applicable State; and

``(ii) include any non-United States entity eligible for registration or registered to do business as a corporation or limited liability company under the laws of the applicable State.

``(B) Exempt entities.--Subject to subsection (a)(3), the terms `corporation' and `limited liability company' do not include an entity that--

``(i) is--

``(I) a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d));

``(II) a business concern constituted or sponsored by a State, a political subdivision of a State, under an interstate compact between two or more States, by a department or agency of the United States, under the laws of the United States, or by an international organization of which the United States is a member;

``(III) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813));

``(IV) a credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752));

``(V) a bank holding company (as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841));

``(VI) a broker or dealer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o);

``(VII) an exchange or clearing agency (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 6 or 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q-1);

``(VIII) an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-3)) or an investment advisor (as defined in section 202(11) of the Investment Advisors Act of 1940 (15 U.S.C. 80b-2(11))), if the company or adviser is registered with the Securities and Exchange Commission, or has filed an application for registration which has not been denied, under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or the Investment Advisor Act of 1940 (15 U.S.C. 80b-1 et seq.);

``(IX) an insurance company (as defined in section 2 of the Investment Company Act of 1940 (15 U.S.C. 80a-2)) which is formed under the laws of and regulated by a State;

``(X) a registered entity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)), or a futures commission merchant, introducing broker, commodity pool operator, or commodity trading advisor (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) that is registered with the Commodity Futures Trading Commission;

``(XI) a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act (15 U.S.C. 7212);

``(XII) a public utility that provides telecommunications service, electrical power, natural gas, or water and sewer services within the United States;

``(XIII) a religious institution or nonprofit entity that is described in section 501(c)(3) or 527 of the Internal Revenue Code of 1986;

``(XIV) any business concern that--

``(aa) employs more than 20 employees on a full-time basis in the United States;

``(bb) files income tax returns in the United States demonstrating more than $5,000,000 in gross receipts or sales;

``(cc) has an operating presence at a physical location within the United States; and

``(dd) has more than 100 shareholders; or

``(XV) any corporation or limited liability company which is owned, in whole or in substantial part, by an entity described in subclause (I), (II), (III), (IV), (V), (VI),

(VII), (VIII), (IX), (X), (XI), (XII), (XIII), or (XIV); or

``(ii) is within any class of business concerns which the Attorney General of the United States, the Secretary of Homeland Security, and the Secretary of the Treasury jointly determine in writing, upon the request of a State, and through an order, guidance, or rule should be exempt from the requirements of subsection (a), because requiring beneficial ownership information from the business concern would not serve the public interest and would not assist law enforcement efforts to detect, prevent, or punish criminal or civil misconduct.

``(3) Formation agent.--The term `formation agent' means a person who, for compensation, acts on behalf of another person to form, or assist in the formation, of a corporation or limited liability company under the laws of a State.''.

(2) Funding authorization.--

(A) In general.--To carry out section 531 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section, and to protect the United States against the misuse affecting interstate or foreign commerce of corporations or limited liability companies with hidden owners, during the 3-year period beginning on the date of enactment of this Act, funds shall be made available to each State (as that term is defined under section 901(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)(2))), to pay reasonable costs to comply with the requirements of such section 531 from one or more of the following sources:

(i) Upon written request by a State, and without further appropriation, the Attorney General of the United States shall make available or transfer to the State funds from excess unobligated balances (as defined in section 524(c)(8)(D) of title 28, United States Code) in the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code.

(ii) Upon written request by a State, after consultation with the Attorney General of the United States, and without further appropriation, the Secretary of the Treasury shall make available or transfer to the State funds from unobligated balances described in section 9705(g)(4)(B) of title 31, United States Code, in the Department of the Treasury Forfeiture Fund.

(B) Eligible costs.--The Attorney General and Secretary of the Treasury, in their sole discretion, shall determine what costs are reasonable for purposes of subparagraph (A), taking into account the maximum amount of funds available for distribution to States under subparagraph (C).

(i) Department of justice.--The Attorney General of the United States may not make available to States a total of more than $10,000,000 under subparagraph (A)(1).

(ii) Department of the treasury.--The Secretary of the Treasury may not make available to States a total of more than $30,000,000 under subparagraph (A)(2).

(D) Funding availability.--The amounts available to be provided to, and any amounts provided to, a State under subparagraph (A) shall be exempt from, and shall not be reduced under, any order under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).

(3) State compliance report.--Nothing in this section or an amendment made by this section authorizes the Attorney General of the United States to withhold from a State any funding otherwise available to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) because of a failure by that State to comply with subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section. Not later than 42 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report identifying which States are in compliance with subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 and, for any State not in compliance, what measures must be taken by that State to achieve compliance with such subpart 4.

(4) Effect on state law.--

(A) In general.--This section and the amendments made by this section do not supersede, alter, or affect any statute, regulation, order, or interpretation in effect in any State, except where a State has elected to receive funding from the Department of Justice under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), and then only to the extent that such State statute, regulation, order, or interpretation is inconsistent with this section or an amendment made by this section.

(B) Not inconsistent.--A State statute, regulation, order, or interpretation is not inconsistent with this section or an amendment made by this section if such statute, regulation, order, or interpretation--

(i) requires additional information, more frequently updated information, or additional measures to verify information related to a corporation, limited liability company, or beneficial owner, than is specified under this section or an amendment made by this section; or

(ii) imposes additional limits on public access to the beneficial ownership information obtained by the State than is specified under this section or an amendment made by this section.

(C) State records.--Nothing in this section or the amendments made by this section limits the authority of a State, by statute or otherwise, to disclose or to not disclose to the public all or any portion of the beneficial ownership information provided to the State under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section.

(D) No duty of verification.--This section and the amendments made by this section do not impose any obligation on a State to verify the name, address, or identity of a beneficial owner whose information is submitted to such State under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section.

(5) Federal contractors.--Not later than the first day of the first full fiscal year beginning at least 1 year after the date of enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to require any bidder who is subject to the requirement to disclose beneficial ownership information under subpart 4 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section, to provide the information required to be disclosed under such subpart 4 to the Federal Government, or why it is exempt under section 531(d)(2)(B) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section, as part of any bid or proposal for a contract.

(1) Anti-money laundering and anti-terrorist financing obligations of formation agents.--Section 5312(a)(2) of title 31, United States Code, is amended--

(A) in subparagraph (Y), by striking ``or'' at the end;

(B) by redesignating subparagraph (Z) as subparagraph (AA); and

``(Z) any person engaged in the business of forming corporations or limited liability companies; or''.

(2) Deadline for implementing rule for formation agents.--

(A) Proposed rule.--Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, shall publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(Z) of title 31, United States Code, as amended by this subsection, to establish anti-money laundering programs under subsection (h) of section 5318 of that title.

(B) Final rule.--Not later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall publish the rule described in this paragraph in final form in the Federal Register.

(C) Exclusions.--Any rule promulgated under this paragraph shall exclude from the category of persons engaged in the business of forming a corporation or limited liability company--

(i) any government agency; and

(ii) any attorney or law firm that uses a paid formation agent operating within the United States to form the corporation or limited liability company.

(d) Studies and Reports.--

(1) Other legal entities.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report--

(A) identifying each State that has procedures that enable persons to form or register under the laws of the State partnerships, trusts, charitable organizations, or other legal entities, and the nature of those procedures;

(B) identifying each State that requires persons seeking to form or register partnerships, trusts, charitable organizations, or other legal entities under the laws of the State to provide information about the beneficial owners (as that term is defined in section 531 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section) or beneficiaries of such entities, and the nature of the required information;

(C) evaluating whether the lack of available beneficial ownership information for partnerships, trusts, charitable organizations, or other legal entities--

(i) raises concerns about the involvement of such entities in terrorism, money laundering, tax evasion, securities fraud, trafficking in illicit drugs, or other criminal or civil misconduct; and

(ii) has impeded investigations into entities suspected of such misconduct; and

(D) evaluating whether the failure of the United States to require beneficial ownership information for partnerships, trusts, charitable organizations, or other legal entities formed or registered in the United States has elicited international criticism and what steps, if any, the United States has taken or is planning to take in response.

(2) Effectiveness of incorporation practices.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report assessing the effectiveness of incorporation practices implemented under this section and the amendments made by this section in--

(A) providing law enforcement agencies with prompt access to reliable, useful, and complete beneficial ownership information; and

(B) strengthening the capability of law enforcement agencies to combat incorporation abuses and other civil and criminal misconduct.

______

SA 2460. Mr. WHITEHOUSE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle _--Stopping Foreign Interference in Elections

SEC. __01. SHORT TITLE.

This subtitle may be cited as the ``Stop Secret Foreign Interference in Elections Act''.

SEC. __02. DONOR DISCLOSURE FOR CERTAIN ORGANIZATIONS

ACCEPTING DONATIONS FROM FOREIGN NATIONALS.

(a) In General.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:

``SEC. 324. DONOR DISCLOSURE FOR CERTAIN ORGANIZATIONS

ACCEPTING DONATIONS FROM FOREIGN NATIONALS.

``(a) Definitions.--In this section:

``(1) Campaign-related disbursement.--

``(A) In general.--The term `campaign-related disbursement' means a disbursement by a covered 501(c) organization for any of the following:

``(i) An independent expenditure consisting of a public communication.

``(ii) An electioneering communication, as defined in section 304(f)(3).

``(iii) A covered transfer.

``(B) Intent not required.--A disbursement for an item described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement.

``(2) Covered 501(c) organization.--The term `covered 501(c) organization' means any organization that--

``(A) is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code); and

``(B) has received contributions or donations in excess of

$2,000 during the election reporting cycle from a foreign national.

``(3) Covered transfer.--The term `covered transfer' means a transfer described in subsection (e).

``(4) Disclosure date.--The term `disclosure date' means--

``(A) the first date during any election reporting cycle by which a person--

``(i) has received contributions or donations in excess of

$2,000 from a foreign national; and

``(ii) has made campaign-related disbursements aggregating more than $10,000; and

``(B) any other date during such election reporting cycle by which a covered 501(c) organization has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.

``(5) Election reporting cycle.--The term `election reporting cycle' means the 2-year period beginning on the date of the most recent general election for Federal office.

``(6) Foreign national.--The term `foreign national' has the meaning given such term under section 319.

``(7) Payment.--The term `payment' includes any contribution, donation, transfer, payment of dues, or other payment.

``(b) Disclosure Statement.--

``(1) In general.--Any covered 501(c) organization that makes campaign-related disbursements aggregating more than

$10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)--

``(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle and ending on the first such disclosure date; and

``(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date.

``(2) Information described.--The information described in this paragraph is as follows:

``(A) The name of the covered 501(c) organization.

``(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.

``(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate.

``(D) For each payment to the covered 501(c) organization by a foreign national--

``(i) the name and address of the foreign national who made such payment during the period covered by the statement;

``(ii) the date and amount of such payment; and

``(iii) the aggregate amount of all such payments made by the foreign national during the period beginning on the first day of the election reporting cycle and ending on the disclosure date,

but only if such payment was made by a foreign national who made payments to the covered 501(c) organization in an aggregate amount of $2,000 or more during the period beginning on the first day of the election reporting cycle and ending on the disclosure date.

``(E) Such other information as required in rules established by the Commission to promote the purposes of this section.

``(3) Exceptions for amounts received from affiliates.--The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (D) of paragraph (2) shall not apply to any amount which is described in subsection (e)(2)(A)(i).

``(c) Coordination With Other Reports Filed With the Commission.--Information included in a statement filed under this section may be excluded from statements and reports filed under section 304.

``(d) Filing.--Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.

``(e) Covered Transfer Defined.--

``(1) In general.--In this section, the term `covered transfer' means any transfer or payment of funds by a covered 501(c) organization to another person if the covered 501(c) organization--

``(A) designates, requests, or suggests that the amounts be used for--

``(i) campaign-related disbursements (other than covered transfers); or

``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

``(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for--

``(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

``(C) engaged in discussions with the recipient of the transfer or payment regarding--

``(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

``(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements;

``(D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or

``(E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment.

``(2) Exception for certain transfers among affiliates.--

``(A) Exception for certain transfers among affiliates.--

``(i) In general.--The term `covered transfer' does not include an amount transferred by one covered 501(c) organization to another covered 501(c) organization if such transfer is treated as a transfer between affiliates under subparagraph (B).

``(ii) Special rule.--If the aggregate amount of transfers described in clause (i) exceeds $50,000 in any election reporting cycle--

``(I) the covered 501(c) organization which makes such transfers shall provide to the covered 501(c) organization receiving such transfers the information required under subsection (b)(2)(D) (applied by substituting `the period beginning on the first day of the election reporting cycle and ending on the date of the most recent transfer described in subsection (e)(2)(A)(i)' for `the period covered by the statement' in clause (i) thereof); and

``(II) the covered 501(c) organization receiving such transfers shall report the information described in subclause

(I) on any statement filed under subsection (a)(1) as if any contribution, donation, or transfer to which such information relates was made directly to the covered 501(c) organization receiving the transfer.

``(B) Description of transfers between affiliates.--A transfer of amounts from one covered 501(c) organization to another covered 501(c) organization shall be treated as a transfer between affiliates if--

``(i) one of the organizations is an affiliate of the other organization; or

``(ii) each of the organizations is an affiliate of the same organization,

except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements.

``(C) Determination of affiliate status.--For purposes of this paragraph, the following organizations shall be considered to be affiliated with each other:

``(i) A membership organization, including a trade or professional association, and the related State and local entities of that organization.

``(ii) A national or international labor organization and its State or local unions, or an organization of national or international unions and its State and local entities.

``(D) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered 501(c) organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered 501(c) organization to another covered 501(c) organization.''.

(b) Conforming Amendment.--Section 304(f)(6) of such Act

(52 U.S.C. 30104) is amended by striking ``Any requirement'' and inserting ``Except as provided in section 324(c), any requirement''.

(1) In general.--The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as added by this subsection.

(2) Report.--Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.

(d) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after January 1, 2019, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

SEC. __03. DUE DILIGENCE REQUIREMENTS.

(a) Certification.--

(1) In general.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section:

``SEC. 325. CERTIFICATIONS.

``(a) Requirement To File Certification.--

``(1) In general.--Each covered organization that makes a report under section 304 with respect to an independent expenditure or a disbursement for the direct costs of producing an electioneering communication shall include with such report a certification described in subsection (b).

``(2) Covered 501(c) organizations.--Each covered 501(c) organization (within the meaning of section 324) that makes a report under section 324 with respect to a campaign-related disbursement shall include with such report a certification described in subsection (b).

``(b) Certification.--

``(1) In general.--A certification is described in this subsection if the certification is made by the principal executive officer or officers and the principal financial officer or officers of such covered organization, or persons performing similar functions, stating that--

``(A) the signing officer has reviewed the report;

``(B) the organization has met the due diligence requirements under paragraph (2); and

``(C) based on the officer's knowledge, none of the funds used to make any expenditure or disbursement described in the report or statement were provided by a foreign national (as defined in section 319).

``(2) Due diligence requirement.--

``(A) In general.--The due diligence requirement under this paragraph shall be met if the organization affirmatively verifies that each contribution or donation received by the organization during the 2-year period ending on the date of the expenditure or disbursement described in subsection (a) was not a contribution or donation that was made, directly or indirectly, by a foreign national (within the meaning of section 319).

``(B) Use of segregated account.--In the case of an organization with a separate segregated account from which the expenditure or disbursement described in subsection (a) was made, subparagraph (A) shall be applied only with respect to contributions and donations made to such account.

``(c) Covered Organization Defined.--In this subsection, the term `covered organization' means any of the following:

``(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

``(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code).

``(4) A labor organization (as defined in section 316(b)).

``(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph

(6)).

``(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.''.

(2) Effective date.--The amendment made by subsection (a) shall apply to reports required to be filed after the date of the enactment of this Act.

(b) Reporting of Suspicious Donations.--

(1) Covered 501(c) organizations.--

(A) In general.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

``(s) Requirement To Report Certain Contributions.--

``(1) In general.--No organization described in subsection

(c) (other than an organization described in paragraph (3) thereof) shall be exempt from tax under subsection (a) unless such organization reports any disqualified foreign contribution, not later than 15 days after receiving such contribution, to the entities listed in paragraph (3).

``(2) Disqualified foreign contribution.--For purposes of this subsection, the term `disqualified foreign contribution' means any donation or contribution received from foreign national (within the meaning of section 319 of the Federal Election Campaign Act of 1971) and which is made or received for a purpose described in section 319(a) of such Act.

``(3) Entities.--The entities described in this paragraph are the following:

``(A) The Internal Revenue Service.

``(B) The Federal Election Commission.

``(C) The Financial Crimes Enforcement Network of the Department of Treasury.

``(D) The Department of Justice.''.

(B) Effective date.--The amendment made by this paragraph shall apply to contributions made after the date of the enactment of this Act.

(2) Corporate entities.--

(A) In general.--Each corporation and each limited liability corporation that is not otherwise treated as a corporation under the Federal Election Campaign Act of 1971 shall report any disqualified foreign contribution (as defined in section 501(s) of the Internal Revenue Code of 1986), not later than 15 days after receiving such contribution, to the following entities:

(i) The Federal Election Commission.

(ii) The Financial Crimes Enforcement Network of the Department of Treasury.

(iii) The Department of Justice.

(B) Exception.--Subparagraph (A) shall not apply to any entity that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986.

(C) Criminal penalty.--Any person who fails to make a report under subparagraph (A) shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100,000, or imprisoned not more than 1 year, or both, together with the costs of prosecution.

______

SA 2461. Mr. WHITEHOUSE (for himself and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. __. PROHIBITION ON ESTABLISHING CORPORATIONS TO CONCEAL

ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN

NATIONALS.

(a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 612. Establishment of corporation to conceal election contributions and donations by foreign nationals

``(a) Offense.--It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319.

``(b) Penalty.--Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.''.

(b) Table of Sections.--The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 611 the following:

``612. Establishment of corporation to conceal election contributions and donations by foreign nationals.''.

______

SA 2462. Mr. YOUNG (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNTABILITY

OFFICE AND INSPECTOR GENERAL RECOMMENDATIONS;

AGENCY STATEMENTS.

(a) Definition.--In this section, the term ``agency'' means--

(1) a designated Federal entity, as defined in section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.); and

(2) an establishment, as defined in section 12(2) of the Inspector General Act of 1978 (5 U.S.C. App.).

(b) Required Reports.--In the annual budget justification submitted to Congress, as submitted with the budget of the President under section 1105 of title 31, United States Code, each agency shall include--

(1) a report listing each public recommendation of the Government Accountability Office that is designated by the Government Accountability Office as ``open'' or ``closed, unimplemented'' as of the date on which the annual budget justification is submitted;

(2) a report listing each public recommendation for corrective action from the Office of Inspector General of the agency for which no final action has been taken as of the date on which the annual budget justification is submitted; and

(3) a report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include--

(A) with respect to a public recommendation that is designated by the Government Accountability Office as

``open'' or ``closed, unimplemented''--

(i) that the agency has decided not to implement, a detailed justification for the decision; or

(ii) that the agency has decided to adopt, a timeline for full implementation;

(B) with respect to a public recommendation for corrective action from the Office of Inspector General of the agency for which no final action or action not recommended has been taken, an explanation of the reasons why no final action or action not recommended was taken with respect to each audit report to which the public recommendation for corrective action pertains;

(C) with respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for implementation; and

(D) an explanation for any discrepancy between--

(i) the reports submitted under paragraphs (1) and (2);

(ii) the semiannual reports submitted by the Office of Inspector General of the agency under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.); and

(iii) reports submitted by the Government Accountability Office relating to public recommendations that are designated by the Government Accountability Office as ``open'' or

``closed, unimplemented''.

(c) Copies of Submissions.--Each agency shall provide a copy of the information submitted under subsection (b) to the Government Accountability Office and the Office of Inspector General of the agency.

(d) Timeline for Agency Statements.--Section 720(b) of title 31, United States Code, is amended--

(1) in paragraph (1), by striking ``61st'' and inserting

``181st''; and

(2) in paragraph (2), by striking ``60'' and inserting

``180''.

______

SA 2463. Mr. YOUNG submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 42, line 3, strike ``and'' and all that follows through line 4, and insert the following:

(F) program management; and

(G) efforts to ensure that excessive sustainment costs do not threaten the Department of Defense's ability to purchase the required number of aircraft.

______

SA 2464. Mrs. FISCHER (for herself, Ms. Duckworth, and Mrs. Gillibrand) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. MICROLOAN PROGRAM.

(a) Definitions.--In this section--

(1) the term ``intermediary'' has the meaning given the term in section 7(m)(11) of the Small Business Act (15 U.S.C. 636(m)(11)); and

(2) the term ``microloan program'' means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)).

(b) Microloan Intermediary Lending Limit Increased.--Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended by striking ``$5,000,000'' and inserting ``$6,000,000''.

(c) SBA Study of Microenterprise Participation.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on--

(1) the operations (including services provided, structure, size, and area of operation) of a representative sample of--

(A) intermediaries that are eligible to participate in the microloan program and that do participate; and

(B) intermediaries (including those operated for profit, operated not for profit, and those affiliated with a United States institution of higher learning) that are eligible to participate in the microloan program and that do not participate;

(2) the reasons why intermediaries described in paragraph

(1)(B) choose not to participate in the microloan program;

(3) recommendations on how to encourage increased participation in the microloan program by intermediaries described in paragraph (1)(B); and

(4) recommendations on how to decrease the costs associated with participation in the microloan program for eligible intermediaries.

(d) GAO Study on Microloan Intermediary Practices.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating--

(1) oversight of the microloan program by the Small Business Administration, including oversight of intermediaries participating in the microloan program; and

(2) the specific processes used by the Small Business Administration to ensure--

(A) compliance by intermediaries participating in the microloan program; and

(B) the overall performance of the microloan program.

______

SA 2465. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XVI, add the following:

SEC. 1607. MODIFICATION TO LAUNCH SUPPORT AND INFRASTRUCTURE

MODERNIZATION.

Section 1609(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended by inserting ``and United States spaceports that actively support national security missions'' before the period at the end.

______

SA 2466. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. DESIGNATION OF LIU XIAOBO PLAZA.

(a) Designation of Plaza.--

(1) In general.--The area between the intersections of International Drive, Northwest and Van Ness Street, Northwest and International Drive, Northwest and International Place, Northwest in Washington, District of Columbia, shall be known and designated as ``Liu Xiaobo Plaza''.

(2) References.--Any reference in a law, map, regulation, document, paper, or other record of the area referred to in paragraph (1) shall be deemed to be a reference to Liu Xiaobo Plaza.

(b) Designation of Address.--

(1) Designation.--The address of 3505 International Place, Northwest, Washington, District of Columbia, shall be redesignated as 1 Liu Xiaobo Plaza.

(2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the address referred to in paragraph (1) shall be deemed to be a reference to 1 Liu Xiaobo Plaza.

(1) contain the phrase ``Liu Xiaobo Plaza'';

(2) be similar in design to the signs used by Washington, District of Columbia, to designate the location of Metro stations; and

(3) be placed on--

(A) the parcel of Federal property that is closest to 1 Liu Xiaobo Plaza (as redesignated by subsection (b)); and

(B) the street corners of International Drive, Northwest and Van Ness Street, Northwest and International Drive, Northwest and International Place, Northwest, Washington, District of Columbia.

______

SA 2467. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1239_. LIMITATION ON ASSISTANCE TO THE MINISTRY OF THE

INTERIOR OF THE GOVERNMENT OF IRAQ.

(a) In General.--None of the funds authorized to be appropriated by this Act for assistance to the Ministry of the Interior of the Government of Iraq may be obligated or expended until the date on which the Secretary of Defense and the Secretary of State jointly certify to the appropriate committees of Congress that such funds, including funds for the provision of intelligence sharing, will not be disbursed by the United States to any group that is, or that is known to be, affiliated with the Iranian Revolutionary Guard Corps-Quds Force or other state sponsor of terrorism.

(b) Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the Iraq Train and Equip Fund is no longer in effect, the Secretary of State should submit to the appropriate committees of Congress a report on the implementation of this section.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2468. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 1257_. REPORT ON MILITARY INSTALLATION OF CHINA IN THE

REPUBLIC OF DJIBOUTI.

(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following:

(1) An assessment of the impact of the People's Republic of China's first overseas military installation in the Republic of Djibouti on the ability of the United States forces to operate in the region.

(2) An assessment of China's ability to obtain sensitive information and impact operations conducted from Camp Lemmonier in Djibouti, the largest United States military installation on the African continent.

(3) An assessment of the ability of the President of Djibouti to terminate by all methods, including by simple decree, the Department of Defense's lease agreement governing operation of Camp Lemmonier.

(4) An assessment of the impact of the Chinese base in Djibouti on security and safety of United States personnel in Djibouti.

(5) An assessment of the status of China's compliance with the Protocol on Blinding Laser Weapons, which forbids employment of laser weapons.

(6) An assessment of the laser attack in Djibouti that injured United States airmen.

(7) An assessment of Djibouti's compliance with its treaty obligations under the Ottawa Convention to end the use of landmines.

(b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2469. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 316. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS.

(a) Site Investigation Required.--The Secretary of the Air Force shall conduct a core sampling study along the proposed route of the W-6 wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along the proposed route.

(b) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a).

______

SA 2470. Mr. DAINES (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XXVIII, add the following:

SEC. 2823. TECHNICAL CORRECTION TO WITHDRAWAL AND RESERVATION

OF PUBLIC LAND AUTHORITY, LIMESTONE HILLS

TRAINING AREA, MONTANA.

Section 2931(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113-66; 127 Stat. 1031) is amended by striking ``18,644 acres in Broadwater County, Montana, generally depicted as `Proposed Land Withdrawal' on the map entitled `Limestone Hills Training Area Land Withdrawal', dated April 10, 2013'' and inserting ``18,964 acres in Broadwater County, Montana, generally depicted as `Limestone Hills Training Area Land Withdrawal' on the map entitled `Limestone Hills Training Area Land Withdrawal', dated May 11, 2017''.

______

SA 2471. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH

PROVIDERS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a strategy to recruit and retain mental health providers, including psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.

______

SA 2472. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. REPORT ON MEDICATION PRESCRIBING PRACTICES OF

DEPARTMENT OF DEFENSE.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the practices used by the Department of Defense for prescribing medication during fiscal years 2013 through 2017 that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department.

______

SA 2473. Mr. DAINES (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XXVIII, add the following:

SEC. 2823. TECHNICAL CORRECTION TO WITHDRAWAL AND RESERVATION

OF PUBLIC LAND AUTHORITY, LIMESTONE HILLS

TRAINING AREA, MONTANA.

______

SA 2474. Mr. SCHATZ (for himself, Mr. Gardner, and Mr. Sullivan) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title VIII, add the following:

SEC. 896. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.

(a) Definitions.--In this section--

(1) the term ``Administrator'' means the Administrator of the Agency;

(2) the term ``Agency'' means the Federal Emergency Management Agency;

(3) the term ``public alert and warning system'' means the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o);

(4) the term ``Secretary'' means the Secretary of Homeland Security; and

(5) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

(b) Integrated Public Alert and Warning System Subcommittee.--Section 2 of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114-143; 130 Stat. 327) is amended--

(1) in subsection (b)--

(A) in paragraph (6)(B)--

(i) in clause (i), by striking ``and'' at the end;

(ii) in clause (ii)(VII), by striking the period at the end and inserting ``; and''; and

(iii) by adding at the end the following:

``(iii) recommendations for best practices of State, tribal, and local governments to follow to maintain the integrity of the public alert and warning system, including--

``(I) the procedures for State, tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for--

``(aa) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual; and

``(bb) testing a State, tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system;

``(II) the standardization, functionality, and interoperability of incident management and warning tools used by State, tribal, and local governments to notify the public of an emergency through the public alert and warning system;

``(III) the training and recertification of emergency management personnel on best practices for originating and transmitting an alert through the public alert and warning system; and

``(IV) the procedures, protocols, and guidance concerning the protective action plans that State, tribal, and local governments should issue to the public following an alert issued under the public alert and warning system.'';

(B) in paragraph (7)--

(i) in subparagraph (A)--

(I) by striking ``Not later than'' and inserting the following:

``(i) Initial report.--Not later than'';

(II) in clause (i), as so designated, by striking

``paragraph (6)'' and inserting ``clauses (i) and (ii) of paragraph (6)(B)''; and

(III) by adding at the end the following:

``(ii) Second report.--Not later than 18 months after the date of enactment of this clause, the Subcommittee shall submit to the National Advisory Council a report containing any recommendations required to be developed under paragraph

(6)(B)(iii) for approval by the National Advisory Council.''; and

(ii) in subparagraph (B), by striking ``report'' each place that term appears and inserting ``reports'';

``5''; and

(2) in subsection (c), by striking ``and 2018'' and inserting ``2018, 2019, 2020, and 2021''.

(1) consider the recommendations submitted by the Integrated Public Alert and Warning System Subcommittee to the National Advisory Council under section 2(b)(7) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114-143; 130 Stat. 331), as amended by subsection (b) of this section; and

(2) not later than 120 days after the date on which the recommendations described in subparagraph (A) are submitted, establish minimum requirements for State, tribal, and local governments to participate in the public alert and warning system consistent with all public notice rules and regulations in law.

(d) Incident Management and Warning Tool Validation.--

(1) In general.--The Administrator shall establish a process to ensure that an incident management and warning tool used by a State, tribal, or local government to originate and transmit an alert through the public alert and warning system meets the minimum requirements established by the Administrator under subsection (c)(2).

(2) Requirements.--The process required to be established under paragraph (1) shall include--

(A) the ability to test an incident management and warning tool in the public alert and warning system lab;

(B) the ability to certify that an incident management and warning tool complies with the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology;

(D) requiring developers to provide the Administrator with a copy of and rights of use for ongoing testing of each version of incident management and warning tool software before the software is first used by a State, tribal, or local government.

(e) Review and Update of Memoranda of Understanding.--

(1) In general.--The Administrator shall review the memoranda of understanding between the Agency and State, tribal, and local governments with respect to the public alert and warning system to ensure that all agreements ensure compliance with any minimum requirements established by the Administrator under subsection (c)(2).

(2) Future memoranda.--The Administrator shall ensure that any new memorandum of understanding entered into between the Agency and a State, tribal, or local government on or after the date of enactment of this Act with respect to the public alert and warning system ensures that the agreement requires compliance with any minimum requirements established by the Administrator under subsection (c)(2).

(f) Missile Alert and Warning Authorities.--

(1) In general.--

(A) Authority.--Beginning on the date that is 120 days after the date of enactment of this Act, the authority to originate an alert warning the public of a missile launch directed against a State using the public alert and warning system shall reside primarily with the Federal Government.

(B) Delegation of authority.--The Secretary may delegate the authority described in subparagraph (A) to a State, tribal, or local entity if, not later than 180 days after the date of enactment of this Act, the Secretary submits to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report stating that--

(i) it is not feasible for the Federal Government to alert the public of a missile threat against a State; or

(ii) it is not in the national security interest of the United States for the Federal Government to alert the public of a missile threat against a State.

(C) Activation of system.--Upon verification of a missile threat, the President, utilizing established authorities, protocols and procedures, may activate the public alert and warning system.

(2) Required processes.--The Secretary, acting through the Administrator, shall establish a process to promptly notify a State warning point, and any State entities that the Administrator determines appropriate, of follow-up actions to a missile launch alert so the State may take appropriate action to protect the health, safety, and welfare of the residents of the State following the issuance of an alert described in paragraph (1)(A) for that State.

(3) Guidance.--The Secretary, acting through the Administrator, shall work with the Governor of a State warning point to develop and implement appropriate protective action plans to respond to an alert described in paragraph

(1)(A) for that State.

(4) Study and report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall--

(A) examine the feasibility of establishing an alert designation under the public alert and warning system that would be used to alert and warn the public of a missile threat while concurrently alerting a State warning point so that a State may activate related protective action plans; and

(B) submit a report of the findings under subparagraph (A), including of the costs and timeline for taking action to implement an alert designation described in subparagraph (A), to--

(i) the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate;

(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;

(iii) the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives; and

(iv) the Committee on Homeland Security of the House of Representatives.

(g) Awareness of Alerts and Warnings.--Not later than 1 year after the date of enactment of this Act, the Administrator shall--

(1) conduct a review of--

(A) the Emergency Operations Center of the Agency; and

(B) the National Watch Center and each Regional Watch Center of the Agency; and

(2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the review conducted under paragraph (1), which shall include--

(A) an assessment of the technical capability of the Emergency Operations Center and the National and Regional Watch Centers described in paragraph (1) to be notified of alerts and warnings issued by a State through the public alert and warning system;

(B) a determination of which State alerts and warnings the Emergency Operations Center and the National and Regional Watch Centers described in paragraph (1) should be aware of; and

(1) to receive any State alerts and warnings that the Administrator determines are appropriate.

(h) Timeline for Compliance.--Each State shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section or the amendments made by this section.

______

SA 2475. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title X, add the following:

SEC. 1026. REVIEW AND PUBLIC RELEASE OF CERTAIN RECORDS

CONCERNING SOURCES OF SUPPORT FOR AL QAEDA AND

THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) Definition.--In this section, the term ``covered agency'' means the Department of the Treasury, the Federal Bureau of Investigation, the Department of State, and the Central Intelligence Agency (including any component of such a department or agency).

(b) Review and Public Release of Certain Records Concerning Sources of Support for Al Qaeda and the Terrorist Attacks of September 11, 2001.--Not later than 60 days after the date of enactment of this Act, and in the interest of providing the greatest possible transparency as to the sources of support that enabled al Qaeda to carry out the terrorist attacks of September 11, 2001, each covered agency shall--

(1) review any and all records of the covered agency that are responsive to subpoenas served upon the covered agency between March 28, 2018 and June 11, 2018 by plaintiffs in the consolidated multidistrict litigation proceeding In re: Terrorist Attacks on September 11, 2001, No. 03 MDL 1570

(S.D.N.Y.); and

(2) produce any responsive documents, to the fullest extent possible under governing law, including rule 26(b)(1) of the Federal Rules of Civil Procedure.

______

SA 2476. Mr. MARKEY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title X, add the following:

SEC. 1037. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR

STRIKES.

(a) Prohibition.--Notwithstanding any other provision of law, the President may not use the Armed Forces of the United States to conduct a first-use nuclear strike unless such strike is conducted pursuant to a declaration of war by Congress that expressly authorizes such strike.

(b) First-Use Nuclear Strike Defined.--In this section, the term ``first-use nuclear strike'' means an attack using nuclear weapons against an enemy that is conducted without the President determining that the enemy has first launched a nuclear strike against the United States or an ally of the United States.

______

SA 2477. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2838. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE

REPORT RECOMMENDATIONS ON MILITARY INSTALLATION

PLANNING, COLLABORATION, AND ADAPTATION.

(a) In General.--The Secretary of Defense shall fully implement the recommendations in GAO report 18-206.

(b) Report Required.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation status of each recommendation in GAO-18-206 until all of the recommendations are implemented. The report shall be submitted in unclassified form, but may contain a classified annex.

______

SA 2478. Mr. MARKEY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title V, add the following:

SEC. 583. ATOMIC VETERANS SERVICE MEDAL.

(a) Service Medal Required.--The Secretary of Defense shall design and produce a military service medal, to be known as the ``Atomic Veterans Service Medal'', to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of Medal.--

(1) Issuance to retired and former members.--At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) Issuance to next-of-kin.--In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) Application.--The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

______

SA 2479. Mr. MARKEY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XVI, add the following:

SEC. 1650. PROHIBITION ON USE OF FUNDS FOR LONG-RANGE

STANDOFF WEAPON OR W80 WARHEAD LIFE EXTENSION

PROGRAM.

Notwithstanding any other provision of this Act or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2019 for the Department of Defense or the Department of Energy may be obligated or expended for the research, development, test, and evaluation or procurement of the long-range standoff weapon or for the W80 warhead life extension program.

______

SA 2480. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT

MEADE, MARYLAND.

(d) Repeal of Obsolete Authority.--Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008

(division B of Public Law 110-181; 122 Stat. 569) is hereby repealed.

______

SA 2481. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 521 and insert the following:

SEC. 521. DATE OF RANK OF COMMISSIONED NATIONAL GUARD

OFFICERS PROMOTED TO A HIGHER GRADE.

(a) In General.--Section 14308(f) of title 10, United States Code, is amended--

(1) by inserting ``(1)'' before ``The effective date'';

(2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ``on which such Federal recognition in that grade is so extended'' and inserting ``of the approval of the promotion of the officer to that grade by the State concerned''; and

(3) by adding at the end the following new paragraph:

``(2)(A) Notwithstanding subsection (c)(1), the date of rank in a higher grade of an officer whose effective date of promotion to such grade is governed by paragraph (1) shall be such effective date of promotion.

``(B) The specification of the date of rank of an officer in a grade pursuant to subparagraph (A) shall be deemed an adjustment of the date of rank of the officer to that grade in the manner of section 741(d)(4) of this title, pursuant to subsection (c)(2), to which section 741(d)(4)(C) of this title shall apply, notwithstanding subsection (c)(3).''.

(b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to National Guard officers whose promotion receive Federal recognition after that date, regardless of whether such promotion was approved by the State concerned before that date.

______

SA 2482. Mr. WYDEN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 7__. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN

MEDICAL TRAINING.

(a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:

``Sec. 2017. Use of human-based methods for certain medical training

``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2020, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods.

``(2) Not later than October 1, 2022, the Secretary--

``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and

``(B) may not use animals for such purpose.

``(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be.

``(2) Any exemption under this subsection--

``(A) shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption; and

``(B) may be renewed (subject to subparagraph (A)).

``(c) Annual Reports.--(1) Not later than October 1, 2018, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section.

``(2) Each report under this subsection on or after October 1, 2022, shall include a description of any exemption under subsection (b) that is in force at the time of such report and a current justification for such exemption.

``(d) Definitions.--In this section:

``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including--

``(A) hemorrhage;

``(B) tension pneumothorax;

``(C) amputation resulting from blast injury;

``(D) compromises to the airway; and

``(E) other injuries.

``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--

``(A) simulators;

``(B) partial task trainers;

``(C) moulage;

``(D) simulated combat environments;

``(E) human cadavers; and

``(F) rotations in civilian and military trauma centers.

``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:

``2017. Use of human-based methods for certain medical training.''.

______

SA 2483. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ____. FUNDING FOR NSF CYBER SCHOLARSHIP-FOR-SERVICE

PROGRAM.

(a) Increased Funding.--The amount authorized to be appropriated for fiscal year 2019 for the National Science Foundation for the Federal cyber scholarship-for-service program under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is increased by $50,000,000.

(b) Offset.--The amount authorized to be appropriated or otherwise made available by this Act for the B-21 aircraft is hereby reduced by $50,000,000.

______

SA 2484. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ____. FUNDING FOR NSF CYBER SCHOLARSHIP-FOR-SERVICE

PROGRAM.

The amount authorized to be appropriated for fiscal year 2019 for the National Science Foundation for the Federal cyber scholarship-for-service program under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is increased by $50,000,000.

______

SA 2485. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ___. REPORT ON SECURITY VULNERABILITIES IN SIGNALING

SYSTEM NO. 7.

The Secretary of Defense shall submit to the congressional defense committees a report on the effect of security vulnerabilities in Signaling System No. 7. Such report shall include the following:

(1) A description of how vulnerabilities in Signaling System No. 7 have been exploited by foreign adversaries to target personnel of the Department of Defense.

(2) A description of the steps that the Secretary has taken to mitigate such vulnerabilities.

______

SA 2486. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ___. REPORT ON CELL SITE SIMULATORS DETECTED NEAR

FACILITIES OF THE DEPARTMENT OF DEFENSE.

The Secretary of Defense shall submit to the congressional defense committees a full accounting of cell site simulators detected near facilities of the Department of Defense during the three year period ending on the date of the enactment of this Act and the actions taken by the Secretary to protect personnel of the Department, their families, and facilities of the Department from foreign powers using such technology to conduct surveillance.

______

SA 2487. Mr. WYDEN (for himself and Mr. Perdue) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title X, add the following:

SEC. 1006. FINANCIAL AUDIT FUND.

(a) In General.--If the Department of Defense does not obtain an unmodified audit opinion on its full financial statements for fiscal year 2023 by March 31, 2024, the Secretary of Defense shall establish a fund to be known as the ``Financial Audit Fund'' (in this section referred to as the ``Fund'') for the purpose of activities for the resolution of Notices of Findings and Recommendations received.

(b) Elements.--Amounts in the Fund shall include the following:

(1) Amounts appropriated to the Fund.

(2) Amounts transferred to the Fund under subsection (d).

(3) Any other amounts authorized for transfer or deposit into the Fund by law.

(1) In general.--Amounts in the Fund shall be available for activities for the resolution of Notices of Findings and Recommendations received.

(2) Transfers from fund.--Amounts in the Fund may be transferred to any other account of the Department in order to fund activities described in paragraph (1). Any amounts transferred from the Fund to an account shall be merged with amounts in the account to which transferred and shall be available subject to the same terms and conditions as amounts in such account. The authority to transfer amounts under this paragraph is in addition to any other authority of the Secretary to transfer amounts by law.

(3) Limitations.--Amounts in the Fund may be transferred under this subsection in a fiscal year only to agencies and organizations of the Department that have an obtained an unmodified audit opinion on their financial statements for at least one of the two preceding fiscal years. Amounts so transferred shall be available only to permit the agency or organization to which transferred to carry out activities described in paragraph (1).

(d) Transfers to Fund in Connection With Certain Organizations.--

(1) Reduction in amount available.--Subject to paragraph

(2), if during any fiscal year after fiscal year 2023 the Secretary determines that an agency or organization of the Department has not achieved an unmodified audit opinion on its full financial statements, is being identified as not audit ready, is receiving a disclaimer of opinion on its financial statements, or is receiving an adverse opinion on its financial statements for the calendar year ending during such fiscal year--

(A) the amount available to such agency or organization for the fiscal year in which such determination is made shall be equal to--

(i) the amount otherwise authorized to be appropriated for such agency or organization for the fiscal year; minus

(ii) the lesser of--

(I) an amount equal to 0.5 percent of the amount described in clause (i); or

(II) $100,000,000; and

(B) the Secretary shall deposit in the Fund pursuant to subsection (b)(2) all amounts unavailable to agencies and organizations of the Department in the fiscal year pursuant to determinations made under subparagraph (A).

(2) Inapplicability to amounts for military personnel.--Any reduction applicable to an agency or organization of the Department under paragraph (1) for a fiscal year shall not apply to amounts, if any, available to such agency or organization for the fiscal year for military personnel.

(3) Limitation on funds transferrable.--The authority to transfer amounts pursuant to this subsection applies only with respect to amounts that are appropriated after the date of the enactment of this Act.

(e) Reports on Transfers.--Not later than 15 days before the transfer of any amount pursuant subsection (c)(2) or

(d)(1)(B), the Secretary shall submit to the congressional defense committees a notice on the transfer, including the agency or organization whose funds will provide the source of the transfer, the amount of the transfer, and the specific plans for the use of the amount transferred for the resolution of Notices of Findings and Recommendations concerned, as applicable.

(f) Definitions.--In this section:

(1) The term ``audit ready'', with respect to an agency or organization of the Department of Defense, means that the agency or organization has in place the critical audit capabilities and associated infrastructure necessary to successfully commence and support a financial audit of its relevant financial statements.

(2) The term``adverse opinion'', with respect to financial statements, means an opinion by the auditor of the financial statements that the financial statements are misleading and cannot be relied upon.

(3) The term ``disclaimer of opinion'', with respect to financial statements, means that the auditor of the financial statements was not able to complete the audit work, and cannot issue an opinion, on the financial statements.

______

SA 2488. Mr. WYDEN (for himself and Mr. Merkley) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title III, add the following:

SEC. 340. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE

RESPONSE.

The Secretary of the Army and the Secretary of the Air Force may, in consultation with the Chief of the National Guard Bureau, provide support for training of appropriate personnel of the National Guard on wildfire response and prevention, with preference given to military installations with the highest wildfire suppression need.

______

SA 2489. Mr. NELSON (for himself and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2823. PLAN TO ALLOW INCREASED PUBLIC ACCESS TO THE

NATIONAL NAVAL AVIATION MUSEUM AND BARRANCAS

NATIONAL CEMETERY, NAVAL AIR STATION PENSACOLA.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery at Naval Air Station Pensacola.

______

SA 2490. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 3__. EXTENSION OF MORATORIUM ON DRILLING IN EASTERN GULF

OF MEXICO.

Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended in the matter preceding paragraph (1) by striking ``June 30, 2022'' and inserting ``June 30, 2027''.

______

SA 2491. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 10___. VIETNAM VETERANS MEMORIAL VISITOR CENTER.

Section 6(a) of Public Law 96-297 (54 U.S.C. 320301 note; 117 Stat. 1348) is amended by adding at the end the following:

``(4) Internment of remains.--The visitor center may house the remains of veterans of the Vietnam War.''.

______

SA 2492. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title V, add the following:

SEC. ___. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS

OF MILITARY WORKING DOGS AND THE MILITARY

WORKING DOG CONCERNED.

(a) Program of Award Required.--Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(b) Medal and Commendations.--Any medal or commendation awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(c) Presentation and Acceptance.--Any medal or commendation awarded pursuant to a program under subsection (a) may be presented to and accepted by the handler concerned on behalf of the handler and the military working dog concerned.

(d) Regulations.--Medals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

______

SA 2493. Mr. MORAN (for himself and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe

(for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1052. BRIEFING ON USE AND EXPANSION OF HACKING FOR

DEFENSE IN SUPPORT OF INNOVATION AND

ENTREPRENEURIAL EFFORTS OF THE DEPARTMENT OF

DEFENSE.

Not later than February 28, 2019, the Under Secretary of Defense for Acquisition and Sustainment shall provide the Committees on Armed Services of the Senate and the House of Representatives a briefing on proposals for use or expansion of the so-called ``Hacking for Defense'' program in order to support the innovation and entrepreneurial efforts of the Department of Defense, including the following:

(1) A description of the manner in which the Hacking for Defense program is currently being employed within the Department.

(2) A description and assessment of proposals for manners in which the Hacking for Defense program could be leveraged or expanded in order to do the following:

(A) Provide advanced warfighter solutions.

(B) Address readiness deficiencies.

(C) Reinvigorate, modernize, and enhance the innovation education of the Department with institutions of higher education and professional education programs in the United States and other North Atlantic Treaty Organization (NATO) countries.

______

SA 2494. Mr. MURPHY (for himself, Ms. Warren, Ms. Baldwin, and Mr. Blumenthal) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VIII, add the following:

SEC. 834. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR

DEFENSE ACQUISITION PROGRAM PROCUREMENTS.

(a) Assessment Required.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of procurements carried out in connection with major defense acquisition programs.

(2) Information repository.--The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.

(b) Enhanced Domestic Content Requirement.--

(1) In general.--For purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if such component articles, materials, or supplies comprise 100 percent of the manufactured articles, materials, or supplies.

(2) Effective date.--The domestic content requirement under paragraph (1) applies to contracts entered into on or after October 1, 2019.

(c) Major Defense Acquisition Program Defined.--In this section, the term ``major defense acquisition program'' has the meaning given the term in section 2430 of title 10, United States Code.

______

SA 2495. Mr. MURPHY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VIII, add the following:

SEC. 834. REPORT ON MAJOR DEFENSE ACQUISITION PROGRAM

PROCUREMENTS.

(a) Assessment Required.--

(b) Major Defense Acquisition Program Defined.--In this section, the term ``major defense acquisition program'' has the meaning given the term in section 2430 of title 10, United States Code.

______

SA 2496. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. INCREASING PARTICIPATION IN UNITED NATIONS

PEACEKEEPING OPERATIONS.

(a) Finding.--Congress finds that the inclusion of women in international peacekeeping units, police forces, and the security sector improves accountability and decreases abuses against civilians.

(b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Armed Services of the House of Representatives that includes--

(1) the number of United States female armed services personnel participating in multilateral peacekeeping and security operations;

(2) an evaluation of existing incentives, if any, to increase the participation of United States female armed services personnel in multilateral peacekeeping and security operations;

(3) an outline of the training required to ensure that female armed services personnel are prepared for the unique challenges inherent in multilateral peacekeeping and security operations;

(4) recommendations for how the United States could meet the minimum requirement of 30 percent female armed service participation in training offered by the United States on security issues, including partner military training; and

(5) an evaluation of current security partnerships around the world and whether such partnerships can increase the number of women included in peacekeeping units, police forces, and the security sector.

______

SA 2497. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ENDING THE CYPRUS ARMS EMBARGO.

(a) Short Title.--This section may be cited as the ``End the Cyprus Arms Embargo Act''.

(b) Findings.--Congress finds the following:

(1) The Republic of Cyprus is a vital strategic partner to the United States.

(2) The Republic of Cyprus is a critical member of the Global Coalition to Counter the Islamic State in Iraq and the Levant.

(3) The United States cooperates closely with the Republic of Cyprus through information sharing agreements.

(4) High-level United States officials have assisted the Republic of Cyprus with crafting that nation's national security strategy.

(5) The United States provides training to Cypriot officials in areas such as cybersecurity, counterterrorism, and explosive ordinance disposal and stockpile management.

(6) The Republic of Cyprus is a valued member of the Proliferation Security Initiative to combat the trafficking of weapons of mass destruction.

(7) The Republic of Cyprus continues to work closely with the United Nations and regional partners in Europe--

(A) to combat terrorism through law enforcement;

(B) to counter violent extremism programs; and

(8) The United States and the Republic of Cyprus maintain strong bilateral economic relations, particularly in sectors such as energy, financial services, and logistics.

(9) The energy exploration in the Republic of Cyprus's Exclusive Economic Zone and territorial waters--

(A) includes the participation of United States companies;

(B) furthers United States interests by providing a potential alternative to Russian gas for United States allies and partners; and

(10) Energy exploration in the Eastern Mediterranean region must be safeguarded against threats posed by terrorist and extremist groups, including Hezbollah and others.

(11) Despite robust economic and security relations with the United States, the Republic of Cyprus has been subject to a United States embargo prohibiting the export of defense articles and services since 1987.

(12) The 1987 arms embargo was designed to restrict United States arms sales and transfer to the Republic of Cyprus and the occupied part of Cyprus to avoid hindering reunification efforts.

(13) At least 30,000 Turkish troops are stationed in the occupied part of Cyprus with weapons procured from the United States through mainland Turkey.

(14) While the United States has, as a matter of policy, avoided the provision of defense articles and services to the Republic of Cyprus, the Government of Cyprus has sought to obtain these defense articles from other countries, including countries that pose challenges to United States interests around the world.

(15) The security of partners in the Eastern Mediterranean region is critical to the security of the United States and Europe.

(1) the direct sale or transfer of arms by the United States to the Republic of Cyprus would advance United States' security interests in Europe by helping to reduce the dependence of Cyprus on other countries for defense-related materiel, including countries that pose challenges to United States interests around the world; and

(2) it is in the interest of the United States--

(A) to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus;

(B) to affirm the importance of demilitarization on the island of Cyprus; and

(d) Repeal of Prohibition on Transfer of Articles on the United States Munitions List to the Republic of Cyprus.--

(1) In general.--Section 620C of the Foreign Assistance Act of 1961 (22 U.S.C. 2373) is amended by striking subsection

(e).

(2) Exclusion of the government of the republic of cyprus from certain related regulations.--Beginning on the date of the enactment of this Act, the Secretary of State shall exclude any application made with or under the authority of the Government of the Republic of Cyprus from the restrictions set forth in--

(A) section 126.1(r) of title 22, Code of Federal Regulations (relating to prohibited exports, imports, and sales to or from Cyprus); and

(B) Department of State Public Notice 1738 (57 Fed. Reg. 60265; December 18, 1992; relating to policy governing munitions export licenses to Cyprus).

______

SA 2498. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the the end of subtitle A of title XII, add the following:

SEC. 1208. FOREIGN MILITARY FINANCING FOR ISRAEL.

(a)(1) In General .--Of the amount made available for each of the fiscal years 2019 through 2028 for assistance under the Foreign Military Financing program, not less than

$3,300,000,000 for each such fiscal year is authorized to be made available on a grant basis for Israel.

(2) Disbursement of Funds.--Funds authorized to be made available for Israel under paragraph (1) for each fiscal year shall be disbursed not later than 30 days after the date of the enactment of an Act making appropriations for foreign operations, export financing, and related programs for such fiscal year, or October 31 of the year in which such fiscal year begins, whichever date is later.

(3) Exclusion of Rescissions and Supplemental Appropriations.--For purposes of this section, the computation of amounts made available for a fiscal year shall not take into account any amount rescinded by an Act or any amount appropriated by an Act making supplemental appropriations for a fiscal year.

(4) Rule of Construction.--Nothing in this section shall restrict or otherwise prohibit the authorization of appropriations, or the appropriation of funds, above the amount specified in this subsection.

(b) Definitions.--In this section, the term ``Foreign Military Financing program'' means the program authorized by section 23 of the Arms Export Control Act (22 U.S.C. 2763).

______

SA 2499. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title V, add the following:

SEC. 550. DEFINITION OF MILITARY SEXUAL TRAUMA.

The Secretaries of Defense and Veterans Affairs shall together establish a definition of military sexual trauma to be used by both departments in all aspects of care and benefits for members of the Armed Forces and veterans.

______

SA 2500. Mr. HELLER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 558. INFORMATION ON RESOURCES AVAILABLE REGARDING

MILITARY SEXUAL TRAUMA IN PRESEPARATION

COUNSELING PROVIDED TO MEMBERS OF THE ARMED

FORCES.

Section 1142(b) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; and

(2) by inserting after paragraph (11) the following new paragraph (12):

``(12) Information concerning the availability of resources regarding military sexual trauma.''.

______

SA 2501. Mr. PERDUE submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 1725(b)(4)(C), add at the end the following:

(vi) The license of a patent and provision of support by a United States person in connection with the licensed patent, if the patent is widely licensed on a non-exclusive basis and the support is generally provided to licensees of the patent.

______

SA 2502. Mr. TOOMEY (for himself and Mr. Jones) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle F of title V, add the following:

SEC. 577. BACKGROUND CHECKS.

(a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each covered local educational agency and each Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, shall have in effect policies and procedures that--

(1) require that a criminal background check be conducted for each school employee of the agency or school, respectively, that includes--

(A) a search of the State criminal registry or repository of the State in which the school employee resides;

(B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides;

(C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and

(D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20921);

(2) prohibit the employment of a school employee as a school employee at the agency or school, respectively, if such employee--

(A) refuses to consent to a criminal background check under paragraph (1);

(B) knowingly submits false information concerning past convictions in connection with such a criminal background check;

(i) murder;

(ii) child abuse or neglect;

(iii) a crime against children, including child pornography;

(iv) spousal abuse;

(v) a crime involving rape or sexual assault;

(vi) kidnapping;

(vii) arson; or

(viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or

(D) has been convicted of any other crime that is a violent or sexual crime against a minor;

(3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with policies established by the covered local educational agency or the Department of Defense (in the case of a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code);

(4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check;

(5) provide for a timely process, by which a school employee of the school or agency may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to--

(A) challenge the accuracy or completeness of the information produced by such criminal background check; and

(B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; and

(6) allow the covered local educational agency or school, as the case may be, to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee.

(b) Fees for Background Checks.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check.

(1) Covered local educational agency.--The term ``covered local educational agency'' means a local educational agency that receives funds under subsection (b) or (d) of section 7003, or section 7007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707).

(2) School employee.--The term ``school employee'' means--

(A) a person who--

(i) is an employee of, or is seeking employment with--

(I) a covered local educational agency; or

(II) a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, such elementary and secondary school; and

(ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or

(B)(i) any person, or an employee of any person, who has a contract or agreement to provide services to a covered local educational agency or a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code; and

(ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

______

SA 2503. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title V, add the following:

SEC. 598. BRIEFING ON THE STATUS OF THE PLAN OF THE ARMY TO

TRANSITION TO NEW INSECTICIDE PRETREATMENTS ON

COMBAT UNIFORMS.

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing the status of approval of, and any plan to transition to, the use of new insecticide pretreatments on combat uniforms.

______

SA 2504. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title VIII, add the following:

SEC. 896. ADVANCED HELICOPTER TRAINING SYSTEM.

In developing the requirements for the Navy's Advanced Helicopter Training System, the Secretary of the Navy shall take into consideration--

(1) the projected cost and schedule impacts of any development or non-developmental integration requirements;

(2) the level to which the new training system will enhance the transition to current Navy advance aircraft and any next generation Future Vertical Lift aircraft technologies and capabilities;

(3) the efficiencies and cost benefits provided by the capability to replicate advanced training tasks on a primary trainer;

(4) the safety and efficiency and quality benefits of a training aircraft with flight and power management characteristics of a multi-engine trainer that is representative of the more complex fleet helicopters; and

(5) the trends and best practices learned by other United States and international military training programs.

______

SA 2505. Mr. SANDERS (for himself and Mr. Grassley) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title X, add the following:

SEC. 1006. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE

ABSENCE OF AN UNQUALIFIED AUDIT OPINION.

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

(1) the amount available to such department, agency, or element for the fiscal year in which such determination is made shall be equal to--

(A) the amount otherwise authorized to be appropriated for such department, agency, or element for the fiscal year; minus

(B) the lesser of--

(i) an amount equal to 0.5 percent of the amount described in subparagraph (A); or

(ii) $100,000,000; and

(2) the Secretary shall deposit in the general fund of the Treasury for purposes of deficit reduction all amounts unavailable to departments, agencies, and elements of the Department in the fiscal year pursuant to determinations made under paragraph (1).

______

SA 2506. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. PROHIBITION ON CONTRACTS WITH CONTRACTORS

COMPENSATING ANY EMPLOYEE AT A RATE HIGHER THAN

THE SECRETARY OF DEFENSE.

The Secretary of Defense may not enter into a contract for the procurement of property or services with a contractor that compensates any of its employees or officers more than

$203,700 per year.

______

SA 2507. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. DEFENSE CONTRACTING FRAUD WEBSITE.

(a) In General.--The Secretary of Defense shall establish, maintain, and regularly update a publicly accessible website on defense contracting fraud.

(b) Elements.--The website established under subsection (a) shall include the following elements:

(1) A list of fraud-related criminal convictions, civil judgements, or settlements.

(2) A list of defense contractors debarred or suspended based on a criminal conviction for fraud.

(3) An assessment of the total value of Department of Defense contracts entered into for contractors that have been indicted for, settled charges of, been fined by any Federal department or agency for, or been convicted of fraud in connection with any contract or other transaction with the Federal Government.

(4) Recommendations from the Inspector General of the Department of Defense or other appropriate Department of Defense official on how to penalize contractors repeatedly involved in fraud, including updates on implementation by the Department of any previous recommendations.

(c) Restricted Information.--The Secretary of Defense may include as part of the website required under subsection (a) a restricted area for certain information that may only be accessed by appropriate government personnel.

______

SA 2508. Mr. MANCHIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title III, add the following:

SEC. 340. TRANSPORTATION TO CONTINENTAL UNITED STATES OF

RETIRED MILITARY WORKING DOGS OUTSIDE THE

CONTINENTAL UNITED STATES THAT ARE SUITABLE FOR

ADOPTION IN THE UNITED STATES.

Section 2583(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(3)(A) In the case of a military working dog located outside the continental United States (OCONUS) at the time of retirement that is suitable for adoption at that time, the Secretary of the military department concerned shall undertake transportation of the dog to the continental United States (including transportation by contract at United States expense) for adoption under this section unless--

``(i) the dog is adopted as described in paragraph (2)(A); or

``(ii) transportation of the dog to the continental United States would not be in the best interests of the dog for medical reasons.

``(B) Nothing in this paragraph shall be construed to alter the preference in adoption of retired military working dogs for former handlers as set forth in subsection (g).''.

______

SA 2509. Mr. MANCHIN (for himself, Mr. Kennedy, and Ms. Cantwell) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part I of subtitle C of title XVI, add the following:

SEC. ___. REPORT ON CYBER FORCES OF THE RESERVE COMPONENTS OF

THE ARMED FORCES AND CYBERSPACE.

(a) In General.--Not less than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use by the Department of Defense of members of the reserve components of the Armed Forces for cyber warfare, cybersecurity, and other matters relating to the Department and cyberspace.

(b) Contents.--The report required by subsection (a) shall include the following:

(1) Details on the current use by the Department of the cyber forces of the reserve components and the plans of the Secretary for the future use of such forces.

(2) Details of the accompanying assignments and attachments across the Department.

(3) An evaluation of the insertion of members of the cyber forces of the reserve components into command structures of the Department.

(4) Analysis of legal limitations on actions relating to the cyber forces of the reserve components with respect to their authorities under title 10, United States Code, and title 32, United States Code.

(5) An evaluation of the capabilities of such cyber forces, with particular focus on capabilities related to responding to threats and attacks on infrastructure.

(6) Details of potential or planned steps for the Department to take to ensure that the special legal, skills, and command structure attributes of the reserve components are best put to use in the defense of the United States.

______

SA 2510. Mr. MANCHIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IX, add the following:

SEC. 910. REPORT ON THE ROLE OF THE OFFICE OF THE CHIEF

MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE

IN CONNECTION WITH CERTAIN AUDIT-RELATED

MATTERS.

(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive description of the role of the Office of the Chief Management Officer of the Department of Defense, and each of the reform areas specified in subsection (b), in the following:

(1) Assisting in audit readiness.

(2) Addressing and remediating audit findings.

(3) Institutionalizing enterprise level business and system reform in order to achieve and sustain the Department-Defense wide goal of an unmodified audit opinion on its financial statements.

(b) Reform Areas.--The reform areas specified in this subsection are the following:

(1) Human Resource Management.

(2) Health Care Management.

(3) Supply Chain and Logistics.

(4) Real Property Management.

(5) Community Services.

(6) Information Technology Business Systems.

(7) Any other reform area designated by the Secretary for purposes of this section.

______

SA 2511. Mr. INHOFE (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. PLANS TO IMPROVE MEDICAL FACILITIES OF THE

DEPARTMENT OF VETERANS AFFAIRS.

(a) Plans Required.--

(1) Plans of directors of medical facilities.--

(A) In general.--The Secretary of Veterans Affairs shall require each director of a medical facility of the Department of Veterans Affairs to submit to the director of the Veterans Integrated Service Network that covers the facility, not later than 90 days after the date the Secretary establishes standards for quality under section 1703C of title 38, United States Code, a plan to improve such facility in such a fashion as would result in the facility meeting all of the applicable standards for quality established under that section.

(B) Applicability.--The requirement in subparagraph (A) shall only apply to directors of facilities that do not meet the standards for quality established under section 1703C of title 38, United States Code.

(2) Plans of directors of veterans integrated service networks.--The Secretary shall require each director of a Veterans Integrated Service Network to submit to the Secretary, not later than 60 days after receiving all of the plans under paragraph (1), a plan, based on the plans received under paragraph (1), to improve the facilities within the Veterans Integrated Service Network in such a fashion that would improve the ability of all facilities within the network to meet the applicable standards for quality established under section 1703C of title 38, United States Code.

(3) Remediation of service lines.--The Secretary shall ensure that each plan submitted under this subsection includes a plan for remediation of service lines under section 1706A(a) of title 38, United States Code, if applicable.

(b) Regular Reports.--

(1) In general.--The Secretary shall ensure that, for inclusion in the first strategic plan submitted under section 7330C(b) of title 38, United States Code, after the Secretary has received all of the reports required under subsection

(a), and not less frequently than once every four years thereafter, each director of a Veterans Integrated Service Network in which a medical facility of the Department is not meeting all of the applicable standards for quality established under section 1703C of such title, submits to the Secretary a report on the actions taken by the director to meet such standards for quality.

(2) Use of reports.--The reports submitted under paragraph

(1) shall be used to develop the strategic plan required by section 7330C(b) of title 38, United States Code.

(c) Sense of Congress on Use of Authorities To Investigate Medical Centers of the Department of Veterans Affairs.--It is the sense of Congress that the Secretary of Veterans Affairs should make full use of the authorities provided by section 2 of the Enhancing Veteran Care Act (Public Law 115-95; 38 U.S.C. 1701 note).

______

SA 2512. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 59, strike line 4 and all that follows through page 61, line 25, and insert the following:

(a) Establishment.--The Under Secretary of Defense for Research and Engineering shall establish activities to develop interaction between the Department of Defense and the commercial technology industry, academia, public-private partnerships, and other nonprofit organizations with regard to emerging hardware products and technologies with national security applications.

(b) Elements.--

(1) In general.--The activities required by subsection (a) shall include the following:

(A) Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.

(B) Funding research and technology development and the requisite manufacturing process in critical hardware-based defense sectors, specifically microelectromechanical systems, processing components, micromachinery, and materials science that private industry has not supported sufficiently to meet rapidly emerging national security needs.

(C) Developing and executing policies and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.

(D) Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.

(E) Establishing domestic manufacturing capabilities necessary for demonstration, testing, validation, and low volume production of promising emerging technologies.

(2) Coordination.--The Under Secretary of Defense for Research and Engineering shall coordinate with the Under Secretary of Defense for Acquisition and Sustainment in carrying out activities under subparagraph (E) of paragraph

(1).

(1) In general.--Subject to paragraph (2), the Under Secretary of Defense for Research and Engineering may transfer such personnel, resources, and authorities as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department.

(2) Certification.--The Under Secretary may only make a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), independent of further government funding beyond this authorization.

(d) Establishment of Nonprofit Entity.--

(1) In general.--The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a).

(2) Existing nonprofits.--In carrying out paragraph (1), the Under Secretary shall try to work with a nonprofit organization that existed on the day before the date of the enactment of this Act.

(e) Plan.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a detailed plan to carry out this section.

(2) Elements.--The plan required by paragraph (1) shall include the following:

(A) A description of the additional authorities needed to carry out the activities set forth in subsection (b).

(B) Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.

(C) Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.

(3) No delay on conduct of activities.--Before submitting the plan required by paragraph (1), the Under Secretary of Defense for Research and Engineering shall proceed with carrying out the activities as required by subsections (a) and (b).

______

SA 2513. Mr. ROBERTS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. INSTRUCTION ON PILOT PROGRAM REGARDING EMPLOYMENT

OF PERSONS WITH DISABILITIES.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update the Defense Federal Acquisition Regulatory Supplement to include an instruction on the pilot program regarding employment of persons with disabilities authorized under section 853 of the National Defense Authorization Act for Fiscal Year 2004

(Public Law 108-136; 10 U.S.C. 2302 note).

______

SA 2514. Mr. COTTON (for himself, Mr. Van Hollen, Mr. Schumer, Mr. Rubio, Mr. Blumenthal, Ms. Collins, and Mr. Nelson) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1727 and insert the following:

SEC. 1727. PROHIBITION ON MODIFICATION OF CIVIL PENALTIES

UNDER EXPORT CONTROL AND SANCTIONS LAWS AND

PROHIBITION ON CERTAIN TELECOMMUNICATIONS

EQUIPMENT.

(a) Prohibition on Modification of Penalties.--

(1) In general.--Notwithstanding any other provision of law, no Federal official may modify any penalty, including a penalty imposed pursuant to a denial order, implemented by the Government of the United States with respect to a Chinese telecommunications company pursuant to a determination that the company has violated an export control or sanctions law of the United States until the date that is 30 days after the President certifies to the appropriate congressional committees that the company--

(A) has not, for a period of one year, conducted activities in violation of the laws of the United States; and

(B) is fully cooperating with investigations into the activities of the company conducted by the Government of the United States, if any.

(2) Reinstatement of penalties or suspended order.--

(A) In general.--If, before the date of the enactment of this Act, any penalty imposed pursuant to the order of the Acting Assistant Secretary of Commerce for Export Enforcement entitled ``Order Activating Suspended Denial Order Relating to Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd.'' (83 Fed. Reg. 17644), and dated April 15, 2018, is reduced or eliminated, or that order is suspended, on such date of enactment, that penalty shall be reinstated to the penalty in place before such reduction or elimination, or that order shall be reinstated, as the case may be.

(B) Additional modifications.--Any modification to a penalty imposed pursuant to the order described in subparagraph (A) on or after the date of the enactment of this Act shall be subject to the requirements of paragraph

(1).

(b) Prohibition on Use or Procurement.--The head of an executive agency may not--

(1) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

(2) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Prohibition on Loan and Grant Funds.--The head of an executive agency may not obligate or expend loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems described in subsection (b).

(d) Effective Dates.--The prohibitions under subsection

(b)(1) and subsection (c) shall take effect 180 days after the date of the enactment of this Act and the prohibition under subsection (b)(2) shall take effect three years after the date of the enactment of this Act.

(e) Rule of Construction.--Nothing in subsection (b) or (c) shall be construed to--

(1) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(f) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees' '' means--

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.

(2) Covered foreign country.--The term ``covered foreign country'' means the People's Republic of China.

(3) Covered telecommunications equipment or services.--The term ``covered telecommunications equipment or services'' means any of the following:

(A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(B) Telecommunications services provided by such entities or using such equipment.

(C) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(4) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.

(g) Treatment of Provision Relating to Prohibition on Certain Telecommunications Equipment.--Section 891, relating to a prohibition on certain telecommunications equipment, shall have no force or effect.

______

SA 2515. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle I of title VIII, add the following:

SEC. 896. ACCELERATING SBIR AND STTR AWARDS.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended--

(1) in subsection (hh)--

(A) by striking ``Federal agencies'' and inserting the following:

``(1) In general.--Federal agencies'';

(B) in paragraph (1), as so designated, by striking

``attempt to''; and

``(2) Pilot program to accelerate department of defense sbir and sttr awards.--

``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Under Secretary of Defense for Acquisition and Sustainment, acting through the Director of Defense Procurement and Acquisition Policy of the Department of Defense, shall establish a pilot program to reduce the time for awards under the SBIR and STTR programs of the Department of Defense, under which the Department of Defense shall--

``(i) develop simplified and standardized procedures and model contracts throughout the Department of Defense for Phase I, Phase II, and Phase III SBIR awards;

``(ii) for Phase I SBIR and STTR awards, reduce the amount of time between solicitation closure and award;

``(iii) for Phase II SBIR and STTR awards, reduce the amount of time between the end of a Phase I award and the start of the Phase II award;

``(iv) for Phase II SBIR and STTR awards that skip Phase I, reduce the amount of time between solicitation closure and award;

``(v) for sequential Phase II SBIR and STTR awards, reduce the amount of time between Phase II awards; and

``(vi) reduce the award times described in clauses (ii),

(iii), (iv), and (v) to be as close to 90 days as possible.

``(B) Consultation.--In carrying out the pilot program under subparagraph (A), the Director of Defense Procurement and Acquisition Policy of the Department of Defense shall consult with the Director of the Office of Small Business Programs of the Department of Defense.

``(C) Termination.--The pilot program under subparagraph

(A) shall terminate on September 30, 2022.''; and

(2) in subsection (ii)--

(A) by striking ``Federal agencies'' and inserting the following:

``(1) In general.--Federal agencies''; and

(B) by adding at the end the following:

``(2) Comptroller general reports.--The Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Armed Services of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Armed Services of the House of Representatives--

``(A) not later than 1 year after the date of enactment of this paragraph, and every year thereafter for 3 years, a report that--

``(i) provides the average and median amount of time that each component of the Department of Defense with an SBIR or STTR program takes to review and make a final decision on proposals submitted under the program; and

``(ii) compares that average and median amount of time with that of other Federal agencies participating in the SBIR or STTR program; and

``(B) not later than December 5, 2021, a report that--

``(i) includes the information described in subparagraph

(A);

``(ii) assesses where each Federal agency participating in the SBIR or STTR program needs improvement with respect to the proposal review and award times under the program;

``(iii) identifies best practices for shortening the proposal review and award times under the SBIR and STTR programs, including the pros and cons of using contracts compared to grants; and

``(iv) analyzes the efficacy of the pilot program established under subsection (hh)(2).''.

______

SA 2516. Mr. PETERS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VIII, insert the following:

SEC. ___. PLAN TO MAINTAIN STRATEGIC INFLUENCE AND

PARTNERSHIPS WITH THE CENTERS THAT COMPRISE THE

NETWORK FOR MANUFACTURING INNOVATION.

(a) Findings.--Congress makes the following findings:

(1) Centers for manufacturing innovation that comprise the Network for Manufacturing Innovation, known as

``Manufacturing USA'', allow manufacturing partners of the Department of Defense to better achieve their missions by--

(A) rapidly transitioning science and technology by completing sponsored projects and advancing concepts through prototype development;

(B) lowering risk for technology insertion by applying new manufacturing processes to reduce cycle times and utilizing tools to support legacy systems;

(C) scaling up advanced manufacturing by identifying domestic sources for components and materials and advancing new technologies from prototype to limited-scale production; and

(D) increasing knowledge in the advanced manufacturing ecosystem by leading training programs and convening experts from industry, academia, and government into one networked community.

(2) As such centers transition past the period of initial funding and plan for continuation, they will reach decision points that carry implications for whether Federal Government goals remain a focus and are achieved.

(3) Without influence from the Department, there is risk that such centers may choose not to pursue United States-centric program goals, such as developing domestic workforce or innovation capacity, or they may even start to advance the interests of competitor counties who are able to offer funding and influence.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the Secretary of Defense should develop a deliberate approach to ensure an enduring focus of centers described in paragraph (1) of subsection (a) on United States-centric goals is maintained at each center after the initial funding described in paragraph (2) of such subsection expire;

(2) any plans of the Secretary for maintaining strategic influence and partnership with the such centers should be robust and accommodate the different operational models and technology-specific needs of each center; and

(3) any plans of the Secretary for continued partnership with such centers should ensure the centers remain as part of the Network for Manufacturing Innovation.

(c) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to maintain strategic influence and partnerships with the centers that comprise the Network for Manufacturing Innovation established under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s) as they transition out of their initial agreements with the Secretary and remain as part of such network.

______

SA 2517. Mr. PETERS (for himself, Mr. Coons, Mrs. Gillibrand, Mr. Graham, and Mrs. Shaheen) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 734, lines 15 and 16, striking ``agencies and federally sponsored laboratories'' and insert ``agencies, federally sponsored laboratories, and other federally funded programs, including the Hollings Manufacturing Extension Partnership and the Network for Manufacturing Innovation Program''.

______

SA 2518. Mrs. MURRAY (for herself and Mr. Kaine) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle F of title V, add the following:

SEC. 577. RESPITE CHILDCARE FOR CERTAIN SPOUSES OF MEMBERS OF

THE ARMED FORCES.

(a) Respite Child Care Required.--The Secretary concerned shall provide each spouse of a member of the Armed Forces under the jurisdiction of such Secretary who is described in subsection (b), and who has a child or children under the age of 13 years, hourly respite childcare for each such child at or in the vicinity of the installation to which the member concerned is assigned.

(b) Spouses.--A spouse described in this subsection is any spouse of a member of the Armed Forces as follows:

(1) A spouse of a member of the Armed Forces on active duty

(other than active duty for training).

(2) A spouse who is participating in the Transition Assistance Program under section 1144 of title 10, United States Code.

(c) Limitation on Amount of Care Per Child.--The total number of hours of childcare provided under subsection (a) with respect to a particular child may not exceed 16 hours.

(d) Provision.--

(1) Providers.--Childcare shall be provided under subsection (a) by the following, as elected by the Secretary concerned:

(A) A childcare provider located on the installation concerned.

(B) A childcare provider located in the vicinity of the installation concerned and approved for the provision of childcare under this section by the Secretary concerned.

(2) Provision at no cost to members or their families.--Childcare shall be provided under subsection (a) at no cost to the member of the Armed Forces concerned, the spouse, or the member's family.

(e) Funding.--Funds for the provision of childcare under subsection (a) shall be derived from amounts available to the Secretaries concerned for the provision of childcare services to members of the Armed Forces.

(f) Secretary Concerned Defined.--In this section, the term

``Secretary concerned'' has the meaning given that term in section 101(a)(9) of title 10, United States Code.

______

SA 2519. Mr. NELSON submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. TAX PREPARER FRAUD PROTECTION FOR SERVICEMEMBERS

AND DEPENDENTS.

(a) In General.--Chapter 49 of title 10, United States Code, is amended by inserting after section 985 the following new section:

``Sec. 986. Tax Preparer Fraud Protection for Servicemembers and Dependents

``(a) In General.--A tax return preparer may not provide tax return preparation services to a covered member or a covered dependent unless such tax return preparer satisfies the minimum standards established under subsection (b).

``(b) Minimum Standards.--The Secretary of Defense

(referred to in this section as the `Secretary') shall, in consultation with the Secretary of Treasury, establish minimum standards to ensure any tax return preparer providing tax return preparation services to a covered member or a covered dependent has demonstrated--

``(1) good character;

``(2) the necessary qualifications to provide valuable service to any person; and

``(3) the competency to properly advise and assist any person in the preparation of their tax returns.

``(c) Referrals to Secretary of Treasury.--Pursuant to subsection (d) of section 330 of title 31, United States Code, the Secretary shall refer to the Secretary of the Treasury any tax return preparer who, in connection with any tax return preparation services to a covered member or a covered dependent, the Secretary has reason to believe--

``(1) is incompetent;

``(2) is disreputable;

``(3) with intent to defraud, willfully and knowingly misleads or threatens any person or prospective person whose tax return, claim for refund, or document in connection with a tax return or claim for refund, is being or may be prepared; or

``(4) is in violation of the standards established under this section.

``(d) Definitions.--For purposes of this section:

``(1) Claim for refund.--The term `claim for refund' has the same meaning given such term under section 6696(e)(2) of Internal Revenue Code of 1986.

``(2) Covered dependent.--The term `covered dependent' means, with respect to a covered member--

``(A) such member's spouse;

``(B) such member's child (as defined in section 101(4) of title 38, United States Code); or

``(C) an individual for whom such member provided more than one-half of the individual's support for at least 180 days of the preceding calendar year.

``(3) Covered member.--The term `covered member' means a member of the armed forces who is--

``(A) on active duty under a call or order that does not specify a period of 30 days or less; or

``(B) on active Guard and Reserve Duty.

``(4) Tax return.--The term `tax return' has the same meaning given the term `return' under section 6696(e)(1) of the Internal Revenue Code of 1986.

``(5) Tax return preparation services.--The term `tax return preparation services' means any service that assists in the preparation, furnishing, or reproduction of a tax return or claim for refund in exchange for compensation.

``(6) Tax return preparer.--The term `tax return preparer' has the same meaning given such term under section 7701(a)(36) of the Internal Revenue Code of 1986.''.

(b) Conforming Amendments.--Section 330 of title 31, United States Code, is amended--

(1) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively, and

(2) by inserting after subsection (c) the following new subsection:

``(d)(1) After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice, or censure, a tax return preparer who--

``(A) has been referred to the Secretary under subsection

``(B) the Secretary has determined--

``(i) is incompetent;

``(ii) is disreputable;

``(iii) with intent to defraud, willfully and knowingly misleads or threatens any person or prospective person whose tax return, claim for refund, or document in connection with a tax return or claim for refund, is being or may be prepared; or

``(iv) is in violation of the standards established under such section.

``(2) In the case of a tax return preparer described in paragraph (1), or in the case of a tax return preparer who was acting on behalf of an employer or any firm or other entity in connection with the conduct described in such paragraph, rules similar to the rules under subsection (c) relating to monetary penalties shall apply for purposes of this subsection.

``(3) The terms `tax return preparer', `tax return', and

`claim for refund' shall have the same meaning given such terms under subsection (d) of section 986 of title 10, United States Code.''.

(c) Clerical Amendment.--The table of sections at the beginning of chapter 49 of title 10, United States Code, is amended by inserting after the item relating to section 985 the following new item:

``986. Tax Preparer Fraud Protection for Servicemembers and

Dependents.''.

______

SA 2520. Mr. MURPHY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 12__. RESTRICTION ON USE OF FUNDS FOR MILITARY

OPERATIONS IN NORTH KOREA.

(a) In General.--No funds may be used for military operations in North Korea absent an imminent threat to the United States without express authorization by an Act of Congress.

(b) Exceptions.--The restriction under subsection (a) shall not apply--

(1) with respect to the introduction of the Armed Forces into hostilities to repel a sudden attack on the United States, its territories or possessions, its Armed Forces, or its allies; or

(2) to the deployment of United States Armed Forces to rescue or remove United States citizens or personnel.

(c) Rule of Construction.--Nothing in this section may be construed to relieve the Executive Branch of the restrictions on the use of force or the reporting requirements stated in the War Powers Resolution (50 U.S.C. 1541 et seq.).

______

SA 2521. Mr. UDALL (for himself, Mr. Rounds, Mr. Boozman, Mrs. Murray, Mr. Heinrich, Mrs. Capito, Mr. Blumenthal, Ms. Warren, Ms. Murkowski, and Mr. Donnelly) submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title VI, add the following:

SEC. 609. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES

FOR MATERNITY LEAVE TAKEN BY MEMBERS OF THE

RESERVE COMPONENTS.

(a) Compensation.--Section 206(a) of title 37, United States Code, is amended--

(1) in paragraph (2), by striking ``or'' at the end;

(2) in paragraph (3), by striking the period at the end and inserting ``; or''; and

(3) by adding the end the following new paragraph:

``(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.''.

(b) Credit for Retired Pay Purposes.--

(1) In general.--The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.

(2) Separate credit for each period of leave.--Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.

(3) When credited.--Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.

(4) Contribution of leave toward entitlement to retired pay.--Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:

``(F) Points at the rate of 12 a year for the taking of maternity leave.''.

(5) Computation of years of service for retired pay.--Section 12733 of such title is amended--

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph (5):

``(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.''.

(c) Effective Date.--This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.

______

SA 2522. Mr. UDALL (for himself and Mr. Heinrich) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XVI, add the following:

SEC. 16__. MODIFICATION TO LAUNCH SUPPORT AND INFRASTRUCTURE

MODERNIZATION.

Section 1609(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended by striking ``that may benefit all users'' and inserting `` and United States spaceports that actively support national security missions''.

______

SA 2523. Ms. SMITH (for herself and Ms. Klobuchar) submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SEC. 10__. SUPERIOR NATIONAL FOREST LAND EXCHANGE.

(a) Purpose and Need for NorthMet Land Exchange.--

(1) Purpose.--It is the purpose of this section to further the public interest by consummating the NorthMet Land Exchange as specifically set forth in this section.

(2) Need.--According to the Final Record of Decision, the NorthMet Land Exchange is advisable and needed because the NorthMet Land Exchange will--

(A) result in a 40-acre net gain in National Forest System lands;

(B) improve the spatial arrangement of National Forest System lands by reducing the amount of ownership boundaries to be managed by 33 miles;

(C) improve management effectiveness by exchanging isolated Federal lands with no public overland access for non-Federal lands that will have public overland access and be accessible and open to public use and enjoyment;

(D) result in Federal cost savings by eliminating certain easements and their associated administration costs;

(E) meet several of the priorities identified in the land and resource management plan for Superior National Forest to protect and manage administratively or congressionally designated, unique, proposed, or recommended areas, including acquisition of 307 acres of land to the administratively proposed candidate Research Natural Areas, which are managed by preserving and maintaining areas for ecological research, observation, genetic conservation, monitoring, and educational activities;

(F) promote more effective land management that would meet specific National Forest needs for management, including acquisition of over 6,500 acres of land for new public access, watershed protection, ecologically rare habitats, wetlands, water frontage, and improved ownership patterns;

(G) convey Federal land generally not needed for other Forest resource management objectives, because such land is adjacent to intensively developed private land including ferrous mining areas, where abundant mining infrastructure and transportation are already in place, including--

(i) a large, intensively developed open pit mine lying directly to the north of the Federal land;

(ii) a private mine railroad, powerlines, and roads lying directly to the south of the Federal land; and

(iii) already existing ore processing, milling, and tailings facilities located approximately 5 miles to the west of the Federal land; and

(H) provide a practical resolution to complex issues pertaining to the development of private mineral rights underlying the Federal land surface, and thereby avoid potential litigation which could adversely impact the status and management of the Federal land and other National Forest System land acquired under the authority of section 6 of the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 515).

(b) Definitions.--In this section:

(1) Collection agreements.--The term ``Collection Agreements'' means the following agreements between the Secretary and Poly Met pertaining to the NorthMet Land Exchange:

(A) The agreement dated August 25, 2015.

(B) The agreement dated January 15, 2016.

(2) Federal land parcel.--The term ``Federal land parcel'' means all right, title, and interest of the United States in and to approximately 6,650 acres of National Forest System land, as identified in the Final Record of Decision, within the Superior National Forest in St. Louis County, Minnesota, as generally depicted on the map entitled ``Federal Land Parcel-NorthMet Land Exchange'', and dated June 2017.

(3) Non-federal land.--The term ``non-Federal land'' means all right, title, and interest of Poly Met in and to approximately 6,690 acres of land in four separate tracts

(comprising 10 separate land parcels in total) within the Superior National Forest to be conveyed to the United States by Poly Met in the land exchange as generally depicted on an overview map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange'' and dated June 2017, and further depicted on separate tract maps as follows:

(A) Tract 1.--Approximately 4,650 acres of land in St. Louis County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Hay Lake Tract'', and dated June 2017.

(B) Tract 2.--Approximately 320 acres of land in 4 separate parcels in Lake County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Lake County Lands'', and dated June 2017.

(C) Tract 3.--Approximately 1,560 acres of land in 4 separate parcels in Lake County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Wolf Lands'', and dated June 2017.

(D) Tract 4.--Approximately 160 acres of land in St. Louis County, Minnesota, generally depicted on the map entitled

``Non-Federal Land Parcel-NorthMet Land Exchange-Hunting Club Lands'', dated June 2017.

(4) Northmet land exchange.--The term ``NorthMet Land Exchange'' means the land exchange specifically authorized and directed by subsection (c).

(5) Poly met.--The term ``Poly Met'' means Poly Met Mining Corporation, Inc., a Minnesota Corporation with executive offices in St. Paul, Minnesota, and headquarters in Hoyt Lakes, Minnesota.

(6) Record of decision.--The term ``Record of Decision'' means the Final Record of Decision of the Forest Service issued on January 9, 2017, approving the NorthMet Land exchange between the United States and PolyMet Mining, Inc., a Minnesota Corporation, involving National Forest System land in the Superior National Forest in Minnesota.

(7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture.

(8) State.--The term ``State'' means the State of Minnesota.

(1) Exchange authorized and directed.--

(A) In general.--Subject to subsection (d)(3)(A) and other conditions imposed by this section, if Poly Met offers to convey to the United States all right, title, and interest of Poly Met in and to the non-Federal land, the Secretary shall accept the offer and convey to Poly Met all right, title, and interest of the United States in and to the Federal land parcel.

(B) Land exchange expedited.--Subject to the conditions imposed by this section, the NorthMet Land Exchange directed by this section shall be consummated not later than 90 days after the date of enactment of this Act.

(2) Form of conveyance.--

(A) Non-federal land.--Title to the non-Federal land conveyed by Poly Met to the United States shall be by general warranty deed subject to existing rights of record, and otherwise conform to the title approval regulations of the Attorney General of the United States.

(B) Federal land parcel.--The Federal land parcel shall be quitclaimed by the Secretary to Poly Met by an exchange deed.

(3) Exchange costs.--

(A) Reimbursement required.--Poly Met shall pay or reimburse the Secretary, either directly or through the Collection Agreements, for all land survey, appraisal, land title, deed preparation, and other costs incurred by the Secretary in processing and consummating the NorthMet Land Exchange. The Collection Agreements, as in effect on the date of the enactment of this Act, may be modified through the mutual consent of the parties.

(B) Deposit of funds.--All funds paid or reimbursed to the Secretary under subparagraph (A)--

(i) shall be deposited and credited to the accounts in accordance with the Collection Agreements;

(ii) shall be used for the purposes specified for the accounts; and

(iii) shall remain available to the Secretary until expended without further appropriation.

(4) Conditions on land exchange.--

(A) Reservation of certain mineral rights.--Notwithstanding paragraph (1), the United States shall reserve the mineral rights on approximately 181 acres of the Federal land parcel as generally identified on the map entitled ``Federal Land Parcel-NorthMet Land Exchange'', and dated June 2017.

(B) Third-party authorizations.--As set forth in the Final Record of Decision, Poly Met shall honor existing road and transmission line authorizations on the Federal land parcel. Upon relinquishment of the authorizations by the holders or upon revocation of the authorizations by the Forest Service, Poly Met shall offer replacement authorizations to the holders on at least equivalent terms.

(d) Valuation of NorthMet Land Exchange.--

(1) Appraisals.--The Congress makes the following new findings:

(A) Appraisals of the Federal and non-Federal lands to be exchanged in the NorthMet Land Exchange were formally prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, and were approved by the Secretary in conjunction with preparation of the November 2015 Draft Record of Decision on the NorthMet Land Exchange.

(B) The appraisals referred to in subparagraph (A) determined that the value of the non-Federal lands exceeded the value of the Federal land parcel by approximately

$425,000.

(A), the United States would ordinarily be required to make a

$425,000 cash equalization payment to Poly Met to equalize exchange values under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), unless such an equalization payment is waived by Poly Met.

(2) Values for consummation of land exchange.--The appraised values of the Federal and non-Federal land determined and approved by the Secretary in November 2015, and referenced in paragraph (1)--

(A) shall be the values utilized to consummate the NorthMet Land Exchange; and

(B) shall not be subject to reappraisal.

(3) Waiver of equalization payment.--

(A) Condition on land exchange.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)), and as part of its offer to exchange the non-Federal lands as provided in subsection (c)(1)(A), Poly Met shall waive any payment to it of any monies owed by the United States to equalize land values.

(B) Treatment of waiver.--A waiver of the equalization payment under subparagraph (A) shall be considered as a voluntary donation to the United States by Poly Met for all purposes of law.

(e) Maps and Legal Descriptions.--

(1) Minor adjustments.--By mutual agreement, the Secretary and Poly Met may correct minor or typographical errors in any map, acreage estimate, or description of the Federal land parcel or non-Federal land to be exchanged in the NorthMet Land Exchange.

(2) Conflict.--If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and Poly Met mutually agree otherwise.

(3) Exchange maps.--The maps referred to in subsection (b) depicting the Federal and non-Federal lands to be exchanged in the NorthMet Land Exchange, and dated June 2017, depict the identical lands identified in the Final Record of Decision, which are on file in the Office of the Supervisor, Superior National Forest.

(f) Post-exchange Land Management.--

(1) Non-federal land.--Upon conveyance of the non-Federal land to the United States in the NorthMet Land Exchange, the non-Federal land shall become part of the Superior National Forest and be managed in accordance with--

(A) the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500 et seq.); and

(B) the laws and regulations applicable to the Superior National Forest and the National Forest System.

(2) Planning.--Upon acquisition by the United States in the NorthMet Land Exchange, the non-Federal lands shall be managed in a manner consistent with the land and resource management plan applicable to adjacent federally owned lands in the Superior National Forest. An amendment or supplement to the land and resource management plan shall not be required solely because of the acquisition of the non-Federal lands.

(3) Federal land.--Upon conveyance of the Federal land parcel to Poly Met in the NorthMet Land Exchange, the Federal land parcel shall become private land and available for any lawful use in accordance with applicable Federal, State, and local laws and regulations pertaining to mining and other uses of land in private ownership.

(g) Miscellaneous Provisions.--

(1) Withdrawal of acquired non-federal land.--The non-Federal lands acquired by the United States in the NorthMet Land Exchange shall be withdrawn, without further action by the Secretary, from appropriation and disposal under public land laws and under laws relating to mineral and geothermal leasing.

(2) Withdrawal revocation.--Any public land order that withdraws the Federal land parcel from appropriation or disposal under a public land law shall be revoked without further action by the Secretary to the extent necessary to permit conveyance of the Federal land parcel to Poly Met.

(3) Withdrawal of federal land pending conveyance.--The Federal land parcel to be conveyed to Poly Met in the NorthMet Land Exchange, if not already withdrawn or segregated from appropriation or disposal under the mineral leasing and geothermal or other public land laws upon enactment of this Act, is hereby so withdrawn, subject to valid existing rights, until the date of conveyance of the Federal land parcel to Poly Met.

(4) Act controls.--In the event any provision of the Record of Decision conflicts with a provision of this section, the provision of this section shall control.

______

SA 2524. Mr. BOOKER submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 12__. REPORT ON DEPARTMENT OF DEFENSE MISSIONS,

OPERATIONS, AND ACTIVITIES IN NIGER AND THE

BROADER REGION.

(a) Report Required.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation as appropriate with the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the missions, operations, and activities of the Department of Defense in Niger and the broader region that includes the following:

(A) A description of the objectives and the associated lines of efforts of the Department in Niger and the broader region, and the benchmarks for assessing progress toward such objectives.

(B) A description of the timeline for achieving such objectives in Niger and the broader region.

(C) A justification of the relevance of such objectives in Niger and the broader region to the national security of the United States and to the objectives in the National Defense Strategy.

(D) A description of steps the Department is taking to ensure that security cooperation in Niger and the broader region is effectively coordinated with the diplomatic and development activities of the Department of State and the United States Agency for International Development.

(E) A description of the legal, operational, and fiscal authorities relating to the lines of effort of the Department in Niger and the broader region.

(F) An identification of measures to mitigate operational risk to and increase the preparedness of members of the Armed Forces conducting missions, operations, or activities in Niger or the broader region.

(G) An assessment of the command and support relationships of United States Africa Command with subordinate component commands, including Special Operations Command Africa.

(H) An identification and description of each implemented recommendation from the Army Regulation 15-6 investigation report conducted by United States Africa Command regarding the deaths of four soldiers in Niger on October 4, 2017.

(I) Any other matter the Secretary of Defense determines to be appropriate.

(2) Scope of report.--For purposes of the report required by paragraph (1), the term ``broader region'' includes Algeria, Libya, Chad, Cameroon, Nigeria, Benin, Burkina Faso, and Mali.

(b) Form.--The report required by subsection (a)(1) shall be submitted in unclassified form, but may contain a classified annex.

______

SA 2525. Ms. HIRONO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. ESTABLISHMENT OF MILITARY DENTAL RESEARCH PROGRAM.

(a) In General.--Chapter 104 of title 10, United States Code, is amended by inserting after section 2116 the following new section:

``Sec. 2116a. Military dental research

``(a) Definitions.--In this section:

``(1) The term `military dental research' means research on the furnishing of dental care and services by dentists in the armed forces.

``(2) The term `TriService Dental Research Program' means the program of military dental research authorized under this section.

``(b) Program Authorized.--The Secretary of Defense may establish at the University a program of military dental research.

``(c) Triservice Research Group.--The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.

``(d) Duties of Group.--The TriService Dental Research Group described in subsection (c) shall--

``(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and

``(2) make available to Army, Navy, and Air Force dentists and officials of the Department of Defense who conduct military dental research--

``(A) information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and

``(B) expertise and information beneficial to the encouragement of meaningful dental research.

``(e) Research Topics.--For purposes of this section, military dental research includes research on the following issues:

``(1) Issues regarding how to ensure the readiness of members of the armed forces on active duty and in the reserve components with respect to the provision of dental care and services.

``(2) Issues regarding preventive dentistry and disease management, including early detection of needs.

``(3) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.

``(4) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.

``(5) Issues regarding minimizing or eliminating emergent dental conditions and dental disease and non-battle injuries in deployed settings.

``(6) Issues regarding how to prevent complications associated with dental-related battle injuries.

``(7) Issues regarding how to prevent complications associated with the transportation of dental patients in the military medical evacuation system.

``(8) Issues regarding the use of technological advances, including distance learning and teledentistry.

``(9) Issues regarding psychological distress in receiving dental care and services.

``(10) Issues regarding how to improve methods of training dental personnel, including dental assistants and dental extenders.

``(11) Wellness issues relating to dental care and services.

``(12) Case management issues relating to dental care and services.

``(13) Issues regarding the use of alternate dental care delivery systems, including the employment of interprofessional practice models incorporating multiple health professions.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 104 of such title is amended by inserting after the item relating to section 2116 the following new item:

``2116a. Military dental research.''.

______

SA 2526. Ms. HIRONO (for herself and Mr. Menendez) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. EXEMPTION OF CERTAIN CONSTRUCTION CONTRACTS FROM

THE PERIODIC INFLATION ADJUSTMENTS TO THE

ACQUISITION-RELATED DOLLAR THRESHOLD.

Subparagraph (B) of section 1908(b)(2) of title 41, United States Code, is amended by inserting ``3131 to 3134,'' after

``sections''.

______

SA 2527. Mr. UDALL (for himself and Mr. Heinrich) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title X, insert the following:

SEC. 1052. STUDY ON PHASING OUT OPEN BURN PITS.

(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that includes--

(1) details of any ongoing use of open burn pits; and

(2) the feasibility of phasing out the use of open burn pits by using technology incinerators.

(b) Open Burn Pit Defined.--In this section, the term

``open burn pit'' means an area of land--

(1) that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

(2) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

SEC. 1053. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY.

Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.

______

SA 2528. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At appropriate place in title XVI, insert the following:

SEC. ___. ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES OF AMOUNT AND DISTRIBUTION OF

INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE

RESOURCES.

(a) Assessment.--The Comptroller General of the United States shall, in consultation with the Secretary of Defense, the Director of National Intelligence, the secretaries of the military departments, the commanders of the relevant combatant support agencies, and the commanders of the combatant commands, carry out an assessment of the amount and distribution of intelligence, surveillance, and reconnaissance resources across the intelligence community and the Armed Forces.

(b) Report.--

(1) In general.--Not later than 180 days after the date of the enactment of this act, the Comptroller General shall submit to the appropriate committees of Congress a report on the assessment required by subsection (a).

(2) Contents.--The report required by paragraph (1) shall include the following:

(A) An assessment of the amount and distribution of intelligence, surveillance, and reconnaissance resources across the intelligence community and the Armed Forces, specifically--

(i) the balance of intelligence, surveillance, and reconnaissance resources being used to support the demands of policymakers (via the intelligence community) relative to the distribution of intelligence, surveillance, and reconnaissance being used to support the demands of the commanders of the combatant commands (via the military services);

(ii) whether the distribution of such resources is optimally aligned with the National Security Strategy; and

(iii) where risks are being assumed based on balancing the distribution of intelligence, surveillance, and reconnaissance resources.

(B) An assessment of the distribution of intelligence, surveillance, and reconnaissance resources among the various combatant commands, including--

(i) whether the resources are optimally aligned with the 2018 National Defense Strategy; and

(ii) where risks are being assumed based on intelligence, surveillance, and reconnaissance resource levels.

(C) An assessment of the distribution of intelligence, surveillance, and reconnaissance resources within each combatant command, including--

(i) the balance between intelligence, surveillance, and reconnaissance resources being used to support ongoing operations versus intelligence, surveillance, and reconnaissance resources being used to support contingency operations; and

(ii) whether the resources are optimally aligned with the 2018 National Defense Strategy; and

(iii) where risks are being assumed based on intelligence, surveillance, and reconnaissance resource levels.

(D) An assessment of the effect of increasing the overall level of intelligence, surveillance, and reconnaissance resources on achieving national security objectives of the United States, as well as the effect of increasing the level of intelligence, surveillance, and reconnaissance resources for the highest priority requirements for the Director of National Intelligence and commanders of the combatant commands.

(E) Recommendations for maximizing any additional intelligence, surveillance, and reconnaissance resources to support national security objectives of the United States, particularly for the highest priority requirements for the Director and the commanders of the combatant commands, as well as how most effectively to buy-down significant strategic risks.

(3) Form.--The report submitted under paragraph (1) shall include an unclassified summary, but may otherwise be classified, as appropriate.

(1) The term ``appropriate committees of Congress'' means--

(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) The term ``intelligence community'' has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

______

SA 2529. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XVI, insert the following:

SEC. ___. UPDATING THE NATIONAL COUNTERINTELLIGENCE STRATEGY.

(a) Sense of Congress.--It is the sense of Congress that an updated National Counterintelligence Strategy should--

(1) recognize and prioritize the national security threat posed by covert influence operations by foreign intelligence entities;

(2) include coordinating a whole-of-government approach to effectively detect and counter covert influence operations by foreign intelligence entities; and

(3) be aligned with the National Security Strategy, which acknowledges the national security threat posed by covert influence operations conducted by foreign intelligence entities.

(b) Update Required.--Not later than 180 days after the date of the enactment of this act, the Director of National Intelligence shall update the National Counterintelligence Strategy to include a strategy to effectively detect and counter covert influence operations by foreign intelligence entities.

______

SA 2530. Ms. STABENOW (for herself and Mr. Peters) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 316. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND

REMEDIAL ACTIONS TO ADDRESS DRINKING, SURFACE,

AND GROUND WATER CONTAMINATION FROM PFAS.

(a) Definitions.--In this section:

(1) The term ``perfluorinated compound'' means perfluoroalkyl and polyfluoroalkyl substances (PFAS) that are man-made chemicals with at least one fully fluorinated carbon atom.

(2) The term ``fully fluorinated carbon atom'' means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.

(3) The term ``State'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(b) Cooperative Agreement.--

(1) In general.--Upon request from the governor or chief executive of a State, the Department of Defense shall work expeditiously to finalize a cooperative agreement for testing, monitoring, removal, and remedial actions to address contamination or suspected contamination of drinking, surface, or ground water from PFAS originating from an active or decommissioned military installation, including a National Guard facility.

(2) Minimum standards.--A cooperative agreement under this subsection shall meet or exceed the most stringent of the following standards for PFAS in any environmental media:

(A) An enforceable State standard for drinking, surface, or ground water, as required under section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 4621(d)).

(B) Federal Health Advisories issued by the Environmental Protection Agency.

(C) Any Federal standards, requirements, criteria, or limits, including those issued under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), the Marine Protection, Research and Sanctuaries Act (16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(1) In general.--If a cooperative agreement is not reached pursuant to subsection (b) within one year after the request from a State, the Secretary of Defense shall report to the appropriate congressional committees, as well as the Senators from the State with the contamination and the member of Congress representing the district with the PFAS contamination. The report shall provide a detailed explanation for why an agreement has not been reached and a projected timeline for completing the cooperative agreement.

(2) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--

(A) the Committee on Armed Services and the Committee on Environment and Public Works of the Senate; and

(B) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.

______

SA 2531. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. __. SECURITY ASSISTANCE FOR SUB-SAHARAN AFRICA.

(a) Requirement.--All defense articles, defense services, security and military assistance, and related cooperation provided to a country in sub-Saharan Africa shall be provided as part of a comprehensive strategy for democracy and institution-building in such country.

(b) Prohibition of Assistance.--Defense articles, defense services, security and military assistance, and related cooperation may not be provided in any fiscal year to any country in sub-Saharan Africa in which less than $2,000,000 in United States assistance in democracy and governance programming is being administered in such fiscal year unless, not less than 15 calendar days before such assistance is provided, the Secretary of State or the Secretary of Defense, as applicable, notifies the appropriate committees of Congress of the intent to provide such assistance.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2532. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. STRATEGY AND REPORT ON UNITED STATES SUPPORT FOR

SECURITY AND STABILITY IN THE SAHEL-MAGHREB.

(a) Strategy.--

(1) In general.--The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall jointly develop an integrated strategy to support security and stability in the Sahel-Maghreb.

(2) Elements.--The strategy required under paragraph (1) shall include the following:

(A) Clear goals and measurable benchmarks to measure security and stability.

(B) Funding requirements.

(C) Plans for enhancing coordination among United States and international partners and agencies to plan and implement counterterrorism and countering violent extremism assistance and development cooperation programs so as to improve coordination among donors in the Sahel-Maghreb.

(D) A specific strategy on Mali that--

(i) details the goals, aims, and objectives of United States engagement in Mali;

(ii) describes specific actions and efforts the Department of Defense, the Department of State, the United States Agency for International Development, and other relevant United States agencies will take between the date of the enactment of this Act and December 2020, relating to--

(I) sustained, high level diplomatic engagement with Mali, the African Union, and relevant allies and partners in Europe, the Middle East, and elsewhere;

(II) coordination with traditional and nontraditional donors on security assistance provided to the G-5 Sahel Joint Force and to G-5 member countries bilaterally;

(III) support for the implementation of the 2015 peace agreement;

(IV) proposals under consideration for resumption of United States security assistance programs and activities;

(V) United States support for the activities of the G-5 Sahel Joint Force and the Sahel Alliance in Mali;

(VI) prevention of mass atrocities;

(VII) plans to enhance and expand support for democracy and governance activities including support for electoral reforms and support for elections; and

(VIII) plans of the United States Agency for International Development for developing a flexible approach for implementing programs such as access to justice, anti-corruption, civil society strengthening, countering violent extremism, conflict resolution and mitigation, and decentralization in unstable areas of Mali, including northern and central Mali.

(E) A specific strategy for Niger that--

(i) details the goals, aims, and objectives of United States engagement in Niger; and

(ii) relays specific actions and efforts the Department of Defense, the Department of State, the United States Agency for International Development, and other relevant United States agencies will take between the date of enactment of this Act and December 2020, relating to ensuring an appropriate balance between engagements in defense, diplomacy, and development, including--

(I) plans for fully staffing embassy and United States Agency for International Development positions in Niger, with a specific focus on a building a robust public diplomacy team;

(II) an assessment of the utility of and plans for standing up an independent United States Agency for International Development mission;

(III) a robust plan for increased activities and funding to counter violence extremism and for conflict prevention and mitigation;

(IV) enhanced support for economic opportunity with a focus on youth employment; and

(V) increased support for democracy and governance, including support for strengthening civil society and elections preparations.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the appropriate committees of Congress a report that details the strategy developed under subsection (a) and includes a description of specific diplomatic actions, including United States Government-funded programs and activities, to advance peace and security, counter terrorism, increase economic growth and investment, promote democracy and good governance, and support development in the Sahel-Maghreb.

(c) Requirement for a Security Sector Review.--Prior to the resumption of security sector activities authorized by this Act or any other Act of Congress, the Secretary of Defense, in collaboration with the Secretary of State, shall conduct a review of the security sector in Mali to better inform planning and programming by relevant United States Government agencies.

(d) Appropriate Committees of Congress Defined.--In this section, the term `` appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2533. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. 12__. REPORT ON TRANS-SAHARA COUNTERTERRORISM

PARTNERSHIP AND PARTNERSHIP FOR REGIONAL EAST

AFRICA COUNTERTERRORISM.

(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to the appropriate committees of Congress a report that--

(1) updates the report submitted under section 1206(a)(3) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 900; 22 U.S.C. 2151 note); and

(2) provides a comprehensive review of the manner in which the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism support the policy priorities of the President in the west and northwest regions of Africa and east Africa.

(b) Matters to Be Included.--The report required by subsection (a) shall include the following:

(1) Each of the elements set forth in section 1206(a)(3) of such Act.

(2) A detailed description of the policy priorities of the President in the west and northwest regions of Africa and east Africa;

(3) An assessment of the manner in which the strategic priorities of the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism, as described in the report submitted under section 7042(b) of the Consolidated Further and Continuing Appropriations Act, 2015 (Public Law 113-235), support priorities of the President in such regions.

(4) An assessment of the manner in which security cooperation authorized to be conducted in Africa under this Act and under title 10 of the United States Code, has been coordinated with activities of the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism to meet identified policy priorities during each of the three fiscal years beginning before the date of the enactment of this Act.

(5) A description of countering violence extremism and any additional counterterrorism programs and activities implemented in Africa by the Department of State, the Department of Defense, and the United States Agency for International Development that--

(A) support such policy priorities; and

(B) are separate from the programs and activities of the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism.

(6) The amounts programmed through the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism during each of the three fiscal years beginning before the date of the enactment of this Act, including, to the maximum extent practicable, funding information disaggregated by country.

(7) Data on allocations, unobligated balances, unliquidated obligations, and disbursements for the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism by country and account for each of the three fiscal years beginning before the date of the enactment of this Act.

(8) A description of the processes in each administering agency for collecting and maintaining financial data related to the Trans-Sahara Counterterrorism Partnership and the Partnership For Regional East Africa Counterterrorism.

(c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

______

SA 2534. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. REPORT ON INTERAGENCY STRATEGY TO PROMOTE

STABILITY IN THE CENTRAL AFRICAN REPUBLIC.

(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress an update to the report on the interagency strategy to promote stability in the Central African Republic, as required by the Senate report accompanying the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235).

(b) Elements.--The report required by subsection (a) shall include an update of the elements originally submitted and the following:

(1) A detailed description of--

(A) the measures the President is taking to prevent mass atrocities in the Central African Republic; and

(B) an inventory of United States programs to promote conflict mitigation and community reconciliation in the Central African Republic, and the status of implementation of such programs.

(2) Plans for coordinating with donors to ensure full funding for humanitarian assistance to the people of the Central African Republic.

(3) Actions carried out to implement programs and activities to support robust civilian oversight of state security forces in the Central African Republic, including activities to strengthen key ministries and parliamentary oversight of defense and law enforcement bodies.

(4) An assessment of progress, current obstacles to progress, and plans of the President to support progress in disarmament, demobilization, and reintegration in the Central African Republic.

(5) An assessment of--

(A) the current status of the Special Criminal Court;

(B) whether there are any obstacles that remain to full operation of such court;

(D) any manner in which the United States may provide support to such court, including financial support and technical assistance.

(6) Recommendations for ways in which the United States may strengthen the ability of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic to protect civilians, including by assisting the United Nations to develop measures to enhance the operational readiness of the police and military forces of troop-contributing countries through enhanced training on protection of civilians.

``appropriate committees of Congress'' means--

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

______

SA 2535. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. ONE-YEAR OPEN ENROLLMENT PERIOD FOR THE SURVIVOR

BENEFIT PLAN COMMENCING OCTOBER 1, 2019.

(a) In General.--Section 645 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 1448 note) is amended--

(1) in subsection (a)(1), by striking ``the open enrollment period specified in subsection (f)'' and inserting ``an open enrollment period specified in subsection (f)''; and

(2) by striking subsection (f) and inserting the following new subsection (f):

``(f) Open Enrollment Periods.--The open enrollment periods under this section shall be the periods as follows:

``(1) The one-year period beginning on October 1, 2005.

``(2) The one-year period beginning on October 1, 2019.''.

(b) Conforming Amendments.--Such section is further amended by striking ``the open enrollment period'' each place it appears and inserting ``an open enrollment period''.

``SEC. 645. ONE-YEAR OPEN ENROLLMENT PERIODS IN SURVIVOR

BENEFIT PLAN COMMENCING OCTOBER 1, 2005, AND

OCTOBER 1, 2019.''.

______

SA 2536. Mrs. McCASKILL submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VI, add the following:

SEC. 622. ELECTION OF SUPERSEDING BENEFICIARY IN THE SURVIVOR

BENEFIT PLAN IN THE EVENT OF THE DEATH OF A

DEPENDENT CHILD BENEFICIARY.

(a) In General.--Section 1448(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

``(8) Election of new beneficiary upon death of dependent child beneficiary.--If a dependent child who is a beneficiary under the Plan dies, the participant in the Plan may elect a new beneficiary. The new beneficiary so elected shall be a natural person with an insurable interest in that participant who is not otherwise ineligible to be elected as a beneficiary under any other provision of this section at the time of election. The election shall be made, if at all, not later than 180 days after the date of death of the dependent child.''.

(b) Effective Date.--

(1) In general.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to participants in the Survivor Benefit Plan for deaths of dependent child beneficiaries in the Plan that, subject to paragraph (2), occur on or after that date.

(2) Deaths of children before enactment.--A participant in the Survivor Benefit Plan may make an election under paragraph (8) of section 1448(b) of title 10, United States Code (as added by subsection (a)), in connection with the death of a dependent child beneficiary that occurred before the date of the enactment of this Act, regardless of the date of death. Any such election shall be made, if at all, not later than 180 days after the date of the enactment of this Act.

______

SA 2537. Ms. STABENOW (for herself, Mr. Peters, Ms. Baldwin, Ms. Duckworth, Mr. Donnelly, Mr. Young, Mr. Brown, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 10__. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT

SAINTE MARIE, MICHIGAN.

It is the sense of Congress that--

(1) the Soo Locks in Sault Ste. Marie, Michigan, are of critical importance to the national security of the United States;

(2) the Soo Locks are the only waterway connection from Lake Superior to the Lower Great Lakes and the St. Lawrence Seaway;

(3) only the Poe Lock is of sufficient size to allow for the passage of the largest cargo vessels that transport well over 90 percent of all iron ore mined in the United States, and this lock is nearing the end of its 50-year useful lifespan;

(4) a report issued by the Office of Cyber and Infrastructure Analysis of the Department of Homeland Security concluded that an unscheduled 6-month outage of the Poe Lock would cause--

(A) a dramatic increase in national and regional unemployment; and

(B) 75 percent of Great Lakes steel production, and nearly all North American appliance, automobile, railcar, and construction, farm, and mining equipment production to cease;

(5) the Corps of Engineers is reevaluating a past economic evaluation report to update the benefit-to-cost ratio for building a new lock at the Soo Locks; and

(6) the Secretary of the Army and all relevant Federal agencies should--

(A) expedite the completion of the report described in paragraph (5) and ensure the analysis adequately reflects the critical importance of the Soo Locks infrastructure to the national security and economy of the United States; and

(B) expedite all other necessary reviews, analysis, and approvals needed to speed the required upgrades at the Soo Locks.

______

SA 2538. Mr. GARDNER (for himself, Mr. Coons, and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. MANDATORY SANCTIONS WITH RESPECT TO IRAN RELATING

TO SIGNIFICANT ACTIVITIES UNDERMINING UNITED

STATES CYBERSECURITY.

(a) Investigation.--The President shall initiate an investigation into the possible designation of an Iranian person under subsection (b) upon receipt by the President of credible information indicating that the person has engaged in conduct described in subsection (b).

(b) Designation.--The President shall designate under this subsection any Iranian person that the President determines has knowingly--

(1) engaged in significant activities undermining United States cybersecurity conducted by the Government of Iran; or

(2) acted for or on behalf of the Government of Iran in connection with such activities.

(c) Sanctions.--The President shall block and prohibit all transactions in all property and interests in property of any Iranian person designated under subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(d) Suspension of Sanctions.--

(1) In general.--The President may suspend the application of sanctions under subsection (c) with respect to an Iranian person only if the President submits to the appropriate congressional committees in writing a certification described in paragraph (2) and a detailed justification for the certification.

(2) Certification described.--

(A) In general.--A certification described in this paragraph with respect to an Iranian person is a certification by the President that--

(i) the person has not, during the 12-month period immediately preceding the date of the certification, knowingly engaged in activities that would qualify the person for designation under subsection (b); and

(ii) the person is not expected to resume any such activities.

(B) Form of certification.--The certification described in subparagraph (A) shall be submitted in unclassified form but may include a classified annex.

(e) Reimposition of Sanctions.--If sanctions are suspended with respect to an Iranian person under subsection (d), such sanctions shall be reinstated if the President determines that the person has resumed the activity that resulted in the initial imposition of sanctions or has engaged in any other activity subject to sanctions relating to the involvement of the person in significant activities undermining United States cybersecurity on behalf of the Government of Iran.

(f) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), or any other provision of law.

(g) Report.--

(1) In general.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes significant activities undermining United States cybersecurity conducted by the Government of Iran, a person owned or controlled, directly or indirectly, by that Government, or any person acting for or on behalf of that Government.

(2) Elements.--Each report required by paragraph (1) shall include the following:

(A) An assessment of the extent to which a foreign government has provided material support to the Government of Iran, to any person owned or controlled, directly or indirectly, by that Government, or to any person acting for or on behalf of that Government, in connection with the conduct of significant activities undermining United States cybersecurity.

(B) A strategy to counter efforts by Iran to conduct significant activities undermining United States cybersecurity that includes a description of efforts to engage foreign governments in preventing the Government of Iran, persons owned or controlled, directly or indirectly, by that Government, and persons acting for or on behalf of that Government from conducting significant activities undermining United States cybersecurity.

(3) Form of report.--Each report required by paragraph (1) shall be submitted in an unclassified form but may include a classified annex.

(h) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(2) Cybersecurity.--The term ``cybersecurity'' means the activity or process, ability or capability, or state whereby information and communications systems and the information contained therein are protected from or defended against damage, unauthorized use or modification, or exploitation.

(3) Iranian person.--The term ``Iranian person'' means--

(A) an individual who is a citizen or national of Iran; or

(B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran.

(4) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

(5) United states person.--The term ``United States person'' means--

(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

______

SA 2539. Mr. DONNELLY submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VIII, add the following:

SEC. 823. PREVENTING OUTSOURCING.

(a) Consideration of Outsourcing.--

(1) 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 (29 U.S.C. 2101(a)) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States 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.''.

(2) 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.''.

(b) Exclusion of Firms From Sources.--Section 2304(b) of such title is amended--

(1) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively;

(2) 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

(3) in paragraph (3), as so redesignated, by striking

``paragraphs (1) and (2)'' and inserting ``paragraphs (1),

(2), and (3)''.

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation Supplement to carry out the requirements of section 2327a of title 10, United States Code, as added by this section.

(2) Training and guidance.--The Secretary of Defense shall develop and provide clear training and guidance to acquisition officials, contracting officers, and current and potential contractors regarding implementation policies and practices for section 2327a of title 10, United States Code, as added by this section.

(3) Definition of outsourcing.--For purposes of defining outsourcing pursuant to paragraphs (1) and (2), the Secretary of Defense 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 2540. Mr. DONNELLY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 1250. REVIEW OF ASSESSMENT OF COMPLIANCE OF PEOPLE'S

REPUBLIC OF CHINA WITH UNITED STATES AND UNITED

NATIONS SECURITY COUNCIL NUCLEAR- AND MISSILE-

RELATED SANCTIONS WITH RESPECT TO NORTH KOREA.

(a) In General.--The Comptroller General of the United States shall conduct a review of the assessment of the Department of the Treasury and the Department of State of the compliance of the People's Republic of China with nuclear- and missile-related sanctions imposed by the United States and the United Nations Security Council with respect to North Korea.

(b) Elements.--The review required by subsection (a) shall include the following, for the period beginning on January 1, 2016, and ending on the date of the enactment of this Act:

(1) A description of the key economic and trade relationships between the People's Republic of China and North Korea.

(2) An examination of the assessment of the Department of the Treasury and the Department of State of the compliance of the People's Republic of China with sanctions described in subsection (a), including during the period in 2018 during which the United States and North Korea conducted negotiations relating to the nuclear program of North Korea.

(3) An analysis of the efforts of the United States to obtain the compliance of the People's Republic of China with such sanctions.

(c) Interim Briefing.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the appropriate congressional committees an interim briefing on the review required by subsection (a).

(d) Final Report.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report that includes the results of the review required by subsection (a).

(e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

______

SA 2541. Mr. DONNELLY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XII, add the following:

SEC. 1226. REVIEW OF REINSTATEMENT OF UNITED STATES SANCTIONS

IMPOSED WITH RESPECT TO IRAN AND WAIVED

PURSUANT TO JOINT COMPREHENSIVE PLAN OF ACTION.

(a) In General.--The Comptroller General of the United States shall conduct a review of the reinstatement by the United States of sanctions imposed with respect to Iran that were waived pursuant to the terms of the Joint Comprehensive Plan of Action.

(b) Elements.--The review required by subsection (a) shall include the following:

(1) A description and evaluation of the United States interagency processes involved in planning for and implementing the reinstatement of the sanctions described in subsection (a), from 2017 through 2019.

(2) An analysis of the effect of personnel and resource shortfalls at the Department of the Treasury and the Department of State on the implementation of the reinstatement of such sanctions.

(3) An analysis of the anticipated compliance and enforcement challenges resulting from unilaterally reinstating sanctions with respect to Iran.

(e) Definitions.--In this section:

(1) Appropriate congressional committees.--The term

``appropriate congressional committees'' means--

(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Joint comprehensive plan of action.--The term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action.

______

SA 2542. Mr. DONNELLY (for himself and Mr. Young) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 94, lines 21 and 22, strike ``to the maximum extent practicable'' and insert ``based on the Federal Acquisition Regulations''.

______

SA 2543. Mr. DONNELLY submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title VIII, add the following:

SEC. 864. PILOT PROGRAM TO DEVELOP INDUSTRIAL BASE PLANS AND

PROJECTIONS FOR MAJOR DEFENSE ACQUISITION

PROGRAMS.

(a) In General.--The Secretary of Defense, working through the Under Secretary of Defense for Acquisition and Sustainment, and in coordination with the Secretaries of the military departments, shall establish a pilot program to develop industrial base plans and projections for elements of the defense industrial bases that support selected major defense acquisition programs.

(b) Designation of MDAPs.--The Secretary of Defense shall designate not less than two major defense acquisition programs for each military department to participate in the pilot program. Not less than two of the programs designated shall be software-intensive systems.

(1) In general.--For each major defense acquisition program designated to participate in the pilot program, the Secretary concerned, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop an information repository that includes information on--

(A) primary and subtier suppliers of major and critical components, technologies, and services supporting the program;

(B) the location of each supplier, as well as the location of any supplier facilities supporting the program that are located outside of the United States;

(C) the ability of each supplier to support the requirements of the program over the future-years defense program and the next 10 years;

(D) for each supplier or supplier facility as referenced in subsection (b)(1)(B) that is not located in Australia, New Zealand, Canada, or the United Kingdom, an assessment of the time and cost associated with securing an alternative domestic source of supply should the need arise;

(E) critical shortfalls in specific elements of the program's supporting industrial base; and

(F) other information as deemed appropriate by the Under Secretary of Defense for Acquisition and Sustainment.

(2) Use of repository.--The Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials shall use the repositories established under paragraph (1) to assess critical shortfalls and dependence on industrial base capabilities that affect multiple programs, including programs not participating in the pilot program under this section.

(d) Annual Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on activities under the pilot program, including--

(1) identification of programs participating in the pilot;

(2) a description of the information repository and analysis tools being used to support the program;

(3) a description of industrial base shortfalls identified in the pilot program; and

(4) a description of the overseas locations identified under subsection (c)(1)(B), and an assessment of industrial base risks associated with those locations over the future-years defense program and the next 10 years.

______

SA 2544. Mr. REED submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title X, add the following:

SEC. 1026. RISKS FACED BY FORMER DETAINEES AT UNITED STATES

NAVAL STATION, GUANTANAMO BAY, CUBA, WHO ARE OF

LIBYAN, UIGHUR, OR YEMENI ORIGIN IN RETURN TO

THEIR COUNTRY OF NATIONALITY.

(a) Sense of Senate.--

(1) Findings.--The Senate makes the following findings:

(A) Countries that have agreed to accept detainees from the detention center at United States Naval Station, Guantanamo Bay, Cuba, have an obligation under international law to ensure the individuals are not transferred to countries where there is a real risk of torture, arbitrary deprivation of life, or other violations of fundamental rights.

(B) Dozens of former detainees at the detention center who are of Libyan, Uighur and Yemeni origin are currently resettled in third countries.

(2) Sense of senate.--It is the sense of the Senate that the countries that host former detainees who are of Libyan, Uighur, or Yemini origin should be cognizant of their obligations under international law when making decisions about such former detainees.

(b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the congressional defense committees a report on the risk of torture, arbitrary deprivation of life, or other violations of fundamental rights that former detainees at United States Naval Station, Guantanamo Bay, who are of Libyan, Uighur, or Yemeni origin would face if returned to their country of nationality.

______

SA 2545. Mr. BENNET submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. ___. PLAN FOR RESEARCH AND DEMONSTRATIONS OF AUTONOMOUS

VEHICLE SYSTEMS TO REDUCE BASE OPERATIONS

COSTS.

(a) Plan Required.--Not later than the date that is one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Secretaries of the military departments and the Under Secretary of Defense for Research and Engineering, submit to the congressional defense committees a plan for the development, demonstration, and employment of autonomous vehicle technologies to reduce base operations costs.

(b) Elements.--The plan required by subsection (a) shall include the following:

(1) An overview of the potential for autonomous vehicles to reduce base operations costs.

(2) A description of the potential of commercially-available autonomous vehicles to be demonstrated on military installations in the next three years, including emerging transportation technologies on-base, especially those that help reduce costs, improve safety, and deliver required services more efficiently and effectively.

(3) A description of the benefits of coordination with industrial, academic, and State and local partners in demonstrations of and deployment of autonomous vehicles to reduce base operations costs.

(4) Plans for research and development activities, including establishment of testbeds, that would improve the capabilities of autonomous vehicles to reduce base operations costs.

(5) Plans to develop data collection methodologies, data analysis techniques, and metrics to evaluate the success of initiatives relating to the development, demonstration, and employment of autonomous vehicle technologies to reduce base operations costs.

(6) Plans for specific demonstration activities at military installations relating to employment of autonomous vehicle technologies to reduce base operations costs.

______

SA 2546. Mr. BENNET submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title II, add the following:

SEC. ___. STRATEGY FOR MAINTAINING UNITED STATES LEADERSHIP

AND COMPETITIVENESS IN ARTIFICIAL INTELLIGENCE.

(a) Strategy Required.--

(1) In general.--The Secretary of Defense shall, in coordination with the Secretary of State and the Director of National Intelligence, develop a long-term strategy for maintaining the leadership and competitiveness of the United States in the use of artificial intelligence technologies in national security.

(2) Considerations.--In developing the strategy required by paragraph (1), the Secretary of Defense shall consider the following:

(A) Long-term global trends of state and non-state actor development and use of artificial intelligence technologies.

(B) Ethical implications of development of and use of artificial intelligence in national security.

(D) Opportunities for international cooperation to establish international norms for the use of artificial intelligence technologies in national security.

(E) The benefits and risks of using artificial intelligence technologies in national security.

(F) Workforce development requirements and challenges.

(G) Assessments of capabilities and technologies under development by the private sector and non-governmental organizations.

(3) Submittal.--Not later than 30 days after the completion of the strategy required by paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the strategy. Such strategy shall be submitted in unclassified form, but may include a classified annex.

(b) Report on Artificial Intelligence and National Security.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the following:

(A) Long-term global trends of state and non-state actor development and use of artificial intelligence technologies.

(B) Ethical implications of development of and use of artificial intelligence in national security.

(D) Opportunities for international cooperation to establish international norms for the use of artificial technologies in national security.

(E) The benefits and risks of using artificial intelligence technologies for national security.

(2) Form.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the congressional defense committees;

(2) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003));

(3) the Committee on Foreign Relations of the Senate; and

(4) the Committee on Foreign Affairs of the House of Representatives.

______

SA 2547. Mrs. SHAHEEN (for herself and Mr. Coons) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 1626 and insert the following:

SEC. 1626. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE

INDUSTRIAL SUPPLY CHAIN ON MATTERS RELATING TO

CYBERSECURITY.

(a) Dissemination of Cybersecurity Resources.--

(1) In general.--The Under Secretary of Defense for Research and Engineering, in consultation with the Director of the National Institute of Standards and Technology and the Administrator of the Small Business Administration, shall take such actions as may be necessary to enhance awareness of cybersecurity threats among small manufacturers in the defense industrial supply chain.

(2) Priority.--The Under Secretary of Defense for Research and Engineering shall prioritize efforts to increase awareness to help reduce cybersecurity risks faced by small manufacturers described in paragraph (1), including through the use of small business development centers and the Hollings Manufacturing Extension Partnership.

(3) Sector focus.--The Under Secretary of Defense for Research and Engineering shall carry out this subsection with a focus on such industry sectors as the Under Secretary considers critical.

(4) Outreach events.--Under paragraph (1), the Under Secretary of Defense for Research and Engineering shall conduct outreach to support activities consistent with this section. Such outreach may include live events with a physical presence and outreach conducted through Internet websites.

(b) Voluntary Cybersecurity Self-assessments.--The Under Secretary of Defense for Research and Engineering shall develop mechanisms to provide assistance to help small manufacturers conduct voluntary self-assessments in order to understand operating environments, cybersecurity requirements, and existing vulnerabilities, including through the Mentor Protege Program, small business programs, and engagements with defense laboratories and test ranges.

(1) In general.--The Under Secretary of Defense for Research and Engineering shall promote the transfer of appropriate technology and techniques developed in the Department of Defense to small manufacturers throughout the United States to implement security measures that are adequate to protect covered defense information, including controlled unclassified information.

(2) Coordination with other federal expertise and capabilities.--The Under Secretary of Defense for Research and Engineering shall coordinate efforts, when appropriate, with the expertise and capabilities that exist in Federal agencies and federally sponsored laboratories.

(3) Agreements.--In carrying out this subsection, the Under Secretary of Defense for Research and Engineering may enter into agreements with private industry, institutes of higher education, or a State, United States territory, local, or tribal government to ensure breadth and depth of coverage to the United States defense industrial base and to leverage resources.

(d) Defense Acquisition Workforce Cyber Training Program.--The Secretary of Defense shall establish a cyber counseling certification program, or approve a similar existing program, to certify small business professionals and other relevant acquisition staff within the Department of Defense and designated employees of small business development centers to provide cyber planning assistance to small manufacturers in the defense industrial supply chain. Subject to the availability of appropriations, the Department of Defense may reimburse small business development centers for costs related to certification training under this subsection.

(e) Authorities.--In executing this program, the Secretary may use the following authorities:

(1) The Manufacturing Technology Program established under section 2521 of title 10, United States Code.

(2) The Centers for Science, Technology, and Engineering Partnership program under section 2368 of title 10, United States Code.

(3) The Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code.

(4) The Small Business Innovation Research program.

(5) The mentor-protege program.

(6) Other legal authorities as the Secretary deems necessary for the effective and efficient execution of the program.

(f) Definitions.--In this section:

(1) Resources.--The term ``resources'' means guidelines, tools, best practices, standards, methodologies, and other ways of providing information.

(2) Small business concern.--The term ``small business concern'' means a small business concern as that term is used in section 3 of the Small Business Act (15 U.S.C. 632).

(3) Small business development center.--The term ``small business development center'' means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).

(4) Small manufacturer.--The term ``small manufacturer'' means a small business concern that is a manufacturer.

(5) State.--The term ``State'' means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

______

SA 2548. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 718, between lines 7 and 8, insert the following:

(3) affect the integrity or outcome of United States elections at any level, including at the Federal, State, and local levels;

______

SA 2549. Mr. JONES submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title V, add the following:

SEC. 550. REPORTS ON RACIAL AND SEXUAL DISPARITIES IN

DEMOGRAPHICS OF MILITARY JUSTICE AND

DISCIPLINARY PROCEEDINGS AGAINST MEMBERS OF THE

ARMED FORCES.

(a) Reports Required.--Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the President, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on racial and sexual disparities in the demographics of military justice and disciplinary proceedings against members of the Armed Forces under the jurisdiction of such Secretary during the 15-year period ending on the date of the enactment of this Act.

(b) Elements.--Each report under subsection (a) shall include the following, conducted by the Secretary of the military department concerned for purposes of such report:

(1) A comprehensive demographic analysis of military justice and other disciplinary proceedings against members of the Armed Forces concerned during the period described in subsection (a).

(2) A comprehensive analysis and description of any disparities in justice or other proceedings among such members based on race or sex.

______

SA 2550. Ms. WARREN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VI, add the following:

SEC. 633. POLICY ON CONSIDERATION OF FRAUD AGAINST MEMBERS OF

THE ARMED FORCES OR THEIR DEPENDENTS IN

DETERMINATIONS TO PERMIT FINANCIAL INSTITUTIONS

TO OPERATE ON MILITARY INSTALLATIONS.

The Secretary of Defense may issue a formal policy, applicable Department of Defense-wide, requiring that any determination after the date of issuance of the policy on whether to permit or continue to permit a financial institution to operate on a military installation of the Department of Defense shall take into account, in such manner as the Secretary shall specify for purposes of the policy, the nature and scope of any order against the financial institution pursuant to section 987 of title 10, United States Code (commonly referred to as the ``Military Lending Act''), or the Servicemembers' Civil Relief Act (50 U.S.C. App. 501 et seq.) involving members of the Armed Forces or their dependents.

______

SA 2551. Ms. WARREN submitted an amendment intended to be proposed by her to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. REPORTS ON MID-AIR REFUELING OF AIRCRAFT OF THE

SAUDI-LED COALITION CONDUCTING OPERATIONS IN

YEMEN.

(a) Reports Required.--Not later than 60 days after the date of the enactment of this Act, and every 60 days thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on any mid-air refueling provided by the United States under a covered acquisition or cross-servicing agreement for any aircraft of the Saudi-led coalition for purposes of a mission in or against Yemen.

(b) Elements.--Each report under subsection (a) shall include, for the 60-day period ending on the date of such report, the following:

(1) An identification of each aircraft of the Saudi-led coalition provided mid-air refueling as described in subsection (a).

(2) The intended target or targets of such aircraft on the mission during which refueled.

(3) The targets struck by such aircraft on such mission.

(4) The results of such mission.

(d) Definitions.--In this section:

(1) The term ``covered acquisition or cross-servicing agreement'' means an agreement under section 2342 of title 10, United States Code, or any other acquisition or cross-servicing agreement, with Saudi Arabia or a country of the Saudi-led coalition.

(2) The term ``Saudi-led coalition'' means the coalition of countries led by Saudi Arabia that is conducting military operations in or against Yemen.

______

SA 2552. Mr. UDALL (for himself and Mr. Heinrich) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B in title XXXI, add the following:

SEC. 3119. SENSE OF CONGRESS REGARDING URANIUM MINING AND

NUCLEAR WEAPONS TESTING.

It is the sense of Congress that the United States should compensate and recognize all of the miners, workers, downwinders, and others suffering from the effects of uranium mining and nuclear weapons testing carried out during the Cold War.

______

SA 2553. Mr. LANKFORD (for himself, Mrs. Shaheen, and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 682, line 18, strike ``the title for'' and insert

``or deliver''.

______

SA 2554. Mrs. FISCHER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title III, add the following:

SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL

REQUIREMENTS.

(a) In General.--Not later than February 1, 2019, the Secretary of the Air Force shall conduct an assessment and submit to the congressional defense committees a report detailing the operational requirements for Air Force airfields.

(b) Elements.--The report required under subsection (a) shall include the following elements:

(1) An assessment of the state of airfields where runway degradation currently poses a threat to operations and airfields where such degradation threatens operations in the next five and ten years.

(2) A description of the operational requirements for airfields, including an assessment of the impact to operations, cost to repair, cost to replace, remaining useful life, and the required daily maintenance to ensure runways are acceptable for full operations.

(3) A description of any challenges with infrastructure acquisition methods and processes.

(4) An assessment of the operational impact in the event a runway were to become inoperable due to a major degradation incident, such as a crack or fracture resulting from lack of maintenance and repair.

(5) A plan to address any shortfalls associated with the Air Force's runway infrastructure.

(c) Form.--The report required under subsection (a) shall be in unclassified form but may contain a classified annex as necessary.

______

SA 2555. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 316. REQUIRED GULF OF MEXICO LEASE SALES.

(a) In General.--Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--

(1) in subsection (a), in the matter preceding paragraph

(1), by striking ``June 30, 2022'' and inserting ``June 30, 2019''; and

(2) by adding at the end the following:

``(d) Extension of Moratorium.--Effective during the period beginning on July 1, 2019 and ending on June 30, 2026, the Secretary shall not offer for leasing, preleasing, or any related activity any area in the Eastern Planning Area that is within 50 miles of the coastline of the State of Florida.''.

(b) Required Lease Sales.--

(1) Definitions.--In this subsection:

(A) Eastern planning area.--The term ``Eastern Planning Area'' means the Eastern Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled ``2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program'' and dated January 2018.

(B) Oil and gas leasing program.--The term ``oil and gas leasing program'' means the 5-year oil and gas leasing program prepared by the Secretary of the Interior under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) (as in effect on the date of the applicable lease sale under paragraph (2)).

(2) Required lease sales.--Notwithstanding any omission of any portion of the Eastern Planning Area from the oil and gas leasing program, the Secretary shall--

(A) offer for oil and gas leasing under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) all available leases in the Eastern Planning Area; and

(B) conduct--

(i) not fewer than 1 lease sale in the Eastern Planning Area before December 31, 2020; and

(ii) a second lease sale in the Eastern Planning Area before December 31, 2023.

______

SA 2556. Mr. KAINE (for himself, Mr. Flake, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVIII--AUTHORIZATION FOR USE OF MILITARY FORCE

SEC. 1801. SHORT TITLE.

This title may be cited as the ``Authorization for Use of Military Force Against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria''.

SEC. 1802. PURPOSES.

The purposes of this title are as follows:

(1) To update the Authorization for Use of Military Force

(Public Law 107-40; 50 U.S.C. 1541 note) in order to provide legal authority for military action against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria due to the continued threat they pose to the United States.

(2) To establish a process for oversight by Congress of military action against persons or forces associated with al-Qaeda, the Taliban, or the Islamic State of Iraq and Syria that pose a direct threat to the United States.

(3) To repeal the Authorization for Use of Military Force and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note).

SEC. 1803. AUTHORIZATION FOR USE OF UNITED STATES ARMED

FORCES TO PREVENT FUTURE ACTS OF INTERNATIONAL

TERRORISM AGAINST THE UNITED STATES.

(a) Authorization.--In order to prevent any future acts of international terrorism against the United States, the President is authorized to use all necessary and appropriate force against--

(1) al-Qaeda and the Taliban;

(2) the Islamic State of Iraq and Syria (also known as the Islamic State of Iraq and the Levant, the Islamic State, Daesh, ISIS, and ISIL); and

(3) associated persons or forces as provided in section 1804.

(b) War Powers Resolution Requirements.--

(1) Specific statutory authorization.--Consistent with section 8(a)(1) of the War Powers Resolution (50 U.S.C. 1547(a)(1)), Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).

(2) Applicability of other requirements.--Nothing in this title supersedes any requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).

SEC. 1804. ASSOCIATED PERSONS OR FORCES.

(a) Associated Persons and Forces.--For purposes of section 3(a)(3), the term ``associated persons or forces'' means any person or force, other than a sovereign nation, that--

(1) is a part of, or substantially supports al-Qaeda, the Taliban, or the Islamic State of Iraq and Syria; and

(2) is engaged in hostilities against the United States, its Armed Forces, or its other personnel.

(b) Initial Associated Persons or Forces.--

(1) In general.--For purposes of section 3(a)(3), the term

``associated persons or forces'' includes any person or force meeting the definition in subsection (a) that is specified in the report under paragraph (2).

(2) Report.--Not later than 60 days after the date of the enactment of this title, the President shall submit to Congress a report specifying the persons or forces (other than the groups al-Nusra Front (also known as Jabhat al-Nusra and Jabhat Fateh al-Sham), Khorasan Group, al-Qaeda in the Arabian Peninsula, and al-Shabaab, which Congress considers to be associated persons or forces for purposes of this title) that are associated persons or forces under subsection

(a) as of the date of the enactment of this title.

(3) Disapproval.--The treatment of persons or forces specified in the report under paragraph (2) as associated persons or forces under subsection (a) is subject to disapproval in accordance with section 1806.

(1) In general.--For purposes of section 3(a)(3), the term

``associated persons or forces'' shall also include any person or force meeting the definition in subsection (a) that is specified in a report under paragraph (2).

(2) Report.--Upon a determination by the President that any persons or forces not previously treated as associated persons or forces for purposes of section 1803(a)(3) shall be treated under this subsection as associated persons or forces, the President shall submit to Congress a report specifying that such persons or forces are to be treated under this subsection as associated persons or forces. Persons or forces may not be specified in such a report if such persons or forces have previously been disapproved in accordance with section 6 for treatment as associated persons or forces under subsection (a).

(3) Disapproval.--The treatment of persons or forces specified in a report under paragraph (2) as associated persons or forces under subsection (a) is subject to disapproval in accordance with section 1806.

SEC. 1805. COUNTRIES IN WHICH OPERATIONS AUTHORIZED.

Subject to disapproval in accordance with section 1806, the use of force authorized by section 3 may take place in a country (other than Afghanistan, Iraq, Syria, Somalia, Libya, or Yemen) if the President submits to Congress a report on the use of force in such country that includes the following;

(1) The name of the country in which the use of force will take place.

(2) A description of the presence in the country of al-Qaeda, the Taliban, or the Islamic State of Iraq and Syria, or associated persons or forces currently covered by section 1804.

(3) A justification why the use of force in the country is necessary and appropriate.

SEC. 1806. EXPEDITED PROCEDURES FOR JOINT RESOLUTION OF

DISAPPROVAL OF USE OF FORCE AGAINST INITIAL OR

ADDITIONAL ASSOCIATED PERSONS OR FORCES OR IN

OTHER COUNTRIES.

(a) Resolution of Disapproval.--For purposes of this section, the term ``resolution'' means only a joint resolution of the two Houses of Congress--

(1) the title of which is as follows: ``A joint resolution of disapproval of an addition by the President to the scope of the Authorization for Use of Military Force against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria.'';

(2) which does not have a preamble; and

(3) either--

(A) with respect to a report submitted under section 1804(b) or 1804(c), the matter after the resolving clause of which is as follows: ``That Congress does not approve the use of force against _______ under the Authorization for Use of Military Force against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria.'', the blank space being filled with the persons or forces concerned; or

(B) with respect to a report submitted under section 1805, the matter after the resolving clause of which is as follows:

``That Congress does not approve the use of force in _______ under the Authorization for Use of Military Force against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria.'', the blank space being filled with the country concerned.

(b) Consideration in the Senate.--

(1) Referral.--Any resolution introduced in the Senate shall be referred to the Committee on Foreign Relations.

(2) In general.--If the committee has not reported a resolution within 10 session days after the date of referral of the resolution, the committee shall be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar.

(3) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which the resolution is reported or discharged from the committees, for the Majority Leader of the Senate or the Majority Leader's designee to move to proceed to the consideration of the resolution. Thereafter, it shall be in order for any Member of the Senate to move to proceed to the consideration of the resolution at any time. A motion to proceed is not in order if a previous motion to the same effect has been disposed of. All points of order against the motion to proceed to the resolution are waived. The motion to proceed is not debatable. The motion to proceed to the resolution is not subject to a motion to postpone. A motion to reconsider the vote by which the motion to proceed is agreed to or disagreed to shall not be in order.

(4) Waiver of all points of order.--All points of order against the resolution (and against consideration of the resolution) are waived.

(5) Rules to coordinate action with other house.--If, before the passage by one House of a resolution of that House, the House receives from the other House a resolution identical to a resolution introduced in that House, then the following procedures shall apply:

(A) The resolution of the other House shall not be referred to a committee.

(B) The procedure in the receiving House shall be the same as if no resolution has been received from the other House until the vote on passage, when the identical resolution received from the other House shall supplant the resolution of the receiving House.

(C) If one House fails to introduce or consider a resolution identical to one passed by the other House, the resolution of the other House shall be entitled to expedited floor procedures under this subsection.

(D) If, following passage of the resolution in the Senate, the Senate receives an identical resolution from the House of Representatives, the companion measure shall not be debatable. The vote on passage of the identical resolution in the Senate shall be considered to be the vote on passage of the resolution received from the House of Representatives.

(1) In general.--If Congress passes a resolution, the period beginning on the date the President is presented with the resolution and ending on the date the President takes action with respect to the resolution shall be disregarded in computing the 60-calendar-day period described in section 1807(b).

(2) Vetoes.--If the President vetoes a resolution--

(A) the period beginning on the date the President vetoes the resolution and ending on the date the Congress receives the veto message with respect to the resolution shall be disregarded in computing the 60-calendar-day period described in section 1807(b); and

(B) debate in the Senate of any veto message with respect to the resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the Majority Leader and the Minority Leader of the Senate or their designees.

SEC. 1807. EFFECT OF ENACTMENT OF JOINT RESOLUTION OF

DISAPPROVAL OF USE OF FORCE AGAINST INITIAL OR

ADDITIONAL ASSOCIATED PERSONS OR FORCES OR IN

OTHER COUNTRIES.

(a) In General.--

(1) Against initial or additional associated persons or forces.--Subject to subsection (b), upon the enactment by Congress of a resolution described in section 1806(a) with respect to the use of force pursuant to section 3 against initial associated persons or forces pursuant to 1804(b), or against additional associated persons or forces pursuant to section 1804(c), the authority under this title to use force against such persons or forces shall cease.

(2) In other counties.--Subject to subsection (b), upon the enactment by Congress of a resolution described in section 1806(a) with respect to the use of force pursuant to section 3 in another country pursuant to section 5, the authority under this title to use force in that country shall cease.

(b) Deadline for Effectiveness.--Except as provided in section 1806(c), a resolution described in section 1806(a) is effective only if enacted during the 60-calendar-day period beginning on the date on which the President submits to Congress the report on the associated persons or forces concerned under section 1804(b) or 1804(c) or on the country concerned under section 1805, as applicable.

(c) Authorization.--The authority sought by the President pursuant to the report under section 1804(b), to specify initial associated persons or forces to be covered by section 1803(a)(3), pursuant to a report under section 1804(c), to add additional associated persons or forces to the associated persons or forces currently covered by section 1803(a)(3), or pursuant to a report under section 1805, to authorize the use of force under section 1803 in a country or countries not explicitly set forth in section 1805, shall exist as of the date of the report concerned and continue until a resolution of disapproval described in section 1806(a), if any, is enacted by Congress in accordance with section 1806.

SEC. 1808. DURATION OF AUTHORIZATION.

(a) In General.--In order to encourage periodic review of the use of force authorized by this title, the authorization for use of force in section 1803 shall terminate five years after the date of the enactment of this title, unless reauthorized by Congress.

(b) Reauthorization.--Before the expiration of this title, this title may be reauthorized pursuant to section 1811.

SEC. 1809. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE.

The Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is repealed, effective 60 days after the date of the enactment of this title.

SEC. 1810. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE

AGAINST IRAQ RESOLUTION OF 2002.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is repealed, effective 60 days after the date of the enactment of this title.

SEC. 1811. EXPEDITED PROCEDURES FOR REAUTHORIZATION OF

AUTHORIZATION FOR THE USE OF MILITARY FORCE.

(a) Resolution of Reauthorization.--For purposes of this section, the term ``resolution'' also means a joint resolution of the two Houses of Congress--

(1) which is introduced not later than 180 before the date of the expiration of this title in accordance with section 8(a);

(2) the title of which is as follows: ``A joint resolution to reauthorize the Authorization for Use of Military Force against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria.'';

(3) which does not have a preamble; and

(4) the matter after the enacting clause of which is as follows: ``The Authorization for the Use of Military Force against al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria is amended in section 8(a) by striking `5 years' and inserting `10 years'.''.

(b) Expedited Procedures.--Consideration of the resolution described in subsection (a) shall be governed by the procedures set forth in section 1806, as if the resolution described in subsection (a) were a resolution described in section 1806(a), including the procedures relating to veto messages specified in section 1806(c).

SEC. 1812. REPORTS TO CONGRESS.

(a) Strategy.--Not later than 90 days after the date of the enactment of this title, the President shall submit to the appropriate committees and leadership of Congress a report setting forth a comprehensive strategy of the United States, encompassing military, economic, humanitarian, and diplomatic capabilities, to protect the United States from al-Qaeda, the Taliban, and the Islamic State of Iraq and Syria in their fight to defeat such organizations.

(b) Implementation of Strategy.--

(1) Biannual reports.--Not later than 180 days after the date of the enactment of this title, and every 180 days thereafter, the President shall submit to the appropriate committees and leadership of Congress a written report setting forth a current comprehensive assessment of the implementation of the strategy required by subsection (a), including a description of any substantive change to the strategy (including the reasons for the change and the effect of the change on the rest of the strategy).

(2) Elements.--Each report under this subsection shall include a description of the specific actions taken pursuant to this title to address the threat to the United States posed by transnational terrorist organizations and associated persons or forces, including--

(A) a description of the specific authorities relied upon for such actions;

(B) the persons and forces targeted by such actions;

(D) an evaluation of the effectiveness of such actions.

(c) Quarterly Reports on Operations.--Not later than 90 days after the date of the enactment of this title, and every 90 days thereafter, the President shall submit to Congress a report setting forth the following:

(1) A list of the organizations, persons, and forces against which operations were conducted under the authority of this title during the 90-day period ending on the date of the report.

(2) A list of all foreign countries in which the United States conducted operations under the authority of this title during such 90-day period.

(d) Classified Annex.--Any report submitted under this section may include a classified annex.

(e) Appropriate Committees and Leadership of Congress Defined.--In this section, the term ``appropriate committees and leadership of Congress'' means--

(1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate;

(2) the Majority Leader and the Minority Leader of the Senate;

(3) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives; and

(4) the Speaker of the House of Representatives and the Majority Leader and the Minority Leader of the House of Representatives.

______

SA 2557. Mr. DURBIN (for Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe

At the end of subtitle G of title VIII, add the following:

SEC. 873. REPORTING ON PROJECTS PERFORMED THROUGH

TRANSACTIONS OTHER THAN CONTRACTS, COOPERATIVE

AGREEMENTS, AND GRANTS.

(a) Report Required.--Not later than December 31, 2018, and each December 31 thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report covering the preceding fiscal year on projects described in subsection (b).

(b) Contents.--Each report under subsection (a) shall include--

(1) for each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code, for which payments made by the Department of Defense exceeded $5,000,000 for such transaction--

(A) an identification of the element of the Department of Defense and the person or entity outside of the Department of Defense entering into such transaction;

(B) the date of entry into such transaction;

(D) the goals and status of each project carried out under such transaction; and

(E) the start date and anticipated end date of each project carried out under such transaction; and

(2) a description of the mechanisms, including any policies, guidance, and reporting requirements, established by the Secretary of Defense to regulate the use of authority relating to a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code.

______

SA 2558. Mr. DURBIN (for Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe

At the end of subtitle B of title VIII, add the following:

SEC. 823. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL E-

COMMERCE PORTALS.

(a) In General.--Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note) is amended--

(1) by redesignating subsections (j) and (k) as subsections

(m) and (n), respectively; and

(2) by inserting after subsection (i) the following new subsections:

``(j) Micro-purchase Threshold.--Notwithstanding section 2338 of title 10, United States Code, and section 1902 of title 41, United States Code, the micro-purchase threshold for a procurement of a product through a commercial e-commerce portal used under the program established under subsection (a) is $25,000.

``(k) Competitive Procedures.--Procedures established by the Administrator for a procurement through a commercial e-commerce portal used under the program established pursuant to subsection (a) shall be considered use of competitive procedures for purposes of division C of subtitle I of title 41, United States Code (as defined in section 152 of such title).

``(l) Exceptions for Government-wide Indefinite Delivery, Indefinite Quantity Multiple-award Contracts.--Pursuant to subsection (a), if the Administrator issues a solicitation for one or more contracts under the authority of sections 4103 and 4106 of title 41, United States Code (multiple award task or delivery order contracts), or section 152(3) of such title and section 501(b) of title 40, United States Code

(Federal Supply Schedule contracts), then--

``(1) the requirements at section 3306(c)(1)(B) and (C) of title 41, United States Code, shall not apply; and

``(2) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to section 4106(c) of title 41, United States Code, of a task or delivery order under any contract resulting from the solicitation.''.

(b) Definitions.--Subsection (n)(3) of such section, as redesignated by subsection (a) of this section, is amended by striking ``agencies.'' and inserting ``agencies, unless such portal is designed for the purpose of accessing multiple other e-commerce portals, including commercial portals, via a single view for the purchase of commercial products.''.

______

SA 2559. Mr. DURBIN (for Ms. Duckworth) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe

At the end of subtitle I of title VIII, add the following:

SEC. 896. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.

(a) Revisions to Report Elements.--Subsection (a) of section 2313a(a) of title 10, United States Code, is amended--

(1) in paragraph (1), by striking ``significant'' and all that follows through the semicolon at the end, and inserting

``the regulatory requirements that create compliance difficulties for contractors, including an analysis of how those regulatory requirements affect contractors of different sizes and industries;'';

(2) in paragraph (2)--

(A) by striking subparagraphs (A) through (E) and inserting the following:

``(A) the total number of new audit or advisory engagements, by type (pre-award, incurred cost, other post-award, and business system), with time limits expiring during the fiscal year that were completed or were awaiting completion, as compared to total audit and advisory engagements completed or awaiting completion during the year;

``(B) on-time performance relative to time limits for each type of audit or advisory engagement (shown separately for the Defense Contract Audit Agency and qualified private auditors retained by the agency);

``(C) the time limit (expressed in days) for each type of audit or advisory engagement, along with the shortest period, longest period, and average period of actual performance

(shown separately for the Defense Contract Audit Agency and qualified private auditors retained by the agency);

``(D) for pre-award audits and advisory engagements of contractor costs, sustained costs as a total number and as a percentage of total questioned costs, where questioned costs are expressed as the impact on negotiable contract costs (shown separately for the Defense Contract Audit Agency and qualified private auditors retained by the agency);

``(E) for post-award audits and advisory engagements of contractor costs, the questioned costs accepted by the contracting officers and contractors as a total number and as a percentage of total questioned costs, where questioned costs are expressed as the impact on reimbursable contract

(shown separately for the Defense Contract Audit Agency and qualified private auditors retained by the agency);''; and

(B) in subparagraph (H)--

(i) by inserting ``post-award'' after ``dollar value of''; and

(ii) by striking ``submission'' and inserting ``proposal'';

(3) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (9), respectively;

(4) by inserting after paragraph (2) the following new paragraph:

``(3) A summary of the reasons for the difference between questioned and sustained costs shown in the statistical tables under paragraph (2).'';

(5) in paragraph (4) (as redesignated by paragraph (3) of this subsection), by striking ``needed to improve the audit process;'' and inserting ``needed by the Defense Contract Audit Agency to improve the audit process or that would enhance compliance with regulatory requirements.'';

(6) in paragraph (7) (as redesignated by paragraph (3) of this subsection), by striking ``more effective use of audit resources;'' and inserting ``contract compliance and professional development of the Defense Contract Audit Agency workforce (shown separately for collaborative outreach actions and other outreach actions).''; and

(7) by inserting after paragraph (7) (as redesignated by paragraph (3) of this subsection) the following new paragraph:

``(8) A statistically representative survey of contracting officers form Department of Defense buying commands, the Defense Contract Management Agency, and small and large business representatives from industry to measure the timeliness and effectiveness of audit and advisory services provided (shown separately for the Defense Contract Audit Agency and qualified private auditors retained by the Defense Contract Audit Agency).''.

(b) Conforming Amendments.--Subsection (a) of such section is further amended--

(1) in the matter preceding paragraph (1), by striking

``shall include, at a minimum--'' and inserting ``shall include the following:'';

(2) by capitalizing the first letter following the paragraph designation in each of paragraphs (1), (2), (4),

(5), (6), (7), and (9); and

(3) by striking the semicolon at the end of each of paragraphs (1), (2), (5), and (6) and inserting a period.

(c) Definitions.--Subsection (d)(1) of such section is amended by striking ``qualified incurred cost submission'' and inserting ``qualified private auditor''.

(d) Effective Date.--The amendments made by this section shall take effect on October 1, 2020.

______

SA 2560. Ms. HARRIS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. STUDY ON RECRUITMENT OF STUDENTS WITH EXPERIENCE IN

CERTAIN TECHNICAL FIELDS.

(a) Study Required.--The Secretary of Defense shall conduct a study to determine how the Department of Defense can attract and recruit from institutions of higher education, including the institutions described in subsection (b), students with educational backgrounds in science, technology, engineering, and mathematics, including the fields of artificial intelligence, machine learning, and cybersecurity.

(b) Institutions Described.--The institutions described in this subsection are--

(1) Hispanic Serving Institutions (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a));

(2) Historically Black Colleges and Universities (as defined in section 322 of such Act (20 U.S.C. 1061)); and

(3) Asian American and Native American Pacific Islander Serving Institutions (as defined in Section 371(c) of such Act (20 U.S.C. 1067q(c)).

(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).

______

SA 2561. Ms. HARRIS submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 558. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE

RESERVE COMPONENTS AND VETERANS.

(a) Authority.--The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans.

(b) Cost-sharing.--Any agreement under subsection (a) shall require that the State must contribute an amount, derived from non-Federal sources, that equals or exceeds 50 percent of the funds provided by the Secretary to the State under this section to support the operation of the pilot program in that State.

(c) Administration.--The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program.

(d) Program Model.--A pilot program under this section--

(1) shall use a job placement program model that focuses on working one-on-one with individuals described in subsection

(a) to provide cost-effective job placement services, including--

(A) job matching services;

(B) resume editing;

(D) post-employment follow up; and

(2) shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina.

(e) SkillBridge Training Opportunities.--A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.

(f) Evaluation.--The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this provision.

(g) Reporting.--

(1) Report required.--Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section.

(2) Elements.--A report under paragraph (1) shall include the following elements:

(A) A description and assessment of the effectiveness and achievements of the pilot program, including--

(i) the number of members of the reserve components of the Armed Forces and veterans hired; and

(ii) the cost-per-placement of participating members and veterans.

(B) An assessment of the impact of the pilot program and increased reserve component employment levels on--

(i) the readiness of members of the reserve components of the Armed Forces; and

(ii) retention of service members.

(C) A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs.

(D) Any other matter the Secretary determines to be appropriate.

(h) Duration of Authority.--

(1) In general.--Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023.

(2) Extension.--The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than two years.

______

SA 2562. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title XII, add the following:

SEC. __. REPORT ON HONDURAS, GUATEMALA, AND EL SALVADOR.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report regarding narcotics trafficking corruption and illicit campaign finance in Honduras, Guatemala, and El Salvador.

(b) Matters to Be Included.--The report required under subsection (a) shall include--

(1) the names of senior government officials in Honduras, Guatemala, and El Salvador who are known to have committed or facilitated acts of grand corruption or narcotics trafficking;

(2) the names of elected officials in Honduras, Guatemala, and El Salvador who are known to have received campaign funds that are the proceeds of narco-trafficking or other illicit activities in the last 2 years; and

(3) the names of individuals in Honduras, Guatemala, and El Salvador who are known to have facilitated the financing of political campaigns in any of the Northern Triangle countries with the proceeds of narco-trafficking or other illicit activities in the last 2 years.

(c) Form.--The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

______

SA 2563. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DEPARTMENT OF DEFENSE DIVERSITY AND INCLUSION

WORKFORCE.

(a) Definitions.--In this section, the following definitions apply:

(1) Applicant flow data.--The term ``applicant flow data'' means data that tracks the rate of applications for job positions among demographic categories.

(2) Appropriate congressional committees.--The term

``appropriate congressional committees'' means the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(3) Department.--The term ``Department'' means the Department of Defense and the Coast Guard.

(4) Diversity.--The term ``diversity'' means all the different characteristics and attributes of the total workforce of the Department, which are consistent with the core values of the Department, integral to overall readiness and mission accomplishment, and reflective of the Nation.

(5) Secretary.--The term ``Secretary'' means--

(A) the Secretary of Defense; and

(B) the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Department of the Navy.

(6) Workforce.--The term ``workforce'' means an individual serving in a position--

(A) in the civil service (as defined in section 2101 of title 5, United States Code); or

(B) as a member of the Armed Forces, including commissioned officers and senior enlisted personnel of each Armed Force, including the reserve components.

(b) Diversity and Inclusion Strategic Plan.--It is the sense of Congress that the Department should--

(1) employ an aligned strategic outreach effort to identify, attract, and recruit from a broad talent pool reflective of the best of the Nation;

(2) be an employer of choice that is competitive in attracting and recruiting top talent;

(3) develop, mentor, and retain top talents from across the total force;

(4) establish the position of the Department as an employer of choice by creating a merit-based workforce life-cycle continuum that focuses on personal and professional development through training, education, and developing employment flexibility to retain a highly-skilled workforce;

(5) ensure leadership commitment to an accountable and sustained diversity effort; and

(6) develop structures and strategies to equip leadership with the ability to manage diversity, be accountable, and engender an inclusive work environment that cultivates innovation and optimization within the Department.

(1) In general.--Not later than 180 days after the date of enactment of this Act, and every fiscal year through fiscal year 2024, the Secretary shall make available to the public and the appropriate congressional committees a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the Department.

(2) Data.--Each report made available under paragraph (1)--

(A) shall include barrier analysis related to diversity and inclusion efforts;

(B) shall include aggregate demographic data--

(i) by segment of the workforce of the Department and grade or rank;

(ii) by military service and civil service job code;

(iii) relating to attrition and promotion rates;

(iv) that addresses the compliance of the Department with validated inclusion metrics;

(v) that provides demographic comparisons to the relevant non-Governmental labor force and the relevant civilian labor force;

(vi) on the diversity of selection boards;

(vii) on the employment of minority and service-disabled veterans during the most recent 10-year period, including--

(I) the number hired through direct hires, internships, and fellowship programs; and

(II) attrition rates by grade, in the civil service and military service, and in the senior positions; and

(viii) on mentorship and retention programs;

(which shall include internships) for which data are collected and a discussion of any resulting policy changes or recommendations;

(D) may include a recommendation (which shall be made after close consultation with internal stakeholders, such as employee resource or affinity groups) regarding whether the Department should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled

``Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity'';

(E) shall include demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs;

(F) shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the Department appoint members;

(G) shall be organized in terms of real numbers and percentages at all levels; and

(H) shall be made available in a searchable database format.

(3) Other contents.--Each report made available under paragraph (1) shall describe the efforts of the Department to--

(A) propagate fairness, impartiality, and inclusion in the work environment domestically and abroad;

(B) ensure that harassment, intolerance, and discrimination are not tolerated;

(C) refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training;

(D) prevent illegal retaliation against employees for participating in a protected equal employment opportunity activity;

(E) provide reasonable accommodation for qualified employees and applicants with disabilities;

(F) resolve workplace conflicts, confrontations, and complaints in a prompt, impartial, constructive, and timely manner; and

(G) recruit a diverse workforce by--

(i) recruiting women, minorities, veterans, and undergraduate and graduate students;

(ii) recruiting at historically Black colleges and universities, Hispanic serving institutions, women's colleges, and colleges that typically serve majority minority populations;

(iii) sponsoring and recruiting at job fairs in urban communities;

(iv) placing job advertisements in newspapers, magazines, and job sites oriented toward women and people of color; and

(v) recruiting mid-level and senior-level professionals through programs designed to increase minority representation in national security.

(4) Intelligence community.--The elements of the intelligence community of the Department may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection.

(d) Updates.--After making available the first report under subsection (c), the Secretary shall annually provide a report

(which may be provided as part of an annual report required under another provision of law) to the public and the appropriate congressional committees that includes--

(1) demographic data and information on the status of diversity and inclusion efforts of the Department;

(2) an analysis of applicant flow data;

(3) demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs; and

(4) the specified data in a searchable database format.

(e) Conduct Exit Interviews or Surveys.--

(1) Retained members.--The Director of the Office of Diversity Management and Equal Opportunity shall conduct periodic interviews or surveys with a representative and diverse cross-section of the members of the workforce of the Department to--

(A) understand the reasons of the members for remaining in a position in the Department; and

(B) receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain.

(2) Departing members.--The Director of the Office of Diversity Management and Equal Opportunity shall provide an opportunity for an exit interview or survey to each member of the workforce of the Department who separates from service with the Department, to understand better the reasons of the member for leaving.

(3) Use of analysis from interviews and surveys.--The Director of the Office of Diversity Management and Equal Opportunity shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate--

(A) if and how the results of the interviews differ among gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and

(B) whether to implement any policy changes or make any recommendations as part of a report required under subsection

(c).

(4) Tracking data.--The Department shall--

(A) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;

(B) evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles;

[(C) understand how participation in any program offered or sponsored by the Department under subsection (f)(1) differs by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and]

(D) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.

(f) Expand Provision of Professional Development and Career Advancement Opportunities.--

(1) In general.--The Department is authorized to expand professional development opportunities that support the mission needs of the Department, such as--

(A) academic programs;

(B) private-public exchanges; and

(i) private or international organizations;

(ii) State, local, and tribal governments;

(iii) other branches of the Federal Government; or

(iv) professional schools of international affairs.

(2) Training for senior positions.--

(A) In general.--The Department may offer, or sponsor members of the workforce of the Department to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the Department on the skills required for appointment to senior positions in the Department.

(B) Requirements.--In determining which members of the workforce of the Department are granted professional development or career advancement opportunities, the Department shall--

(i) ensure any program offered or sponsored by the Department under subparagraph (A) comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;

(ii) consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;

[(iii) understand how participation in any program offered or sponsored by the Department under subparagraph (A) differs by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and]

(iv) actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.

(g) Recruitment.--

(1) In general.--The Department should--

(A) continue to seek a diverse and talented pool of applicants;

(B) have diversity recruitment as a goal of the human resources department or equivalent entity, with outreach at appropriate colleges, universities, and diversity organizations and professional associations; and

(2) Scope.--The diversity recruitment initiatives described in paragraph (1) should include--

(A) recruiting at historically black colleges and universities, Hispanic-serving institutions, women's colleges, and colleges that typically serve majority minority populations;

(B) sponsoring and recruiting at job fairs in urban communities;

(D) providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and

(E) cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.

______

SA 2564. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title II, add the following:

SEC. __. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES TO

DETERMINE THE AUTHENTICITY AND SECURITY OF

MICROELECTRONIC PARTS IN WEAPON SYSTEMS.

(a) Pilot Program Authorized.--The Under Secretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish a pilot program to test the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

(b) Objectives of Pilot Program.--The objective of the pilot program required by subsection (a) shall include determining the following:

(1) The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time of the creation of such part through final insertion of such part into weapon systems.

(2) The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems.

(3) The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense.

(c) Consultation.--In carrying out the pilot program required by subsection (a), the Under Secretary may consult with the following:

(1) Manufacturers of semiconductors or electronics.

(2) Industry associations relating to semiconductors or electronics.

(3) Original equipment manufacturers of products for the Department of Defense.

(4) Nontraditional defense contractors (as defined in section 2302 of title 10, United States Code) that are machine-vision companies.

(5) Federal laboratories (as defined in section 2500 of title 10, United States Code).

(6) Other elements of the Department of Defense that fall under the authority of the Under Secretary of Defense for Research and Engineering.

(d) Commencement and Duration.--The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020.

______

SA 2565. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. ___. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND

TRANSITION ADMINISTRATION.

(a) Veterans Economic Opportunity and Transition Administration.--

(1) In general.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter:

``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION

ADMINISTRATION

``Sec.

``8001. Organization of Administration.

``8002. Functions of Administration.

``Sec. 8001. Organization of Administration

``(a) Veterans Economic Opportunity and Transition Administration.--(1) There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration.

``(2) The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors.

``(b) Under Secretary for Economic Opportunity and Transition.--The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration.

``Sec. 8002. Functions of Administration

``The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department:

``(1) Vocational rehabilitation and employment programs.

``(2) Educational assistance programs.

``(3) Veterans' housing loan and related programs.

``(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection.

``(5) The Transition Assistance Program under section 1144 of title 10.

``(6) Any other program of the Department that the Secretary determines appropriate.''.

(2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item:

``80. Veterans Economic Opportunity and Transition Administ8001''.....

(b) Effective Date.--Chapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2019.

(c) Full-time Employees.--For fiscal years 2019 and 2020, the total number of full-time equivalent employees authorized for the Veterans Benefits Administration and the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), may not exceed 21,543.

SEC. ___. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY

AND TRANSITION.

(a) Under Secretary.--

(1) In general.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section:

``Sec. 306A. Under Secretary for Veterans Economic

Opportunity and Transition

``(a) Under Secretary.--(1) There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate.

``(2) The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in--

``(A) information technology; and

``(B) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope.

``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration.

``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position.

``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary:

``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration.

``(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration.

``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department.

``(D) The Deputy Secretary of Veterans Affairs.

``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title.

``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission.

``(3)(A) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition.

``(B) The commission shall submit all recommendations to the Secretary.

``(C) The Secretary shall forward the recommendations to the President and the Committee on Veterans' Affairs of the Senate and Committee on Veterans' Affairs of the House of Representatives with any comments the Secretary considers appropriate.

``(D) After receiving recommendations under subparagraph

(C), the President may request the commission to recommend additional individuals for appointment.

``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.''.

(2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item:

``306A. Under Secretary for Veterans Economic Opportunity and

Transition.''.

(b) Conforming Amendments.--Title 38, United States Code, is further amended--

(1) in section 306(c)(2), by striking subparagraphs (A) and

(E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively;

(2) in section 317(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,'';

(3) in section 318(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,'';

(4) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition'';

(5) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition'';

(6) in section 542(a)(2)(B)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition'';

(7) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition'';

(8) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,'';

(9) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to Economic Opportunity and Transition,''; and

(10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively.

(c) Effective Date.--Section 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2019.

______

SA 2566. Mr. RUBIO submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title II, add the following:

SEC. __. NATIONAL SECURITY SCIENCE AND TECHNOLOGY STRATEGY.

(a) Strategy.--Not later than February 4, 2019, the Secretary of Defense shall develop and implement a strategy

(to be known as the ``National Security Science and Technology Strategy'') to prioritize the science and technology efforts and investments of the Department of Defense.

(b) Elements.--The strategy under subsection (a) shall--

(1) include specific goals for the science and technology programs of the Department of Defense in which personnel and resources of the Department are invested;

(2) be aligned with the National Defense Strategy and governmentwide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;

(3) align the acquisition priorities, programs, and timelines of the Department with the acquisition priorities, programs, and timelines of defense enterprise laboratories and services;

(4) contain an assessment of high-priority emerging technology programs of the Department, including programs relating to hypersonics, directed energy, synthetic biology, and artificial intelligence;

(5) identify high-priority research and engineering requirements and gaps;

(6) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; and

(7) contain such other information as the Secretary of Defense determines to be appropriate.

(1) In general.--Not later than February 4, 2019, and annually thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees the most recent version of the strategy developed under subsection (a).

(2) Form of submission.--Each strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(d) Briefing.--Not later than 14 days after the date on which the initial strategy under subsection (a) is completed, the Under Secretary of Defense for Research and Engineering shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the implementation of the strategy.

______

SA 2567. Mr. WARNER (for himself and Mr. Gardner) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle G--Internet of Things Cybersecurity Improvement Act

SEC. 1071. SHORT TITLE.

This subtitle may be cited as the ``Internet of Things

(IoT) Cybersecurity Improvement Act of 2018''.

SEC. 1073. DEFINITIONS.

In this subtitle:

(1) Covered agency.--The term ``covered agency'' means--

(A) the Department of Defense; and

(B) the National Security Agency.

(2) Covered device.--

(A) In general.--The term ``covered device''--

(i) means a physical object that--

(I) is capable of connecting to and is in regular connection with the Internet; and

(II) has computer processing capabilities that can collect, send, or receive data; and

(ii) does not include advanced or general-purpose computing devices, including personal computing systems, smart mobile communications devices, programmable logic controls, and mainframe computing systems.

(B) Modification of definition.--The Secretary shall establish a process by which--

(i) interested parties may petition for a device that is not described in subparagraph (A)(ii) to be considered a device that is not a covered device; and

(ii) the Secretary acts upon any petition submitted under clause (i) in a timely manner.

(3) Firmware.--The term ``firmware'' means a computer program and the data stored in hardware, typically in read-only memory (ROM) or programmable read-only memory (PROM), such that the program and data cannot be dynamically written or modified during execution of the program.

(4) Fixed or hard-coded credential.--The term ``fixed or hard-coded credential'' means a value, such as a password, token, cryptographic key, or other data element used as part of an authentication mechanism for granting remote access to an information system or its information, that is--

(A) established by a product vendor or service provider; and

(B) incapable of being modified or revoked by the user or manufacturer lawfully operating the information system, except via a firmware update.

(5) Hardware.--The term ``hardware'' means the physical components of an information system.

(6) IoT.--The term ``IoT'' means the Internet of Things.

(7) NIST.--The term ``NIST'' means the National Institute of Standards and Technology.

(8) Properly authenticated update.--The term ``properly authenticated update'' means an update, remediation, or technical fix to a hardware, firmware, or software component issued by a product vendor or service provider used to correct particular problems with the component, and that, in the case of software or firmware, contains some method of authenticity protection, such as a digital signature, so that unauthorized updates can be automatically detected and rejected.

(9) Secretary.--The term ``Secretary'' means the Secretary of Defense.

(10) Security vulnerability.--The term ``security vulnerability'' means any attribute of hardware, firmware, software, process, or procedure or combination of 2 or more of these factors that could enable or facilitate the defeat or compromise of the confidentiality, integrity, or availability of an information system or its information or physical devices to which it is connected.

(11) Software.--The term ``software'' means a computer program and associated data that may be dynamically written or modified.

SEC. 1074. CONTRACTOR RESPONSIBILITIES WITH RESPECT TO

COVERED DEVICE CYBERSECURITY.

(a) Standard Security Clause Required in Covered Devices.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of General Services, the Secretary of Commerce, the Secretary of Homeland Security, and any other intelligence or national security agency that the Secretary determines to be necessary, shall issue guidelines for each covered agency to require the inclusion of a standard security clause in any contract, except as provided in paragraph (2), for the acquisition of covered devices.

(2) Content of standard security clause.--The standard security clause required under paragraph (1)--

(A) shall establish baseline security requirements that address aspects of device security, including--

(i) the ability of software or firmware components to accept properly authenticated and trusted updates from the vendor;

(ii) identity and access management, including prohibiting the use of fixed or hard-coded credentials used for remote administration, the delivery of updates, or communication;

(iii) participation in a Coordinated Vulnerability Disclosure program in accordance with subsection (f);

(iv) such other aspects as the Secretary determines to be appropriate; and

(B) shall, to the maximum extent practicable, reflect and align with voluntary consensus standards in effect on the date of enactment of this Act;

(C) shall require vendors to provide written attestation that the device meets such requirements as established under subparagraph (A);

(D) shall, to the maximum extent practicable, ensure that the requirements described in subparagraph (A) are--

(i) tailored to address the characteristics of different types of devices, including risk and intended function;

(ii) based on technology-neutral, outcome-based security principles;

(iii) developed through a transparent process that incorporates input from relevant stakeholders in industry and academia;

(iv) aligned with internationally recognized technical standards; and

(v) updated regularly based on developments in technology and security methodologies;

(E) shall identify responsibilities for ensuring that a covered device software or firmware component is updated or replaced, consistent with other provisions in the contract governing the term of support, in a manner that allows for any future security vulnerability or defect in any part of the software or firmware to be patched, based on risk, in order to fix or remove a vulnerability or defect in the software or firmware component in a properly authenticated and secure manner; and

(F) shall require the contractor to provide the purchasing agency with general information on the ability of the device to be updated, such as--

(i) the manner in which the device receives security updates;

(ii) the business terms, including any fees for ongoing security support, under which security updates will be provided for a covered device;

(iii) the anticipated timeline for ending security support associated with the covered device;

(iv) formal notification when security support has ceased; and

(v) other information as determined necessary by the Secretary.

(3) Waiver.--The Secretary may establish a process for a purchasing covered agency to waive the requirements described in paragraph (2)(A) when a contractor submits a written application for a waiver, if the process--

(A) provides for waivers to be granted only in limited circumstances, including--

(i) if a vendor demonstrates that a device meets a desired level of security through means other than those required under paragraph (2)(A); or

(ii) if the purchasing covered agency reasonably believes that procurement of a covered device with limited data processing and software functionality would be unfeasible or economically impractical; and

(B) provides that, if the head of the purchasing covered agency approves a waiver, the head of the purchasing covered agency shall provide the contractor a written statement that the covered agency accepts risks resulting from use of the device;

(4) Alignment with fisma.--In issuing the guidelines required under paragraph (1), the Secretary, in consultation with the Administrator of General Services, shall ensure that such guidelines are, to the greatest extent practicable, consistent with, not duplicative of, and in compliance with any applicable established information security policies, procedures, standards, and compliance requirements under chapter 35 of title 44, United States Code.

(b) Alternate Conditions to Mitigate Cybersecurity Risks.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with NIST, shall establish a set of conditions that--

(A) ensure that a covered device that does not comply with the standard security clause under subsection (a) can be used with a level of security that is equivalent to the level of security described in subsection (a)(2); and

(B) shall be met in order for a covered agency to purchase a covered device described in subparagraph (A).

(2) Requirements.--In defining a set of conditions that must be met for non-compliant devices as required under paragraph (1), the Secretary, in coordination with NIST and relevant industry entities, may consider the use of conditions including--

(A) network segmentation or micro-segmentation;

(B) the adoption of system level security controls, including operating system containers and microservices;

(D) intelligent network solutions and edge systems, such as gateways, that can isolate, disable, or remediate connected devices.

(3) Specification of additional precautions.--To address the long-term risk of non-compliant covered devices acquired in accordance with an exception under this paragraph, the Secretary, in coordination with NIST and private-sector industry experts, may stipulate additional requirements for management and use of non-compliant devices, including deadlines for the removal, replacement, or disabling of non-compliant devices (or their Internet-connectivity), as well as minimal requirements for gateway products to ensure the integrity and security of the non-compliant devices.

(4) Existing third-party security standard.--

(A) In general.--If an existing voluntary consensus standard for the security of covered devices provides an equivalent or greater level of security to that described in subsection (a)(2)(A), the Secretary shall terminate the requirements under subsection (a)(2)(A) and modify security clauses to reflect conformity with that voluntary consensus standard.

(B) Written certification.--A contractor providing the covered device under this paragraph shall provide third-party written certification that the device complies with the security requirements of the industry certification method of the third party.

(C) NIST.--The Director of NIST, in coordination with the Secretary and other appropriate executive agencies, shall determine--

(i) accreditation standards for third-party certifiers; and

(ii) whether the standards described in clause (i) provide appropriate security and are aligned with the guidelines issued under this subsection.

(5) Existing agency security evaluation standards.--

(A) In general.--If a covered agency employs a security evaluation process or criteria for covered devices that the agency believes provides an equivalent or greater level of security to that described in subsection (a)(2)(A), a covered agency may, upon the approval of the Secretary, continue to use that process or standard in lieu of the requirements under subsection (a)(2)(A).

(B) NIST.--The Director of NIST, in coordination with the Secretary and other appropriate executive agencies, shall determine whether the process or criteria described in subparagraph (A) provides appropriate security and are aligned with the guidelines issued under this subsection.

(c) Required Guidelines.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of General Services, shall issue guidelines for each covered agency to limit, to the maximum extent practicable, the use of lowest price technically acceptable source selection criteria in the case of a procurement that is predominately for the acquisition of a covered device.

(d) Report to Congress.--Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the guidelines required to be issued under subsections (a) and (c), which shall include any recommendations for legislation necessary to improve cybersecurity in Federal Government acquisition of Internet-connected devices.

(e) Waiver Authority.--Beginning on the date that is 5 years after the date of enactment of this Act, the Secretary may waive, in whole or in part, the requirements of the guidelines issued under this section, for a covered agency.

(f) Guidelines Regarding the Coordinated Disclosure of Security Vulnerabilities and Defects.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the National Protection and Programs Directorate, in consultation with cybersecurity researchers and private-sector industry experts, shall issue guidelines for each agency with respect to any covered device in use by the United States Government regarding cybersecurity coordinated disclosure requirements that shall be required of contractors providing such covered devices to the United States Government.

(2) Contents.--The guidelines required to be issued under paragraph (1) shall include policies and procedures for the processing and resolving of potential vulnerability information relating to a covered device, which shall be, to the maximum extent practicable, aligned with Standards 29147 and 30111 of the International Standards Organization, or any successor standard, such as--

(A) procedures for a contractor providing a covered device to the United States Government on how to--

(i) receive information about potential vulnerabilities in the product or online service of the contractor; and

(ii) disseminate resolution information about vulnerabilities in the product or online service of the contractor; and

(B) guidance, including example content, on the information items that should be produced through the implementation of the vulnerability disclosure process of the contractor.

SEC. 1075. INVENTORY OF DEVICES.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each covered agency shall establish and maintain an inventory of covered devices used by the agency procured under this subtitle.

(b) Guidelines.--Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security, shall issue guidelines for executive agencies to develop and manage the inventories required under subsection (a), based on the Continuous Diagnostics and Mitigation (CDM) program used by the Department of Homeland Security.

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish and maintain--

(A) a database of devices and the respective manufacturers of such devices for which limitations of liability exist under this subtitle; and

(B) a database of devices and the respective manufacturers of such devices about which the Government has received formal notification of security support ceasing, as required under section 1074(a)(2)(G).

(2) Updates.--The Secretary shall update the databases established under paragraph (1) not less frequently than once every 30 days.

SEC. 1076. USE OF BEST PRACTICES IN IDENTIFICATION AND

TRACKING OF VULNERABILITIES FOR PURPOSES OF THE

NATIONAL VULNERABILITY DATABASE.

The Director of NIST shall ensure that NIST establishes, maintains, and uses best practices in the identification and tracking of vulnerabilities for purposes of the National Vulnerability Database of NIST.

______

SA 2568. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title II, add the following:

SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND

UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

(a) Findings.--Congress finds that--

(1) historically Black colleges and universities (HBCUs) and minority-serving institutions play a vital role in educating low-income and underrepresented students in areas of national need;

(2) HBCUs and minority-serving institutions presently are collaborating with the Department of Defense in research and development efforts that contribute to the defense readiness and national security of the Nation;

(3) by their research these institutions are helping to develop the next generation of scientists and engineers who will help lead the Department of Defense in addressing high-priority national security challenges; and

(4) it is important to further engage HBCUs and minority-serving institutions in university research and innovation, especially in prioritizing software development and cyber security by utilizing existing Department of Defense labs, and collaborating with existing programs that help attract candidates, including programs like the Air Force Minority Leaders Programs, which recruit Americans from diverse background to serve their country through service in our Nation's military.

(b) Increase.--Funds authorized to be appropriated in Research, Development, Test, and Evaluation, Defense-wide, PE 0601228D8Z, section 4201, for Basic Research, Historically Black Colleges and Universities/Minority Institutions, Line 006, are hereby increased by $10,000,000.

(c) Offset.--Funding in section 4101 for Other Procurement, Army, for Automated Data Processing Equipment, Line 112, is hereby reduced by $10,000,000.

______

SA 2569. Mr. BROWN (for himself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. ___. IMPROVING PROCESSING OF VETERANS BENEFITS BY

DEPARTMENT OF VETERANS AFFAIRS.

(a) Notification of Debts Incurred.--The Secretary of Veterans Affairs shall make such changes to such information technology systems of the Department of Veterans Affairs, including the eBenefits system or successor system, as may be necessary so that a person who is entitled to a payment from the Department by virtue of the person's participation in a benefits program administered by the Secretary will receive, at the request of the person, a notice from the Department (by electronic mail or other mechanism) whenever such person incurs a debt to the United States by virtue of such participation.

(b) Updating Dependent Information.--The Secretary shall make such changes to such information technology systems of the Department, including the eBenefits system or successor system, as may be necessary so that whenever the Secretary records in such systems information about a dependent of a person, the person is able to review and revise such information.

(c) Tracking of Metrics.--The Secretary shall make such changes to such information technology systems of the Department as may be necessary to track the following:

(1) The number and amount of payments made by the Department to persons as part of a benefits program administered by the Secretary which result in the persons incurring a debt to the United States by virtue of such payments.

(2) The average debt to the United States incurred by a person by virtue of a payment described in paragraph (1).

(3) The frequency by which applications for relief under section 5302(a) of title 38, United States Code, are approved and denied.

(4) Such other metrics as the Secretary considers appropriate.

SEC. ___. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF

VETERANS AFFAIRS OF AMOUNTS OWED BY VETERANS TO

THE UNITED STATES.

(a) Indebtedness Offsets.--

(1) Limitation on scope of authority.--Subsection (a) of section 5314 of title 38, United States Code, is amended--

(A) by striking ``to subsections (b) and (d) of this section'' and inserting ``to paragraphs (2) through (6) of this subsection, subsections (b) and (e) of this section,''; and

(B) by adding at the end the following new paragraph:

``(2) The Secretary may only deduct under paragraph (1) an amount of the indebtedness of a veteran, the estate of a veteran, or a spouse or child of a veteran who is deceased if the indebtedness is a result of one or more of the following:

``(A) An error made by the veteran, estate, spouse, or child, as the case may be.

``(B) Fraud perpetrated by the veteran, estate, spouse, or child, as the case may be.

``(C) A misrepresentation made by the veteran, estate, spouse, or child, as the case may be.

``(3)(A) The Secretary may not deduct under paragraph (1) from any payment made under chapter 11 or 15 of this title more than the lessor of--

``(i) 25 percent; or

``(ii) such other percent as the Secretary determines, pursuant to a request made under subparagraph (B), is the greatest percent that would not cause a hardship to the recipient of the payment.

``(B) A person whose future payments are to be reduced under paragraph (1) may request, via the administrative process prescribed under subsection (c), the Secretary make a determination under subparagraph (A)(ii) of this paragraph.

``(4) The Secretary may not deduct under paragraph (1) any amount relating to an indebtedness that was incurred by a veteran more than five years previously.

``(5) The Secretary may not deduct under paragraph (1) any amount relating to an indebtedness while the existence or amount of such indebtedness is being disputed under subsection (c).

``(6) The Secretary may not deduct under paragraph (1) any amount if the Secretary determines that the cost that would be incurred by the Department to recover such amount would exceed the amount to be recovered.''.

(2) Due process.--

(A) Minimum period for notice and secondary review.--Subsection (b) of such section is amended--

(i) by amending paragraph (1) to read as follows:

``(1) has made reasonable efforts to notify such person of such person's right--

``(A) to dispute through prescribed administrative processes the existence or amount of such indebtedness;

``(B) to request a waiver of such indebtedness under section 5302 of this title; and

``(C) to request the Secretary make a determination under subsection (a)(3)(A)(ii).'';

(ii) in paragraph (2), by striking ``; and'' and inserting a semicolon; and

(iii) by striking paragraph (3) and inserting the following new paragraphs:

``(3) has notified such person, not later than 90 days before making any of such deductions--

``(A) about the proposed deductions; and

``(B) detailed information about the indebtedness, including, in the case of an overpayment, an itemized list of each overpayment and the specific reason for the overpayment; and

``(4) in any case in which the Secretary determines the amount of indebtedness of a person exceeds $2,500, the Secretary completes a secondary review to ensure that the determination is accurate and the indebtedness is subject to offset under this section.''.

(B) Adjudication of disputes.--

(i) In general.--Such section is amended--

(I) by redesignating subsections (c) and (d) as subsections

(d) and (e); and

(II) by inserting after subsection (b) the following new subsection (c):

``(c)(1) The Secretary shall prescribe an administrative process for--

``(A) the dispute of the existence or amount of an indebtedness subject to subsection (a); and

``(B) making requests under paragraph (3)(B) of such subsection.

``(2) The Secretary shall ensure that each dispute under paragraph (1)(A) is adjudicated not later than 120 days after the dispute is filed.

``(3) The Secretary may not submit to any debt collector

(as defined in section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a)) any debt pending adjudication under the process prescribed under paragraph

(1).

``(4) Nothing in this subsection shall be construed to prohibit a person from seeking relief from a court of competent jurisdiction.''.

(ii) Limitations on interest and fees charged during period of dispute.--Section 5315 of such title is amended--

(I) in subsection (b)(1), in the first sentence by striking

``or (B)'' and inserting ``(B) for any period during which the existence or amount of the indebtedness is being disputed under section 5314(c) of this title, or (C)''; and

(II) in subsection (c)--

(aa) by inserting ``(1)'' before ``The administrative''; and

(bb) by adding at the end the following new paragraph:

``(2) No administrative costs may be charged under this section with respect to an indebtedness described in subsection (a) while the existence or amount of the indebtedness is being disputed under section 5314(c) of this title.''.

(3) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to deductions made under section 5314 of such title on or after such date.

(b) Limitation on Authority To Sue To Collect Certain Debts.--

(1) In general.--Section 5316(a) of title 38, United States, is amended--

(A) in paragraph (1), by striking ``(2) and (3)'' and inserting ``(2), (3), and (4)'';

(B) by redesignating paragraph (3) as paragraph (4); and

``(3) No suit may be filed under this section to recover any indebtedness incurred more than five years previously.''.

(2) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to suits filed under section 5316 of such title on or after such date.

(1) In general.--Chapter 53 of such title is amended by adding at the end the following new section:

``Sec. 5320. Correction of erroneous information submitted to consumer reporting agencies

``(a) Correcting Errors by the Department.--In any case in which the Secretary finds that the Department has submitted erroneous information to a consumer reporting agency about the indebtedness of any person who has been determined by the Secretary to be indebted to the United States by virtue of such person's participation in a benefits program administered by the Secretary, the Secretary shall--

``(1) instruct the consumer reporting agency to remove such erroneous information from the consumer report of such person or take such other action as may be required to ensure that such erroneous information is not included in the report of such person; and

``(2) transmit to the consumer reporting agency such information as the consumer reporting agency may require to take such appropriate actions.

``(b) Correcting Errors by Debt Collectors.--In any case in which the Secretary finds that a debt collector acting on behalf of the Department has submitted erroneous information to a consumer reporting agency about the indebtedness of any person who has been determined by the Secretary to be indebted to the United States by virtue of such person's participation in a benefits program administered by the Secretary, the Secretary shall instruct the debt collector to request the consumer reporting agency remove such erroneous information from the consumer report of such person or take such other action as may be required to ensure such erroneous information is not included in the report of such person.''

``(c) Notice.--Not later than 60 days after the date on which the Secretary issues an instruction under subsection

(a)(1) or (b) with respect to a person, the Secretary shall notify the person that the Secretary issued such instruction.

``(d) Definitions.--In this section:

``(1) The terms `consumer report' and `consumer reporting agency' have the meanings given such terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).

``(2) The term `debt collector' has the meaning given such term in section 803 of the Fair Debt Collection Practices Act

(15 U.S.C. 1692a).''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 53 of such title is amended by adding at the end the following new item:

``5320. Correction of erroneous information submitted to consumer reporting agencies.''.

(d) Audit.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete an audit to determine the following:

(1) The frequency by which the Department of Veterans Affairs makes an error that results in a payment to a person by virtue of such person's participation in a benefits program administered by the Secretary that such person is not entitled to or in an amount that exceeds the amount to which the person is entitled.

(2) Whether and to what degree vacant positions in the Veterans Benefits Administration affect such errors.

(e) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan and description of resource requirements necessary to align information technology systems to ensure that errors described in subsection (d)(1) are not the result of communication or absence of communication between information technology systems.

______

SA 2570. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title V, add the following:

SEC. 578. INCLUSION OF SPECIFIC ELECTRONIC MAIL ADDRESS BLOCK

ON CERTIFICATE OF RELEASE OR DISCHARGE FROM

ACTIVE DUTY.

(a) Modification Required.--The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more electronic mail addresses by which the member may be contacted after discharge or release from active duty in the Armed Forces.

(b) Deadline for Modification.--The Secretary shall release a revised Certificate of Release or Discharge from Active Duty, modified as required by subsection (a), not later than one year after the date of the enactment of this Act.

______

SA 2571. Ms. KLOBUCHAR (for herself, Mr. Sullivan, Mr. Blumenthal, and Mr. Brown) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VII, add the following:

SEC. 729. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE

CHEMICALS AS PART OF PERIODIC HEALTH

ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.

(1) based or stationed at a location where an open burn pit was used; or

(2) exposed to toxic airborne chemicals, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.

(b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was--

``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.

(c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

``(D) An assessment of whether the member was--

``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.

(d) Sharing of Information.--

(e) Rule of Construction.--Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation.

(f) Definitions.--In this section:

(2) The term ``covered evaluation'' means--

(A) a periodic health assessment conducted in accordance with subsection (a);

(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and

(3) The term ``open burn pit'' has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).

______

SA 2572. Mr. BENNET (for himself, Mr. Brown, and Mr. Gardner) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

In section 315(g), amend paragraphs (1) and (2) to read as follows:

(1) the local water authority or state requested such a payment from the National Guard Bureau or Air Force prior to March 1, 2018, or the National Guard Bureau or Air Force was aware of a treatment plan by the local water authority or state prior to that date; and

(2) the local water authority or the State, as the case may be, waives all claims against the United States and the National Guard and the Air Force for treatment expenses incurred before January 1, 2018.

______

SA 2573. Ms. MURKOWSKI (for herself, Mr. Heller, Mr. Daines, and Mr. Manchin) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 316. CRITICAL MINERALS PRODUCTION.

(a) Definitions.--In this section:

(1) Critical mineral.--

(A) In general.--The term ``critical mineral'' means any mineral, element, substance, or material designated as critical by the Secretary under subsection (c).

(B) Exclusions.--The term ``critical mineral'' does not include--

(i) oil, natural gas, or any other fossil fuels; or

(ii) water, ice, or snow.

(2) Critical mineral manufacturing.--The term ``critical mineral manufacturing'' means--

(A) the exploration, development, mining, production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States;

(B) the fabrication, assembly, or production, within the United States, of equipment, components, or other goods with energy technology-, defense-, agriculture-, consumer electronics-, or health care-related applications; and

(3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(5) State.--The term ``State'' means--

(A) a State;

(B) the District of Columbia;

(D) Guam;

(E) American Samoa;

(F) the Commonwealth of the Northern Mariana Islands; and

(G) the United States Virgin Islands.

(b) Policy.--

(1) In general.--Section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is amended in the second sentence--

(A) by striking paragraph (3) and inserting the following:

``(3) establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other factors to allow informed actions to be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts;'';

(B) in paragraph (6), by striking ``and'' after the semicolon at the end; and

``(7) facilitate the availability, development, and environmentally responsible production of domestic resources to meet national material or critical mineral needs;

``(8) avoid duplication of effort, prevent unnecessary paperwork, and minimize delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws;

``(9) strengthen--

``(A) educational and research capabilities at the secondary and higher level; and

``(B) workforce training for exploration and development of critical minerals and critical mineral manufacturing;

``(10) bolster international cooperation through technology transfer, information sharing, and other means;

``(11) promote the efficient production, use, and recycling of critical minerals;

``(12) develop alternatives to critical minerals; and

``(13) establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States.''.

(2) Conforming amendment.--Section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in this Act, the term'' and inserting the following:

``(b) Definitions.--In this Act:

``(1) Critical mineral.--The term `critical mineral' means any mineral, element, substance, or material designated as a critical mineral pursuant to section 316(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

``(2) Materials.--The term''.

(1) Draft methodology and list.--The Secretary, acting through the Director of the United States Geological Survey

(referred to in this subsection as the ``Secretary''), shall publish in the Federal Register for public comment--

(A) a description of the draft methodology used to identify a draft list of critical minerals; and

(B) a draft list of minerals, elements, substances, and materials that qualify as critical minerals.

(2) Availability of data.--If available data is insufficient to provide a quantitative basis for the methodology developed under this subsection, qualitative evidence may be used to the extent necessary.

(3) Final methodology and list.--After reviewing public comments on the draft methodology and the draft list of critical minerals published under paragraph (1) and updating the methodology and list as appropriate, not later than 45 days after the date on which the public comment period with respect to the draft methodology and draft list closes, the Secretary shall publish in the Federal Register--

(A) a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals; and

(B) the final list of critical minerals.

(4) Designations.--

(A) In general.--For purposes of carrying out this section, the Secretary shall maintain a list of minerals, elements, substances, and materials designated as critical, pursuant to the final methodology published under paragraph (3), that the Secretary determines--

(i) are essential to the economic or national security of the United States;

(ii) the supply chain of which is vulnerable to disruption

(including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and

(iii) serve an essential function in the manufacturing of a product (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications), the absence of which would have significant consequences for the economic or national security of the United States.

(B) Inclusions.--Notwithstanding the criteria under paragraph (3), the Secretary may designate and include on the list any mineral, element, substance, or material determined by another Federal agency to be strategic and critical to the defense or national security of the United States.

(C) Required consultation.--The Secretary shall consult with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, in designating minerals, elements, substances, and materials as critical under this subsection.

(5) Subsequent review.--

(A) In general.--The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, shall review the methodology and list under paragraph (3) and the designations under paragraph (4) at least every 3 years, or more frequently as the Secretary considers to be appropriate.

(B) Revisions.--Subject to paragraph (4)(A), the Secretary may--

(i) revise the methodology described in this subsection;

(ii) determine that minerals, elements, substances, and materials previously determined to be critical minerals are no longer critical minerals; and

(iii) designate additional minerals, elements, substances, or materials as critical minerals.

(6) Notice.--On finalization of the methodology and the list under paragraph (3), or any revision to the methodology or list under paragraph (5), the Secretary shall submit to Congress written notice of the action.

(d) Secretarial Order Not Affected.--This section shall not apply to any mineral described in Secretarial Order No. 3324, issued by the Secretary on December 3, 2012, in any area to which the order applies.

(e) Resource Assessment.--

(1) In general.--Not later than 4 years after the date of enactment of this Act, in consultation with applicable State

(including geological surveys), local, academic, industry, and other entities, the Secretary shall complete a comprehensive national assessment of each critical mineral that--

(A) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; and

(B) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories.

(2) Supplementary information.--

(A) In general.--In carrying out this subsection, the Secretary may carry out surveys and field work (including drilling, remote sensing, geophysical surveys, topographic and geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets

(including 3-dimensional maps) available for determining the existence of critical minerals in the United States.

(B) Public access.--Subject to applicable law, to the maximum extent practicable, the Secretary shall make all data and metadata collected from a survey carried out under subparagraph (A) publically and electronically accessible.

(3) Technical assistance.--At the request of the Governor of a State or the head of an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land.

(4) Prioritization.--

(A) In general.--The Secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under subsection (c) are completed first.

(B) Reporting.--During the period beginning not later than 1 year after the date of enactment of this Act and ending on the date of completion of all of the assessments required under this subsection, the Secretary shall submit to Congress on an annual basis an interim report that--

(i) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the assessments; or

(ii) describes the progress of the assessments if the Secretary does not sequence the assessments.

(5) Updates.--The Secretary may periodically update the assessments conducted under this subsection based on--

(A) the generation of new information or datasets by the Federal Government; or

(B) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other persons.

(6) Additional surveys.--The Secretary shall complete a resource assessment for each additional mineral, element, substance, or material subsequently designated as a critical mineral under subsection (c)(5)(B) not later than 2 years after the designation of the mineral, element, substance, or material.

(7) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the status of geological surveying of Federal land for any mineral commodity--

(A) for which the United States was dependent on a foreign country for more than 25 percent of the United States supply, as depicted in the report issued by the United States Geological Survey entitled ``Mineral Commodity Summaries 2018''; but

(B) that is not designated as a critical mineral under subsection (c).

(f) Permitting.--

(1) Sense of congress.--It is the sense of Congress that--

(A) critical minerals are fundamental to the economy, competitiveness, and security of the United States;

(B) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and

(C) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States.

(2) Performance improvements.--To improve the quality and timeliness of decisions, the Secretary, shall, to the maximum extent practicable, with respect to critical mineral production on Federal land, complete Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by--

(A) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on Federal land;

(B) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals;

(i) to incorporate and address the interests of those parties; and

(ii) to minimize delays;

(D) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance;

(E) engaging in early and active consultation with State, local, and Indian tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent, rather than sequential, reviews;

(F) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions;

(G) expanding and institutionalizing permitting and review process improvements that have proven effective;

(H) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and

(I) developing other practices, such as preapplication procedures.

(3) Review and report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that--

(A) identifies additional measures (including regulatory and legislative proposals, as appropriate) that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals;

(B) identifies options (including cost recovery paid by permit applicants) for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and

(including range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch, such as judicial review, applicant decisions, or State and local government involvement) associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric under paragraph (4).

(4) Performance metric.--Not later than 90 days after the date of submission of the report under paragraph (3), the Secretary, after providing public notice and an opportunity to comment, shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards.

(5) Annual reports.--Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after publication of the performance metric required under paragraph (4), and annually thereafter, the Secretary shall submit to Congress a report that--

(A) summarizes the implementation of recommendations, measures, and options identified in subparagraphs (A) and (B) of paragraph (3);

(B) using the performance metric under paragraph (4), describes progress made by the executive branch, as compared to the baseline established pursuant to paragraph (3)(C), on expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and

(C) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry.

(6) Individual projects.--Using data from the Secretary generated under paragraph (5), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.

(7) Report of small business administration.--Not later than 1 year and 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees of Congress a report that assesses the performance of Federal agencies with respect to--

(A) complying with chapter 6 of title 5, United States Code

(commonly known as the ``Regulatory Flexibility Act''), in promulgating regulations applicable to the critical minerals industry; and

(B) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome.

(8) Application.--Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the matter preceding clause

(i) by striking ``manufacturing,'' and inserting

``manufacturing (including critical mineral manufacturing (as defined in section 316(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019), mining and mineral exploration,''.

(g) Federal Register Process.--

(1) Departmental review.--Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary and the Secretary of Agriculture shall ensure that each Federal Register notice described in paragraph (2) shall be--

(A) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and

(B) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice.

(2) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit.

(3) Transmission.--All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable--

(A) the documents or meetings are held; or

(B) the activity is initiated.

(h) Recycling, Efficiency, and Alternatives.--

(1) Establishment.--The Secretary of Energy (referred to in this subsection as the ``Secretary'') shall conduct a program of research and development--

(A) to promote the efficient production, use, and recycling of critical minerals throughout the supply chain; and

(B) to develop alternatives to critical minerals that do not occur in significant abundance in the United States.

(2) Cooperation.--In carrying out the program, the Secretary shall cooperate with appropriate--

(A) Federal agencies and National Laboratories;

(B) critical mineral producers;

(D) critical mineral manufacturers;

(E) trade associations;

(F) academic institutions;

(G) small businesses; and

(H) other relevant entities or individuals.

(3) Activities.--Under the program, the Secretary shall carry out activities that include the identification and development of--

(A) advanced critical mineral extraction, production, separation, alloying, or processing technologies that decrease the energy consumption, environmental impact, and costs of those activities, including--

(i) efficient water and wastewater management strategies;

(ii) technologies and management strategies to control the environmental impacts of ore tailings, including ore tailings that contain radionuclides; and

(iii) technologies for separation and processing;

(B) technologies or process improvements that minimize the use, or lead to more efficient use, of critical minerals across the full supply chain;

(C) technologies, process improvements, or design optimizations that facilitate the recycling of critical minerals, and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer, industrial, or other waste streams;

(D) data on commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts;

(E) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals; and

(F) alternative energy technologies or alternative designs of existing energy technologies, particularly those that use minerals that--

(i) occur in abundance in the United States; and

(ii) are not subject to potential supply restrictions.

(4) Reports.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report summarizing the activities, findings, and progress of the program.

(i) Analysis and Forecasting.--

(1) Capabilities.--In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with the Energy Information Administration, academic institutions, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes--

(A) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including--

(i) the quantity of each critical mineral domestically produced during the preceding year;

(ii) the quantity of each critical mineral domestically consumed during the preceding year;

(iii) market price data or other price data for each critical mineral;

(iv) an assessment of--

(I) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year;

(II) the reliance of the United States on foreign sources to meet those needs during the preceding year; and

(III) the implications of any supply shortages, restrictions, or disruptions during the preceding year;

(v) the quantity of each critical mineral domestically recycled during the preceding year;

(vi) the market penetration during the preceding year of alternatives to each critical mineral;

(vii) a discussion of international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and

(viii) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this subsection; and

(B) a comprehensive forecast, entitled the ``Annual Critical Minerals Outlook'', of projected critical mineral production, consumption, and recycling patterns, including--

(i) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 3-year, and 5-year periods;

(ii) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 3-year, and 5-year periods;

(iii) an assessment of--

(I) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States;

(II) the projected reliance of the United States on foreign sources to meet those needs; and

(III) the projected implications of potential supply shortages, restrictions, or disruptions;

(iv) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 3-year, and 5-year periods;

(v) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 3-year, and 5-year periods;

(vi) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and

(vii) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this subsection.

(2) Proprietary information.--In preparing a report described in paragraph (1), the Secretary shall ensure, consistent with section 5(f) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(f)), that--

(A) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information;

(B) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information; and

(C) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information.

(j) Education and Workforce.--

(1) Workforce assessment.--Not later than 1 year and 300 days after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary, the Director of the National Science Foundation, institutions of higher education with significant expertise in mining, institutions of higher education with significant expertise in minerals research, including fundamental research into alternatives, and employers in the critical minerals sector, shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration, development, assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of--

(A) skills that are in the shortest supply as of the date of the assessment;

(B) skills that are projected to be in short supply in the future;

(C) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce;

(D) the effectiveness of training and education programs in addressing skills shortages;

(E) opportunities to hire locally for new and existing critical mineral activities;

(F) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policies described in section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602); and

(G) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry.

(2) Curriculum study.--

(A) In general.--The Secretary and the Secretary of Labor

(referred to in this subsection as the ``Secretaries'') shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the National Academy of Sciences and the National Academy of Engineering shall coordinate with the National Science Foundation on conducting a study--

(i) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling;

(ii) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling;

(iii) to develop guidelines for proposals from institutions of higher education with significant capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, research, development, production, manufacturing, and recycling; and

(iv) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in paragraph (3).

(B) Report.--Not later than 2 years after the date of enactment of this Act, the Secretaries shall submit to Congress a description of the results of the study required under subparagraph (A).

(3) Program.--

(A) Establishment.--The Secretaries shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for--

(i) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with paragraph (2);

(ii) internships, scholarships, and fellowships for students enrolled in programs related to critical minerals;

(iii) equipment necessary for integrated critical mineral innovation, training, and workforce development programs; and

(iv) research of critical minerals and applications of critical minerals, particularly concerning the manufacture of critical components vital to national security.

(B) Renewal.--A grant under this paragraph shall be renewable for not more than 2 additional 3-year terms based on performance criteria outlined under paragraph (2)(A)(iv).

(k) National Geological and Geophysical Data Preservation Program.--Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 2006 through 2010'' and inserting ``$3,000,000 for each of fiscal years 2019 through 2023, to remain available until expended''.

(l) Administration.--

(1) In general.--The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.

(2) Conforming amendment.--Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking ``, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.

(3) Savings clauses.--Nothing in this section or an amendment made by this section modifies any requirement or authority provided by--

(A) the matter under the heading ``geological survey'' of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or

(B) the first section of Public Law 87-626 (43 U.S.C. 31(b)).

(m) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.

______

SA 2574. Mr. PAUL submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS

BY THE UNITED STATES.

Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is amended by striking subsections (a) through (f) and inserting the following:

``(a) A general authorization to use military force, a declaration of war, or any similar authority, on its own, shall not be construed to authorize the imprisonment or detention without charge or trial of a person apprehended in the United States.

``(b) Subsection (a) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019.

``(c) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States.''.

______

SA 2575. Mr. MORAN (for himself, Mr. Manchin, and Mr. Crapo) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title V, add the following:

SEC. 598. PROHIBITION ON THE REDUCTION IN THE FORCE CAPACITY

OF THE MILITARY FUNERAL HONORS PROGRAM OF THE

ARMY NATIONAL GUARD.

(a) Prohibition on Reduction.--No action may be taken to reduce the capacity of the Military Funeral Honors Program

(MFH) of the Army National Guard if such reduction would result in a State without at least one coordinator to meet requirements and obligations to coordinate, perform, and facilitate funerals for veterans.

(b) Prohibition on Certain Dispersal or Consolidation of Coordinator Workforce.--No action may be taken to disperse or consolidate the workforce or responsibilities of coordinators described in subsection (a) across State lines.

(c) Policies.--The Secretary of the Army shall, in coordination with the Chief of the National Guard Bureau, ensure that the policies of the Army National Guad provide for the ongoing maintenance and presence of the Military Funeral Honors Program of the Army National Guard in each State.

______

SA 2576. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1066. CERTAIN SERVICE DEEMED TO BE ACTIVE MILITARY

SERVICE FOR PURPOSES OF LAWS ADMINISTERED BY

THE SECRETARY OF VETERANS AFFAIRS.

(a) In General.--For purposes of section 401(a)(1)(A) of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note), the Secretary of Defense is deemed to have determined that qualified service of an individual constituted active military service.

(b) Determination of Discharge Status.--

(1) In general.--The Secretary of Defense shall issue an honorable discharge under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 to each person whose qualified service warrants an honorable discharge.

(2) Timing.--A discharge under paragraph (1) shall be issued before the end of the one-year period beginning on the date of the enactment of this Act.

(c) Prohibition of Retroactive Benefits.--No benefits may be paid to any individual as a result of the enactment of this section for any period before the date of the enactment of this Act.

(d) Qualified Service Defined.--In this section, the term

``qualified service'' means service of an individual as a member of the organization known as the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 15, 1945.

______

SA 2577. Mr. GARDNER submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

SEC. 12__. SENSE OF CONGRESS ON REGULAR FREEDOM OF NAVIGATION

OPERATIONS IN THE TAIWAN STRAIT.

It is the sense of Congress that the United States should conduct regular freedom of navigation operations in the Taiwan Strait.

______

SA 2578. Mr. MENENDEZ submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title XII, add the following:

SEC. 12__. ROLE OF DEPARTMENT OF STATE REGARDING DESIGNATIONS

AND EXTENSIONS OF DESIGNATIONS OF TEMPORARY

PROTECTED STATUS.

(a) Findings.--Congress makes the following findings:

(1) The United States Embassies in Honduras, El Salvador, and Haiti recommended that it would be in the United States national interest to extend temporary protected status (TPS) designations for each such country, per diplomatic cables sent in June 2017, July 2017, and August 2017, respectively.

(2) The United States Embassy in Haiti, in a diplomatic cable sent in August 2017, stated that repatriating tens of thousands of TPS beneficiaries and their United States citizen children would pose challenges to the ability of the Haitian National Police to guarantee security throughout Haiti.

(3) In his October 31, 2017, letter to the Department of Homeland Security, then Secretary of State Rex Tillerson warned that terminating the TPS designations for El Salvador and Honduras may lead to retaliatory actions by both governments that would be counter to United States national security interests, including a potential reduction in bilateral cooperation to address narcotics trafficking and the illicit activities of criminal gangs, such as MS-13.

(4) In recommendations accompanying then Secretary Tillerson's October 31, 2017, letter to the Department of Homeland Security, the Department of State warned that the prevalence of violence and lack of economic opportunities in El Salvador and Honduras would leave some repatriated TPS beneficiaries and their accompanying United States citizen children vulnerable to recruitment by criminal gangs, such as MS-13, or other forms of illicit employment.

(5) The Executive announced the termination of the TPS designations for El Salvador and Haiti in November 2017 and for Honduras in May 2018.

(b) Role of Department of State Regarding Designations.--Section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)) is amended by inserting ``in coordination with the Secretary of State, and'' before ``after consultation with appropriate agencies of the Government''.

(c) Role of Department of State Regarding Extension or Termination of Designations.--Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended--

(1) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D) respectively;

(2) by inserting before subparagraph (B) the following:

``(A) Assessment of country conditions.--Not less than 90 days before the date on which the initial period of designation or any extended period of designation of a foreign state (or a part of a foreign state) under this section ends, the Secretary of State shall submit to the Secretary of Homeland Security--

``(i) an assessment of the conditions in the foreign state

(or the part of the foreign state) based on 1 or more reports from the United States Embassy located in the foreign state; and

``(ii) a recommendation for whether such designation should be extended.'';

(3) in subparagraph (B), as redesignated in paragraph (1), by inserting ``in coordination with the Secretary of State, and'' before ``after consultation with appropriate agencies of the Government'';

(4) in subparagraph (C), as redesignated in paragraph (1), by inserting ``, in coordination with the Secretary of State,'' before ``determines under subparagraph (A)''; and

(5) in subparagraph (D), as redesignated in paragraph (1), by inserting ``, in coordination with the Secretary of State,'' before ``does not determine under subparagraph

(A)''.

(d) Report on the Role of the Department State Regarding Designations and Extension or Termination of Designations.--Section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended by adding at the end the following new paragraph:

``(6) Report.--

``(A) In general.--The Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the assessment and recommendation submitted to the Secretary of Homeland Security at the time at which--

``(i) a foreign state is designated for temporary protected status; or

``(ii) the existing designation of a foreign state for temporary protected status is extended or terminated.

``(B) Matters to be included.--The report under subparagraph (A) shall include assessments and recommendations submitted to the Secretary of State by--

``(i) each relevant bureau of the Department of State; and

``(ii) the United States Embassy located in the applicable foreign state.''.

____________________

SOURCE: Congressional Record Vol. 164, No. 94

June 7, 2018: Congressional Record publishes “TEXT OF AMENDMENTS”

June 7, 2018: Congressional Record publishes “TEXT OF AMENDMENTS”

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