Amendment Text: S.Amdt.586 — 115th Congress (2017-2018)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (07/27/2017)

This Amendment appears on page S4541-4555 in the following article from the Congressional Record.

[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Pages S4440-S4606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 392. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2816. TREATMENT AS IN-KIND CONSIDERATION OF FINANCIAL 
                   SUPPORT AND SERVICES PROVIDED BY FINANCIAL 
                   INSTITUTIONS ON LAND LEASED ON MILITARY 
                   INSTALLATIONS.

       Section 2667 of title 10, United States Code, is amended--
       (1) in subsection (b)(4), by inserting ``, except as 
     otherwise provided in subsection (c)(4),'' after ``amount 
     that''; and
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4)(A) In the case of a lease under this section that is 
     entered into during the period described in subparagraph (C) 
     with an insured depository institution chartered by the 
     Federal Government or a State, the Secretary concerned may 
     deem financial support and services provided by the insured 
     depository institution to members of the armed forces, 
     civilian employees of the Department of Defense, and their 
     dependents as sufficient in-kind consideration to cover all 
     lease, services, and utilities costs assessed with regard to 
     the leased property.
       ``(B) The Secretary concerned may renegotiate the terms of 
     a lease under this section that was entered into prior to the 
     period described in subparagraph (C) with an insured 
     depository institution to apply subparagraph (A) to the lease 
     as if such subparagraph were in effect at the time the 
     Secretary entered into the lease.
       ``(C) The period described in this subparagraph is the 
     period that begins on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2018 and 
     ends on September 30, 2023.''.
                                 ______
                                 
  SA 393. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 899D. USE OF COMMERCIAL ITEMS FOR PHYSICAL ACCESS 
                   CONTROL SYSTEMS OR IDENTITY MANAGEMENT SYSTEMS.

       (a) In General.--The procurement process for any covered 
     Physical Access Control System or Identity Management System 
     shall be carried out in accordance with section 2377 of title 
     10, United States Code.
       (b) Certification.--Not later than 30 days after the date 
     of the enactment of this Act, the Service Acquisition 
     Executive responsible for each covered Physical Access 
     Control System or Identity Management System shall certify to 
     the congressional defense committees that the procurement 
     process for any covered Physical Access Control System or 
     Identity Management System procured after the date of the 
     enactment of this Act will be carried out in accordance with 
     section 2377 of title 10, United States Code.
       (c) Covered Physical Access Control System or Identity 
     Management System Defined.--In this section, the term 
     ``covered Physical Access Control System or Identity 
     Management System'' includes the following:
       (1) The Defense Biometric Identification System (DBIDS).
       (2) The Automated Installation Entry (AIE) system.
       (3) The Biometric Automated Access Control System (BAACS).
       (4) The Navy Access Control Management System (NACMS).
                                 ______
                                 
  SA 394. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                   INSTALLATION ACCESS CONTROL INITIATIVES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report evaluating Department of Defense 
     installation access control initiatives.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of Department of Defense requirements for 
     managing access to military installations and the extent to

[[Page S4441]]

     which the Department has taken an enterprise-wide approach to 
     developing those requirements and identifying capability 
     gaps.
       (2) A description of capabilities (processes and systems) 
     that are in place at military installations that currently 
     meet these requirements.
       (3) A summary of which options, including business process 
     reengineering, the development or acquisition of business 
     systems, and the acquisition of commercial solutions, are 
     being are being pursued to close those gaps.
       (4) A description of how the Department of Defense is 
     assessing which options to pursue in terms of cost, schedule, 
     and potential performance and to what extent the Department's 
     assessments follow directives under the Federal Acquisition 
     Regulation and Defense Supplement to the Federal Acquisition 
     Regulation to consider commercial products and services.
                                 ______
                                 
  SA 395. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF ROBOTIC SERVICING OF GEOSYNCHRONOUS 
                   SATELLITES PROGRAM OF DEFENSE ADVANCED RESEARCH 
                   PROJECTS AGENCY.

       (a) Retention of Ownership.--The Secretary of Defense shall 
     ensure that the United States retains all ownership of and 
     rights to systems developed under the robotic servicing of 
     geosynchronous satellites program of the Defense Advanced 
     Research Projects Agency.
       (b) Prohibition on Operation by Contractor.--The Secretary 
     may not transfer ownership or the operation of systems 
     resulting from the robotic servicing of geosynchronous 
     satellites program to a commercial entity.
       (c) Use of Program.--The Secretary may use the robotic 
     servicing of geosynchronous satellites program only if--
       (1) such use services assets of the United States; and
       (2) the Secretary determines that such use is more cost 
     effective than any commercial alternative.
                                 ______
                                 
  SA 396. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   UNITED STATES INTERESTS IN THE FREELY 
                   ASSOCIATED STATES.

       (a) Report Required.--Not later than December 1, 2018, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth the 
     results of a study, conducted by the Comptroller General for 
     purposes of the report, on United States security and foreign 
     policy interests in the Freely Associated States of the 
     Republic of Palau, the Republic of the Marshall Islands, and 
     the Federated States of Micronesia.
       (b) Elements.--The study required pursuant to subsection 
     (a) shall address the following:
       (1) The role of the Compacts of Free Association in 
     promoting United States defense and foreign policy interests, 
     and the status of the obligations of the United States and 
     the Freely Associated States under the Compacts of Free 
     Association.
       (2) The economic assistance practices of the People's 
     Republic of China in the Freely Associated States, and the 
     implications of such practices for United States defense and 
     foreign policy interests in the Freely Associated States and 
     the Pacific region.
       (3) The economic assistance practices of other countries in 
     the Freely Associated States, as determined by the 
     Comptroller General, and the implications of such practices 
     for United States defense and foreign policy interests in the 
     Freely Associated States and the Pacific region.
       (4) Any other matters the Comptroller General considers 
     appropriate.
       (c) Consultation.--The Comptroller General shall consult in 
     the preparation of the report with other departments and 
     agencies of the United States Government, including elements 
     of the intelligence community.
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified for, but may include a classified 
     annex.
                                 ______
                                 
  SA 397. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS 
                   APPLICABLE TO UNSPECIFIED MINOR MILITARY 
                   CONSTRUCTION AUTHORITIES.

       Section 2805 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Adjustment of Dollar Limitations for Location.--Each 
     fiscal year, the Secretary concerned shall adjust the dollar 
     limitations specified in this section applicable to an 
     unspecified minor military construction project to reflect 
     the area construction cost index for military construction 
     projects published by the Department of Defense during the 
     prior fiscal year for the location of the project.''.
                                 ______
                                 
  SA 398. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1049. ACCESS OF VETERANS SERVICE ORGANIZATIONS TO 
                   MILITARY INSTALLATIONS IN THE UNITED STATES FOR 
                   SUPPORT OF PROVISION OF PRESEPARATION 
                   COUNSELING AND RELATED BENEFITS TO MEMBERS OF 
                   THE ARMED FORCES.

       (a) Access To Be Authorized.--
       (1) In general.--Under regulations prescribed by the 
     Secretary of Defense for purposes of this section, commanders 
     of military installations in the United States shall permit 
     representatives of veterans service organization reasonable 
     and regular access to such military installations in order to 
     permit such representatives to support and facilitate efforts 
     of the Department of Defense to provide preseparation 
     counseling and related benefits under chapter 58 of title 10, 
     United States Code, to members of the Armed Forces stationed 
     at such installations.
       (2) Scope of access.--Any access to an installation under 
     this subsection shall occur only in a manner fully consistent 
     with the maintenance of security and safety at such 
     installation.
       (b) Veterans Service Organizations.--For purposes of this 
     section, veterans service organizations are organizations 
     recognized by the Secretary of Veterans Affairs pursuant to 
     section 5902 of title 38, United States Code.
       (c) Regulations.--In prescribing regulations for purposes 
     of this section, the Secretary of Defense shall avoid the 
     following:
       (1) The recommendation or endorsement of a particular 
     veterans service organization over another veterans service 
     organization in the support or facilitation of efforts 
     described in subsection (a).
       (2) The encouragement, support, or other suggestion that a 
     member of the Armed Forces seek membership in a veterans 
     service organization.
       (d) Commencement of Access.--Access to installations under 
     this section shall commence upon the date specified by the 
     Secretary of Defense in the regulations prescribed for 
     purposes of this section, which date shall be not later than 
     one year after the date of the enactment of this Act.
                                 ______
                                 
  SA 399. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2803. REVITALIZATION OF JUNGLE OPERATIONS TRAINING 
                   RANGES.

       (a) Authority.--For the revitalization of jungle operations 
     training ranges under the jurisdiction of the Secretary of 
     the Army, the Secretary may obligate and expend--
       (1) from appropriations available to the Secretary for 
     operation and maintenance, amounts necessary to carry out an 
     unspecified minor military construction project costing not 
     more than $6,600,000, notwithstanding section 2805(c) of 
     title 10, United States Code; or
       (2) from appropriations available to the Secretary for 
     military construction not otherwise authorized by law, 
     amounts necessary to carry out an unspecified minor military 
     construction project costing not more than $6,600,000.
       (b) Notification Requirement.--When a decision is made to 
     carry out an unspecified

[[Page S4442]]

     minor military construction project to which subsection (a) 
     is applicable, the Secretary shall notify in writing the 
     congressional defense committees of that decision, of the 
     justification for the project, and of the estimated cost of 
     the project in accordance with section 2805(b) of title 10, 
     United States Code.
       (c) Sunset.--The authority to carry out a project under 
     subsection (a) shall expire at the close of September 30, 
     2019.
                                 ______
                                 
  SA 400. Mr. McCAIN (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Beginning on page 35, strike lines 8 through 23 and insert 
     the following:
       ``(3) Applicable annual inflation factor.--In paragraph 
     (2), the term `applicable annual inflation factor' means, for 
     a fiscal year--
       ``(A) for each of the 1903A enrollee categories described 
     in subparagraphs (C), (D), and (E) of subsection (e)(2), the 
     percentage increase in the medical care component of the 
     consumer price index for all urban consumers (U.S. city 
     average) from September of the previous fiscal year to 
     September of the fiscal year involved, plus 1 percentage 
     point; and
       ``(B) for each of the 1903A enrollee categories described 
     in subparagraphs (A) and (B) of subsection (e)(2), the 
     percentage increase in the medical care component of the 
     consumer price index for all urban consumers (U.S. city 
     average) from September of the previous fiscal year to 
     September of the fiscal year involved, plus 2 percentage 
     points.
                                 ______
                                 
  SA 401. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Beginning on page 10, strike lines 21 and all that follows 
     through page 11, line 5, and insert the following:
       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year is 90 
     percent.''; and
       (III) by striking subclause (VI).

                                 ______
                                 
  SA 402. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 107 and insert the following:

     SEC. 107. MEDICAID EXPANSION.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2019,'' after ``2014,''; and
       (ii) in clause (ii), in subclause (XX), by inserting ``and 
     ending December 31, 2017,'' after ``2014,'', and by adding at 
     the end the following new subclause:
       ``(XXIII) beginning January 1, 2020, who are expansion 
     enrollees (as defined in subsection (nn)(1));''; and
       (B) by adding at the end the following new subsection:
       ``(nn) Expansion Enrollees.--
       ``(1) In general.--In this title, the term `expansion 
     enrollee' means an individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i); and
       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved.
       ``(2) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, with respect to'' and all that follows through ``shall be 
     equal to'' and inserting ``and that has elected to cover 
     newly eligible individuals before March 1, 2017, with respect 
     to amounts expended by such State before January 1, 2020, for 
     medical assistance for newly eligible individuals described 
     in subclause (VIII) of section 1902(a)(10)(A)(i), and, with 
     respect to amounts expended by such State after December 31, 
     2019, and before January 1, 2030, for medical assistance for 
     expansion enrollees (as defined in section 1902(nn)(1)), 
     shall be equal to the higher of the percentage otherwise 
     determined for the State and year under subsection (b) 
     (without regard to this subsection) and'';
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (iii) by striking subparagraph (E) and inserting the 
     following new subparagraphs:
       ``(E) 90 percent for calendar quarters in 2020;
       ``(F) 88 percent for calendar quarters in 2021;
       ``(G) 86 percent for calendar quarters in 2022;
       ``(H) 84 percent for calendar quarters in 2023;
       ``(I) 82 percent for calendar quarters in 2024;
       ``(J) 80 percent for calendar quarters in 2025;
       ``(K) 78 percent for calendar quarters in 2026;
       ``(L) 76 percent for calendar quarters in 2027;
       ``(M) 74 percent for calendar quarters in 2028; and
       ``(N) 72 percent for calendar quarters in 2029.''; and
       (iv) by adding after and below subparagraph (H) (as added 
     by clause (iii)), the following flush sentence:
     ``The Federal medical assistance percentage determined for a 
     State and year under subsection (b) shall apply to 
     expenditures for medical assistance to newly eligible 
     individuals (as so described) and expansion enrollees (as so 
     defined), in the case of a State that has elected to cover 
     newly eligible individuals before March 1, 2017, for calendar 
     quarters after 2029, and, in the case of any other State, for 
     calendar quarters (or portions of calendar quarters) after 
     February 28, 2017.''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A)--

       (I) by inserting ``through 2023'' after ``each year 
     thereafter''; and
       (II) by striking ``shall be equal to'' and inserting ``and, 
     for periods after December 31, 2019 and before January 1, 
     2024, who are expansion enrollees (as defined in section 
     1902(nn)(1)) shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and''; and

       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year through 
     2029 is 90 percent.''; and
       (III) by striking subclause (VI).

       (b) Sunset of Medicaid Essential Health Benefits 
     Requirement.--Section 1937(b)(5) of the Social Security Act 
     (42 U.S.C. 1396u-7(b)(5)) is amended by adding at the end the 
     following: ``This paragraph shall not apply after December 
     31, 2019.''.
                                 ______
                                 
  SA 403. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       Strike section 112 and insert the following:

     SEC. 112. MEDICAID EXPANSION.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) in section 1902 (42 U.S.C. 1396a)--
       (A) in subsection (a)(10)(A)--
       (i) in clause (i)(VIII), by inserting ``and ending December 
     31, 2019,'' after ``2014,''; and
       (ii) in clause (ii), in subclause (XX), by inserting ``and 
     ending December 31, 2017,'' after ``2014,'', and by adding at 
     the end the following new subclause:
       ``(XXIII) beginning January 1, 2020, who are expansion 
     enrollees (as defined in subsection (nn)(1));''; and
       (B) by adding at the end the following new subsection:
       ``(nn) Expansion Enrollees.--
       ``(1) In general.--In this title, the term `expansion 
     enrollee' means an individual--
       ``(A) who is under 65 years of age;
       ``(B) who is not pregnant;
       ``(C) who is not entitled to, or enrolled for, benefits 
     under part A of title XVIII, or enrolled for benefits under 
     part B of title XVIII;
       ``(D) who is not described in any of subclauses (I) through 
     (VII) of subsection (a)(10)(A)(i); and
       ``(E) whose income (as determined under subsection (e)(14)) 
     does not exceed 133 percent of the poverty line (as defined 
     in section 2110(c)(5)) applicable to a family of the size 
     involved.
       ``(2) Application of related provisions.--Any reference in 
     subsection (a)(10)(G), (k), or (gg) of this section or in 
     section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to 
     individuals described in subclause (VIII) of subsection 
     (a)(10)(A)(i) shall be deemed to include a reference to 
     expansion enrollees.''; and
       (2) in section 1905 (42 U.S.C. 1396d)--
       (A) in subsection (y)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``, with respect to'' and all that follows through ``shall be 
     equal to'' and inserting ``and that has elected to cover 
     newly eligible individuals before March 1, 2017, with respect 
     to amounts expended by such State before January 1, 2020, for 
     medical assistance for newly eligible individuals

[[Page S4443]]

     described in subclause (VIII) of section 1902(a)(10)(A)(i), 
     and, with respect to amounts expended by such State after 
     December 31, 2019, and before January 1, 2030, for medical 
     assistance for expansion enrollees (as defined in section 
     1902(nn)(1)), shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and'';
       (ii) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (iii) by striking subparagraph (E) and inserting the 
     following new subparagraphs:
       ``(E) 90 percent for calendar quarters in 2020;
       ``(F) 88 percent for calendar quarters in 2021;
       ``(G) 86 percent for calendar quarters in 2022;
       ``(H) 84 percent for calendar quarters in 2023;
       ``(I) 82 percent for calendar quarters in 2024;
       ``(J) 80 percent for calendar quarters in 2025;
       ``(K) 78 percent for calendar quarters in 2026;
       ``(L) 76 percent for calendar quarters in 2027;
       ``(M) 74 percent for calendar quarters in 2028; and
       ``(N) 72 percent for calendar quarters in 2029.''; and
       (iv) by adding after and below subparagraph (H) (as added 
     by clause (iii)), the following flush sentence:
     ``The Federal medical assistance percentage determined for a 
     State and year under subsection (b) shall apply to 
     expenditures for medical assistance to newly eligible 
     individuals (as so described) and expansion enrollees (as so 
     defined), in the case of a State that has elected to cover 
     newly eligible individuals before March 1, 2017, for calendar 
     quarters after 2029, and, in the case of any other State, for 
     calendar quarters (or portions of calendar quarters) after 
     February 28, 2017.''; and
       (B) in subsection (z)(2)--
       (i) in subparagraph (A)--

       (I) by inserting ``through 2023'' after ``each year 
     thereafter''; and
       (II) by striking ``shall be equal to'' and inserting ``and, 
     for periods after December 31, 2019 and before January 1, 
     2024, who are expansion enrollees (as defined in section 
     1902(nn)(1)) shall be equal to the higher of the percentage 
     otherwise determined for the State and year under subsection 
     (b) (without regard to this subsection) and''; and

       (ii) in subparagraph (B)(ii)--

       (I) in subclause (IV), by striking the semicolon and 
     inserting ``; and'';
       (II) in subclause (V), by striking ``2018 is 90 percent; 
     and'' and inserting ``2018 and each subsequent year through 
     2029 is 90 percent.''; and
       (III) by striking subclause (VI).

       (b) Sunset of Medicaid Essential Health Benefits 
     Requirement.--Section 1937(b)(5) of the Social Security Act 
     (42 U.S.C. 1396u-7(b)(5)) is amended by adding at the end the 
     following: ``This paragraph shall not apply after December 
     31, 2019.''.
                                 ______
                                 
  SA 404. Ms. WARREN (for herself and Mr. Leahy) submitted an amendment 
intended to be proposed by her to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 1070 and insert the following:

     SEC. ___. REPORTS ON CIVILIAN CASUALTIES IN CONNECTION WITH 
                   UNITED STATES MILITARY OPERATIONS.

       (a) Biannual Reports.--
       (1) In general.--Not later than April 1, 2018, and every 
     six months thereafter, the Secretary of Defense shall submit 
     to the congressional defense committees a report on civilian 
     casualties caused as a result of United States military 
     operations during the preceding six months.
       (2) Elements.--Each report under paragraph (1) shall set 
     forth the following:
       (A) A list of all the United States military operations 
     during the six month covered by such report that were 
     confirmed to have resulted in civilian casualties.
       (B) For each military operation listed pursuant to 
     subparagraph (A), the following:
       (i) The date.
       (ii) The location.
       (iii) The type of operation.
       (iv) The confirmed number of civilian casualties.
       (b) Annual Report.--Not later than April 1 each year, the 
     Secretary shall submit to the congressional defense 
     committees a report setting forth the following:
       (1) The information required under subsection (a)(2) for 
     the preceding year, including any changes to such information 
     as submitted previously in a report under subsection (a).
       (2) Details on trends of civilian casualties caused as a 
     result of United States military operations during the 
     preceding year, as well as changes made or intended to be 
     made to mitigate future civilian casualties as a result of 
     United States military operations.
       (c) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Sunset.--The requirements to submit reports under this 
     section shall expire on the date that is five years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 405. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASING COMPETITION IN MULTIPLE-AWARD TASK OR 
                   DELIVERY ORDER CONTRACTS AND CERTAIN FEDERAL 
                   SUPPLY SCHEDULE CONTRACTS.

       Section 3306(c) of title 41, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by inserting ``except as provided 
     in paragraph (3),'' before ``include cost or price''; and
       (B) in subparagraph (C), by inserting ``except as provided 
     in paragraph (3),'' before ``disclose to offerors''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Increasing competition for certain multiple-award 
     contracts and certain federal supply schedule contracts for 
     services acquired on an hourly rate.--If the head of an 
     executive agency issues a solicitation for two or more 
     contracts for services to be acquired on an hourly rate basis 
     under the authority of sections 4103 and 4106 of this title 
     (multiple award task or delivery order contracts) or section 
     152(3) of this title and section 501(b) of title 40 (Federal 
     Supply Schedule contracts), then--
       ``(A) when the contract or contracts feature individually 
     competed task or delivery orders based on or built up from 
     hourly rates, the contracting officer need not consider cost 
     or price as an evaluation factor for contract award;
       ``(B) the disclosure requirement of subparagraph (C) of 
     paragraph (1) shall not apply; and
       ``(C) cost or price to the Federal Government shall be 
     considered in conjunction with the issuance of any task 
     pursuant to section 4106(c) of this title.''.
                                 ______
                                 
  SA 406. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. PILOT PROGRAM ON APPOINTMENT OF GRADUATE AND 
                   UNDERGRADUATE STUDENTS IN POSITIONS IN THE 
                   DEFENSE ACQUISITION WORKFORCES OF THE MILITARY 
                   DEPARTMENTS.

       (a) Pilot Program Required.--The Secretary of Defense 
     shall, acting through the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics and the service 
     acquisition executives of the military departments, carry out 
     a pilot program to assess the feasibility and advisability of 
     appointing graduate and undergraduate students described in 
     subsection (b) to positions in the defense acquisition 
     workforce of the military departments in accordance with the 
     provisions of this section.
       (b) Graduate and Undergraduate Students.--
       (1) In general.--The graduate and undergraduate students 
     described in this subsection are individuals who--
       (A) are citizens of the United States;
       (B) are currently enrolled in a qualifying educational 
     institution on a full-time basis in a course of academic 
     study leading to a graduate degree or baccalaureate degree in 
     a field that is related to acquisition; and
       (C) are in good academic standing at the qualifying 
     educational institution concerned.
       (2) Qualifying educational institutions.--For purposes of 
     this subsection, a qualifying educational institution is any 
     educational institution awarding graduate or baccalaureate 
     degrees that is accredited by an appropriate accrediting body 
     recognized by the Secretary of Education.
       (c) Limitation.--The number of positions in the defense 
     acquisition workforce of a military department that are 
     filled under the pilot program in any fiscal year may not 
     exceed the number equal to one percent of the total number of 
     positions in the defense acquisition workforce of the 
     military department that are filled as of the end of the 
     preceding fiscal year.
       (d) Agreements.--
       (1) In general.--Each graduate or undergraduate student 
     selected for participation

[[Page S4444]]

     in the pilot program shall enter into an agreement with the 
     Under Secretary regarding participation in the pilot program.
       (2) Elements.--A graduate or undergraduate student shall 
     agree in the agreement under this subsection as follows:
       (A) To accept a term appointment with the Department of 
     Defense as described in subsection (e).
       (B) To obtain and maintain a security clearance at the 
     secret level or higher during participation in the pilot 
     program.
       (C) To successfully complete the course of academic study 
     of the student as described in subsection (b)(1)(B).
       (3) Participants.--Each graduate or undergraduate student 
     participating in the pilot program may be known as an 
     ``Acquisition Collegiate Program Intern'' or ``ACPI''.
       (e) Appointment.--
       (1) In general.--Each graduate or undergraduate student 
     participating in the pilot program shall be appointed to a 
     renewable term appointment in a position in the defense 
     acquisition workforce of a military department performing 
     such acquisition or acquisition-related duties, and for such 
     term, as the performance plan of the student under subsection 
     (h) shall specify.
       (2) Scope of appointment authority.--Appointments under the 
     pilot program may be made without regard to the provisions of 
     subchapter I of chapter 33 of title 5, United States Code.
       (f) Compensation.--
       (1) In general.--The rates of compensation for graduate and 
     undergraduate students in a position under the pilot program 
     pursuant to an initial appointment under the pilot program 
     shall be established in accordance with guidance issued by 
     the Secretary for purposes of the pilot program.
       (2) Funds.--Funds for the compensation of graduate and 
     undergraduate students appointed to positions under the pilot 
     program may be derived from amounts in the Department of 
     Defense Acquisition Workforce Development Fund.
       (g) Work Schedules.--The work schedule of a graduate or 
     undergraduate student participating in the pilot program 
     shall include a formal schedule of work and study designed to 
     ensure that periods of work do not interfere with the taking 
     of courses.
       (h) Performance Evaluation.--Each graduate or undergraduate 
     student participating in the pilot program shall be evaluated 
     for performance in the position to which appointed under the 
     pilot program using a performance plan issued to the student 
     upon appointment under the pilot program.
       (i) Promotion.--A graduate or undergraduate student 
     participating in the pilot program who performs successfully 
     in a position under the pilot program, and who otherwise 
     successfully meets all other requirements applicable to the 
     student under the pilot program, may be promoted.
       (j) Termination.--A graduate or undergraduate student 
     participating in the pilot program may be terminated from the 
     pilot program, and a position under the pilot program, for 
     misconduct, poor performance in position, or lack of 
     suitability for continuation in a position in the defense 
     acquisition workforce of a military department or any other 
     department, agency, organization, or element of the 
     Department of Defense.
       (k) Conversion to Competitive Service.--
       (1) In general.--The term appointment in a position under 
     the pilot program of a graduate or undergraduate student 
     participating in the pilot program may be converted on a 
     noncompetitive basis to a renewable term appointment in a 
     competitive service position upon the student's successful 
     completion of participation in the pilot program if the 
     student meets such conditions as the Secretary shall 
     establish at the commencement of the term appointment.
       (2) Scope of conversion.--A conversion under paragraph (1) 
     may be made to an appropriate position in any department, 
     agency, organization, or other element of the Department.
       (3) No right of employment.--Participation in the pilot 
     program confers no right on a student for further employment 
     by the Department of Defense in the competitive or excepted 
     service.
       (4) Accrual of career tenure.--The tenure of a student in a 
     position under the pilot program shall count the toward the 
     career tenure of the student in Department after a 
     conversation of the student's position under paragraph (1), 
     whether with or without an intervening term appointment in 
     the competitive service.
       (l) Termination.--
       (1) In general.--The authority to appoint graduate or 
     undergraduate students to positions under the pilot program 
     shall expire on the date that is five years after the date of 
     the enactment of this Act.
       (2) Effect on existing appointments.--The termination by 
     paragraph (1) of the authority referred to in that paragraph 
     shall not affect any appointment made under that authority 
     before the termination date specified in that paragraph in 
     accordance with the terms of such appointment.
                                 ______
                                 
  SA 407. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. EXPANSION OF AVAILABILITY FROM DEPARTMENT OF 
                   VETERANS AFFAIRS OF SEXUAL TRAUMA COUNSELING 
                   AND TREATMENT FOR MEMBERS OF THE RESERVE 
                   COMPONENTS.

       Section 1720D(a)(2)(A) of title 38, United States Code, is 
     amended--
       (1) by striking ``on active duty''; and
       (2) by inserting before the period at the end the 
     following: ``that was suffered by the member while serving on 
     active duty, active duty for training, or inactive duty 
     training''.
                                 ______
                                 
  SA 408. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 1628, to provide for reconciliation 
pursuant to title II of the concurrent resolution on the budget for 
fiscal year 2017; which was ordered to lie on the table; as follows:

       Strike sections 123 through 139.
                                 ______
                                 
  SA 409. Mr. FLAKE (for himself, Mr. Paul, Mr. Donnelly, and Mr. 
Murphy) proposed an amendment to the bill H.R. 3298, to authorize the 
Capitol Police Board to make payments from the United States Capitol 
Police Memorial Fund to employees of the United States Capitol Police 
who have sustained serious line-of-duty injuries, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wounded Officers Recovery 
     Act of 2017''.

     SEC. 2. PAYMENTS FROM UNITED STATES CAPITOL POLICE MEMORIAL 
                   FUND FOR EMPLOYEES KILLED IN THE LINE OF DUTY 
                   OR SUSTAINING SERIOUS LINE-OF-DUTY INJURIES.

       (a) Authorizing Payments From Fund.--Section 2 of Public 
     Law 105-223 (2 U.S.C. 1952) is amended--
       (1) in the section heading, by inserting ``AND CERTAIN 
     OTHER UNITED STATES CAPITOL POLICE EMPLOYEES'' before the 
     period at the end;
       (2) by striking ``Subject to the regulations'' and 
     inserting ``(a) In General.--Except to the extent used or 
     reserved for use under subsection (b) and subject to the 
     regulations''; and
       (3) by adding at the end the following new subsection:
       ``(b) Payments for Employees Killed in the Line of Duty or 
     Sustaining Serious Line-of-duty Injuries.--In addition to the 
     amounts paid under subsection (a), and in accordance with the 
     regulations issued under section 4(b), amounts in the Fund 
     may be paid to--
       ``(1) families of employees of the United States Capitol 
     Police who were killed in the line of duty; or
       ``(2) employees of the United States Capitol Police who 
     have sustained serious line-of-duty injuries.''.
       (b) Regulations of Capitol Police Board.--Section 4 of 
     Public Law 105-223 (2 U.S.C. 1954) is amended--
       (1) by striking ``The Capitol Police Board'' and inserting 
     ``(a) In General.--The Capitol Police Board''; and
       (2) by adding at the end the following new subsection:
       ``(b) Regulations Governing Payments for Employees Killed 
     in the Line of Duty or Sustaining Serious Line-of-duty 
     Injuries.--In carrying out subsection (a), the Capitol Police 
     Board shall issue specific regulations governing the use of 
     the Fund for making payments to families of employees of the 
     United States Capitol Police who were killed in the line of 
     duty and employees of the United States Capitol Police who 
     have sustained serious line-of-duty injuries (as authorized 
     under section 2(b)), including regulations--
       ``(1) establishing the conditions under which the family of 
     an employee or an employee is eligible to receive such a 
     payment;
       ``(2) providing for the amount, timing, and manner of such 
     payments; and
       ``(3) ensuring that any such payment is in addition to, and 
     does not otherwise affect, any other form of compensation 
     payable to the family of an employee or the employee, 
     including benefits for workers' compensation under chapter 81 
     of title 5, United States Code.''.
       (c) Treatment of Amounts Received in Response to Incident 
     of June 14, 2017.--The second sentence of section 1 of Public 
     Law 105-223 (2 U.S.C. 1951) is amended by striking ``deposit 
     into the Fund'' and inserting ``deposit into the Fund, 
     including amounts received in response to the shooting 
     incident at the practice for the Congressional Baseball Game 
     for Charity on June 14, 2017,''.
                                 ______
                                 
  SA 410. Mr. BOOKER (for himself, Mrs. Fischer, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, to authorize appropriations for fiscal year 2018 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy,

[[Page S4445]]

to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike title XXXV and insert the following:
                  TITLE XXXV--MARITIME ADMINISTRATION

     SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Transportation for fiscal year 2018, to be 
     available without fiscal year limitation if so provided in 
     appropriations Acts, for programs associated with maintaining 
     the United States merchant marine, the following amounts:
       (1) For expenses necessary for operations of the United 
     States Merchant Marine Academy, $100,802,000, of which--
       (A) $75,751,000 shall be for Academy operations, 
     including--
       (i) the implementation of section 3514(b) of the National 
     Defense Authorization Act for Fiscal Year 2017, as added by 
     section 3508; and
       (ii) staffing, training, and other actions necessary to 
     prevent and respond to sexual harassment and sexual assault; 
     and
       (B) $25,051,000 shall remain available until expended for 
     capital asset management at the Academy.
       (2) For expenses necessary to support the State maritime 
     academies, $29,550,000, of which--
       (A) $2,400,000 shall remain available until September 30, 
     2018, for the Student Incentive Program;
       (B) $3,000,000 shall remain available until expended for 
     direct payments to such academies;
       (C) $22,000,000 shall remain available until expended for 
     maintenance and repair of State maritime academy training 
     vessels;
       (D) $1,800,000 shall remain available until expended for 
     training ship fuel assistance; and
       (E) $350,000 shall remain available until expended for 
     expenses to improve the monitoring of the service obligations 
     of graduates.
       (3) For expenses necessary to support the National Security 
     Multi-Mission Vessel Program, $36,000,000, which shall remain 
     available until expended.
       (4) For expenses necessary to support Maritime 
     Administration operations and programs, $58,694,000.
       (5) For expenses necessary to dispose of vessels in the 
     National Defense Reserve Fleet, $20,000,000, which shall 
     remain available until expended.
       (6) For expenses necessary for the loan guarantee program 
     authorized under chapter 537 of title 46, United States Code, 
     $33,000,000, of which--
       (A) $30,000,000 may be used for the cost (as defined in 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5))) of loan guarantees under the program; and
       (B) $3,000,000 may be used for administrative expenses 
     relating to loan guarantee commitments under the program.
       (b) Assistance for Small Shipyards and Maritime 
     Communities.--Section 54101(i) of title 46, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``2015 through 2017'' and inserting ``2018 through 2020'';
       (2) in paragraph (1), by striking ``$5,000,000'' and 
     inserting ``$7,500,000''; and
       (3) in paragraph (2), by striking ``$25,000,000'' and 
     inserting ``$27,500,000''.

     SEC. 3502. REMOVAL ADJUNCT PROFESSOR LIMIT AT UNITED STATES 
                   MERCHANT MARINE ACADEMY.

       Section 51317 of title 46, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``and'' at the end; and
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (2) by striking subsections (c) and (d).

     SEC. 3503. ACCEPTANCE OF GUARANTEES IN CONJUNCTION WITH 
                   PARTIAL DONATIONS FOR MAJOR PROJECTS OF THE 
                   UNITED STATES MERCHANT MARINE ACADEMY.

       (a) Guarantees.--Chapter 513 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 51320. Acceptance of guarantees with gifts for major 
       projects

       ``(a) Definitions.--In this section:
       ``(1) Major project.--The term `major project' means a 
     project estimated to cost at least $1,000,000 for--
       ``(A) the purchase or other procurement of real or personal 
     property; or
       ``(B) the construction, renovation, or repair of real or 
     personal property.
       ``(2) Major united states commercial bank.--The term `major 
     United States commercial bank' means a commercial bank that--
       ``(A) is an insured bank (as defined in section 3(h) of the 
     Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
       ``(B) is headquartered in the United States; and
       ``(C) has total net assets of an amount considered by the 
     Maritime Administrator to qualify the bank as a major bank.
       ``(3) Major united states investment management firm.--The 
     term `major United States investment management firm' means--
       ``(A) any broker or dealer (as such terms are defined in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c));
       ``(B) any investment adviser or provider of investment 
     supervisory services (as such terms are defined in section 
     202 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
     2)); or
       ``(C) a major United States commercial bank that--
       ``(i) is headquartered in the United States; and
       ``(ii) holds for the account of others investment assets in 
     a total amount considered by the Maritime Administrator to 
     qualify the bank as a major investment management firm.
       ``(4) Qualified guarantee.--The term `qualified guarantee', 
     with respect to a major project, means a guarantee that--
       ``(A) is made by 1 or more persons in connection with a 
     donation for the project of a total amount in cash or 
     securities that the Maritime Administrator determines is 
     sufficient to defray a substantial portion of the total cost 
     of the project;
       ``(B) is made to facilitate or expedite the completion of 
     the project in reasonable anticipation that other donors will 
     contribute sufficient funds or other resources in amounts 
     sufficient to pay for completion of the project;
       ``(C) is set forth as a written agreement providing that 
     the donor will furnish in cash or securities, in addition to 
     the donor's other gift or gifts for the project, any 
     additional amount that may become necessary for paying the 
     cost of completing the project by reason of a failure to 
     obtain from other donors or sources funds or other resources 
     in amounts sufficient to pay the cost of completing the 
     project; and
       ``(D) is accompanied by--
       ``(i) an irrevocable and unconditional standby letter of 
     credit for the benefit of the United States Merchant Marine 
     Academy that is in the amount of the guarantee and is issued 
     by a major United States commercial bank; or
       ``(ii) a qualified account control agreement.
       ``(5) Qualified account control agreement.--The term 
     `qualified account control agreement', with respect to a 
     guarantee of a donor, means an agreement among the donor, the 
     Maritime Administrator, and a major United States investment 
     management firm that--
       ``(A) ensures the availability of sufficient funds or other 
     financial resources to pay the amount guaranteed during the 
     period of the guarantee;
       ``(B) provides for the perfection of a security interest in 
     the assets of the account for the United States for the 
     benefit of the United States Merchant Marine Academy with the 
     highest priority available for liens and security interests 
     under applicable law;
       ``(C) requires the donor to maintain in an account with the 
     investment management firm assets having a total value that 
     is not less than 130 percent of the amount guaranteed; and
       ``(D) requires the investment management firm, whenever the 
     value of the account is less than the value required to be 
     maintained under subparagraph (C), to liquidate any noncash 
     assets in the account and reinvest the proceeds in Treasury 
     bills issued under section 3104 of title 31.
       ``(b) Acceptance Authority.--Subject to subsection (d), the 
     Maritime Administrator may accept a qualified guarantee from 
     a donor or donors for the completion of a major project for 
     the benefit of the United States Merchant Marine Academy.
       ``(c) Obligation Authority.--The amount of a qualified 
     guarantee accepted under this section shall be considered as 
     contract authority to provide obligation authority for 
     purposes of Federal fiscal and contractual requirements. 
     Funds available for a project for which such a guarantee has 
     been accepted may be obligated and expended for the project 
     without regard to whether the total amount of funds and other 
     resources available for the project (not taking into account 
     the amount of the guarantee) is sufficient to pay for 
     completion of the project.
       ``(d) Notice.--The Maritime Administrator may not accept a 
     qualified guarantee under this section for the completion of 
     a major project until 30 days after the date on which a 
     report of the facts concerning the proposed guarantee is 
     submitted to Congress.
       ``(e) Prohibition on Commingling Funds.--The Maritime 
     Administrator may not enter into any contract or other 
     transaction involving the use of a qualified guarantee and 
     appropriated funds in the same contract or transaction.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United States Code, is amended by adding at 
     the end the following:

``51320. Acceptance of guarantees with gifts for major projects.''.

     SEC. 3504. AUTHORITY TO PAY CONVEYANCE OR TRANSFER EXPENSES 
                   IN CONNECTION WITH ACCEPTANCE OF A GIFT TO THE 
                   UNITED STATES MERCHANT MARINE ACADEMY.

       Section 51315 of title 46, United States Code, is amended 
     by inserting at the end the following:
       ``(f) Payment of Expenses.--The Maritime Administrator may 
     pay all necessary expenses in connection with the conveyance 
     or transfer of a gift, devise, or bequest accepted under this 
     section.''.

[[Page S4446]]

  


     SEC. 3505. AUTHORITY TO PARTICIPATE IN FEDERAL, STATE OR 
                   OTHER RESEARCH GRANTS.

       (a) Research Grants.--Chapter 513 of title 46, United 
     States Code, as amended by sections 3503 through 3505, is 
     further amended by adding at the end the following:

     ``Sec. 51321. Grants for scientific and educational research

       ``(a) Defined Term.--In this section, the term `qualifying 
     research grant' is a grant that--
       ``(1) is awarded on a competitive basis by the Federal 
     Government (except for the Department of Transportation), a 
     State, a corporation, a fund, a foundation, an educational 
     institution, or a similar entity that is organized and 
     operated primarily for scientific or educational purposes; 
     and
       ``(2) is to be used to carry out a research project with a 
     scientific or educational purpose.
       ``(b) Acceptance of Qualifying Research Grants.--
     Notwithstanding any other provision of law, the United States 
     Merchant Marine Academy may compete for and accept qualifying 
     research grants if the work under the grant is to be carried 
     out by a professor or instructor of the United States 
     Merchant Marine Academy.
       ``(c) Administration of Grant Funds.--
       ``(1) Establishment of account.--The Maritime Administrator 
     shall establish a separate account for administering funds 
     received from research grants under this section.
       ``(2) Use of grant funds.--The Superintendent shall use 
     grant funds deposited into the account established pursuant 
     to paragraph (1) in accordance with applicable regulations 
     and the terms and conditions of the respective grants.
       ``(d) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the United States Merchant Marine Academy may be used to 
     pay expenses incurred by the Academy in applying for, and 
     otherwise pursuing, a qualifying research grant.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     513 of title 46, United States Code, as amended by section 
     3504(b), is further amended by adding at the end the 
     following:

``51321. Grants for scientific and educational research.''.

     SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
                   COMMUNITIES.

       Section 54101 of title 46, United States Code, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Awards.--
       ``(1) In general.--In providing assistance under the 
     program, the Administrator shall take into account--
       ``(A) the economic circumstances and conditions of maritime 
     communities;
       ``(B) projects that would be effective in fostering 
     efficiency, competitive operations, and quality ship 
     construction, repair, and reconfiguration; and
       ``(C) projects that would be effective in fostering 
     employee skills and enhancing productivity.
       ``(2) Timing of award.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator shall award grants under this section not 
     later than 120 days after the date of the enactment of the 
     appropriations Act for the fiscal year concerned.
       ``(B) Reallocation of unused funds.--If a grant is awarded 
     under this section and, for any reason, the grant funds, or 
     any portion thereof, are not used by the grantee--
       ``(i) such funds shall remain available until expended; and
       ``(ii) the Administrator may use such unused funds to 
     award, in any fiscal year, another grant under this section 
     to an applicant who submitted an application under the 
     initial or any subsequent notice of availability of funds.''; 
     and
       (2) in subsection (c), by adding at the end the following:
       ``(3) Buy america.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Transportation shall not obligate any 
     funds authorized to be appropriated to carry out this chapter 
     unless the steel, iron, and manufactured products used in 
     such project are produced in the United States.
       ``(B) Exceptions.--The provisions of subparagraph (A) shall 
     not apply if the Secretary finds that--
       ``(i) their application would be inconsistent with the 
     public interest;
       ``(ii) such materials and products are not produced in the 
     United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(iii) inclusion of domestic material will increase the 
     cost of the overall project by more than 25 percent.''.

     SEC. 3507. DOMESTIC MARITIME CENTERS OF EXCELLENCE.

       (a) Designation Authority.--The Secretary of Transportation 
     is authorized to designate community and technical colleges 
     with a maritime training program and maritime training 
     centers operated by or under the supervision of a State, if 
     located in the United States along the Gulf of Mexico, 
     Atlantic Ocean, Pacific Ocean, Arctic Ocean, Bering Sea, Gulf 
     of Alaska, or Great Lakes, as centers of excellence for 
     domestic maritime workforce training and education.
       (b) Assistance.--
       (1) Types.--The Secretary may provide to an entity 
     designated as a center of excellence under subsection (a)--
       (A) technical assistance; and
       (B) surplus Federal equipment and assets.
       (2) Technical assistance.--The Secretary may provide 
     technical assistance under paragraph (1) to assist an entity 
     designated as a center of excellence under subsection (a) to 
     expand the capacity of the entity to train the domestic 
     maritime workforce of the United States, including by--
       (A) admitting additional students;
       (B) recruiting and training faculty;
       (C) expanding facilities;
       (D) creating new maritime career pathways; and
       (E) awarding students credit for prior experience, 
     including military service.

     SEC. 3508. ACCESS TO SATELLITE COMMUNICATION DEVICES DURING 
                   SEA YEAR PROGRAM.

       Section 3514 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328) is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(a) Vessel Operator Requirements.--Not later than''; and
       (2) by adding at the end the following:
       ``(b) Satellite Phone Access.--The Maritime Administrator 
     shall ensure that each student participating in the Sea Year 
     program is provided or has access to a functional satellite 
     communication device. A student may not be denied from using 
     such device whenever the student determines that such use is 
     necessary to prevent or report sexual harassment or 
     assault.''.

     SEC. 3509. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING 
                   VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, 
                   AND STALKING AT THE UNITED STATES MERCHANT 
                   MARINE ACADEMY.

       (a) Required Policy.--Subsection (a) of section 51318 of 
     title 46, United States Code, as added by section 3510 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2782), is amended--
       (1) in paragraph (1), by striking ``harassment and sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, and stalking'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``harassment and sexual assault'' and inserting ``harassment, 
     dating violence, domestic violence, sexual assault, and 
     stalking'';
       (B) in subparagraph (A), by inserting ``domestic violence, 
     dating violence, stalking,'' after ``acquaintance rape,'';
       (C) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``harassment or sexual assault,'' and inserting ``harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking,'';
       (ii) in clause (i), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking''; and
       (iii) in clause (iii), by striking ``criminal sexual 
     assault'' and inserting ``a criminal sexual offense'';
       (D) in subparagraph (D), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (E) in subparagraph (E)--
       (i) in clause (i), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (ii) in clause (ii), by striking ``sexual assault'' and 
     inserting ``sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking''; and
       (iii) in clause (iii), by striking ``harassment and sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking''; and
       (F) in subparagraph (F), by striking ``harassment or sexual 
     assault'' and inserting ``harassment, dating violence, 
     domestic violence, sexual assault, or stalking'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (4) by inserting after paragraph (2) the following:
       ``(3) Minimum training requirements for certain individuals 
     regarding sexual harassment, dating violence, domestic 
     violence, sexual assault, and stalking.--
       ``(A) Requirement.--The Maritime Administrator shall direct 
     the Superintendent of the United States Merchant Marine 
     Academy to develop a mandatory training program at the United 
     States Merchant Marine Academy for each individual who is 
     involved in implementing the Academy's student disciplinary 
     grievance procedures, including each individual who is 
     responsible for--
       ``(i) resolving complaints of reported sexual harassment, 
     dating violence, domestic violence, sexual assault, and 
     stalking;
       ``(ii) resolving complaints of reported violations of the 
     sexual misconduct policy of the Academy; or
       ``(iii) conducting an interview with a victim of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, or stalking.
       ``(B) Consultation.--The Superintendent shall develop the 
     training program described in subparagraph (A) in 
     consultation with national, State, or local sexual assault, 
     dating violence, domestic violence, or stalking victim 
     advocacy, victim services, or prevention organizations.
       ``(C) Elements.--The training required by subparagraph (A) 
     shall include the following:

[[Page S4447]]

       ``(i) Information on working with and interviewing persons 
     subjected to sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(ii) Information on particular types of conduct that 
     would constitute sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking, regardless of gender, 
     including same-sex sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking.
       ``(iii) Information on consent and the effect that drugs or 
     alcohol may have on an individual's ability to consent.
       ``(iv) Information on the effects of trauma, including the 
     neurobiology of trauma.
       ``(v) Training regarding the use of trauma-informed 
     interview techniques, which means asking questions of an 
     individual who has been a victim of sexual harassment, dating 
     violence, domestic violence, sexual assault, or stalking in a 
     manner that is focused on the experience of the victim, does 
     not judge or blame the victim, and is informed by evidence-
     based research on the neurobiology of trauma.
       ``(vi) Training on cultural awareness regarding how dating 
     violence, domestic violence, sexual assault, or stalking may 
     impact midshipmen differently depending on their cultural 
     background.
       ``(vii) Information on sexual assault dynamics, sexual 
     assault perpetrator behavior, and barriers to reporting.
       ``(D) Implementation.--
       ``(i) Development and approval schedule.--The training 
     program required by subparagraph (A) shall be developed not 
     later than 90 days after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2018.
       ``(ii) Completion of training.--Each individual who is 
     required to complete the training described in subparagraph 
     (A) shall complete such training not later than--

       ``(I) 270 days after enactment of the National Defense 
     Authorization Act for Fiscal Year 2018; or
       ``(II) 180 days after starting a position with 
     responsibilities that include the activities described clause 
     (i), (ii), or (iii) of subparagraph (A).''; and

       (5) by inserting after paragraph (5), as so redesignated, 
     the following:
       ``(6) Consistency with the higher education act of 1965.--
     The Secretary shall ensure that the policy developed under 
     this subsection meets the requirements set out in paragraph 
     (8) of section 485(f) of the Higher Education Act of 1965 (20 
     U.S.C. 1092(f)(8)).''.
       (b) Minimum Procedures for Handling Reports of Sexual 
     Harassment, Dating Violence, Domestic Violence, Sexual 
     Assault, or Stalking.--Subsection (b) of section 51318 of 
     title 46, United States Code, as added by section 3510 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2782), is amended to read as 
     follows:
       ``(b) Development Program.--
       ``(1) In general.--The Maritime Administrator shall ensure 
     that the development program of the Academy includes a 
     section that--
       ``(A) describes the relationship between honor, respect, 
     and character development and the prevention of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking at the Academy;
       ``(B) includes a brief history of the problem of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking in the merchant marine, in the Armed 
     Forces, and at the Academy; and
       ``(C) includes information relating to reporting sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking, victims' rights, and dismissal for 
     offenders.
       ``(2) Minimum requirements to combat retaliation.--
       ``(A) Requirement for plan.--Not later than 90 days after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2018, the Maritime 
     Administrator shall direct the Superintendent of the United 
     States Merchant Marine Academy to implement and maintain a 
     plan to combat retaliation against midshipmen at the United 
     States Merchant Marine Academy who report sexual harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking.
       ``(B) Violation of code of conduct.--The Superintendent 
     shall consider an act of retaliation against a midshipman at 
     the Academy who reports sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking as a Class I 
     violation of the Academy's Midshipman Regulations or 
     equivalent code of conduct.
       ``(C) Retaliation definition.--The Superintendent shall 
     work with the sexual assault prevention and response staff of 
     the Academy to define `retaliation' for purposes of this 
     subsection.
       ``(3) Minimum resource requirements.--
       ``(A) In general.--The Maritime Administrator shall ensure 
     the staff at the United States Merchant Marine Academy are 
     provided adequate and appropriate sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking 
     prevention and response training materials and resources. 
     Such resources shall include staff as follows:
       ``(i) Sexual assault response coordinator.
       ``(ii) Prevention educator.
       ``(iii) Civil rights officer.
       ``(iv) Staff member to oversee Sea Year.
       ``(B) Communication.--The Director of the Office of Civil 
     Rights of the Maritime Administration shall create and 
     maintain a direct line of communication to the sexual assault 
     response staff of the Academy that is outside of the chain of 
     command of the Academy.
       ``(4) Minimum training requirements.--The Superintendent 
     shall ensure that all cadets receive training on the sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, and stalking prevention and response sections of the 
     development program of the Academy, as described in paragraph 
     (1), as follows:
       ``(A) An initial training session, which shall occur not 
     later than 7 days after a cadet's initial arrival at the 
     Academy.
       ``(B) Additional training sessions, which shall occur 
     biannually following the cadet's initial training session 
     until the cadet graduates or leaves the Academy.''.
       (c) Aggregate Reporting.--Section 51318 of title 46, United 
     States Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), is amended by adding at the end the 
     following:
       ``(e) Data for Aggregate Reporting.--
       ``(1) In general.--No requirement related to 
     confidentiality in this section or section 51319 may be 
     construed to prevent a sexual assault response coordinator 
     from providing information for any report required by law 
     regarding sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(2) Identity protection.--Any information provided for a 
     report referred to in paragraph (1) shall be provided in a 
     manner that protects the identity of the victim or 
     witness.''.
       (d) Definitions.--Section 51318 of title 46, United States 
     Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), as amended by subsection (c), is further 
     amended by adding at the end the following:
       ``(f) Definitions.--In this section and section 51319:
       ``(1) Dating violence; domestic violence; stalking.--The 
     terms `dating violence', `domestic violence', and `stalking' 
     have the meanings given those terms is section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).
       ``(2) Sexual assault.--The term `sexual assault' means an 
     offense classified as a forcible or nonforcible sex offense 
     under the uniform crime reporting system of the Federal 
     Bureau of Investigation.''.
       (e) Conforming Amendments.--
       (1) Heading.--Section 51318 of title 46, United States 
     Code, as added by section 3510 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2782), is amended by striking the section heading 
     and inserting the following:

     ``Sec. 51318. Policy on sexual harassment, dating violence, 
       domestic violence, sexual assault, and stalking''.

       (2) Table of sections amendment.--The table of sections for 
     chapter 513 of title 46, United States Code, as amended by 
     subtitle A of title XXXV of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2774), is amended by striking the item relating to 
     section 51318 and inserting the following:

``51318. Policy on sexual harassment, dating violence, domestic 
              violence, sexual assault, and stalking.''.

     SEC. 3510. SEXUAL ASSAULT PREVENTION AND RESPONSE STAFF.

       (a) In General.--Section 51319 of title 46, United States 
     Code, as added by section 3511 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2785), is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Sexual Assault Response Coordinators.--
       ``(1) Requirement for coordinators.--The United States 
     Merchant Marine Academy shall employ or contract with at 
     least 1 full-time sexual assault response coordinator who 
     shall reside at or near the Academy. The Secretary of 
     Transportation may assign additional full-time or part-time 
     sexual assault response coordinators at the Academy as 
     necessary.
       ``(2) Selection criteria.--Each sexual assault response 
     coordinator shall be selected based on--
       ``(A) experience and a demonstrated ability to effectively 
     provide victim services related to sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking; 
     and
       ``(B) protection of the individual under applicable law to 
     provide privileged communication.
       ``(3) Confidentiality.--A sexual assault response 
     coordinator shall, to the extent authorized under applicable 
     law, provide confidential services to a midshipman who 
     reports being a victim of, or witness to, sexual harassment, 
     dating violence, domestic violence, sexual assault, or 
     stalking.
       ``(4) Training.--
       ``(A) Verification.--Not later than 90 days after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2018, the Maritime Administrator, in 
     consultation with the Director of the Maritime Administration 
     Office of Civil Rights, shall develop a process to verify 
     that each sexual assault response coordinator has completed 
     proper training.

[[Page S4448]]

       ``(B) Training requirements.--The training referred to in 
     subparagraph (A) shall include training in--
       ``(i) working with victims of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking;
       ``(ii) the policies, procedures, and resources of the 
     Academy related to responding to sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking; 
     and
       ``(iii) national, State, and local victim services and 
     resources available to victims of sexual harassment, dating 
     violence, domestic violence, sexual assault, and stalking.
       ``(C) Completion of training.--A sexual assault response 
     coordinator shall complete the training referred to in 
     subparagraphs (A) and (B) not later than--
       ``(i) 270 days after enactment of the National Defense 
     Authorization Act for Fiscal Year 2018; or
       ``(ii) 180 days after starting in the role of sexual 
     assault response coordinator.
       ``(5) Duties.--A sexual assault response coordinator 
     shall--
       ``(A) confidentially receive a report from a victim of 
     sexual harassment, dating violence, domestic violence, sexual 
     assault, or stalking;
       ``(B) inform the victim of--
       ``(i) the victim's rights under applicable law;
       ``(ii) options for reporting an incident of sexual 
     harassment, dating violence, domestic violence, sexual 
     assault, or stalking to the Academy and law enforcement;
       ``(iii) how to access available services, including 
     emergency medical care, medical forensic or evidentiary 
     examinations, legal services, services provided by rape 
     crisis centers and other victim service providers, services 
     provided by the volunteer sexual assault victim advocates at 
     the Academy, and crisis intervention counseling and ongoing 
     counseling;
       ``(iv) such coordinator's ability to assist in arranging 
     access to such services, with the consent of the victim;
       ``(v) available accommodations, such as allowing the victim 
     to change living arrangements and obtain accessibility 
     services;
       ``(vi) such coordinator's ability to assist in arranging 
     such accommodations, with the consent of the victim;
       ``(vii) the victim's rights and the Academy's 
     responsibilities regarding orders of protection, no contact 
     orders, restraining orders, or similar lawful orders issued 
     by the Academy or a criminal, civil, or tribal court; and
       ``(viii) privacy limitations under applicable law;
       ``(C) represent the interests of any midshipmen who reports 
     being a victim of sexual harassment, dating violence, 
     domestic violence, sexual assault, or stalking, even if such 
     interests are in conflict with the interests of the Academy;
       ``(D) advise the victim of, and provide written materials 
     regarding, the information described in subparagraph (B);
       ``(E) liaise with appropriate staff at the Academy, with 
     the victim's consent, to arrange reasonable accommodations 
     through the Academy to allow the victim to change living 
     arrangements, obtain accessibility services, or access other 
     accommodations;
       ``(F) maintain the privacy and confidentiality of the 
     victim, and shall not notify the Academy or any other 
     authority of the identity of the victim or the alleged 
     circumstances surrounding the reported incident unless--
       ``(i) otherwise required by applicable law;
       ``(ii) requested to do so by the victim who has been fully 
     and accurately informed about what procedures shall occur if 
     the information is shared; or
       ``(iii) notwithstanding clause (i) or clause (ii), there is 
     risk of imminent harm to other individuals;
       ``(G) assist the victim in contacting and reporting an 
     incident of sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking to the Academy or law 
     enforcement, if requested to do so by the victim who has been 
     fully and accurately informed about what procedures shall 
     occur if information is shared; and
       ``(H) submit to the Director of the Maritime Administration 
     Office of Civil Rights an annual report summarizing how the 
     resources supplied to the coordinator were used during the 
     prior year, including the number of victims assisted by the 
     coordinator.
       ``(b) Oversight.--
       ``(1) In general.--
       ``(A) Reporting.--Each sexual assault response coordinator 
     shall--
       ``(i) report directly to the Superintendent; and
       ``(ii) have concurrent reporting responsibility to the 
     Executive Director of the Maritime Administration on matters 
     related to the Maritime Administration and the Department of 
     Transportation and upon belief that the Academy leadership is 
     acting inappropriately regarding sexual assault prevention 
     and response matters.
       ``(B) Support.--The Maritime Administration Office of Civil 
     Rights shall provide support to the sexual assault response 
     coordinator at the Academy on all sexual harassment, dating 
     violence, domestic violence, sexual assault, or stalking 
     prevention matters.
       ``(2) Prohibition on investigation by the academy.--Any 
     request by a victim for an accommodation, as described in 
     subsection (a)(5)(F), made by a sexual assault response 
     coordinator shall not trigger an investigation by the 
     Academy, even if such coordinator deals only with matters 
     relating to sexual harassment, dating violence, domestic 
     violence, sexual assault, or stalking.
       ``(3) Prohibition on retaliation.--A sexual assault 
     response coordinator, victim advocate, or companion may not 
     be disciplined, penalized, or otherwise retaliated against by 
     the Academy for representing the interests of the victim, 
     even if such interests are in conflict with the interests of 
     the Academy.''.
       (b) Access of Academy Midshipmen to Department of Defense 
     SAFE Helpline.--
       (1) In general.--The Secretary of Transportation, acting 
     through the Superintendent of the United States Merchant 
     Marine Academy, and the Secretary of Defense shall jointly 
     provide for the access to and use of the Department of 
     Defense SAFE Helpline by midshipmen at the Merchant Marine 
     Academy.
       (2) Training.--The training provided to personnel of the 
     Department of Defense SAFE Helpline shall include training on 
     the resources available to midshipmen at the Merchant Marine 
     Academy in connection with sexual assault, sexual harassment, 
     domestic violence, dating violence, and stalking.
       (c) Repeal of Duplicate Requirement.--Subsection (c) of 
     section 51319 of title 46, United States Code, as 
     redesignated by subsection (a)(1)--
       (1) by striking paragraph (5);
       (2) redesignating paragraph (6) as paragraph (5); and
       (3) in paragraph (5), as so redesignated, by striking 
     ``(3), (4), and (5)'' and inserting ``(3) and (4)''.

     SEC. 3511. PROTECTION OF STUDENTS FROM SEXUAL ASSAULT ONBOARD 
                   VESSELS .

       (a) In General.--Chapter 513 of title 46, United States 
     Code, as amended by subtitle A of title XXXV of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), is amended by adding at the end the following new 
     section:

     ``Sec. 51320. Protection of students from sexual assault 
       onboard vessels

       ``(a) Provision of Individual Satellite Communication 
     Devices During Sea Year.--
       ``(1) In general.--The Maritime Administrator shall ensure 
     that each midshipman at the United States Merchant Marine 
     Academy is provided a functional satellite communication 
     device during the midshipman's Sea Year.
       ``(2) Check-in.--Not less often than once each week, each 
     such midshipman shall check-in with designated personnel at 
     the Academy via the midshipman's personal satellite 
     communication device. A text message sent via the 
     midshipman's personal satellite device shall meet the 
     requirement for a weekly check-in for purposes of this 
     paragraph.
       ``(b) Riding Gangs.--The Maritime Administrator shall--
       ``(1) require the owner or operator of any commercial 
     vessel carrying a midshipman of the Academy to certify their 
     compliance with the International Convention for Safety of 
     Life at Sea, 1974, with annex, done at London November 1, 
     1974 (32 UST 47) and section 8106; and
       ``(2) ensure the Academy informs midshipmen preparing for 
     Sea Year of the obligations that vessel owners and operators 
     have to provide for the security of individuals aboard a 
     vessel under United States law, including chapter 81 and 
     section 70103(c).
       ``(c) Checks of Commercial Vessels.--
       ``(1) Requirement.--Not less frequently than biennially, 
     the staff of the United States Merchant Marine Academy or the 
     Maritime Administration shall conduct both random and 
     targeted unannounced checks of not less than 10 percent of 
     the commercial vessels that host a midshipman from the 
     Academy.
       ``(2) Removal of students.--If such staff determine that 
     such a commercial vessel is in violation of the sexual 
     assault policy developed by the Academy through such a check, 
     such staff are authorized to remove any midshipman of the 
     Academy from the vessel and report any such violation to the 
     company that owns the vessel.
       ``(d) Maintenance of Sexual Assault Training Records.--The 
     Maritime Administrator shall require each company or seafarer 
     union for a commercial vessel to maintain records of sexual 
     assault training for the crew and passengers of any vessel 
     hosting a midshipman from the Academy.
       ``(e) Sea Year Survey.--
       ``(1) Requirement.--The Maritime Administrator shall 
     require each midshipman from the Academy upon completion of 
     the midshipman's Sea Year to complete a survey regarding the 
     environment and conditions during the Sea Year.
       ``(2) Availability.--The Maritime Administrator shall make 
     available to the public for each year--
       ``(A) the questions used in the survey required by 
     paragraph (1); and
       ``(B) the aggregated data received from such surveys.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 513 of title 46, United States Code, as amended by 
     subtitle A of title XXXV of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     is amended by adding at the end the following:

``51320. Protection of students from sexual assault onboard vessels.''.

     SEC. 3512. TRAINING REQUIREMENT FOR SEXUAL ASSAULT 
                   INVESTIGATORS.

       Each employee of the Office of Inspector General of the 
     Department of Transportation

[[Page S4449]]

     who conducts investigations and who is assigned to the 
     Regional Investigations Office in New York, New York--
       (1) to participate in specialized training in conducting 
     sexual assault investigations; and
       (2) to attend at least 1 Federal Law Enforcement Training 
     Center (FLETC) sexual assault investigation course, or 
     equivalent sexual assault investigation training course, as 
     determined by the Inspector General, each year.
                                 ______
                                 
  SA 411. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS 
                   BY THE UNITED STATES.

       (a) Limitation on Detention.--Section 4001 of title 18, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No person shall be imprisoned or otherwise detained 
     by the United States except consistent with the 
     Constitution.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) 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.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2018.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
       (b) Repeal of Authority of the Armed Forces of the United 
     States to Detain Covered Persons Pursuant to the 
     Authorization for Use of Military Force.--Section 1021 of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
                                 ______
                                 
  SA 412. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AND AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2002.

       (a) Finding.--Congress finds that neither the Authorization 
     for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 
     note) or the Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 
     note) authorize the use of military force against the Islamic 
     State in Iraq and al-Sham (ISIS).
       (b) Repeal.--Effective as of the date that is six months 
     after the date of the enactment of this Act, the following 
     are repealed:
       (1) The Authorization for Use of Military Force.
       (2) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002.
                                 ______
                                 
  SA 413. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SMALL BUSINESS HEALTH PLANS.

       (a) Tax Treatment of Small Business Health Plans.--A small 
     business health plan (as defined in section 801(a) of the 
     Employee Retirement Income Security Act of 1974) shall be 
     treated--
       (1) as a group health plan (as defined in section 2791 of 
     the Public Health Service Act (42 U.S.C. 300gg-91)) for 
     purposes of applying title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.) and title XXII of such Act (42 
     U.S.C. 300bb-1);
       (2) as a group health plan (as defined in section 
     5000(b)(1) of the Internal Revenue Code of 1986) for purposes 
     of applying sections 4980B and 5000 and chapter 100 of the 
     Internal Revenue Code of 1986; and
       (3) as a group health plan (as defined in section 733(a)(1) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1191b(a)(1))) for purposes of applying parts 6 and 7 
     of title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1161 et seq.).
       (b) Rules.--Subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1021 et 
     seq.) is amended by adding at the end the following new part:

      ``PART 8--RULES GOVERNING SMALL BUSINESS RISK SHARING POOLS

     ``SEC. 801. SMALL BUSINESS HEALTH PLANS.

       ``(a) In General.--For purposes of this part, the term 
     `small business health plan' means a fully insured group 
     health plan, offered by a health insurance issuer in the 
     large group market, whose sponsor is described in subsection 
     (b).
       ``(b) Sponsor.--The sponsor of a group health plan is 
     described in this subsection if such sponsor--
       ``(1) is a qualified sponsor and receives certification by 
     the Secretary;
       ``(2) is organized and maintained in good faith, with a 
     constitution or bylaws specifically stating its purpose and 
     providing for periodic meetings on at least an annual basis;
       ``(3) is established as a permanent entity;
       ``(4) is established for a purpose other than providing 
     health benefits to its members, such as an organization 
     established as a bona fide trade association, franchise, or 
     section 7705 organization; and
       ``(5) does not condition membership on the basis of a 
     minimum group size.

     ``SEC. 802. FILING FEE AND CERTIFICATION OF SMALL BUSINESS 
                   HEALTH PLANS.

       ``(a) Filing Fee.--A small business health plan shall pay 
     to the Secretary at the time of filing an application for 
     certification under subsection (b) a filing fee in the amount 
     of $5,000, which shall be available to the Secretary for the 
     sole purpose of administering the certification procedures 
     applicable with respect to small business health plans.
       ``(b) Certification.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this part, the Secretary shall prescribe by 
     interim final rule a procedure under which the Secretary--
       ``(A) will certify a qualified sponsor of a small business 
     health plan, upon receipt of an application that includes the 
     information described in paragraph (2);
       ``(B) may provide for continued certification of small 
     business health plans under this part;
       ``(C) shall provide for the revocation of a certification 
     if the applicable authority finds that the small business 
     health plan involved fails to comply with the requirements of 
     this part;
       ``(D) shall conduct oversight of certified plan sponsors, 
     including periodic review, and consistent with section 504, 
     applying the requirements of sections 518, 519, and 520; and
       ``(E) will consult with a State with respect to a small 
     business health plan domiciled in such State regarding the 
     Secretary's authority under this part and other enforcement 
     authority under sections 502 and 504.
       ``(2) Information to be included in application for 
     certification.--An application for certification under this 
     part meets the requirements of this section only if it 
     includes, in a manner and form which shall be prescribed by 
     the applicable authority by regulation, at least the 
     following information:
       ``(A) Identifying information.
       ``(B) States in which the plan intends to do business.
       ``(C) Bonding requirements.
       ``(D) Plan documents.
       ``(E) Agreements with service providers.
       ``(3) Requirements for certified plan sponsors.--Not later 
     than 6 months after the date of enactment of this part, the 
     Secretary shall prescribe by interim final rule requirements 
     for certified plan sponsors that include requirements 
     regarding--
       ``(A) structure and requirements for boards of trustees or 
     plan administrators;
       ``(B) notification of material changes; and
       ``(C) notification for voluntary termination.
       ``(c) Filing Notice of Certification With States.--A 
     certification granted under this part to a small business 
     health plan shall not be effective unless written notice of 
     such certification is filed by the plan sponsor with the 
     applicable State authority of each State in which the small 
     business health plan operates.
       ``(d) Expedited and Deemed Certification.--
       ``(1) In general.--If the Secretary fails to act on a 
     complete application for certification under this section 
     within 90 days of receipt of such complete application, the 
     applying small business health plan sponsor shall be deemed 
     certified until such time as the Secretary may deny for cause 
     the application for certification.
       ``(2) Penalty.--The Secretary may assess a penalty against 
     the board of trustees, plan administrator, and plan sponsor 
     (jointly and severally) of a small business health plan 
     sponsor that is deemed certified under paragraph (1) of up to 
     $500,000 in the event the Secretary determines that the 
     application for certification of such small business health 
     plan sponsor was willfully or with gross negligence 
     incomplete or inaccurate.

     ``SEC. 803. PARTICIPATION AND COVERAGE REQUIREMENTS.

       ``(a) Covered Employers and Individuals.--The requirements 
     of this subsection

[[Page S4450]]

     are met with respect to a small business health plan if, 
     under the terms of the plan--
       ``(1) each participating employer must be--
       ``(A) a member of the sponsor;
       ``(B) the sponsor; or
       ``(C) an affiliated member of the sponsor, except that, in 
     the case of a sponsor which is a professional association or 
     other individual-based association, if at least one of the 
     officers, directors, or employees of an employer, or at least 
     one of the individuals who are partners in an employer and 
     who actively participates in the business, is a member or 
     such an affiliated member of the sponsor, participating 
     employers may also include such employer; and
       ``(2) all individuals commencing coverage under the plan 
     after certification under this part must be--
       ``(A) active or retired owners (including self-employed 
     individuals with or without employees), officers, directors, 
     or employees of, or partners in, participating employers; or
       ``(B) the dependents of individuals described in 
     subparagraph (A).
       ``(b) Participating Employers.--In applying requirements 
     relating to coverage renewal, a participating employer shall 
     not be deemed to be a plan sponsor.
       ``(c) Prohibition of Discrimination Against Employers and 
     Employees Eligible to Participate.--The requirements of this 
     subsection are met with respect to a small business health 
     plan if--
       ``(1) under the terms of the plan, no participating 
     employer may provide health insurance coverage in the 
     individual market for any employee not covered under the 
     plan, if such exclusion of the employee from coverage under 
     the plan is based on a health status-related factor with 
     respect to the employee and such employee would, but for such 
     exclusion on such basis, be eligible for coverage under the 
     plan; and
       ``(2) information regarding all coverage options available 
     under the plan is made readily available to any employer 
     eligible to participate.

     ``SEC. 804. DEFINITIONS; RENEWAL.

       ``For purposes of this part:
       ``(1) Affiliated member.--The term `affiliated member' 
     means, in connection with a sponsor--
       ``(A) a person who is otherwise eligible to be a member of 
     the sponsor but who elects an affiliated status with the 
     sponsor, or
       ``(B) in the case of a sponsor with members which consist 
     of associations, a person who is a member or employee of any 
     such association and elects an affiliated status with the 
     sponsor.
       ``(2) Applicable state authority.--The term `applicable 
     State authority' means, with respect to a health insurance 
     issuer in a State, the State insurance commissioner or 
     official or officials designated by the State to enforce the 
     requirements of title XXVII of the Public Health Service Act 
     for the State involved with respect to such issuer.
       ``(3) Franchisor; franchisee.--The terms `franchisor' and 
     `franchisee' have the meanings given such terms for purposes 
     of sections 436.2(a) through 436.2(c) of title 16, Code of 
     Federal Regulations (including any such amendments to such 
     regulation after the date of enactment of this part) and, for 
     purposes of this part, franchisor or franchisee employers 
     participating in such a group health plan shall not be 
     treated as the employer, co-employer, or joint employer of 
     the employees of another participating franchisor or 
     franchisee employer for any purpose.
       ``(4) Health plan terms.--The terms `group health plan', 
     `health insurance coverage', and `health insurance issuer' 
     have the meanings given such terms in section 733.
       ``(5) Individual market.--
       ``(A) In general.--The term `individual market' means the 
     market for health insurance coverage offered to individuals 
     other than in connection with a group health plan.
       ``(B) Treatment of very small groups.--
       ``(i) In general.--Subject to clause (ii), such term 
     includes coverage offered in connection with a group health 
     plan that has fewer than 2 participants as current employees 
     or participants described in section 732(d)(3) on the first 
     day of the plan year.
       ``(ii) State exception.--Clause (i) shall not apply in the 
     case of health insurance coverage offered in a State if such 
     State regulates the coverage described in such clause in the 
     same manner and to the same extent as coverage in the small 
     group market (as defined in section 2791(e)(5) of the Public 
     Health Service Act) is regulated by such State.
       ``(6) Participating employer.--The term `participating 
     employer' means, in connection with a small business health 
     plan, any employer, if any individual who is an employee of 
     such employer, a partner in such employer, or a self-employed 
     individual who is such employer with or without employees (or 
     any dependent, as defined under the terms of the plan, of 
     such individual) is or was covered under such plan in 
     connection with the status of such individual as such an 
     employee, partner, or self-employed individual in relation to 
     the plan.
       ``(7) Section 7705 organization.--The term `section 7705 
     organization' means an organization providing services for a 
     customer pursuant to a contract meeting the conditions of 
     subparagraphs (A), (B), (C), (D), and (E) (but not (F)) of 
     section 7705(e)(2) of the Internal Revenue Code of 1986, 
     including an entity that is part of a section 7705 
     organization control group . For purposes of this part, any 
     reference to `member' shall include a customer of a section 
     7705 organization except with respect to references to a 
     `member' or `members' in paragraph (1).''.
       (c) Preemption Rules.--Section 514 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1144) is 
     amended by adding at the end the following:
       ``(f) The provisions of this title shall supersede any and 
     all State laws insofar as they may now or hereafter preclude 
     a health insurance issuer from offering health insurance 
     coverage in connection with a small business health plan 
     which is certified under part 8.''.
       (d) Plan Sponsor.--Section 3(16)(B) of such Act (29 U.S.C. 
     102(16)(B)) is amended by adding at the end the following new 
     sentence: ``Such term also includes a person serving as the 
     sponsor of a small business health plan under part 8.''.
       (e) Savings Clause.--Section 731(c) of such Act is amended 
     by inserting ``or part 8'' after ``this part''.
       (f) Treatment of Income From Small Business Health Plans.--
     Section 513 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(k) Small Business Health Plans.--The term `unrelated 
     trade or business' does not include the sponsoring of a small 
     business health plan (as defined in section 801 of the 
     Employee Retirement Income Security Act of 1974).''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act. The Secretary of Labor shall first issue all 
     regulations necessary to carry out the amendments made by 
     this section within 6 months after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 414. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TREATMENT OF DIRECT PRIMARY CARE SERVICE 
                   ARRANGEMENTS.

       (a) In General.--Section 223(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(6) Treatment of direct primary care service 
     arrangements.--An arrangement under which an individual is 
     provided coverage restricted to primary care services in 
     exchange for a fixed periodic fee or payment for such 
     services--
       ``(A) shall not be treated as a health plan for purposes of 
     paragraph (1)(A)(ii), and
       ``(B) shall not be treated as insurance for purposes of 
     subsection (d)(2)(B).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 415. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS 
                   ACCOUNT INCREASED.

       (a) Self-only Coverage.--Section 223(b)(2)(A) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``$2,250'' and inserting ``$10,800''.
       (b) Family Coverage.--Section 223(b)(2)(B) of the Internal 
     Revenue Code of 1986 is amended by striking ``$4,500'' and 
     inserting ``$29,500''.
       (c) Cost-of-living Adjustment.--Section 223(g) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (2) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (3) by redesignating paragraph (2) as paragraph (3),
       (4) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (5) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

[[Page S4451]]

  

                                 ______
                                 
  SA 416. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCREASED FMAP FOR STATES THAT ADOPT MEDICAL 
                   LIABILITY REFORM LEGISLATION.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in subsection (b), in the first sentence, by striking 
     ``and (aa)'' and inserting ``(aa), and (ee)'';
       (2) in subsection (cc)--
       (A) by striking ``and (aa)'' and inserting ``(aa), and 
     (ee)''; and
       (B) by inserting ``(or, in the case of an increase under 
     subsection (ee), for the fiscal quarter occurring immediately 
     prior to the first fiscal quarter during which the State is 
     eligible for such increase)'' after ``December 31, 2009,''; 
     and
       (3) by adding at the end the following:
       ``(ee) Increased FMAP for Medical Liability Reform.--
       ``(1) In general.--For fiscal years beginning on or after 
     October 1, 2017, notwithstanding subsection (b), for a State 
     that is one of the 50 States or the District of Columbia and 
     meets the requirement of paragraph (2) for the entire fiscal 
     year, the Federal medical assistance percentage otherwise 
     determined under such subsection and subsections (y), (z), 
     and (aa) for the State and year shall be increased by 1 
     percentage point.
       ``(2) Limitations on noneconomic damages in medical 
     liability cases.--A State meets the requirement of this 
     paragraph if State law provides that, in any action on a 
     health care liability claim where judgment is rendered for a 
     claimant, regardless of the number of defendants against whom 
     judgment is rendered or the number of separate causes of 
     action on which the claim is based--
       ``(A) the maximum collective amount of noneconomic damages 
     recoverable from one or more physicians or health care 
     providers that are not health care institutions (inclusive of 
     all persons and entities associated with the physician or 
     provider for which vicarious liability theories may apply) 
     against whom judgment is rendered shall not exceed $250,000 
     for each claimant;
       ``(B) the maximum amount of noneconomic damages recoverable 
     from any single health care institution (inclusive of all 
     persons and entities associated with the institution for 
     which vicarious liability theories may apply) against whom 
     judgment is rendered shall not exceed $250,000 for each 
     claimant; and
       ``(C) the maximum collective amount of noneconomic damages 
     recoverable from all health care institutions (inclusive of 
     all persons and entities associated with the institution for 
     which vicarious liability theories may apply) against whom 
     judgment is rendered shall not exceed $500,000 for each 
     claimant.
       ``(3) Noneconomic damages.--In this subsection, the term 
     `noneconomic damages' means damages awarded for the purpose 
     of compensating a claimant for physical pain and suffering, 
     mental or emotional pain or anguish, loss of consortium, 
     disfigurement, physical impairment, loss of companionship and 
     society, inconvenience, loss of enjoyment of life, injury to 
     reputation, and all other nonpecuniary losses of any kind 
     other than exemplary or punitive damages.''.
                                 ______
                                 
  SA 417. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, 
                   BIOLOGICAL PRODUCTS, AND DEVICES.

       The Federal Food, Drug, and Cosmetic Act is amended by 
     inserting after section 524A of such Act (21 U.S.C. 360n-1) 
     the following:

     ``SEC. 524B. RECIPROCAL MARKETING APPROVAL.

       ``(a) In General.--A covered product with reciprocal 
     marketing approval in effect under this section is deemed to 
     be subject to an application or premarket notification for 
     which an approval or clearance is in effect under section 
     505(c), 510(k), or 515 of this Act or section 351(a) of the 
     Public Health Service Act, as applicable.
       ``(b) Eligibility.--The Secretary shall, with respect to a 
     covered product, grant reciprocal marketing approval if--
       ``(1) the sponsor of the covered product submits a request 
     for reciprocal marketing approval; and
       ``(2) the request demonstrates to the Secretary's 
     satisfaction that--
       ``(A) the covered product is authorized to be lawfully 
     marketed in one or more of the countries included in the list 
     under section 802(b)(1);
       ``(B) absent reciprocal marketing approval, the covered 
     product is not approved or cleared for marketing, as 
     described in subsection (a);
       ``(C) the Secretary has not, because of any concern 
     relating to the safety or effectiveness of the covered 
     product, rescinded or withdrawn any such approval or 
     clearance;
       ``(D) the authorization to market the covered product in 
     one or more of the countries included in the list under 
     section 802(b)(1) has not, because of any concern relating to 
     the safety or effectiveness of the covered product, been 
     rescinded or withdrawn;
       ``(E) the covered product is not a banned device under 
     section 516; and
       ``(F) there is a public health or unmet medical need for 
     the covered product in the United States.
       ``(c) Safety and Effectiveness.--
       ``(1) In general.--The Secretary--
       ``(A) may decline to grant reciprocal marketing approval 
     under this section with respect to a covered product if the 
     Secretary affirmatively determines that the covered product--
       ``(i) is a drug that is not safe and effective; or
       ``(ii) is a device for which there is no reasonable 
     assurance of safety and effectiveness; and
       ``(B) may condition reciprocal marketing approval under 
     this section on the conduct of specified postmarket studies, 
     which may include such studies pursuant to a risk evaluation 
     and mitigation strategy under section 505-1.
       ``(2) Report to congress.--Upon declining to grant 
     reciprocal marketing approval under this section with respect 
     to a covered product, the Secretary shall--
       ``(A) include the denial in a list of such denials for each 
     month; and
       ``(B) not later than the end of the respective month, 
     submit the list to the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate.
       ``(d) Request.--A request for reciprocal marketing approval 
     shall--
       ``(1) be in such form, be submitted in such manner, and 
     contain such information as the Secretary deems necessary to 
     determine whether the criteria listed in subsection (b)(2) 
     are met; and
       ``(2) include, with respect to each country included in the 
     list under section 802(b)(1) where the covered product is 
     authorized to be lawfully marketed, as described in 
     subsection (b)(2)(A), an English translation of the dossier 
     issued by such country to authorize such marketing.
       ``(e) Timing.--The Secretary shall issue an order granting, 
     or declining to grant, reciprocal marketing approval with 
     respect to a covered product not later than 30 days after the 
     Secretary's receipt of a request under subsection (b)(1) for 
     the product. An order issued under this subsection shall take 
     effect subject to Congressional disapproval under subsection 
     (g).
       ``(f) Labeling; Device Classification.--During the 30-day 
     period described in subsection (e)--
       ``(1) the Secretary and the sponsor of the covered product 
     shall expeditiously negotiate and finalize the form and 
     content of the labeling for a covered product for which 
     reciprocal marketing approval is to be granted; and
       ``(2) in the case of a device for which reciprocal 
     marketing approval is to be granted, the Secretary shall--
       ``(A) classify the device pursuant to section 513; and
       ``(B) determine whether, absent reciprocal marketing 
     approval, the device would need to be cleared pursuant to 
     section 510(k) or approved pursuant to section 515 to be 
     lawfully marketed under this Act.
       ``(g) Congressional Disapproval of FDA Orders.--
       ``(1) In general.--A decision of the Secretary to decline 
     to grant reciprocal marketing approval under this section 
     shall not take effect if a joint resolution of disapproval of 
     the decision is enacted.
       ``(2) Procedure.--
       ``(A) In general.--Subject to subparagraph (B), the 
     procedures described in subsections (b) through (g) of 
     section 802 of title 5, United States Code, shall apply to 
     the consideration of a joint resolution under this 
     subsection.
       ``(B) Terms.--For purposes of this subsection--
       ``(i) the reference to `section 801(a)(1)' in section 
     802(b)(2)(A) of title 5, United States Code, shall be 
     considered to refer to subsection (c)(2); and
       ``(ii) the reference to `section 801(a)(1)(A)' in section 
     802(e)(2) of title 5, United States Code, shall be considered 
     to refer to subsection (c)(2).
       ``(3) Effect of congressional disapproval.--Reciprocal 
     marketing approval under this section with respect to the 
     applicable covered product shall take effect upon enactment 
     of a joint resolution of disapproval under this subsection.
       ``(h) Applicability of Relevant Provisions.--The provisions 
     of this Act shall apply with respect to a covered product for 
     which reciprocal marketing approval is in effect to the same 
     extent and in the same manner as such provisions apply with 
     respect to a product for which approval or clearance of an 
     application or premarket notification under section 505(c), 
     510(k), or 515 of this Act or section 351(a) of the Public 
     Health Service Act, as applicable, is in effect.
       ``(i) Fees for Request.--For purposes of imposing fees 
     under chapter VII, a request for reciprocal marketing 
     approval under this section shall be treated as an 
     application or premarket notification for approval or 
     clearance under section 505(c), 510(k), or 515 of

[[Page S4452]]

     this Act or section 351(a) of the Public Health Service Act, 
     as applicable.
       ``(j) Outreach.--The Secretary shall conduct an outreach 
     campaign to encourage the sponsors of covered products that 
     are potentially eligible for reciprocal marketing approval to 
     request such approval.
       ``(k) Covered Product Defined.--In this section, the term 
     `covered product' means a drug, biological product, or 
     device.''.
                                 ______
                                 
  SA 418. Mr. CRUZ (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 267 proposed by Mr. McConnell 
to the bill H.R. 1628, to provide for reconciliation pursuant to title 
II of the concurrent resolution on the budget for fiscal year 2017; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       Subpart I of part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 2746. HEALTH INSURANCE COVERAGE OFFERED ACROSS STATE 
                   LINES.

       ``(a) In General.--A health insurance issuer that is 
     licensed in, and qualified to offer health insurance coverage 
     in, a primary State may offer such health insurance coverage 
     in a secondary State regardless of whether the issuer is 
     licensed to sell insurance in such secondary State. In 
     offering such health insurance coverage in the secondary 
     State, all laws governing health insurance coverage of the 
     primary State shall apply and the laws governing health 
     insurance coverage of the secondary State shall not apply.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Primary state.--The term `primary State' means, with 
     respect to health insurance coverage offered by a health 
     insurance issuer, the State designated by the issuer as the 
     State whose covered laws shall govern the health insurance 
     issuer in the sale of such coverage under this title. An 
     issuer, with respect to a particular policy, may designate 
     only one such State as its primary State with respect to all 
     such coverage it offers. Such an issuer may not change the 
     designated primary State with respect to health insurance 
     coverage once the policy is issued, except that such a change 
     may be made upon renewal of the policy. With respect to such 
     designated State, the issuer is deemed to be doing business 
     in that State.
       ``(2) Secondary state.--The term `secondary State' means, 
     with respect to health insurance coverage offered by a health 
     insurance issuer, any State that is not the primary State. In 
     the case of a health insurance issuer that is selling a 
     policy in, or to a resident of, a secondary State, the issuer 
     is deemed to be doing business in that secondary State.
       ``(3) State.--The term `State' means the 50 States and 
     includes the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Northern Mariana 
     Islands.''.
                                 ______
                                 
  SA 419. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     1. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT 
                   AND THE HEALTH CARE AND EDUCATION 
                   RECONCILIATION ACT OF 2010.

       (a) Patient Protection and Affordable Care Act.--Effective 
     on January 1, 2018, the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed and the provisions 
     of law amended or repealed by such Act are restored or 
     revived as if such Act had not been enacted.
       (b) Health Care and Education Reconciliation Act of 2010.--
     Effective on January 1, 2018, the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) is repealed 
     and the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
                                 ______
                                 
  SA 420. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. OPTIONAL MEDICAID PRICE TRANSPARENCY.

       (a) In General.--Section 1902 of the Social Security Act 
     (42 U.S.C. 1396a), as previously amended, is further amended 
     by adding at the end the following new subsection:
       ``(pp) Optional Medicaid Price Transparency.--
       ``(1) In general.--At the option of a State, the State may 
     require as a condition for a hospital to be a participating 
     provider under the State plan under this title or under a 
     waiver of such plan, for the State to establish a system to 
     collect and make publically available and accessible a 
     database that contains the average, aggregate value of the 
     total cost for such medical procedures as the State may 
     specify that are incurred at the hospital. For purposes of 
     the preceding sentence, the `average, aggregate value of the 
     total cost of a procedure' shall not include a patient's 
     expected cost-sharing contribution for the procedure.
       ``(2) HIPAA protection.--A State establishing a database 
     under this subsection shall establish procedures to protect 
     the privacy of patients in accordance with regulations 
     promulgated under section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996.''.
       (b) Increase in Matching Rate for Implementation.--Section 
     1903 of the Social Security Act (42 U.S.C. 1396b)as 
     previously amended, is further amended by adding at the end 
     the following:
       ``(bb) The Federal matching percentage otherwise applicable 
     under subsection (a) with respect to State administrative 
     expenditures during a calendar quarter for which the State 
     receives payment under such subsection shall, in addition to 
     any other increase to such Federal matching percentage, be 
     increased for such calendar quarter by 5 percentage points 
     with respect to State expenditures attributable to activities 
     carried out by the State (and approved by the Secretary) to 
     implement subsection (pp) of section 1902.''.
                                 ______
                                 
  SA 421. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ALLOWING ALL INDIVIDUALS PURCHASING HEALTH 
                   INSURANCE IN THE INDIVIDUAL MARKET THE OPTION 
                   TO PURCHASE A LOWER PREMIUM CATASTROPHIC PLAN.

       (a) In General.--Section 1302(e) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18022(e)) is amended by 
     adding at the end the following:
       ``(4) Consumer freedom.--For plan years beginning on or 
     after January 1, 2018, paragraph (1)(A) shall not apply with 
     respect to any plan offered in the State.''.
       (b) Risk Pools.--Section 1312(c) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 18032(c)) is amended--
       (1) in paragraph (1), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2018, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''; and
       (2) in paragraph (2), by inserting ``and including, with 
     respect to plan years beginning on or after January 1, 2018, 
     enrollees in catastrophic plans described in section 
     1302(e)'' after ``Exchange''.
       (c) Allowance of Premium Tax Credit for Catastrophic 
     Plans.--
       (1) In general.--Section 36B(c)(3)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``, except that 
     such term shall not include a qualified health plan that is a 
     catastrophic plan described in section 1302(e) of such Act''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2017.
                                 ______
                                 
  SA 422. Mrs. McCASKILL submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 686, line 7, strike ``or'' and all that 
     follows through page 687, line 2, and insert the following:
       (B) in accordance with the Quality Standards for Inspection 
     and Evaluation issued by the Council of the Inspectors 
     General on Integrity and Efficiency (commonly referred to as 
     the ``CIGIE Blue Book''); or
       (C) if not prepared in accordance with the standards 
     referred to in subparagraphs (A) or (B), in accordance with 
     the Quality Standards for Federal Offices of Inspector 
     General (commonly referred to as the ``CIGIE Silver Book'').
       (2) Specification of quality standards followed.--Each 
     product published or issued by an Inspector General relating 
     to the oversight of programs and activities funded under the 
     Afghanistan Security Forces Fund shall cite within such 
     product the quality standards followed in conducting and 
     reporting the work concerned.
       (3) Waiver.--An Inspector General may waive the 
     applicability of paragraph (1) to a specific product relating 
     to the oversight by an Inspector General of activities and 
     programs funded under the Afghanistan Security Forces Fund if 
     the Inspector General
                                 ______
                                 
  SA 423. Mr. NELSON submitted an amendment intended to be proposed by

[[Page S4453]]

him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 737. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the effectiveness of the training provided to health care 
     providers of the Department of Defense regarding opioid 
     prescribing practices, initiatives in opioid safety, the use 
     of the VA/DOD Clinical Practice Guideline for Management of 
     Opioid Therapy for Chronic Pain, and other related training.
       (b) Elements.--The study under subsection (a) shall address 
     the effectiveness of training with respect to the following:
       (1) Identifying and treating individuals with chronic pain.
       (2) Prescribing opioid analgesics, including--
       (A) reducing average dosages;
       (B) reducing average number of dosages;
       (C) reducing initial and average durations of opioid 
     analgesic therapy;
       (D) reducing dose escalation when opioid analgesic therapy 
     has resulted in adequate pain reduction; and
       (E) reducing the average number of prescription opioid 
     analgesics dispensed by the Department of Defense.
       (3) Reducing the number of overdoses due to prescription 
     opioids for patients with acute pain and patients undergoing 
     opioid therapy for chronic pain.
       (4) Developing validated opioid dependence screening tools 
     for health care providers of the Department.
       (5) Communicating to health care providers of the 
     Department changes in policies of the Department regarding 
     opioid safety and prescribing practices.
       (6) Providing education on the risks of opioid medications 
     to individuals for whom such medications are prescribed and 
     to their families, with special consideration given to 
     raising awareness among adolescents on such risks.
       (7) Providing counseling and referrals for, and expanding 
     access to, treatment alternatives to opioid analgesics.
       (8) Developing and implementing a physician advisory 
     committee of the Department relating to education programs 
     for prescribers of opioid analgesics.
       (9) Developing methods to incentivize health care providers 
     of the Department to use physical therapy or alternative 
     methods to treat acute or chronic pain.
       (10) Developing curricula on pain management and safe 
     opioid analgesic prescribing that incorporates opioid 
     analgesic prescribing guidelines issued by the Centers for 
     Disease Control and Prevention.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall provide to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a briefing on the results of the study 
     conducted under subsection (a).
                                 ______
                                 
  SA 424. Mr. NELSON (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 710. 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);
       (C) in clause (ii), as redesignated by paragraph (2), by 
     striking the period at the end and inserting ``; or''; and
       (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 
     2(a)(3) of the National Defense Authorization Act for Fiscal 
     Year 2018, 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.
       (c) Notification and Information to Beneficiaries.--
       (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,

[[Page S4454]]

     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 425. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. 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).
       (C) In section 1452--
       (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 426. Mr. NELSON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR 
                   CERTAIN INDIVIDUALS AFFILIATED WITH AIR 
                   AMERICA.

       (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'';
       (C) by adding after paragraph (17) the following:
       ``(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 associated company (including 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 that Air America, Inc., or such other company or 
     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
       (C) by adding at the end the following:
       ``(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 this section shall apply 
     with respect to an annuity commencing on or after the 
     effective date of this section.
       (2) Provisions relating to current annuitants.--
       (A) In general.--Any individual who is entitled to an 
     annuity for the month in which this section becomes effective 
     may, upon submitting an application to the Office of 
     Personnel Management not later than 2 years after the 
     effective date of this section, have the amount of that 
     annuity recomputed as if the amendments made by this section 
     had been in effect throughout all periods of service on the 
     basis of which that annuity is or may be based.
       (B) Recomputation.--Any recomputation made 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 of an 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.--Any individual not described in paragraph 
     (2) who becomes eligible for an annuity or for 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 this section had been in effect, 
     throughout all periods of service on the basis of which that 
     annuity is or would be based, by submitting an application to 
     the Office of Personnel Management not later than 2 years 
     after--
       (i) the effective date of this section; or
       (ii) if later, the date on which the individual separates 
     from service.
       (B) Commencement date, etc.--
       (i) In general.--Any entitlement to an annuity, or to an 
     increased annuity resulting from an application submitted 
     under subparagraph (A), for an individual shall be effective 
     as of the commencement date of that 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 that annuity had been submitted as of the 
     earliest date that would have been allowable, after the 
     separation of the individual from service, if the amendments 
     made by this section 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 under subsection (d)(1) 
     shall include provisions, consistent with the order of 
     precedence set

[[Page S4455]]

     forth in section 8342(c) of title 5, United States Code, 
     under which 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) shall be allowed to submit an 
     application on behalf of and to receive any lump-sum payment 
     that would otherwise have been payable to the decedent under 
     paragraph (2) or (3) of this subsection.
       (B) Deadline.--An application described in subparagraph (A) 
     shall not be valid unless the application is filed within 2 
     years after the effective date of this section or 1 year 
     after the date on which the decedent dies, whichever is 
     later.
       (c) Funding.--
       (1) Lump-sum payments.--Any 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) Regulations.--
       (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.--The regulations prescribed under 
     subparagraph (A) shall include provisions under which rules 
     similar to those established under section 201 of the Federal 
     Employees' Retirement System Act of 1986 (Public Law 99-335; 
     100 Stat. 514) shall be applied 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 any 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) Effective Date.--This section shall take effect on the 
     date that is the first day of the first fiscal year beginning 
     after the date of enactment of this Act.
       (f) Definitions.--In this section--
       (1) the term ``annuity'' includes a survivor annuity; and
       (2) the terms ``survivor'' and ``unfunded liability'' have 
     the meanings given those terms in section 8331 of title 5, 
     United States Code.
                                 ______
                                 
  SA 427. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COLLABORATION BETWEEN FEDERAL AVIATION 
                   ADMINISTRATION AND DEPARTMENT OF DEFENSE ON 
                   UNMANNED AIRCRAFT SYSTEMS.

       (a) Collaboration Between Federal Aviation Administration 
     in Department of Defense Required.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration and the Secretary of Defense shall collaborate 
     on developing standards, policies, and procedures for sense 
     and avoid capabilities for unmanned aircraft systems.
       (2) Elements.--The collaboration required by paragraph (1) 
     shall include the following:
       (A) Sharing information and technology on safely 
     integrating unmanned aircraft systems and manned aircraft in 
     the national airspace system and fielding remote and virtual 
     towers.
       (B) Building upon the experience of the Air Force and the 
     Department of Defense to inform the Federal Aviation 
     Administration's development of civil standards, policies, 
     and procedures for integrating unmanned aircraft systems in 
     the national airspace system.
       (C) Assisting in the development of best practices for 
     unmanned aircraft airworthiness certification, development of 
     airborne and ground-based sense and avoid capabilities for 
     unmanned aircraft systems, and research and development on 
     unmanned aircraft systems, especially with respect to matters 
     involving human factors, information assurance, and security.
       (b) Participation by Federal Aviation Administration in 
     Department of Defense Activities.--
       (1) In general.--The Administrator may participate and 
     provide assistance for participation in test and evaluation 
     efforts of the Department of Defense, including the Air 
     Force, relating to ground-based sense and avoid and airborne 
     sense and avoid capabilities for unmanned aircraft systems.
       (2) Participation through centers of excellence and test 
     sites.--Participation under paragraph (1) may include 
     provision of assistance through the Center of Excellence for 
     Unmanned Aircraft Systems and unmanned aircraft systems test 
     ranges designated under section 332(c) of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).
       (c) Unmanned Aircraft System Defined.--In this section, the 
     term ``unmanned aircraft system'' 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).
                                 ______
                                 
  SA 428. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. DESIGNATION OF SECRETARY OF THE AIR FORCE AS 
                   DEPARTMENT OF DEFENSE EXECUTIVE AGENT FOR A 
                   CERTAIN DEFENSE PRODUCTION ACT PROGRAM.

       (a) Prohibition on Cancellation of Designation.--The 
     Secretary of Defense may not implement the decision, issued 
     on July 1, 2017, to cancel the designation, under Department 
     of Defense Directive 4400.01E, entitled ``Defense Production 
     Act Programs'' and dated October 12, 2001, of the Secretary 
     of the Air Force as the Department of Defense Executive Agent 
     for the program carried out under title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.).
       (b) Designation.--The Secretary of the Air Force shall 
     continue to serve as the Department of Defense Executive 
     Agent for the program described in subsection (a) on and 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 429. Mr. LANKFORD (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 267 proposed by Mr. 
McConnell to the bill H.R. 1628, to provide for reconciliation pursuant 
to title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MEMBERS OF HEALTH CARE SHARING MINISTRIES ELIGIBLE 
                   TO ESTABLISH HEALTH SAVINGS ACCOUNTS.

       (a) In General.--Section 223 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Application to Health Care Sharing Ministries.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under an HSA-qualified health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 430. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--The Senate finds as follows:
       (1) Obamacare's employer mandate has had a devastating 
     impact on the job market in the United States since it took 
     effect in its earliest form in 2015 . Small businesses and 
     the jobs they create have been stifled by the punishing 
     consequences of this government mandate.
       (2) Under Obamacare, the employer mandate generally imposes 
     a tax penalty on employers if they have 50 or more full-time 
     equivalent employees and do not offer health insurance that 
     meets all of the standards under the law.
       (3) In 2015, the Congressional Budget Office (referred to 
     in this section as ``CBO'') found that these penalties are 
     being passed on to employees in the form of reduced wages. In 
     2016, these reduced wages equaled $2,160 per employee 
     according to CBO's estimates. This means that any company 
     that ignored the employer mandate in 2016 is likely to face 
     fines of over $2,000 per employee in 2017.
       (4) CBO expects that, by 2025, the amount of reduced wages 
     per worker will balloon to $3,500.
       (5) In addition, CBO projects that wages are being even 
     further reduced because companies cannot deduct the penalty 
     as an expense, on account of Obamacare. To compensate for 
     paying business taxes on higher accounting profits, companies 
     are being

[[Page S4456]]

     forced to reduce wages by more than the amount of the penalty 
     payments.
       (6) CBO estimates that the penalty represents a 7 percent 
     increase in the tax rate of employees at firms that are 
     subject to the employer mandate penalty.
       (7) In addition, Obamacare's employer mandate requires that 
     all businesses with at least 50 full-time equivalents provide 
     their full-time workers with health insurance coverage that 
     satisfies the law's requirements. Employers who fail to offer 
     coverage that satisfies the employer mandate are subject to 
     the penalties.
       (8) In 2015, CBO found that defining full-time employment 
     as a 40-hour week rather than a 30-hour week would alleviate 
     $45,000,000,000 in tax penalties on employers over the 
     following decade.
       (9) The employer mandate penalty creates incentives for 
     businesses to reduce their hiring or shift their workforce 
     toward part-time jobs.
       (10) These stark realities are playing out all across the 
     country as businesses are now well into year 2 of mandatory 
     compliance with this onerous mandate and its negative effect 
     on jobs.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the committee of jurisdiction of the Senate should 
     review--
       (1) the economic impact that Obamacare's employer mandate 
     and redefinition of full-time employment as a 30-hour work 
     week has had on businesses, employee wages, and the job 
     market as a whole; and
       (2) the effect on the job market, if Congress were to enact 
     policy to restore the 40-hour work week definition, and 
     eliminate the current 30-hour definition that is purely 
     arbitrary and serves as a damaging barrier to more hours and 
     better pay for American workers.
                                 ______
                                 
  SA 431. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) Since January 1, 2013, medical device manufacturers 
     have struggled under a 2.3 percent tax imposed by Obamacare 
     on the sale of certain medical devices. The misguided purpose 
     of that tax was to operate like an excise tax by raising 
     revenue at the point of sale to offset the cost of 
     Obamacare's insurance and Medicaid expansions by taxing 
     companies who help patients get access to life-saving medical 
     technologies.
       (2) The tax was in effect from 2010 through 2015, but the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113) 
     temporarily suspended the tax for 2016 and 2017. The tax is 
     now set to resume in 2018.
       (3) Initially expected to produce $3,200,000,000, 
     supporters of the device tax argue that it would be similar 
     to the windfall profits tax from the 1980s, and recapture the 
     excess gains that medical device manufacturers are expected 
     to receive from the Patient Protection and Affordable Care 
     Act.
       (4) Taxable medical devices are defined by law as any 
     device ``intended for use in the diagnosis of disease or 
     other conditions, or in the cure, mitigation, treatment, or 
     prevention of disease in man or other animals . . . or 
     intended to affect the structure or function of the body of 
     man.'' Based on this definition, the tax would be levied on 
     critical devices such as pacemakers and defibrillators.
       (5) Since its enactment, the medical device tax has been a 
     major drag on medical innovation and contributed to the loss 
     or deferred creation of jobs, reduced research and 
     development, and slowed capital expansion. What is even more 
     troubling is that this tax was imposed without any real 
     policy justification, as the tax is not grounded in any 
     health care policy. As it stands under current law, it is not 
     connected to individual insurance coverage under Obamacare - 
     it was designed purely as a means of raising revenue from the 
     industry to offset the budgetary impact of the Patient 
     Protection and Affordable Care Act.
       (6) At its most basic level, this tax violates commonly 
     accepted principles of sound tax policy. In a 2015 report, 
     the Congressional Research Service paid close attention to 
     excise taxes in particular, stating that, ``Viewed from the 
     perspective of traditional economic and tax theory. . .the 
     tax is challenging to justify. In general, tax policy is 
     considered more efficient when differential excise taxes are 
     not imposed. It is generally more efficient to raise revenue 
     from a broad tax base.''.
       (7) The effects of the tax are felt across the industry, as 
     every dollar of revenue (not income or profit) earned by a 
     company is generally subject to the tax. For larger, 
     established companies, the device tax represents millions in 
     financial capital that could be used to expand research and 
     create jobs. For smaller, start-up firms, the effect is much 
     worse - not only does it deter company growth, since the tax 
     is imposed on the first dollar of revenue earned, but it also 
     restricts the ability of established medical technology 
     companies to invest in or acquire start-up companies by 
     limiting the amount of available capital for growth.
       (8) Individual companies are already making important 
     planning decisions for the next fiscal year. Companies are 
     already making significant commitments of time and resources 
     to enable or restart their systems to accurately capture, 
     report, and pay the tax if it goes back into effect at the 
     end of the year. The longer Congress waits to act, the more 
     capital device companies will waste that could go towards 
     major medical breakthroughs to help patients, and more 
     broadly towards advancing the state of our nation's medical 
     technology.
       (9) Permanently repealing the device tax will provide 
     medical technology innovators with the long-term certainty 
     necessary to support future job growth and sustainable, 
     research and development that will ultimately lead to the 
     next generation of breakthroughs in patient care and 
     treatment. With any other policy outcome, effective planning 
     for a sustainable future becomes much more difficult.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the committee of jurisdiction in the Senate should 
     conduct a full review and assessment of the economic impact 
     of the medical device tax since its inception under the 
     Patient Protection and Affordable Care Act. Such review and 
     assessment should include consideration of the impact of the 
     tax on job creation, capital formation, research and 
     development, and medical technology innovation.
                                 ______
                                 
  SA 432. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF HEALTH CARE REFORM PROVISIONS LIMITING 
                   MEDICARE EXCEPTION TO THE PROHIBITION ON 
                   CERTAIN PHYSICIAN REFERRALS FOR HOSPITALS.

       Sections 6001 and 10601 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148; 124 Stat. 684, 1005) 
     and section 1106 of the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152; 124 Stat. 
     1049) are repealed and the provisions of law amended by such 
     sections are restored as if such sections had never been 
     enacted.
                                 ______
                                 
  SA 433. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPEAL OF AUTHORITY OF THE PRESIDENT TO DETERMINE 
                   AN ALTERNATIVE ANNUAL PAY ADJUSTMENT FOR 
                   MEMBERS OF THE UNIFORMED SERVICES BASED ON 
                   SERIOUS ECONOMIC CONDITIONS.

       Section 1009(e) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``or serious economic 
     conditions affecting the general welfare'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
                                 ______
                                 
  SA 434. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 953. REQUIREMENT FOR NATIONAL LANGUAGE SERVICE CORPS.

       (a) In General.--Subsection (a)(1) of 813 of the David L. 
     Boren National Security Education Act of 1991 (50 U.S.C. 
     1913) is amended by striking ``may establish and maintain'' 
     and inserting ``shall establish and maintain''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by striking ``If the Secretary establishes the 
     Corps, the Secretary'' and inserting ``The Secretary''.
                                 ______
                                 
  SA 435. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S4457]]


  

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. REPORT ON PROGRESS MADE IN IMPLEMENTING THE CYBER 
                   EXCEPTED PERSONNEL SYSTEM.

       Section 1599f(h)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) An assessment of the progress made in implementing 
     the Cyber Excepted Personnel System.''.
                                 ______
                                 
  SA 436. Mr. ROUNDS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 338. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL 
                   MAINTENANCE BEST PRACTICES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a 
     comprehensive plan for the sharing of best practices for 
     depot-level maintenance among the military services.
       (b) Elements.--The comprehensive plan required under 
     subsection (a) shall cover the sharing of best practices with 
     regard to--
       (1) programing and scheduling;
       (2) core capability requirements;
       (3) workload;
       (4) personnel management, development, and sustainment;
       (5) induction, duration, efficiency, and completion 
     metrics;
       (6) parts, supply, tool, and equipment management;
       (7) capital investment and manufacturing and production 
     capability; and
       (8) inspection and quality control.
                                 ______
                                 
  SA 437. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle C of title XVI, insert 
     the following:

     SEC. ___. SENSE OF CONGRESS ON ESTABLISHING AN AWARD PROGRAM 
                   FOR THE CYBER COMMUNITY OF THE DEPARTMENT OF 
                   DEFENSE.

       It is the sense of Congress that the Secretary of Defense 
     should consider--
       (1) establishing an award program for employees of the 
     Department of Defense who carry out the cyber missions or 
     functions of the Department of Defense;
       (2) all award options under law or policy, including 
     compensation, time off, and status awards;
       (3) awards based upon operational impact and meritorious 
     service;
       (4) providing the largest possible opportunity for such 
     members or employees to earn such rewards without regard to 
     type of position, grade, years of service, experience or past 
     performance;
       (5) individual and organization rewards; and
       (6) other factors, as the Secretary considers appropriate, 
     that would reward and provide incentive to cyber personnel or 
     organizations.
                                 ______
                                 
  SA 438. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 583. 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) Voluntary Provision of Addresses.--The provision of one 
     or more electronic mail addresses by a member in a 
     Certificate of Release or Discharge from Active Duty, as 
     modified by subsection (a), shall be voluntary and entirely 
     at the election of the member.
       (c) 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 439. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. REPORT ON AIR-TO-GROUND MUNITIONS SUPPLIED BY THE 
                   UNITED STATES TO SAUDI ARABIA.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense shall, in consultation 
     with the Director of National Intelligence, submit to 
     Congress a report setting forth the following:
       (1) An assessment by the Secretary whether the use of air-
     to-ground munitions sold or otherwise supplied by the United 
     States to the Government of Saudi Arabia have resulted in 
     civilian casualties.
       (2) An analysis of trends in the scope of civilian 
     casualties since the onset of the official involvement of 
     Saudi Arabia in the conflict in Yemen.
       (3) Recommendations on actions to be taken to mitigate the 
     incidence of civilian casualties in Yemen.
                                 ______
                                 
  SA 440. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       On page 8, strike line 11 and insert the following:
       (2) No annual or lifetime caps.--Paragraph (3) of section 
     36B(c) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(C) No annual or lifetime caps.--Such term shall not 
     include a qualified health plan which has an annual or 
     lifetime cap on benefits, or any plan which does not cover 
     all necessary treatment for a condition until cured 
     (including rehabilitation or reconstruction procedures).''.
       (3) Effective date.--The amendments made
                                 ______
                                 
  SA 441. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO DISENROLLMENT OF CHILDREN FROM MEDICAID WITHOUT 
                   PROOF OF ALTERNATIVE INSURANCE COVERAGE.

       Beginning with the date of enactment of this Act, any child 
     who is enrolled in a State Medicaid program shall not be 
     disenrolled from such program without proof that the child 
     has alternative insurance coverage that is equally affordable 
     and that provides at least the same level of coverage.
                                 ______
                                 
  SA 442. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIRING MEDICAID COVERAGE FOR CERTAIN ADULTS WITH 
                   HIGH INSURANCE COSTS.

       (a) In General.--Beginning with the date of enactment of 
     this Act, each State shall provide medical assistance through 
     the State Medicaid program to any individual residing in the 
     State who is between 50 and 64 years of age and who 
     demonstrates that the least expensive private health 
     insurance coverage available to such individual would require 
     the individual to pay premiums that would exceed 9.5 percent 
     of such individual's income.
       (b) Enhanced FMAP.--The Federal medical assistance 
     percentage applicable to medical assistance provided by a 
     State under the State Medicaid program to individuals 
     described in subsection (a) shall be equal to 100 percent.
                                 ______
                                 
  SA 443. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIRING MEDICAID COVERAGE FOR CERTAIN ADULTS WITH 
                   HIGH INSURANCE COSTS.

       Beginning with the date of enactment of this Act, each 
     State shall provide medical

[[Page S4458]]

     assistance through the State Medicaid program to any 
     individual residing in the State who is between 50 and 64 
     years of age and who demonstrates that the least expensive 
     private health insurance coverage available to such 
     individual would require the individual to pay premiums that 
     would exceed 9.5 percent of such individual's income.
                                 ______
                                 
  SA 444. Ms. HIRONO (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by her to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   PRIVATIZE MEDICARE OR LIMIT FEDERAL FUNDING FOR 
                   MEDICAID.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     would--
       (1) increase the eligibility age under the Medicare program 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.);
       (2) privatize the Medicare program or turn the program into 
     a voucher system; or
       (3) decrease or cap Federal funding of State Medicaid 
     programs under title XIX of such Act (42 U.S.C. 1396 et 
     seq.), or alter such funding of such programs in such a 
     manner that would decrease the amount of Federal funding 
     available to States to elect to provide medical assistance to 
     low-income, non-elderly individuals under the eligibility 
     option established by the Affordable Care Act in section 
     1902(a)(10)(A)(i)(VIII) of such Act (42 U.S.C. 
     1396a(a)(10)(A)(i)(VIII)).
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
                                 ______
                                 
  SA 445. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PREVENTING REDUCTIONS IN HEALTH COVERAGE, INCREASED 
                   OUT-OF-POCKET COSTS, AND INCREASED TAXES FOR 
                   INDIVIDUALS IN THE STATE OF HAWAII.

       If, within 30 days of the date of the enactment of this 
     Act, the Governor of Hawaii provides a certification to the 
     Secretary of Health and Human Services and the Secretary of 
     Treasury that provisions of, or amendments made by, this Act 
     will result in reductions in health coverage, increased out-
     of-pocket costs, or increased taxes for individuals in 
     Hawaii, such provisions and amendments shall, as of the date 
     of such certification, not apply to Hawaii (including 
     residents of Hawaii).
                                 ______
                                 
  SA 446. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       On page 33, insert the following after line 11:
       ``(D) Safety net care providers.--Payments made for 
     services provided by rural health clinics described in clause 
     (B) of section 1905(a)(2), Federally-qualified health centers 
     as described in clause (C) of section 1905(a)(2), under the 
     terms specified in section 1902(bb), and certified community 
     behavioral health clinics as described in Section 223 of the 
     Protecting Access to Medicare Act.
                                 ______
                                 
  SA 447. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill H.R. 1628, to provide for reconciliation 
pursuant to title II of the concurrent resolution on the budget for 
fiscal year 2017; which was ordered to lie on the table; as follows:

       Strike sections 111 through 121.
                                 ______
                                 
  SA 448. Mr. TESTER (for himself, Mrs. McCaskill, Mr. Franken, Mrs. 
Murray, and Mr. Blumenthal) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, to authorize appropriations for 
fiscal year 2018 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     TITLE __--SERVICEMEMBERS AND VETERANS EMPOWERMENT AND SUPPORT

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Servicemembers and 
     Veterans Empowerment and Support Act of 2017''.

     SEC. ___. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS 
                   AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL 
                   TRAUMA.

       (a) Coverage of Cyber Harassment of a Sexual Nature.--
     Paragraph (1) of section 1720D(a) of title 38, United States 
     Code, is amended by inserting ``cyber harassment of a sexual 
     nature,'' after ``battery of a sexual nature,''.
       (b) Expansion of Availability for Members of the Armed 
     Forces.--Paragraph (2)(A) of such section is amended--
       (1) by striking ``on active duty''; and
       (2) by inserting ``that was suffered by the member while 
     serving on active duty, active duty for training, or inactive 
     duty training'' before the period at the end.

     SEC. ___. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL 
                   HEALTH CONDITIONS RELATED TO MILITARY SEXUAL 
                   TRAUMA.

       (a) Standard of Proof.--Section 1154 of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c)(1) In the case of any veteran who claims that a 
     covered mental health condition was incurred in or aggravated 
     by military sexual trauma during active military, naval, or 
     air service, the Secretary shall accept as sufficient proof 
     of service-connection a diagnosis of such mental health 
     condition by a mental health professional together with 
     satisfactory lay or other evidence of such trauma and an 
     opinion by the mental health professional that such covered 
     mental health condition is related to such military sexual 
     trauma, if consistent with the facts of their service, 
     notwithstanding the fact that there is no official record of 
     such incurrence or aggravation in such service, and, to that 
     end, shall resolve every reasonable doubt in favor of the 
     veteran. Service-connection of such covered mental health 
     condition may be rebutted by clear and convincing evidence to 
     the contrary. The reasons for granting or denying service-
     connection in each case shall be recorded in full.
       ``(2) In this subsection:
       ``(A) The term `covered mental health condition' means 
     post-traumatic stress disorder, anxiety, depression, or other 
     mental health diagnosis described in the current version of 
     the Diagnostic and Statistical Manual of Mental Disorders 
     published by the American Psychiatric Association that the 
     Secretary determines to be related to military sexual trauma.
       ``(B) The term `military sexual trauma' means, with respect 
     to a veteran, a physical assault of a sexual nature, battery 
     of a sexual nature, cyber harassment of a sexual nature, or 
     sexual harassment which occurred during active military, 
     naval, or air service.''.
       (b) Use of Evidence in Evaluating Disability Claims 
     Involving Military Sexual Trauma.--
       (1) In general.--Subchapter VI of chapter 11 of such title 
     is amended by adding at the end the following new section:

     ``Sec. 1164. Evaluation of claims involving military sexual 
       trauma

       ``(a) Nonmilitary Sources of Evidence.--(1) In carrying out 
     section 1154(c) of this title, the Secretary shall ensure 
     that if a claim for compensation under this chapter is 
     received by the Secretary for post-traumatic stress disorder 
     based on a physical assault of a sexual nature, battery of a 
     sexual nature, cyber harassment of a sexual nature, or sexual 
     harassment experienced by a veteran during active military, 
     naval, or air service, evidence from sources other than 
     official records of the Department of Defense regarding the 
     veteran's service may corroborate the veteran's account of 
     the assault, battery, or harassment.
       ``(2) Examples of evidence described in paragraph (1) 
     include the following:
       ``(A) Records from law enforcement authorities, rape crisis 
     centers, mental health counseling centers, hospitals, and 
     physicians.
       ``(B) Pregnancy tests and tests for sexually transmitted 
     diseases.
       ``(C) Statements from family members, roommates, other 
     members of the Armed Forces or veterans, and clergy.
       ``(b) Behavior Changes Corroborating Evidence.--(1) In 
     carrying out section 1154(c) of this title, the Secretary 
     shall ensure that evidence of a behavior change following an 
     assault, battery, or harassment described in subsection 
     (a)(1) is one type of relevant evidence that may be found in 
     sources described in such subsection.
       ``(2) Examples of behavior changes that may be relevant 
     evidence of an assault, battery, or harassment described in 
     subsection (a)(1) include the following:
       ``(A) A request for a transfer to another military duty 
     assignment.
       ``(B) Deterioration in work performance.
       ``(C) Substance abuse.
       ``(D) Episodes of depression, panic attacks, or anxiety 
     without an identifiable cause.
       ``(E) Unexplained economic or social behavior changes.
       ``(c) Notice and Opportunity To Supply Evidence.--The 
     Secretary may not deny a claim of a veteran for compensation 
     under

[[Page S4459]]

     this chapter for a post-traumatic stress disorder that is 
     based on an assault, battery, or harassment described in 
     subsection (a)(1) without first--
       ``(1) advising the veteran that evidence described in 
     subsections (a) and (b) may constitute credible corroborating 
     evidence of the assault, battery, or harassment; and
       ``(2) allowing the veteran an opportunity to furnish such 
     corroborating evidence or advise the Secretary of potential 
     sources of such evidence.
       ``(d) Review of Evidence.--In reviewing a claim for 
     compensation described in subsection (a)(1), for any evidence 
     received with such claim that is described in subsection (a) 
     or (b), the Secretary may submit such evidence to such 
     medical or mental health professional as the Secretary 
     considers appropriate, including clinical and counseling 
     experts employed by the Department, to obtain a credible 
     opinion as to whether the evidence indicates that an assault, 
     battery, or harassment described in subsection (a)(1) 
     occurred.
       ``(e) Point of Contact.--The Secretary shall ensure that 
     each document provided to a veteran relating to a claim for 
     compensation described in subsection (a)(1) includes contact 
     information for an appropriate point of contact with the 
     Department.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1164. Evaluation of claims involving military sexual trauma.''.
       (c) Annual Reports.--
       (1) In general.--Subchapter VI of chapter 11 of title 38, 
     United States Code, as amended by subsection (b), is further 
     amended by adding at the end the following new section:

     ``Sec. 1165. Reports on claims for disabilities incurred or 
       aggravated by military sexual trauma

       ``(a) Reports.--Not later than March 1, 2018, and not less 
     frequently than once each year thereafter through 2027, the 
     Secretary shall submit to Congress a report on covered claims 
     submitted during the previous fiscal year to identify and 
     track the consistency of decisions across regional offices.
       ``(b) Elements.--Each report under subsection (a) shall 
     include the following:
       ``(1) The number of covered claims submitted to or 
     considered by the Secretary during the fiscal year covered by 
     the report.
       ``(2) Of the covered claims listed under paragraph (1), the 
     number and percentage of such claims--
       ``(A) submitted by each sex;
       ``(B) that were approved, including the number and 
     percentage of such approved claims submitted by each sex; and
       ``(C) that were denied, including the number and percentage 
     of such denied claims submitted by each sex.
       ``(3) Of the covered claims listed under paragraph (1) that 
     were approved, the number and percentage, disaggregated by 
     sex, of claims assigned to each rating percentage.
       ``(4) Of the covered claims listed under paragraph (1) that 
     were denied--
       ``(A) the three most common reasons given by the Secretary 
     under section 5104(b)(1) of this title for such denials; and
       ``(B) the number of denials that were based on the failure 
     of a veteran to report for a medical examination.
       ``(5) The number of covered claims that, as of the end of 
     the fiscal year covered by the report, are pending and, 
     separately, the number of such claims on appeal.
       ``(6) For the fiscal year covered by the report, the 
     average number of days that covered claims take to complete, 
     beginning on the date on which the claim is submitted.
       ``(7) A description of the training that the Secretary 
     provides to employees of the Veterans Benefits Administration 
     specifically with respect to covered claims, including the 
     frequency, length, and content of such training.
       ``(c) Definitions.--In this section:
       ``(1) The term `covered claims' means claims for disability 
     compensation submitted to the Secretary based on a covered 
     mental health condition alleged to have been incurred or 
     aggravated by military sexual trauma.
       ``(2) The terms `covered mental health condition' and 
     `military sexual trauma' have the meanings given such terms 
     in section 1154(c)(3) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by subsection (b), is 
     further amended by adding at the end the following new item:

``1165. Reports on claims for disabilities incurred or aggravated by 
              military sexual trauma.''.
       (d) Effective Date.--Subsection (c) of section 1154 of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to any claim for disability 
     compensation under laws administered by the Secretary of 
     Veterans Affairs for which no final decision has been made 
     before the date of the enactment of this Act.

     SEC. ___. INFORMATION FOR MEMBERS OF THE ARMED FORCES 
                   REGARDING AVAILABILITY OF SERVICES AT VET 
                   CENTERS.

       (a) In General.--The Secretary of Defense shall inform 
     members of the Armed Forces, using mechanisms available to 
     the Secretary, of the eligibility of such members for 
     services at Vet Centers.
       (b) Information From Sexual Assault Response 
     Coordinators.--The Secretary shall ensure that Sexual Assault 
     Response Coordinators of the Department of Defense advise 
     members of the Armed Forces who report instances of military 
     sexual trauma regarding the eligibility of such members for 
     services at Vet Centers.
       (c) Definitions.--In this section:
       (1) Military sexual trauma.--The term ``military sexual 
     trauma'' means psychological trauma described in section 
     1720D(a)(1) of title 38, United States Code.
       (2) Vet center.--The term ``Vet Center'' has the meaning 
     given that term in section 1712A(h) of such title.
                                 ______
                                 
  SA 449. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN CIVIL PENALTY UNDER INTERNATIONAL 
                   EMERGENCY ECONOMIC POWERS ACT.

       Section 206(b)(1) of the International Emergency Economic 
     Powers Act (50 U.S.C. 1705(b)(1)) is amended by striking 
     ``$250,000'' and inserting ``$1,000,000''.
                                 ______
                                 
  SA 450. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 192, strike lines 21 through 24.
                                 ______
                                 
  SA 451. Mr. BLUMENTHAL (for himself, Mr. Whitehouse, Mr. Durbin, and 
Ms. Hirono) submitted an amendment intended to be proposed by him to 
the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division __, add the following:

          TITLE XVII--JUSTICE FOR SERVICEMEMBERS AND VETERANS

     SECTION 1700. SHORT TITLE.

       This title may be cited as the ``Justice for Servicemembers 
     and Veterans Act of 2017''.

             Subtitle A--Employment and Reemployment Rights

     SEC. 1701. ACTION FOR RELIEF IN ENFORCEMENT OF EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED 
                   SERVICES WITH RESPECT TO A STATE OR PRIVATE 
                   EMPLOYER.

       (a) Initiation of Actions.--Paragraph (1) of subsection (a) 
     of section 4323 of title 38, United States Code, is amended 
     by striking the third sentence and inserting the following 
     new sentences: ``If the Attorney General is reasonably 
     satisfied that the person on whose behalf the complaint is 
     referred is entitled to the rights or benefits sought, the 
     Attorney General may commence an action for relief under this 
     chapter, including on behalf of the person. The person on 
     whose behalf the complaint is referred may, upon timely 
     application, intervene in such action and may obtain such 
     appropriate relief as provided in subsections (d) and (e).''.
       (b) Attorney General Notice to Servicemember of Decision.--
     Paragraph (2) of such subsection is amended to read as 
     follows:
       ``(2)(A) Not later than 60 days after the date the Attorney 
     General receives a referral under paragraph (1), the Attorney 
     General shall transmit, in writing, to the person on whose 
     behalf the complaint is submitted--
       ``(i) if the Attorney General has made a decision about 
     whether the United States will commence an action for relief 
     under paragraph (1) relating to the complaint of the person, 
     notice of the decision; and
       ``(ii) if the Attorney General has not made such a 
     decision, notice of when the Attorney General expects to make 
     such a decision.
       ``(B) If the Attorney General notifies a person of when the 
     Attorney General expects to make a decision under 
     subparagraph (A)(ii), the Attorney General shall, not later 
     than 30 days after the date on which the Attorney General 
     makes such decision, notify, in writing, the person of such 
     decision.''.
       (c) Pattern or Practice Cases.--Such subsection is further 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) (as amended by 
     paragraph (2) of this subsection) the following new paragraph 
     (3):
       ``(3) Whenever the Attorney General has reasonable cause to 
     believe that a State (as an employer) or a private employer 
     is engaged in a pattern or practice of resistance

[[Page S4460]]

     to the full enjoyment of any of the rights or benefits 
     secured by this chapter, the Attorney General may commence an 
     action under this chapter.''.
       (d) Actions by Private Persons.--Subparagraph (C) of 
     paragraph (4) of such subsection, as redesignated by 
     paragraph (3)(A), is amended by striking ``refused'' and all 
     that follows and inserting ``notified by the Attorney General 
     that the Attorney General does not intend to bring a civil 
     action.''.
       (e) Conforming Amendment.--Subsection (h)(2) of such 
     section is amended by striking ``subsection (a)(2)'' and 
     inserting ``subsection (a)(1) or subsection (a)(4)''.

     SEC. 1702. WAIVER OF SOVEREIGN IMMUNITY FOR ENFORCEMENT OF 
                   EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
                   OF UNIFORMED SERVICES.

       (a) In General.--Paragraph (2) of section 4323(b) of title 
     38, United States Code, is amended to read as follows:
       ``(2)(A) In the case of an action against a State (as an 
     employer), any instrumentality of a State, or any officer or 
     employee of a State or instrumentality of a State acting in 
     that officer or employee's official capacity, by any person, 
     the action may be brought in the appropriate district court 
     of the United States or in a State court of competent 
     jurisdiction, and the State, instrumentality of the State, or 
     officer or employee of the State or instrumentality acting in 
     that officer or employee's official capacity shall not be 
     immune under the Eleventh Amendment of the Constitution, or 
     under any other doctrine of sovereign immunity, from such 
     action.
       ``(B)(i) No State, instrumentality of such State, or 
     officer or employee of such State or instrumentality of such 
     State, acting in that officer or employee's official 
     capacity, that receives or uses Federal financial assistance 
     for a program or activity shall be immune, under the Eleventh 
     Amendment of the Constitution or under any other doctrine of 
     sovereign immunity, from suit in Federal or State court by 
     any person for any violation under this chapter related to 
     such program or activity.
       ``(ii) In an action against a State brought pursuant to 
     subsection (a), a court may award the remedies (including 
     remedies both at law and in equity) that are available under 
     subsections (d) and (e).''.
       (b) Modification of Purposes.--Section 4301(a) of such 
     title is amended, in the matter before paragraph (1), by 
     striking ``The'' and inserting ``Pursuant to the power of 
     Congress to enact this chapter under section 8 of article I 
     of the Constitution of the United States, the''.

     SEC. 1703. VENUE FOR CASES AGAINST PRIVATE EMPLOYERS FOR 
                   VIOLATIONS OF EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS OF MEMBERS OF UNIFORMED SERVICES.

       Section 4323(c)(2) of title 38, United States Code, is 
     amended by striking ``United States district court for any 
     district in which the private employer of the person 
     maintains a place of business.'' and inserting ``United 
     States district court for--
       ``(A) any district in which the employer maintains a place 
     of business;
       ``(B) any district in which a substantial part of the 
     events or omissions giving rise to the claim occurred; or
       ``(C) if there is no district in which an action may 
     otherwise be brought as provided in subparagraph (A) or (B), 
     any district in which the employer is subject to the court's 
     personal jurisdiction with respect to such action.''.

     SEC. 1704. STANDING IN CASES INVOLVING VIOLATIONS OF 
                   EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS 
                   OF UNIFORMED SERVICES BY STATES AND PRIVATE 
                   EMPLOYERS.

       Section 4323(f) of title 38, United States Code, is 
     amended--
       (1) by inserting ``by the United States or'' after ``may be 
     initiated only''; and
       (2) by striking ``or by the United States under subsection 
     (a)(1)''.

     SEC. 1705. CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL IN 
                   ENFORCEMENT OF EMPLOYMENT AND REEMPLOYMENT 
                   RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH 
                   RESPECT TO STATES AND PRIVATE EMPLOYERS.

       Section 4323 of title 38, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Issuance and Service of Civil Investigative Demands 
     by Attorney General.--(1) Whenever the Attorney General has 
     reason to believe that any person may be in possession, 
     custody, or control of any documentary material relevant to 
     an investigation under this chapter, the Attorney General 
     may, before commencing a civil action under subsection (a), 
     issue in writing and cause to be served upon such person, a 
     civil investigative demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) The provisions governing the authority to issue, use, 
     and enforce civil investigative demands under section 3733 of 
     title 31 (known as the `False Claims Act') shall govern the 
     authority to issue, use, and enforce civil investigative 
     demands under paragraph (1), except that for purposes of that 
     paragraph--
       ``(A) a reference in that section to false claims law 
     investigators or investigations shall be applied as referring 
     to investigators or investigations under this chapter;
       ``(B) a reference to interrogatories shall be applied as 
     referring to written questions, and answers to such need not 
     be under oath;
       ``(C) the statutory definitions for purposes of that 
     section relating to `false claims law' shall not apply; and
       ``(D) provisions of that section relating to qui tam 
     relators shall not apply.''.

     SEC. 1706. TREATMENT OF DISABILITY DISCOVERED AFTER EMPLOYEE 
                   ENTITLED TO REEMPLOYMENT BY REASON OF UNIFORMED 
                   SERVICE STATUS RESUMES EMPLOYMENT.

       Section 4313(a)(3) of title 38, United States Code, is 
     amended, in the matter before subparagraph (A), by inserting 
     ``including a disability that is brought to the employer's 
     attention within 5 years after the person resumes 
     employment,'' after ``during, such service,''.

     SEC. 1707. BURDEN OF IDENTIFYING PROPER REEMPLOYMENT 
                   POSITIONS FOR EMPLOYEES ENTITLED TO 
                   REEMPLOYMENT BY REASON OF UNIFORMED SERVICE 
                   STATUS.

       Section 4313 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) For purposes of this section, the employer shall have 
     the burden of identifying the appropriate reemployment 
     positions.''.

     SEC. 1708. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Clarification Regarding Definition of Rights and 
     Benefits.--Section 4303(2) of title 38, United States Code, 
     is amended--
       (1) by inserting ``(A)'' before ``The term''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Any procedural protections or provisions set forth in 
     this chapter shall also be considered a right or benefit 
     subject to the protection of this chapter.''.
       (b) Clarification Regarding Relation to Other Law and Plans 
     for Agreements.--Section 4302 of such title is amended by 
     adding at the end the following:
       ``(c)(1) Pursuant to this section and the procedural rights 
     afforded by subchapter III of this chapter, any agreement to 
     arbitrate a claim under this chapter is unenforceable, unless 
     all parties consent to arbitration after a complaint on the 
     specific claim has been filed in court or with the Merit 
     Systems Protection Board and all parties knowingly and 
     voluntarily consent to have that particular claim subjected 
     to arbitration.
       ``(2) For purposes of this subsection, consent shall not be 
     considered voluntary when a person is required to agree to 
     arbitrate an action, complaint, or claim alleging a violation 
     of this chapter as a condition of future or continued 
     employment, advancement in employment, or receipt of any 
     right or benefit of employment.''.

                        Subtitle B--Civil Relief

     SEC. 1711. IMPROVED PROTECTION OF MEMBERS OF UNIFORMED 
                   SERVICES AGAINST DEFAULT JUDGMENTS.

       (a) Appointment of Attorney To Represent Defendant in 
     Military Service.--Paragraph (2) of section 201(b) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3931(b)) is 
     amended to read as follows:
       ``(2) Appointment of attorney to represent defendant in 
     military service.--
       ``(A) In general.--If in an action covered by this section 
     it appears that the defendant is in military service, the 
     court shall not enter a judgment until after the court 
     appoints an attorney to represent the defendant.
       ``(B) Actions of attorney.--
       ``(i) In general.--The court appointed attorney shall act 
     only in the best interests of the defendant.
       ``(ii) Request for stay of proceedings.--The court 
     appointed attorney, when appropriate to represent the best 
     interests of the defendant, shall request a stay of 
     proceedings under this Act.
       ``(iii) Faithful performance.--The court shall require the 
     court appointed attorney to perform duties faithfully and, 
     upon failure to do so, shall discharge the attorney and 
     appoint another.
       ``(C) Location.--
       ``(i) In general.--The court appointed attorney shall use 
     due diligence to locate and contact the defendant.
       ``(ii) Provision of contact information.--The plaintiff 
     must provide to the court appointed attorney all contact 
     information it has for the defendant.
       ``(iii) Report on efforts to locate.--A court appointed 
     attorney unable to make contact with the defendant shall 
     report to the court on all of the attorney's efforts to make 
     contact.
       ``(iv) Implications of failure to locate.--If an attorney 
     appointed under this section to represent a defendant in 
     military service cannot locate the defendant, actions by the 
     attorney in the case shall not waive any defense of the 
     servicemember or otherwise bind the servicemember.

[[Page S4461]]

       ``(D) Notification and assertion of rights.--
       ``(i) Notification of rights.--Upon making contact with the 
     defendant, the court appointed attorney shall advise the 
     defendant of the nature of the lawsuit and the defendant's 
     rights provided by this Act, including rights to obtain a 
     stay and to request the court to adjust an obligation.
       ``(ii) Assertion of rights.--Regardless of whether contact 
     is made under clause (i), the court appointed attorney shall 
     assert such rights on behalf of defendant if there is an 
     adequate basis in law and fact, unless the defendant provides 
     informed consent to not assert such rights.''.
       (b) Expansion of Authority for Court To Vacate or Set Aside 
     Judgment.--Paragraph (1) of section 201(g) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3931(g)) is 
     amended by striking subparagraphs (A) and (B) and inserting 
     the following new subparagraphs (A) and (B):
       ``(A)(i) the servicemember was materially affected by 
     reason of that military service in making a defense to the 
     action; and
       ``(ii) the servicemember has a meritorious or legal defense 
     to the action or some part of it; or
       ``(B) an attorney appointed to represent the servicemember 
     failed to adequately represent the best interests of the 
     defendant.''.

     SEC. 1712. AUTHORITY FOR ISSUANCE AND SERVICE OF CIVIL 
                   INVESTIGATIVE DEMANDS BY ATTORNEY GENERAL.

       (a) In General.--Section 801 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4041) is amended by adding at the end 
     the following new subsection:
       ``(d) Issuance and Service of Civil Investigative 
     Demands.--
       ``(1) In general.--Whenever the Attorney General has reason 
     to believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation under this Act, the Attorney General may, 
     before commencing a civil action under subsection (a), issue 
     in writing and serve upon such person, a civil investigative 
     demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) Procedures.--The provisions of section 3733 of title 
     31, United States Code, governing the authority to issue, 
     use, and enforce civil investigative demands shall apply with 
     respect to the authority to issue, use, and enforce civil 
     investigative demands under this section, except that, for 
     purposes of applying such section 3733--
       ``(A) references in that section to false claims law 
     investigators or investigations shall be read as references 
     to investigators or investigations;
       ``(B) references in that section to interrogatories shall 
     be read as references to written questions, and answers to 
     such need not be under oath;
       ``(C) the statutory definitions relating to `false claims 
     law' shall not apply; and
       ``(D) provisions relating to qui tam relators shall not 
     apply.''.
       (b) Retroactive Applicability.--Section 801 of such Act (50 
     U.S.C. 4041), as amended by subsection (a), shall apply as if 
     such section were included in the enactment of the Soldiers' 
     and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 
     888) and included in the restatement of such Act in Public 
     Law 108-189.

     SEC. 1713. ORAL NOTICE SUFFICIENT TO INVOKE INTEREST RATE 
                   CAP.

       Paragraphs (1) and (2) of section 207(b) of the 
     Servicemembers Civil Relief Act (50 U.S.C. 3937(b)) are 
     amended to read as follows:
       ``(1) Notice to creditor.--
       ``(A) In general.--In order for an obligation or liability 
     of a servicemember to be subject to the interest rate 
     limitation in subsection (a), the servicemember shall provide 
     to the creditor oral or written notice of military service 
     and any further extension of military service, not later than 
     180 days after the date of the servicemember's termination or 
     release from military service.
       ``(B) Records.--The creditor shall retain a record of the 
     servicemember's oral or written notification.
       ``(2) Limitation effective as of date of order to active 
     duty.--
       ``(A) Search of records.--Upon receipt of oral or written 
     notice of military service, the creditor shall conduct a 
     search of Department of Defense records available through the 
     Department of Defense Manpower Data Center.
       ``(B) Military service confirmed.--If military service is 
     confirmed by a search under subparagraph (A), the creditor 
     shall treat the debt in accordance with subsection (a), 
     effective as of the date on which the servicemember is called 
     to military service.
       ``(C) Military service not confirmed.--If a search of 
     Department of Defense records under subparagraph (A) does not 
     confirm military service, the creditor shall notify the 
     servicemember and may require the servicemember to provide a 
     copy of the servicemember's military orders before treating 
     the debt in accordance with subsection (a), effective as of 
     the date on which the servicemember is called to military 
     service.''.

     SEC. 1714. HARMONIZATION OF SECTIONS.

       (a) In General.--Section 303 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3953) is amended--
       (1) in subsection (b), in the matter before paragraph (1), 
     by striking ``filed'' and inserting ``pending''; and
       (2) in subsection (c)(1), by striking ``with a return made 
     and approved by the court''.
       (b) Repeal of Sunset.--Section 710(d) of the Honoring 
     America's Veterans and Caring for Camp Lejeune Families Act 
     of 2012 (Public Law 112-154; 50 U.S.C. 3953 note) is 
     amended--
       (1) by striking ``Extension of Sunset'' and all that 
     follows through ``Subsection (c)'' and inserting 
     ``Elimination of Prior Sunset.--Subsection (c)''; and
       (2) by striking paragraph (3).

     SEC. 1715. EXPANSION OF PROTECTION FOR TERMINATION OF 
                   RESIDENTIAL AND MOTOR VEHICLE LEASES.

       (a) Termination of Residential Leases.--
       (1) In general.--Section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. 3955) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in subparagraph (A), by striking ``or'' at the end;
       (II) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (III) by adding at the end the following new subparagraph:

       ``(C) in the case of a lease described in subparagraph (C) 
     of subsection (b)(1), the date the lessee is assigned to or 
     otherwise relocates to quarters or a housing facility as 
     described in such subparagraph.''; and
       (ii) in paragraph (2), by striking ``dependent of the 
     lessee'' and inserting ``co-lessee''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B)--

       (I) by inserting ``(as defined in the Joint Federal Travel 
     Regulations, chapter 5, paragraph U5000B)'' after ``permanent 
     change of station''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (iii) by adding at the end the following new subparagraph:
       ``(C) the lease is executed by or on behalf of a person who 
     thereafter and during the term of the lease is assigned to or 
     otherwise relocates to quarters of the United States or a 
     housing facility under the jurisdiction of a uniformed 
     service (as defined in section 101 of title 37, United States 
     Code), including housing provided under the Military Housing 
     Privatization Initiative.''.
       (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``in the case of a lease described in 
     subsection (b)(1) and subparagraph (A) or (B) of such 
     subsection,'' before ``by delivery''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) in the case of a lease described in subparagraph (C) 
     of subsection (b)(1), by delivery by the lessee of written 
     notice of such termination, and a letter from the 
     servicemember's commanding officer indicating that the 
     servicemember has been assigned to or is otherwise relocating 
     to quarters of the United States or a housing facility under 
     the jurisdiction of a uniformed service (as defined in 
     section 101 of title 37, United States Code), to the lessor 
     (or the lessor's grantee), or to the lessor's agent (or the 
     agent's grantee); and''.
       (b) Waiver Impermissible.--Such section is further amended 
     by adding at the end the following new subsection:
       ``(i) Waiver Not Permitted.--The provisions of this section 
     may not be waived or modified by the agreement of the parties 
     under any circumstances.''.

     SEC. 1716. PORTABILITY OF PROFESSIONAL LICENSES OF MEMBERS OF 
                   THE UNIFORMED SERVICES AND THEIR SPOUSES.

       (a) In General.--Title VII of the Servicemembers Civil 
     Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting 
     after section 705 (50 U.S.C. 4025) the following new section:

     ``SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF 
                   SERVICEMEMBERS AND THEIR SPOUSES.

       ``In any case in which a servicemember has a professional 
     license in good standing in a jurisdiction or the spouse of a 
     servicemember has a professional license in good standing in 
     a jurisdiction and such servicemember or spouse relocates his 
     or her residency because of military orders to a location 
     that is not in such jurisdiction, the professional license or 
     certification of such servicemember or spouse shall be 
     considered valid and in good standing in the jurisdiction of 
     such new residency for the duration of such military orders 
     if such servicemember or spouse--
       ``(1) provides a copy of such military orders to the 
     licensing authority in the jurisdiction in which the new 
     residency is located;
       ``(2) remains in good standing with the licensing authority 
     that issued the license; and
       ``(3) submits to the authority of the licensing authority 
     in the new jurisdiction for the purposes of standards of 
     practice, discipline, and fulfillment of any continuing 
     education requirements.''.

[[Page S4462]]

       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 705 the following new item:

``Sec. 705A. Portability of professional licenses of servicemembers and 
              their spouses.''.
                                 ______
                                 
  SA 452. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle D of title V, insert the following:

     SEC. __. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       (a) In General.--Section 135 of the Higher Education Act of 
     1965 (20 U.S.C. 1015d) is amended to read as follows:

     ``SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 
                   FORCES IN ACTIVE SERVICE, SPOUSES, AND 
                   DEPENDENT CHILDREN.

       ``(a) Requirement.--Each State that receives assistance 
     under this Act shall not charge a member of the armed forces 
     (or the spouse or dependent child of such member) tuition for 
     attendance at a public institution of higher education in the 
     State at a rate that is greater than the rate charged for 
     residents of the State, if the member of the armed forces--
       ``(1) is serving on active service, as defined in section 
     101 of title 10, United States Code, and has served on active 
     service for a period of not less than 10 years; and
       ``(2) has been stationed in the State--
       ``(A) for any of the 3 most recent tours of duty of the 
     member; or
       ``(B) for any of the 3 longest tours of duty of the member.
       ``(b) Continuation.--If an individual who is a member of 
     the armed forces, or the spouse or dependent child of such 
     member, pays tuition at a public institution of higher 
     education in a State at a rate determined by subsection (a), 
     the provisions of such subsection shall continue to apply to 
     such member, spouse, or dependent, with respect to any State 
     for which the member met the requirements of paragraph (a)(2) 
     and without regard to any subsequent change in the permanent 
     duty station or the retirement of the member, while such 
     member, spouse or dependent--
       ``(1) is continuously enrolled at such institution; or
       ``(2)(A) transfers to another public institution of higher 
     education during the same academic year or the immediately 
     following academic year, if the institution is located in a 
     State where the member has been stationed as described in 
     subsection (a)(2); and
       ``(B) is continuously enrolled at such institution.
       ``(c) Applicability.--This section shall take effect at 
     each public institution of higher education in a State that 
     receives assistance under this Act for each period of 
     enrollment at such institution that begins after July 1, 
     2018.
       ``(d) Definitions.--In this section:
       ``(1) Active service for a period of more than 30 days.--
     The term `active service for a period of more than 30 days' 
     means active service, as defined in section 101 of title 10, 
     United States Code, under a call or order that does not 
     specify a period of 30 days or less.
       ``(2) Armed forces.--The terms `armed forces' has the 
     meaning given the term in section 101 of title 10, United 
     States Code.''.
       (b) Effective Date.--Subsection (a), and the amendment made 
     by subsection (a), shall take effect on July 1, 2018.
                                 ______
                                 
  SA 453. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. JOINT SERVICES TRANSCRIPTS FOR MEMBERS OF THE ARMED 
                   FORCES PARTICIPATING IN THE TRANSITION 
                   ASSISTANCE PROGRAM.

       (a) Provision of Transcripts to Members Required.--Each 
     member of the Armed Forces participating in the Transition 
     Assistance Program (TAP) of the Department of Defense shall 
     be provided a joint services transcript (TSP) in connection 
     with participation in the Program.
       (b) Elements.--The joint services transcript provided a 
     member pursuant to subsection (a) shall include the 
     following:
       (1) Military student data of the member, including a 
     description of any military courses taken and learning 
     outcomes and recommended college credit in connection with 
     such courses.
       (2) Any military occupations or military occupational 
     specialities of the member.
       (3) The results of any national college-level examinations 
     taken by the member.
                                 ______
                                 
  SA 454. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. _. FINANCING OF EXPORTATION OF DEFENSE ARTICLES AND 
                   DEFENSE SERVICES BY EXPORT-IMPORT BANK OF THE 
                   UNITED STATES.

       Section 2(b)(6)(I)(i)(I) of the Export-Import Bank Act of 
     1945 (12 U.S.C. 635(b)(6)(I)(i)(I)) is amended to read as 
     follows:
       ``(I)(aa) the Bank determines that the end use of the 
     defense articles or services includes civilian purposes; or
       ``(bb) the President determines that the transaction is in 
     the national security interests of the United States; and''.
                                 ______
                                 
  SA 455. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of division A add the following:

           TITLE XVII--DISCHARGE AND DISCHARGE REVIEW MATTERS

     SEC. 1701. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS 
                   OF DISCHARGE OF MEMBERS WHO ARE SURVIVORS OF 
                   SEXUAL ASSAULT.

       (a) Codification of Current Confidential Process.--
       (1) Codification.--Chapter 79 of title 10, United States 
     Code, is amended by inserting after section 1554a a new 
     section 1554b consisting of--
       (A) a heading as follows:

     ``Sec. 1554b. Confidential review of characterization of 
       terms of discharge of members of the armed forces who are 
       survivors of sexual assault''; and

       (B) a text consisting of the text of section 547 of the 
     Carl Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015 (Public Law 113-291; 
     128 Stat. 3375; 10 U.S.C. 1553 note).
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of such title is amended by inserting 
     after the item relating to section 1554a the following new 
     item:

``1554b. Confidential review of characterization of terms of discharge 
              of members of the armed forces who are survivors of 
              sexual assault.''.

       (3) Conforming repeal.--Section 547 of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 is repealed.
       (b) Terminology.--Section 1554b of title 10, United States 
     Code, as added by subsection (a) of this section, is 
     amended--
       (1) in subsection (a), by striking ``victim'' each place it 
     appears and inserting ``survivor''; and
       (2) by striking ``sex-related'' each place it appears and 
     inserting ``sexual assault''.
       (c) Clarification of Applicability to Individuals Who 
     Allege They Were a Survivor of Sexual Assault During Military 
     Service.--Subsection (a) of such section 1554b, as so added, 
     is further amended by inserting after ``sexual assault 
     offense'' the following: ``, or alleges that the individual 
     was the survivor of a sexual assault offense,''.
       (d) Additional Requirements for Consideration of 
     Evidence.--Subsection (b) of such section 1554b, as so added, 
     is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) to give liberal consideration to all available 
     evidence that a sexual assault occurred, including evidence 
     from sources other than records of the armed force concerned 
     that may corroborate the individual's account of the sexual 
     assault (including evidence of changes in the individual's 
     behavior after the offense and other circumstantial evidence 
     that may corroborate the individual's account of the sexual 
     assault).''.
       (e) Medical Advisory Opinions in Connection With Survivors 
     of Sexual Assault.--Such section 1554b, as so added, is 
     further amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Medical Advisory Opinions.--Any medical advisory 
     opinion issued to a board

[[Page S4463]]

     established in accordance with this chapter in the case of a 
     review carried out in accordance with the process established 
     under this section shall include the opinion of a 
     psychiatrist or psychologist with training in sexual trauma 
     cases.''.
       (f) Conforming Amendments.--Such section 1554b, as so 
     added, is further amended--
       (1) by striking ``Armed Forces'' each place it appears in 
     subsections (a) and (b) and inserting ``armed forces'';
       (2) in subsection (a)--
       (A) by striking ``boards for the correction of military 
     records of the military department concerned'' and inserting 
     ``boards of the military department concerned established in 
     accordance with this chapter''; and
       (B) by striking ``such an offense'' and inserting ``a 
     sexual-assault offense'';
       (3) in subsection (b), by striking ``boards for the 
     correction of military records'' and inserting ``boards of 
     the military department concerned established in accordance 
     with this chapter''; and
       (4) in subsection (e), as redesignated by subsection (e)(1) 
     of this section--
       (A) in the subsection heading, by striking ``Sex-related'' 
     and inserting ``Sexual Assault'';
       (B) in paragraph (1), by striking ``title 10, United States 
     Code'' and inserting ``this title''; and
       (C) in paragraphs (2) and (3), by striking ``such title'' 
     and inserting ``this title''.

     SEC. 1702. AUTHORITY FOR DISCHARGE REVIEW BOARDS TO REFER 
                   CERTAIN APPLICATIONS FOR RELIEF TO THE PHYSICAL 
                   DISABILITY BOARD OF REVIEW.

       (a) Authority for Discharge Review Boards to Refer for 
     Disability Review.--
       (1) Authority.--Subsection (b) of section 1553 of title 10, 
     United States Code, is amended to read as follows:
       ``(b)(1) To reflect its findings, a board established under 
     this section may--
       ``(A) change a discharge or dismissal;
       ``(B) issue a new discharge; or
       ``(C) in the case of a former member whose application for 
     relief is based in whole or in part on matters relating to a 
     sexual assault, post-traumatic stress disorder, or traumatic 
     brain injury, refer the application for relief to the 
     Physical Disability Board of Review established under section 
     1554a of this title for review under such section.
       ``(2) Any action of the board under this subsection is 
     subject to review by the Secretary concerned.''.
       (b) Treatment of Referral.--Section 1554a of title 10, 
     United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Referrals From Discharge Review Board.--(1) Except as 
     provided in paragraph (2), a referral for review pursuant to 
     section 1553(b)(1)(C) of this title shall be treated as a 
     request for review by a covered individual for purposes of 
     this section.
       ``(2) In the case of a referral for review pursuant to 
     section 1553(b)(1)(C) of this title--
       ``(A) a previous disability determination by a Physical 
     Evaluation Board shall not be required; and
       ``(B) subsection (c)(4) shall not apply.''.

     SEC. 1703. PUBLIC AVAILABILITY OF INFORMATION RELATED TO 
                   DISPOSITION OF CLAIMS REGARDING DISCHARGE OR 
                   RELEASE OF MEMBERS OF THE ARMED FORCES WHEN THE 
                   CLAIMS INVOLVE SEXUAL ASSAULT.

       (a) Boards for the Correction of Military Records.--Section 
     1552(h) of title 10, United States Code, as added by section 
     533(a) of the National Defense Authorization Act for Fiscal 
     Year 2017 (Public Law 114-328), is amended by adding at the 
     end the following new paragraph:
       ``(4) The number and disposition of claims decided during 
     the calendar quarter preceding the calendar quarter in which 
     such information is made available in which sexual assault is 
     alleged to have contributed, whether in whole or in part, to 
     the original characterization of the discharge or release of 
     the claimant.''.
       (b) Discharge Review Boards.--Section 1553(f) of title 10, 
     United States Code, as added by section 533(b) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     amended by adding at the end the following new paragraph:
       ``(4) The number and disposition of claims decided during 
     the calendar quarter preceding the calendar quarter in which 
     such information is made available in which sexual assault is 
     alleged to have contributed, whether in whole or in part, to 
     the original characterization of the discharge or release of 
     the claimant.''.

     SEC. 1704. TRAINING REQUIREMENTS.

       (a) Members of Boards for the Correction of Military 
     Records.--Section 534(c)(1) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     10 U.S.C. 1552 note) is amended by adding at the end the 
     following new sentence: ``This curriculum shall also address 
     the proper handling of claims in which sexual assault is 
     alleged to have contributed to the original characterization 
     of the discharge or release of the claimant, including 
     guidelines for the consideration of evidence substantiating 
     such allegations in accordance with the requirements of 
     section 1554b(b)(3) of title 10, United States Code.''.
       (b) Department of Defense Personnel Who Investigate Claims 
     of Retaliation.--Section 546(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 is amended by striking 
     ``section.'' and inserting ``section, including guidelines 
     for the consideration of evidence substantiating such 
     allegations in accordance with the requirements of section 
     1554b(b)(3) of title 10, United States Code.''.

     SEC. 1705. OTHER IMPROVEMENTS TO AUTHORITIES AND PROCEDURES 
                   FOR THE CORRECTION OF MILITARY RECORDS.

       (a) Boards for the Correction of Military Records.--
       (1) Use of secretarial authority to correct military 
     records.--Section 1552(a)(1) of title 10, United States Code, 
     is amended by striking ``may'' both places it appears and 
     inserting ``shall''.
       (2) Indexing of published decisions.--Paragraph (5) of 
     section 1552(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(5) Each final decision of a board under this subsection 
     shall be made available to the public in electronic form on a 
     centralized Internet website. The information provided shall 
     include a summary of each decision, to be indexed by subject 
     matter, except that the Secretary shall protect the privacy 
     of claimants by redacting all personally identifiable 
     information.''.
       (b) Discharge Review Boards.--
       (1) Repeal of 15-year statute of limitations on motions or 
     requests for review.--Section 1553(a) of title 10, United 
     States Code, is amended by striking the second sentence.
       (2) Telephonic presentation of evidence.--Section 1553(c) 
     of title 10, United States Code, is amended in the second 
     sentence by striking ``or by affidavit'' and inserting ``, by 
     affidavit, or by telephone or video conference''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2018.

     SEC. 1706. BURDENS OF PROOF APPLICABLE TO INVESTIGATIONS AND 
                   REVIEWS RELATED TO PROTECTED COMMUNICATIONS OF 
                   MEMBERS OF THE ARMED FORCES AND PROHIBITED 
                   RETALIATORY ACTIONS.

       (a) In General.--Section 1034 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) For purposes of this section, there is sufficient 
     basis to conclude that a personnel action prohibited by 
     subsection (b) has occurred if the communication made by the 
     member or former member was a contributing factor in the 
     personnel action that was taken, or is to be taken, against 
     the member or former member unless there is clear and 
     convincing evidence that the same personnel action would have 
     been taken in the absence of the communication.
       ``(2) A member or former member may demonstrate that the 
     communication was a contributing factor in the personnel 
     action through circumstantial evidence, such as evidence 
     that--
       ``(A) the official taking the personnel action knew of the 
     communication; and
       ``(B) the personnel action occurred within a period of time 
     such that a reasonable person could conclude that the 
     communication was a contributing factor in the personnel 
     action.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 30 days after the date 
     of the enactment of this Act, and shall apply with respect to 
     allegations pending or submitted under section 1034 of title 
     10, United States Code, on or after that date.

     SEC. 1707. ADMINISTRATIVE SEPARATION PROTECTIONS FOR MEMBERS 
                   OF THE ARMED FORCES WHO ARE SURVIVORS OF SEXUAL 
                   ASSAULT.

       (a) Covered Member Defined.--In this section, the term 
     ``covered member'' means a member of the Armed Forces who is 
     diagnosed with a mental health condition related to a sexual 
     assault that occurred during the member's service in the 
     Armed Forces.
       (b) Limitations on Separation for a Mental Disorder Not 
     Constituting a Physical Disability.--
       (1) Review of diagnosis.--A covered member shall not be 
     separated on the basis of a personality disorder or other 
     mental disorder not constituting a physical disability, 
     unless the diagnosis of such disorder has been--
       (A) corroborated by a peer or higher-level mental health 
     professional; and
       (B) endorsed by the Surgeon General of the military 
     department concerned.
       (2) Co-morbid ptsd diagnosis.--Unless found fit for duty by 
     the disability evaluation system, a covered member shall not 
     be separated on the basis of a personality disorder or other 
     mental disorder not constituting a physical disability if 
     service-related post-traumatic stress disorder is also 
     diagnosed.
       (c) Effective Date.--This section shall take effect 180 
     days after the date of the enactment of this Act.

     SEC. 1708. DEPARTMENT OF DEFENSE WORKING GROUP ON 
                   ADMINISTRATIVE REVIEW BOARDS.

       (a) Establishment and Purpose.--The Secretary of Defense 
     shall establish a Department of Defense working group for the 
     purpose of identifying and making recommendations to the 
     Secretary on best practices and procedures to be used by 
     boards for the correction of military records and discharge 
     review boards in carrying out their responsibilities under 
     chapter 79 of title 10, United States Code, and in granting 
     relief to claimants under that chapter.

[[Page S4464]]

       (b) Consultation.--In carrying out the responsibilities of 
     the working group, members of the group shall consult, as 
     appropriate, with civilian practitioners of military law and 
     representatives of organizations that have experience in 
     cases before boards for the correction of military records 
     and discharge review boards.
       (c) Reports.--
       (1) Initial report.--Not later than 180 days after the date 
     of the establishment of the working group, the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report containing 
     the findings and recommendations of the working group.
       (2) Subsequent report.--
       (A) In general.--Not later than two years after the date of 
     the establishment of the working group, the Secretary shall 
     submit to the committees of Congress referred to in 
     subparagraph (B) a report containing an evaluation conducted 
     by the working group of all the recommendations of the 
     working group that have been or are being implemented by 
     boards for the correction of military records and discharge 
     review boards of the military departments, including the 
     results of the implementation of such recommendations.
       (B) Committees of congress.--The committees of Congress 
     referred to in this subparagraph are--
       (i) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (ii) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 456. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELIMINATION OF SEQUESTRATION.

       The Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 900 et seq.) is amended--
       (1) in section 251(a) (2 U.S.C. 901(a))--
       (A) in paragraph (1), by striking ``Within'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     within'';
       (B) in paragraph (4), in the matter preceding subparagraph 
     (A), by inserting ``beginning before October 1, 2017'' after 
     ``fiscal year'';
       (C) in paragraph (6), by striking ``If'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     if''; and
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for a fiscal year 
     beginning before October 1, 2017'' after ``any discretionary 
     appropriation''; and
       (ii) in subparagraph (B), in the first sentence, by 
     inserting ``for a fiscal year beginning before October 1, 
     2017'' after ``any discretionary appropriation''; and
       (2) in section 254 (2 U.S.C. 904)--
       (A) in subsection (a), in the matter preceding the table, 
     by inserting ``beginning before October 1, 2017'' after ``any 
     budget year'';
       (B) in subsection (c)(2), by striking ``2021'' and 
     inserting ``2017'';
       (C) in subsection (f)(2)(A), by striking ``2021'' and 
     inserting ``2017''; and
       (D) in subsection (g), by striking ``If'' and inserting 
     ``For each fiscal year beginning before October 1, 2017, 
     if''.
                                 ______
                                 
  SA 457. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle F of title V, add the 
     following:

     SEC. ___. CRIMINAL BACKGROUND CHECKS OF EMPLOYEES OF THE 
                   MILITARY CHILD CARE SYSTEM AND PROVIDERS OF 
                   CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES 
                   FOR MILITARY DEPENDENTS.

       (a) Employees of Military Child Care System.--Section 1792 
     of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Criminal Background Check.--The criminal background 
     check of child care employees under this section that is 
     required pursuant to section 231 of the Crime Control Act of 
     1990 (42 U.S.C. 13041) shall be conducted pursuant to 
     regulations prescribed by the Secretary of Defense in 
     accordance with the provisions of section 658H of the Child 
     Care and Development Block Grant Act of 1990 (42 U.S.C. 
     9858f).''.
       (b) Providers of Child Care Services and Youth Program 
     Services.--Section 1798 of such title is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Criminal Background Check.--A provider of child care 
     services or youth program services may not provide such 
     services under this section unless such provider complies 
     with the requirements for criminal background checks under 
     section 658H of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858f) for the State in which such 
     services are provided.''.
                                 ______
                                 
  SA 458. Mr. TILLIS submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 705 and insert the following:

     SEC. 705. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 
                   ARE ELIGIBLE FOR HOSPICE CARE SERVICES UNDER 
                   THE TRICARE PROGRAM.

       Section 1079(a)(15) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, except that hospice care may be provided to an 
     individual under the age of 21 concurrently with health care 
     services or hospitalization for the same condition.''.
                                 ______
                                 
  SA 459. Mr. BROWN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY 
                   TRANSFER FROM DEPARTMENT OF DEFENSE 
                   LABORATORIES.

       (a) In General.--The Secretary of Defense shall establish a 
     pilot program to assess the feasibility and advisability of 
     distributing royalties and other payments as described in 
     this section. Under the pilot program, except as provided in 
     subsections (b) and (d), any royalties or other payments 
     received by a Federal agency from the licensing and 
     assignment of inventions under agreements entered into by 
     Department of Defense laboratories, and from the licensing of 
     inventions of Department of Defense laboratories, shall be 
     retained by the laboratory which produced the invention and 
     shall be disposed of as follows:
       (1)(A) The laboratory director shall pay each year the 
     first $2,000, and thereafter at least 20 percent, of the 
     royalties or other payments, other than payments of patent 
     costs as delineated by a license or assignment agreement, to 
     the inventor or coinventors, if the inventor's or 
     coinventor's rights are directly assigned to the United 
     States.
       (B) A laboratory director may provide appropriate 
     incentives, from royalties or other payments, to laboratory 
     employees who are not an inventor of such inventions but who 
     substantially increased the technical value of the 
     inventions.
       (C) The laboratory shall retain the royalties and other 
     payments received from an invention until the laboratory 
     makes payments to employees of a laboratory under 
     subparagraph (A) or (B).
       (2) The balance of the royalties or other payments shall be 
     transferred by the agency to its laboratories, with the 
     majority share of the royalties or other payments from any 
     invention going to the laboratory where the invention 
     occurred. The royalties or other payments so transferred to 
     any laboratory may be used or obligated by that laboratory 
     during the fiscal year in which they are received or during 
     the 2 succeeding fiscal years--
       (A) to reward scientific, engineering, and technical 
     employees of the laboratory, including developers of 
     sensitive or classified technology, regardless of whether the 
     technology has commercial applications;
       (B) to further scientific exchange among the laboratories 
     of the agency;
       (C) for education and training of employees consistent with 
     the research and development missions and objectives of the 
     agency or laboratory, and for other activities that increase 
     the potential for transfer of the technology of the 
     laboratories of the agency;
       (D) for payment of expenses incidental to the 
     administration and licensing of intellectual property by the 
     agency or laboratory with respect to inventions made at that 
     laboratory, including the fees or other costs for the 
     services of other agencies, persons, or organizations for 
     intellectual property management and licensing services; or
       (E) for scientific research and development consistent with 
     the research and development missions and objectives of the 
     laboratory.
       (3) All royalties or other payments retained by the 
     laboratory after payments have been made pursuant to 
     paragraphs (1)

[[Page S4465]]

     and (2) that are unobligated and unexpended at the end of the 
     second fiscal year succeeding the fiscal year in which the 
     royalties and other payments were received shall be paid into 
     the Treasury of the United States.
       (b) Treatment of Payments to Employees.--
       (1) In general.--Any payment made to an employee under the 
     pilot program shall be in addition to the regular pay of the 
     employee and to any other awards made to the employee, and 
     shall not affect the entitlement of the employee to any 
     regular pay, annuity, or award to which the employee is 
     otherwise entitled or for which the employee is otherwise 
     eligible or limit the amount thereof. Any payment made to an 
     inventor as such shall continue after the inventor leaves the 
     laboratory.
       (2) Cumulative payments.--(A) Cumulative payments made 
     under the pilot program while the inventor is still employed 
     at the laboratory shall not exceed $500,000 per year to any 
     one person, unless the Secretary concerned (as defined in 
     section 101(a) of title 10, United States Code) approves a 
     larger award.
       (B) Cumulative payments made under the pilot program after 
     the inventor leaves the laboratory shall not exceed $150,000 
     per year to any one person, unless the head of the agency 
     approves a larger award (with the excess over $150,000 being 
     treated as an agency award to a former employee under section 
     4505 of title 5, United States Code).
       (c) Invention Management Services.--Under the pilot 
     program, a laboratory receiving royalties or other payments 
     as a result of invention management services performed for 
     another Federal agency or laboratory under section 207 of 
     title 35, United States Code, may retain such royalties or 
     payments to the extent required to offset payments to 
     inventors under subparagraph (A) of subsection (a)(1), costs 
     and expenses incurred under subparagraph (D) of subsection 
     (a)(2), and the cost of foreign patenting and maintenance for 
     any invention of the other agency. All royalties and other 
     payments remaining after offsetting the payments to 
     inventors, costs, and expenses described in the preceding 
     sentence shall be transferred to the agency for which the 
     services were performed, for distribution in accordance with 
     subsection (a)(2).
       (d) Certain Assignments.--Under the pilot program, if the 
     invention involved was one assigned to the laboratory--
       (1) by a contractor, grantee, or participant, or an 
     employee of a contractor, grantee, or participant, in an 
     agreement or other arrangement with the agency; or
       (2) by an employee of the agency who was not working in the 
     laboratory at the time the invention was made,

     the agency unit that was involved in such assignment shall be 
     considered to be a laboratory for purposes of this section.
       (e) Sunset.--The pilot program under this section shall 
     terminate 5 years after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 460. Mr. DONNELLY submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NORTH KOREA STRATEGY.

       (a) Report on Strategy Required.--Not later than 90 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress a report that sets forth a strategy 
     of the United States with respect to North Korea.
       (b) Elements.--The report required by subsection (a) shall 
     include the following elements:
       (1) A description and assessment of the primary threats to 
     United States national security interests from North Korea.
       (2) A description of support from foreign nations for North 
     Korea's nuclear and ballistic missile programs.
       (3) A description of the economic, political, and trade 
     relationships between China and North Korea and Russia and 
     North Korea, including trends in those relationships and 
     their impact on the Government of North Korea.
       (4) A description of the economic, political, and trade 
     relationships between other countries and North Korea, and an 
     identification of countries that may be undermining United 
     States objectives identified in paragraph (5).
       (5) The desired end state in North Korea and current United 
     States objectives relative to security threats emanating from 
     North Korea.
       (6) A detailed roadmap to reach the end state and 
     objectives identified in paragraph (5) through unilateral and 
     multilateral diplomatic and economic means, including 
     timelines for each element of the roadmap.
       (7) An identification of the resources and authorities 
     necessary to carry out the roadmap described in paragraph 
     (6).
       (8) A description of operational plans and associated 
     military requirements for the protection of United States 
     national security interests relative to threats from North 
     Korea.
       (9) An identification of any capability gaps and resource 
     gaps that would impact the execution of any associated 
     operational plan, and a mitigation plan to address such gaps.
       (10) An assessment of current and desired partner nation 
     contributions to countering threats from North Korea and a 
     plan to enhance diplomatic, economic, and military 
     cooperation with nations that have shared security interests.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Quarterly Updates Required.--The President shall 
     provide Congress with a quarterly written progress report on 
     the implementation of the strategy required pursuant to 
     subsection (a) in unclassified form.
                                 ______
                                 
  SA 461. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. COLLABORATION ON CYBERSECURITY OF INDUSTRIAL CONTROL 
                   SYSTEMS FOR CRITICAL INFRASTRUCTURE.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Energy shall collaborate with respect to matters relating 
     to the cybersecurity of industrial control systems for 
     critical infrastructure, including with respect to--
       (1) the work of the Department of Energy on the 
     cybersecurity of energy delivery systems; and
       (2) the work of the Department of Defense on platform 
     information technology.
       (b) Center of Excellence.--
       (1) In general.--There is established a center of 
     excellence on the cybersecurity of industrial control systems 
     for critical infrastructure.
       (2) Membership.--The center of excellence established under 
     paragraph (1) shall be composed of representatives of--
       (A) the Department of Defense;
       (B) the Department of Energy, including national 
     laboratories of the Department of Energy; and
       (C) the Department of Homeland Security.
                                 ______
                                 
  SA 462. Mr. MORAN (for himself and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. ARMY MILITARY VALUE ANALYSIS MODEL.

       (a) Findings.--Congress makes the following
       (1) The Military Value Analysis model of the Army has been 
     a key determinant for the force structure and strategic 
     basing decisions of the Army in recent years.
       (2) The Committees on Armed Services of the Senate and the 
     House of Representatives have determined that a lack of 
     transparency regarding process, metrics, and scoring on the 
     matters covered by the Military Value Analysis model has made 
     proper oversight of the Army by Congress far more difficult.
       (b) Limitation on Army Basing Decisions Pending Report on 
     Model.--The Secretary of the Army may not make any basing 
     decision with respect to the Army during the period beginning 
     on the date of the enactment of this Act and ending on the 
     date that is 60 days after the date on which the Secretary 
     submits the report required by subsection (c).
       (c) Report on Updated Model.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     setting forth an update of the Military Value Analysis model 
     of the Army.
       (2) Review.--The Secretary shall update the Military Value 
     Analysis model for purposes of the report required by 
     paragraph (1) following a review undertaken by the Secretary 
     for purposes of the update. The review and update shall 
     address and appropriately incorporate the following:
       (A) Qualitative and quantitative criteria and sub-criteria 
     to be used for force structure and strategic basing 
     decisions, including quantitative and qualitative measures on 
     the average daily use of, and accessibility to, maneuver 
     training acreage.
       (B) Deployment criteria using a measure of the time 
     required to deploy a unit of action from its home 
     installation to its deployment site, including the 
     transportation of unit personnel by military aircraft, and 
     transportation of the commonly defined set of unit equipment 
     to its designated out-port for deployment.
       (d) Scoring Data for Force Structure and Major Basing 
     Decisions.--After making

[[Page S4466]]

     a force structure or major basing decision for the Army, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report setting forth the scoring data 
     developed pursuant to the Military Value Analysis model of 
     the Army with respect to each military installation 
     considered for purposes of the decision.
                                 ______
                                 
  SA 463. Mr. FLAKE (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

         Subtitle H--Anti-Border Corruption Reauthorization Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Anti-Border Corruption 
     Reauthorization Act of 2017''.

     SEC. 1092. HIRING FLEXIBILITY.

       Section 3 of the Anti-Border Corruption Act of 2010 (Public 
     Law 111-376; 6 U.S.C. 221) is amended by striking subsection 
     (b) and inserting the following new subsections:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1) in the following circumstances:
       ``(1) In the case of a current, full-time law enforcement 
     officer employed by a State or local law enforcement agency, 
     if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) has, within the past ten years, successfully 
     completed a polygraph examination as a condition of 
     employment with such officer's current law enforcement 
     agency.
       ``(2) In the case of a current, full-time Federal law 
     enforcement officer, if such officer--
       ``(A) has served as a law enforcement officer for not fewer 
     than three years with no break in service;
       ``(B) has authority to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation.
       ``(3) In the case of an individual who is a member of the 
     Armed Forces (or a reserve component thereof) or a veteran, 
     if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret / Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is four years after the date of the enactment of 
     the Anti-Border Corruption Reauthorization Act of 2017.''.

     SEC. 1093. SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
                   DEFINITIONS.

       (a) Supplemental Commissioner Authority.--Section 4 of the 
     Anti-Border Corruption Act of 2010 (Public Law 111-376) is 
     amended to read as follows:

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Non-exemption.--An individual who receives a waiver 
     under subsection (b) of section 3 is not exempt from other 
     hiring requirements relating to suitability for employment 
     and eligibility to hold a national security designated 
     position, as determined by the Commissioner of U.S. Customs 
     and Border Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under subsection (b) of section 3 who holds 
     a current Tier 4 background investigation shall be subject to 
     a Tier 5 background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under subsection (b) of section 3 if information is 
     discovered prior to the completion of a background 
     investigation that results in a determination that a 
     polygraph examination is necessary to make a final 
     determination regarding suitability for employment or 
     continued employment, as the case may be.''.
       (b) Report.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new section:

     ``SEC. 5. REPORTING REQUIREMENTS.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of the Anti-Border Corruption 
     Reauthorization Act of 2017, and annually thereafter while 
     the waiver authority under section 3(b) is in effect, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a report to Congress that includes, with respect to 
     the reporting period--
       ``(1) the number of waivers requested, granted, and denied 
     under section 3(b);
       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection; and
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (c) Definitions.--The Anti-Border Corruption Act of 2010, 
     as amended by subsection (b) of this section, is further 
     amended by adding at the end the following new section:

     ``SEC. 6. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' means a `law enforcement officer', 
     as defined in section 8331(20) or 8401(17) of title 5, United 
     States Code.
       ``(2) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States Code.
       ``(3) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and
       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Courts-Martial, as pursuant to Army Regulation 635-200 
     chapter 14-12.
       ``(4) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
     respect to background investigations have the meaning given 
     such terms under the 2012 Federal Investigative Standards.''.
                                 ______
                                 
  SA 464. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ANNUAL REPORTS ON ALLIED CONTRIBUTIONS TO THE 
                   COMMON DEFENSE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President should seek from each ally or partner country 
     of the United States acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense commensurate with the economic resources and 
     security environment of such country.
       (b) Reports.--
       (1) In general.--Not later than March 1, 2018, and annually 
     thereafter, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report containing a 
     description of--
       (A) the annual defense spending by each ally or partner 
     country of the United States, including available data on 
     nominal budget figures and defense spending as a percentage 
     of such country's gross domestic product for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant;

[[Page S4467]]

       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) The term ``ally'' includes the following:
       (A) Any signatory of a mutual defense treaty with the 
     United States.
       (B) Any country designated as a ``major non-NATO ally'' 
     under section 2350a of title 10, United States Code, or 
     pursuant to section 517 of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2321k).
       (C) Any other ally or partner with a security memorandum of 
     understanding or other security arrangement with the United 
     States.
                                 ______
                                 
  SA 465. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY HUMANITARIAN OPERATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Military Humanitarian Operations Act of 2017''.
       (b) Military Humanitarian Operation Defined.--In this 
     section, the term ``military humanitarian operation''--
       (1) means a military operation--
       (A) involving the deployment of members or weapons systems 
     of the United States Armed Forces where hostile activities 
     are reasonably anticipated; and
       (B) with the aim of--
       (i) preventing or responding to a humanitarian catastrophe, 
     including its regional consequences; or
       (ii) addressing a threat posed to international peace and 
     security;
       (2) includes--
       (A) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'', as referenced in United 
     Nations Security Council Resolution 1674 (2006);
       (B) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (C) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes; and
       (3) does not mean a military operation undertaken--
       (A) to respond to or repel attacks, or prevent imminent 
     attacks, on the United States or any of its territorial 
     possessions, embassies, or consulates, or members of the 
     United States Armed Forces;
       (B) as a direct act of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces;
       (C) to invoke the inherent right to individual or 
     collective self-defense in accordance with Article 51 of the 
     Charter of the United Nations;
       (D) as a military mission to protect or rescue United 
     States citizens or military or diplomatic personnel abroad;
       (E) to carry out treaty commitments to directly aid allies 
     in distress;
       (F) as a humanitarian mission, not to exceed 30 days, in 
     response to natural disasters where no civil unrest or combat 
     with hostile forces is reasonably anticipated;
       (G) to maintain maritime freedom of navigation, including 
     actions aimed at combating piracy; or
       (H) as a training exercise conducted by the United States 
     Armed Forces abroad where no combat with hostile forces is 
     reasonably anticipated.
       (c) Congressional Authorization Requirement.--The President 
     may not deploy members of the United States Armed Forces into 
     the territory, airspace, or waters of a foreign country for a 
     military humanitarian operation not previously authorized by 
     statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress specifically authorizes such use of forces.
       (d) Severability.--If any provision of this section is held 
     to be unconstitutional, the remainder of the section shall 
     not be affected.
                                 ______
                                 
  SA 466. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1083.
                                 ______
                                 
  SA 467. Mr. LEE (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
Whitehouse, and Mr. Cruz) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, to authorize appropriations for 
fiscal year 2018 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS 
                   AND LAWFUL PERMANENT RESIDENTS.

       (a) In General.--Section 4001 of title 18, United States 
     Code, is amended by striking subsection (a) and inserting the 
     following:
       ``(a) No citizen or lawful permanent resident of the United 
     States shall be imprisoned or otherwise detained by the 
     United States except consistent with the Constitution and 
     pursuant to an Act of Congress that expressly authorizes such 
     imprisonment or detention.''.
       (b) Relationship to an Authorization to Use Military Force, 
     Declaration of War, or Similar Authority.--Section 4001 of 
     title 18, United States Code, as amended by subsection (a) is 
     further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) 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 citizen or lawful 
     permanent resident of the United States apprehended in the 
     United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2018.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of a citizen of the United States, 
     a lawful permanent resident of the United States, or any 
     other person who is apprehended in the United States.''.
                                 ______
                                 
  SA 468. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. SENSE OF SENATE ON THE DISAPPEARANCE OF DAVID 
                   SNEDDON.

       (a) Findings.--The Senate makes the following findings:
       (1) David Louis Sneddon is a United States citizen who 
     disappeared while touring the Yunnan Province in the People's 
     Republic of China as a university student on August 14, 2004, 
     at the age of 24.
       (2) David had last reported to family members prior to his 
     disappearance that he intended to hike the Tiger Leaping 
     Gorge in the Yunnan Province before returning to the United 
     States and had placed a down payment on student housing for 
     the upcoming academic year, planned business meetings, and 
     scheduled law school entrance examinations in the United 
     States for the fall.
       (3) People's Republic of China officials have reported to 
     the Department of State and the family of David that he most 
     likely died by falling into the Jinsha River while hiking the 
     Tiger Leaping Gorge, although no physical evidence or 
     eyewitness testimony exists to support this conclusion.
       (4) There is evidence indicating that David did not fall 
     into the river when he traveled through the gorge, including 
     eyewitness testimonies from people who saw David alive and 
     spoke to him in person after his hike, as recorded by members 
     of David's family and by embassy officials from the 
     Department of State in the months after his disappearance.
       (5) Family members searching for David shortly after he 
     went missing obtained eyewitness accounts that David stayed 
     overnight in several guesthouses during and after his safe 
     hike through the gorge, and these guesthouse locations 
     suggest that David disappeared after passing through the 
     gorge, but the guest registers recording the names and 
     passport numbers of foreign overnight guests could not be 
     accessed.
       (6) Chinese officials have reported that evidence does not 
     exist that David was a victim of violent crime, or a resident 
     in a local hospital, prison, or mental institution at the 
     time of his disappearance, and no attempt has been made to 
     use David's passport since

[[Page S4468]]

     the time of his disappearance, nor has any money been 
     withdrawn from his bank account since that time.
       (7) David Sneddon is the only United States citizen to 
     disappear without explanation in the People's Republic of 
     China since the normalization of relations between the United 
     States and China during the administration of President 
     Richard Nixon.
       (8) Investigative reporters and nongovernmental 
     organizations with expertise in the Asia-Pacific region, and 
     in some cases particular expertise in the Asian Underground 
     Railroad and North Korea's documented program to kidnap 
     citizens of foreign nations for espionage purposes, have 
     repeatedly raised the possibility that the Government of the 
     Democratic People's Republic of Korea (DPRK) was involved in 
     David's disappearance.
       (9) Investigative reporters and nongovernmental 
     organizations who have reviewed David's case believe it is 
     possible that the Government of North Korea was involved in 
     David's disappearance because--
       (A) the Yunnan Province is regarded by regional experts as 
     an area frequently trafficked by North Korean refugees and 
     their support networks, and the Government of the People's 
     Republic of China allows North Korean agents to operate 
     throughout the region to repatriate refugees, such as 
     prominent North Korean defector Kang Byong-sop and members of 
     his family who were captured near the China-Laos border just 
     weeks prior to David's disappearance;
       (B) in 2002, North Korean officials acknowledged that the 
     Government of North Korea has carried out a policy since the 
     1970s of abducting foreign citizens and holding them captive 
     in North Korea for the purpose of training its intelligence 
     and military personnel in critical language and culture 
     skills to infiltrate foreign nations;
       (C) Charles Robert Jenkins, a United States soldier who 
     deserted his unit in South Korea in 1965 and was held captive 
     in North Korea for nearly 40 years, left North Korea in July 
     2004 (one month before David disappeared in China) and 
     Jenkins reported that he was forced to teach English to North 
     Korean intelligence and military personnel while in 
     captivity;
       (D) David Sneddon is fluent in the Korean language and was 
     learning Mandarin, skills that could have been appealing to 
     the Government of North Korea after Charles Jenkins left the 
     country;
       (E) tensions between the United States and North Korea were 
     heightened during the summer of 2004 due to recent approval 
     of the North Korean Human Rights Act of 2004 (Public Law 108-
     333) that increased United States aid to refugees fleeing 
     North Korea, prompting the Government of North Korea to issue 
     a press release warning the United States to ``drop its 
     hostile policy'';
       (F) David Sneddon's disappearance fits a known pattern 
     often seen in the abduction of foreigners by the Government 
     of North Korea, including the fact that David disappeared the 
     day before North Korea's Liberation Day patriotic national 
     holiday, and the Government of North Korea has a demonstrated 
     history of provocations near dates it deems historically 
     significant;
       (G) a well-reputed Japanese non-profit specializing in 
     North Korean abductions shared with the United States its 
     expert analysis in 2012 about information it stated was 
     received ``from a reliable source'' that a United States 
     university student largely matching David Sneddon's 
     description was taken from China by North Korean agents in 
     August 2004; and
       (H) commentary published in the Wall Street Journal in 2013 
     cited experts looking at the Sneddon case who concluded that 
     ``it is most probable that a U.S. national has been abducted 
     to North Korea,'' and ``there is a strong possibility that 
     North Korea kidnapped the American''.
       (b) Sense of Senate.--The Senate--
       (1) expresses its ongoing concern about the disappearance 
     of David Louis Sneddon in Yunnan Province, People's Republic 
     of China, in August, 2004;
       (2) directs the Department of State and the intelligence 
     community to jointly continue investigations and to consider 
     all plausible explanations for David's disappearance, 
     including the possibility of abduction by the Government of 
     the Democratic People's Republic of Korea;
       (3) urges the Department of State and the intelligence 
     community to coordinate investigations with the Governments 
     of the People's Republic of China, Japan, and South Korea and 
     solicit information from appropriate regional affairs and law 
     enforcement experts on plausible explanations for David's 
     disappearance;
       (4) encourages the Department of State and the intelligence 
     community to work with foreign governments known to have 
     diplomatic influence with the Government of the Democratic 
     People's Republic of Korea to better investigate the 
     possibility of the involvement of the Government of the 
     Democratic People's Republic of Korea in David Sneddon's 
     disappearance and to possibly seek his recovery; and
       (5) requests that the Department of State and the 
     intelligence community continue to work with and inform 
     Congress and the family of David Sneddon on efforts to 
     possibly recover David and to resolve his disappearance.
                                 ______
                                 
  SA 469. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. GREATER SAGE-GROUSE PROTECTION AND RECOVERY.

       (a) Purposes.--The purposes of this section are--
       (1) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (2) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (b) Definitions.--In this section:
       (1) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (A) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (B) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (2) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (3) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (c) Protection and Recovery of Greater Sage-grouse.--
       (1) Endangered species act of 1973 findings.--
       (A) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the period beginning on the date of enactment of this 
     Act and ending on September 30, 2027.
       (B) Effect on other laws.--The delay required under 
     subparagraph (A) is and shall remain effective without regard 
     to any other statute, regulation, court order, legal 
     settlement, or any other provision of law or in equity.
       (C) Effect on conservation status.--The conservation status 
     of the greater sage-grouse shall be considered not to warrant 
     listing of the greater sage-grouse as an endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) during the period beginning on 
     the date of enactment of this Act and ending on September 30, 
     2027.
       (2) Coordination of federal land management and state 
     conservation and management plans.--
       (A) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (B) Retroactive effect.--In the case of any State that 
     provides notification under subparagraph (A), if any 
     withdrawal was made, modified, or extended or any amendment 
     or modification of a Federal resource management plan 
     applicable to Federal land in the State was issued after June 
     1, 2014, and the withdrawal, amendment, or modification 
     altered the management of the greater sage-grouse or the 
     habitat of the greater sage-grouse--
       (i) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (ii) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.
       (C) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (3) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C.

[[Page S4469]]

     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (4) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through 2027, the Secretary of the Interior and the Secretary 
     of Agriculture shall jointly submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (5) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this subsection, including 
     any determination made under paragraph (2)(C), shall not be 
     subject to judicial review.
                                 ______
                                 
  SA 470. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle F of title V, add the 
     following:

     SEC. ___. MECHANISMS TO FACILITATE THE OBTAINING BY MILITARY 
                   SPOUSES OF OCCUPATIONAL LICENSES OR CREDENTIALS 
                   IN OTHER STATES.

       Not later than March 1, 2018, the Secretary of Defense 
     shall--
       (1) develop and maintain a joint Federal-State clearing 
     house to process the occupational license and credential 
     information of military spouses in order--
       (A) to facilitate the matching of such information with 
     State occupational licensure and credentialing requirements; 
     and
       (B) to provide military spouses information on the actions 
     required to obtain occupational licenses or credentials in 
     other States;
       (2) develop and maintain an Internet website that serves as 
     a one-stop resource on occupational licenses and credentials 
     for military spouses that sets forth license and credential 
     requirements for common occupations in the States and 
     provides assistance and other resources for military spouses 
     seeking to obtain occupational licenses or credentials in 
     other States; and
       (3) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth an assessment of the feasibility and advisability of 
     the establishment of a joint Federal-State task force 
     dedicated to the elimination of unnecessary or duplicative 
     occupational licensure and credentialing requirements among 
     the States, including through the use of alternative, less 
     restrictive and burdensome forms of occupational regulation.
                                 ______
                                 
  SA 471. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS.

       (a) In General.--Section 402 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 653) is amended--
       (1) by striking ``The Director'' and inserting the 
     following:
       ``(a) In General.--The Director''; and
       (2) by adding at the end the following:
       ``(b) Publication of Models and Data.--The Director of the 
     Congressional Budget Office shall make available to Members 
     of Congress and make publicly available on the website of the 
     Congressional Budget Office--
       ``(1) each fiscal model, policy model, and data preparation 
     routine used by the Congressional Budget Office in estimating 
     the costs and other fiscal, social, or economic effects of 
     legislation, including estimates prepared under subsection 
     (a);
       ``(2) any update of a model or routine described in 
     paragraph (1);
       ``(3) subject to paragraph (4), for each estimate of the 
     costs and other fiscal effects of legislation, including 
     estimates prepared under subsection (a), the data, programs, 
     models, assumptions, and other details of the computations 
     used by the Congressional Budget Office in preparing the 
     estimate, in a manner sufficient to permit replication by 
     individuals not employed by the Congressional Budget Office; 
     and
       ``(4) for any data that is required not to be disclosed by 
     the Congressional Budget Office--
       ``(A) a complete list of all data variables for such data;
       ``(B) descriptive statistics for all data variables for 
     such data (including averages, standard deviations, number of 
     observations, and correlations to other variables), to the 
     extent that the descriptive statistics do not violate the 
     rule against disclosure;
       ``(C) a reference to the statute requiring that the data 
     not be disclosed; and
       ``(D) information regarding how to contact the individual 
     or entity who has unrestricted access to the data.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply on and after the date that is 6 months after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 472. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 12, between lines 10 and 11, insert the following:

     SEC. 112. MEMBERSHIP IN HEALTH CARE SHARING MINISTRY.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Membership in health care sharing ministry.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under a high deductible health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 113. TREATMENT OF DIRECT PRIMARY CARE SERVICES.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Treatment of direct primary care services.--For 
     purposes of this section--
       ``(i) In general.--Coverage under a direct primary care 
     service arrangement shall be treated as coverage under a high 
     deductible health plan.
       ``(ii) Direct primary care service arrangement.--The term 
     `direct primary care service arrangement' means an 
     arrangement under which an individual is provided coverage 
     restricted to primary care services in exchange for a fixed 
     periodic fee or payment for primary care services.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 114. SHORT-TERM LIMITED DURATION INSURANCE.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by the preceding 
     sections of this Act, is amended by adding at the end the 
     following new subparagraph:
       ``(G) Short-term limited duration insurance.--For purposes 
     of this section--
       ``(i) In general.--Short-term limited duration insurance 
     shall be treated as a high deductible health plan.
       ``(ii) Short-term limited duration insurance.--The term 
     `short-term limited duration insurance' means health 
     insurance coverage provided pursuant to a contract with an 
     issuer which has an expiration date specified in the contract 
     which (without regard to any extensions which may be elected 
     by the policyholder without the consent of the issuer or any 
     guaranteed renewal of the contract offered by the issuer) is 
     less than 12 months after the original effective date of the 
     contract.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 115. INCREASE IN MAXIMUM CONTRIBUTION LIMITATION.

       (a) In General.--Paragraph (2) of section 223(b) of the 
     Internal Revenue Code of 1986 is amended by striking ``\1/12\ 
     of--'' and all that follows and inserting ``\1/12\ of $10,800 
     ($29,500 in the case of a joint return).''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 223 of the Internal Revenue 
     Code of 1986 is amended by striking paragraphs (3) and (5) 
     and by redesignating paragraphs (4), (6), (7), and (8) as 
     paragraphs (3), (4), (5), and (6), respectively.
       (2) Paragraph (3) of section 223(b) of such Code (as so 
     redesignated) is amended by striking the last sentence.
       (3) Section 223(g) of such Code is amended--
       (A) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (B) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (C) by redesignating paragraph (2) as paragraph (3),
       (D) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (E) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.

[[Page S4470]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 116. PURCHASE OF INSURANCE FROM HEALTH SAVINGS ACCOUNT.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986, as amended by section 110(a), 
     is amended--
       (1) by striking ``and any dependent (as defined in section 
     152, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof) of such individual'' in subparagraph 
     (A) and inserting ``any dependent (as defined in section 152, 
     determined without regard to subsections (b)(1), (b)(2), and 
     (d)(1)(B) thereof) of such individual, and any child (as 
     defined in section 152(f)(1)) of such individual who has not 
     attained the age of 27 before the end of such individual's 
     taxable year'',
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Health insurance may not be purchased from account.--
     Except as provided in subparagraph (C), subparagraph (A) 
     shall not apply to any payment for insurance.'', and
       (3) by striking ``or'' at the end of subparagraph (C)(iii), 
     by striking the period at the end of subparagraph (C)(iv) and 
     inserting ``, or'', and by adding at the end the following:
       ``(v) a high deductible health plan but only to the extent 
     of the portion of such expense in excess of--

       ``(I) any amount allowable as a credit under section 36B 
     for the taxable year with respect to such coverage,
       ``(II) any amount allowable as a deduction under section 
     162(l) with respect to such coverage, or
       ``(III) any amount excludable from gross income with 
     respect to such coverage under section 106 (including by 
     reason of section 125) or 402(l).''.

       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts paid for expenses 
     incurred for, and distributions made for, coverage under a 
     high deductible health plan beginning after December 31, 
     2017.

     SEC. 117. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED 
                   BEFORE ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(d)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Treatment of certain medical expenses incurred before 
     establishment of account.--If a health savings account is 
     established during the 60-day period beginning on the date 
     that coverage of the account beneficiary under a high 
     deductible health plan begins, then, solely for purposes of 
     determining whether an amount paid is used for a qualified 
     medical expense, such account shall be treated as having been 
     established on the date that such coverage begins.''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 118. EXCLUSION FROM HSAS OF HIGH DEDUCTIBLE HEALTH PLANS 
                   INCLUDING COVERAGE FOR ABORTION.

       (a) In General.--Subparagraph (C) of section 223(d)(2) of 
     the Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following flush sentence:
     ``A high deductible health plan shall not be treated as 
     described in clause (v) if such plan includes coverage for 
     abortions (other than any abortion necessary to save the life 
     of the mother or any abortion with respect to a pregnancy 
     that is the result of an act of rape or incest).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.
                                 ______
                                 
  SA 473. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEALS.

       (a) In General.--The following provisions are hereby 
     repealed:
       (1) Subsection (d) of section 1302 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18022); and, 
     except for the purposes of applying section 1302(b) to 
     sections 1252, 1301(a)(2), 1312(d)(3)(D), 1331, 1333, and 
     1334 of such Act, subsection (b) of such section 1302.
       (2) Section 1312(c) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18032(c)).
       (3) Section 2701(a)(1) of the Public Health Service Act (42 
     U.S.C. 300gg(a)(1)).
       (4) Subsections (a), (b)(2), (c), and (d) of section 2702 
     of the Public Health Service Act (42 U.S.C. 300gg-1).
       (5) Section 2704 of the Public Health Service Act (42 
     U.S.C. 300gg-3), except for subsection (e)(3) of such 
     section.
       (6) Subsections (a) through (j) of section 2705 of the 
     Public Health Service Act (42 U.S.C. 300gg-4).
       (7) Section 2707 of the Public Health Service Act (42 
     U.S.C. 300gg-6).
       (8) Subsections (a)(1) and (b) of section 2711 of the 
     Public Health Service Act (42 U.S.C. 300gg-11).
       (9) Section 2713(a) of the Public Health Service Act (42 
     U.S.C. 300gg-13(a)).
       (10) Subsections (a), (b)(2), (d), and (e) of section 2718 
     of the Public Health Service Act (42 U.S.C. Sec. Sec.  300gg-
     18).
       (11) Section 2794(b)(2) of the Public Health Service Act 
     (42 U.S.C. 300gg-94(b)(2)), except for the purposes of 
     applying 2794(b)(2) to subsection 2794(a)(2) and subsection 
     1312(f)(2)(B) (42 U.S.C. Sec.  18032(f)(2)(B)).
       (12) Section 1343 of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 18063).
       (b) Guidelines.--The guidelines promulgated pursuant to 
     section 1302(d)(3) of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 18022(d)(3)) that are in effect on the 
     date of enactment of this Act shall have no force or effect.
                                 ______
                                 
  SA 474. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       Strike section 1 and all that follows and insert the 
     following:

     SECTION 1. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE 
                   CARE ACT AND THE HEALTH CARE AND EDUCATION 
                   RECONCILIATION ACT OF 2010.

       (a) Patient Protection and Affordable Care Act.--Effective 
     on January 1, 2018, the Patient Protection and Affordable 
     Care Act (Public Law 111-148) is repealed and the provisions 
     of law amended or repealed by such Act are restored or 
     revived as if such Act had not been enacted.
       (b) Health Care and Education Reconciliation Act of 2010.--
     Effective on January 1, 2018, the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) is repealed 
     and the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
                                 ______
                                 
  SA 475. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       On page 12, between lines 10 and 11, insert the following:

     SEC. 112. MEMBERSHIP IN HEALTH CARE SHARING MINISTRY.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(E) Membership in health care sharing ministry.--For 
     purposes of this section, membership in a health care sharing 
     ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be 
     treated as coverage under a high deductible health plan.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 113. TREATMENT OF DIRECT PRIMARY CARE SERVICES.

       (a) In General.--Paragraph (2) of section 223(c) of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Treatment of direct primary care services.--For 
     purposes of this section--
       ``(i) In general.--Coverage under a direct primary care 
     service arrangement shall be treated as coverage under a high 
     deductible health plan.
       ``(ii) Direct primary care service arrangement.--The term 
     `direct primary care service arrangement' means an 
     arrangement under which an individual is provided coverage 
     restricted to primary care services in exchange for a fixed 
     periodic fee or payment for primary care services.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 114. INCREASE IN MAXIMUM CONTRIBUTION LIMITATION.

       (a) In General.--Paragraph (2) of section 223(b) of the 
     Internal Revenue Code of 1986 is amended by striking ``\1/12\ 
     of--'' and all that follows and inserting ``\1/12\ of $10,800 
     ($29,500 in the case of a joint return).''.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 223 of the Internal Revenue 
     Code of 1986 is amended by striking paragraphs (3) and (5) 
     and by redesignating paragraphs (4), (6), (7), and (8) as 
     paragraphs (3), (4), (5), and (6), respectively.
       (2) Paragraph (3) of section 223(b) of such Code (as so 
     redesignated) is amended by striking the last sentence.
       (3) Section 223(g) of such Code is amended--
       (A) in paragraph (1), by striking ``subsections (b)(2) 
     and'' both places it appears and inserting ``subsection'',
       (B) in paragraph (1)(B), by striking ``determined by'' and 
     all that follows through `` `calendar year 2003'.'' and 
     inserting ``determined by substituting `calendar year 2003' 
     for `calendar year 1992' in subparagraph (B) thereof.'',
       (C) by redesignating paragraph (2) as paragraph (3),

[[Page S4471]]

       (D) by inserting ``or (2)'' after ``paragraph (1)'' in 
     paragraph (3), as so redesignated, and
       (E) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Contribution limits.--In the case of any taxable year 
     beginning after December 31, 2018, each dollar amount in 
     subsection (b)(2) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins, determined by substituting `2017' for `1992' in 
     subparagraph (B) thereof.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 115. PURCHASE OF INSURANCE FROM HEALTH SAVINGS ACCOUNT.

       (a) In General.--Paragraph (2) of section 223(d) of the 
     Internal Revenue Code of 1986, as amended by section 110(a), 
     is amended--
       (1) by striking ``and any dependent (as defined in section 
     152, determined without regard to subsections (b)(1), (b)(2), 
     and (d)(1)(B) thereof) of such individual'' in subparagraph 
     (A) and inserting ``any dependent (as defined in section 152, 
     determined without regard to subsections (b)(1), (b)(2), and 
     (d)(1)(B) thereof) of such individual, and any child (as 
     defined in section 152(f)(1)) of such individual who has not 
     attained the age of 27 before the end of such individual's 
     taxable year'',
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Health insurance may not be purchased from account.--
     Except as provided in subparagraph (C), subparagraph (A) 
     shall not apply to any payment for insurance.'', and
       (3) by striking ``or'' at the end of subparagraph (C)(iii), 
     by striking the period at the end of subparagraph (C)(iv) and 
     inserting ``, or'', and by adding at the end the following:
       ``(v) a high deductible health plan but only to the extent 
     of the portion of such expense in excess of--

       ``(I) any amount allowable as a credit under section 36B 
     for the taxable year with respect to such coverage,
       ``(II) any amount allowable as a deduction under section 
     162(l) with respect to such coverage, or
       ``(III) any amount excludable from gross income with 
     respect to such coverage under section 106 (including by 
     reason of section 125) or 402(l).''.

       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts paid for expenses 
     incurred for, and distributions made for, coverage under a 
     high deductible health plan beginning after December 31, 
     2017.

     SEC. 116. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED 
                   BEFORE ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

       (a) In General.--Section 223(d)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Treatment of certain medical expenses incurred before 
     establishment of account.--If a health savings account is 
     established during the 60-day period beginning on the date 
     that coverage of the account beneficiary under a high 
     deductible health plan begins, then, solely for purposes of 
     determining whether an amount paid is used for a qualified 
     medical expense, such account shall be treated as having been 
     established on the date that such coverage begins.''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.

     SEC. 117. EXCLUSION FROM HSAS OF HIGH DEDUCTIBLE HEALTH PLANS 
                   INCLUDING COVERAGE FOR ABORTION.

       (a) In General.--Subparagraph (C) of section 223(d)(2) of 
     the Internal Revenue Code of 1986, as amended by this Act, is 
     amended by adding at the end the following flush sentence:
     ``A high deductible health plan shall not be treated as 
     described in clause (v) if such plan includes coverage for 
     abortions (other than any abortion necessary to save the life 
     of the mother or any abortion with respect to a pregnancy 
     that is the result of an act of rape or incest).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to coverage under a high deductible 
     health plan beginning after December 31, 2017.
                                 ______
                                 
  SA 476. Mr. SULLIVAN (for himself, Mr. Hoeven, Ms. Murkowski, and Mr. 
Rounds) submitted an amendment intended to be proposed to amendment SA 
267 proposed by Mr. McConnell to the bill H.R. 1628, to provide for 
reconciliation pursuant to title II of the concurrent resolution on the 
budget for fiscal year 2017; which was ordered to lie on the table; as 
follows:

       On page 18, strike lines 7 through 26 and insert the 
     following:

     SEC. 204. FUNDING FOR COST-SHARING PAYMENTS.

       There is appropriated to the Secretary of Health and Human 
     Services, out of any money in the Treasury not otherwise 
     appropriated, such sums as may be necessary for payments for 
     cost-sharing reductions authorized by the Patient Protection 
     and Affordable Care Act (including adjustments to any prior 
     obligations for such payments) for the period beginning on 
     the date of enactment of this Act and (except for payments 
     authorized by section 1402 of such Act, as amended by section 
     209) ending on December 31, 2019. Notwithstanding any other 
     provision of this Act, payments and other actions for 
     adjustments to any obligations incurred for plan years 2018 
     and 2019 may be made through December 31, 2020.

     SEC. 205. REPEAL OF COST-SHARING SUBSIDY PROGRAM.

       (a) In General.--The Patient Protection and Affordable Care 
     Act is amended by striking section 1402.
       (b) Preservation of Cost-sharing for Indians.--The Patient 
     Protection and Affordable Care Act, as amended by subsection 
     (a), is amended by inserting after section 1401 the 
     following:

     ``SEC. 1402. REDUCED COST-SHARING FOR CERTAIN INDIVIDUALS.

       ``(a) In General.--In the case of an eligible insured 
     enrolled in a qualified health plan in the individual market 
     through an Exchange--
       ``(1) the Secretary shall notify the issuer of the plan of 
     such eligibility; and
       ``(2) the issuer shall reduce the cost-sharing under the 
     plan at the level and in the manner specified in subsection 
     (c).
       ``(b) Eligible Insured.--For purposes of this section, the 
     term `eligible insured' means an Indian (as defined in 
     section 4(d) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(d))) whose household income is 
     not more than 300 percent of the poverty line for a family of 
     the size involved.
       ``(c) Reduction of Cost-sharing.--
       ``(1) In general.--The issuer of the plan described in 
     subsection (a) in which an eligible insured is enrolled shall 
     eliminate any cost-sharing under the plan.
       ``(2) Items or services furnished through indian health 
     providers.--If an Indian (as so defined) enrolled in a 
     qualified health plan is furnished an item or service 
     directly by the Indian Health Service, an Indian Tribe, 
     Tribal Organization, or Urban Indian Organization or through 
     referral under contract health services--
       ``(A) no cost-sharing under the plan shall be imposed under 
     the plan for such item or service; and
       ``(B) the issuer of the plan shall not reduce the payment 
     to any such entity for such item or service by the amount of 
     any cost-sharing that would be due from the Indian but for 
     subparagraph (A).
       ``(d) Payment.--The Secretary shall pay to the issuer of a 
     qualified health plan the amount necessary to reflect the 
     increase in actuarial value of the plan required by reason of 
     this section.
       ``(e) Definitions and Special Rules.--In this section:
       ``(1) In general.--Any term used in this section which is 
     also used in section 36B of the Internal Revenue Code of 1986 
     shall have the meaning given such term by such section.
       ``(2) Limitations on reduction.--No cost-sharing reduction 
     shall be allowed under this section with respect to coverage 
     for any month unless the month is a coverage month with 
     respect to which a credit is allowed to the insured (or an 
     applicable taxpayer on behalf of the insured) under section 
     36B of such Code.
       ``(3) Data used for eligibility.--Any determination under 
     this section shall be made on the basis of the taxable year 
     for which the advance determination is made under section 
     1412 and not the taxable year for which the credit under 
     section 36B of such Code is allowed.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to cost-sharing reductions (and payments to 
     issuers for such reductions) for plan years beginning after 
     December 31, 2019.
                                 ______
                                 
  SA 477. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 267 proposed by Mr. McConnell to the bill H.R. 1628, to 
provide for reconciliation pursuant to title II of the concurrent 
resolution on the budget for fiscal year 2017; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AVAILABILITY ACROSS STATE LINES.

       The Secretary shall promulgate regulations permitting 
     health insurance coverage to be sold across State lines.
                                 ______
                                 
  SA 478. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 550. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND 
                   SENSOR OPERATOR AIRCREWS OF MQ-9 UNMANNED 
                   AERIAL VEHICLES.

       (a) Contracts for Training.--The Chief of the National 
     Guard Bureau may enter into one or more contracts with 
     appropriate civilian entities in order to provide flying or 
     operating training for National Guard pilots

[[Page S4472]]

     and sensor operator aircrew members in the MQ-9 unmanned 
     aerial vehicle if the Chief of the National Guard Bureau 
     determines that--
       (1) Air Force training units lack sufficient capacity to 
     train such pilots or sensor operator aircrew members for 
     initial qualification in the MQ-9 unmanned aerial vehicle;
       (2) pilots or sensor operator aircrew members of Air 
     National Guard units require continuation training in order 
     to remain current and qualified in the MQ-9 unmanned aerial 
     vehicle;
       (3) non-combat continuation training in the MQ-9 unmanned 
     aerial vehicle is necessary for such pilots or sensor 
     operator aircrew members to achieve required levels of flying 
     or operating proficiency; or
       (4) such training for such pilots or sensor operator 
     aircrew members is necessary in order to meet requirements 
     for the National Guard to provide pilots and sensor operator 
     aircrew members qualified in the MQ-9 unmanned aerial vehicle 
     for operations on active duty and in State status.
       (b) Nature of Training Under Contracts.--Any training 
     provided pursuant to a contract under subsection (a) shall 
     incorporate a level of instruction that is equivalent to the 
     instruction in the MQ-9 unmanned aerial vehicle provided to 
     pilots and sensor operator aircrew members at Air Force 
     training units.
                                 ______
                                 
  SA 479. Ms. HEITKAMP (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMPOWERING FEDERAL EMPLOYMENT FOR VETERANS.

       (a) Establishment of Veterans Employment Programs in 
     Federal Agencies.--
       (1) Definitions.--In this subsection--
       (A) the term ``covered agency'' means--
       (i) the Department of State;
       (ii) the Department of the Treasury;
       (iii) the Department of Defense;
       (iv) the Department of Justice;
       (v) the Department of the Interior;
       (vi) the Department of Agriculture;
       (vii) the Department of Commerce;
       (viii) the Department of Labor;
       (ix) the Department of Health and Human Services;
       (x) the Department of Housing and Urban Development;
       (xi) the Department of Transportation;
       (xii) the Department of Energy;
       (xiii) the Department of Education;
       (xiv) the Department of Veterans Affairs;
       (xv) the Department of Homeland Security;
       (xvi) the Environmental Protection Agency;
       (xvii) the National Aeronautics and Space Administration;
       (xviii) the Agency for International Development;
       (xix) the General Services Administration;
       (xx) the National Science Foundation;
       (xxi) the Nuclear Regulatory Commission;
       (xxii) the Office of Personnel Management;
       (xxiii) the Small Business Administration;
       (xxiv) the Social Security Administration; and
       (xxv) any other Executive agency (as defined in section 105 
     of title 5, United States Code) that the President may 
     designate;
       (B) the term ``transitioning member of the Armed Forces'' 
     means a member of the Armed Forces who is expected to be 
     discharged or released from active duty in the Armed Forces 
     within 180 days; and
       (C) the term ``veterans employment official'' means--
       (i) the head of a Veterans Employment Program Office 
     established under paragraph (2)(A)(i); and
       (ii) an employee designated to carry out a Veterans 
     Employment Program for a covered agency under paragraph 
     (2)(A)(ii).
       (2) Veterans employment programs.--The head of a covered 
     agency shall--
       (A)(i) establish or maintain a Veterans Employment Program 
     Office within the covered agency; or
       (ii) designate an employee of the covered agency who shall 
     have full-time responsibility for carrying out a Veterans 
     Employment Program for the covered agency; and
       (B) ensure the public availability of contact information 
     for veterans employment officials to ensure engagement with 
     prospective applicants.
       (3) Responsibilities.--A veterans employment official of a 
     covered agency shall--
       (A) enhance employment opportunities for veterans within 
     the agency, consistent with law and merit system principles, 
     including by developing and implementing--
       (i) the agency's plan for promoting employment 
     opportunities for veterans;
       (ii) veterans recruitment programs; and
       (iii) training programs for veterans with disabilities;
       (B) coordinate and provide employment counseling and 
     training programs to prospective applicants to help match the 
     skills and career aspirations of veterans to the needs of the 
     agency, targeting high-demand Federal occupations that are 
     projected to have heavy recruitment needs;
       (C) participate in skills-based, cross-governmental, and 
     individual agency career development programs to leverage 
     those programs in matching veterans' career aspirations with 
     high-growth occupations; and
       (D) provide mandatory annual training to human resources 
     employees and hiring managers of the agency concerning 
     veterans' employment, including training on veterans' 
     preferences and special authorities for the hiring of 
     veterans.
       (4) Coordination by office of personnel management.--
       (A) In general.--The Director of the Office of Personnel 
     Management shall facilitate coordination among veterans 
     employment officials, including appropriate sharing of 
     resources and information to help match the skills and career 
     aspirations of veterans to the needs of the agencies.
       (B) Responsibilities.--The Director of the Office of 
     Personnel Management shall--
       (i) establish a Veterans Program Office to provide 
     Government-wide leadership in recruitment and employment of 
     veterans in the executive branch of the Federal Government;
       (ii) regularly convene veterans employment officials for 
     working-level meetings to share information on best 
     practices, prospective applicants, and strategies for 
     matching veterans with appropriate employment;
       (iii) develop mandatory annual training for human resources 
     employees and hiring managers of covered agencies concerning 
     veterans' employment, including training on veterans' 
     preferences and special authorities for the hiring of 
     veterans;
       (iv) develop a skills-based, cross-governmental career 
     development program for covered agencies to leverage in 
     matching veterans' career aspirations with high-growth 
     occupations;
       (v) promote the Federal Government as an employer of choice 
     to transitioning members of the Armed Forces and veterans;
       (vi) market the talent, experience, and dedication of 
     transitioning members of the Armed Forces and veterans to 
     Federal agencies; and
       (vii) disseminate Federal employment information to 
     veterans and hiring officials.
       (C) Accountability.--Not later than 1 year after the date 
     of enactment of this Act, the Director of the Office of 
     Personnel Management shall submit to Congress a report on--
       (i) progress made toward the sharing of resources among 
     veterans employment officials;
       (ii) progress made toward the sharing of information among 
     veterans employment officials, including steps to promote 
     face-to-face interaction and the use of Federal information 
     gateways;
       (iii) the development and implementation of training 
     programs for human resources employees and hiring managers of 
     Federal agencies;
       (iv) career development programs for veterans seeking 
     employment; and
       (v) efforts to promote the Federal Government as an 
     employer of choice to transitioning members of the Armed 
     Forces and veterans.
       (b) Interagency Council on Veterans Employment.--
       (1) Establishment.--
       (A) In general.--There is established an interagency 
     council on matters relating to the employment of veterans.
       (B) Designation.--The council established under 
     subparagraph (A) shall be known as the ``Interagency Council 
     on Veterans Employment'' (in this subsection referred to as 
     the ``Council'').
       (2) Membership.--
       (A) Composition.--The Council shall consist of the heads 
     of--
       (i) each covered agency (as defined in subsection (a)(1)); 
     and
       (ii) any other Executive agency (as defined in section 105 
     of title 5, United States Code) that the President may 
     designate.
       (B) Co-chairs.--The Secretary of Labor and the Secretary of 
     Veterans Affairs shall serve as Co-Chairs of the Council.
       (C) Vice-chair.--The Director of the Office of Personnel 
     Management shall serve as the Vice Chair of the Council.
       (3) Duties.--The duties of the Council shall include each 
     of the following:
       (A) To advise and assist the President and the Director of 
     the Office of Personnel Management on matters relating to 
     maintaining a coordinated Government-wide effort to increase 
     the number of veterans employed by the Federal Government in 
     positions that match the skills and career aspirations of 
     veterans, by enhancing recruiting, hiring, retention, 
     training and skills development, and job satisfaction.
       (B) To serve as a national forum for promoting employment 
     opportunities for veterans in the executive branch of the 
     Federal Government.
       (C) To establish performance measures to assess the 
     effectiveness of efforts to promote recruiting, hiring, 
     retention, training and skills development, and job 
     satisfaction of veterans by the Federal Government.
       (D) Not later than 1 year after the date of enactment of 
     this Act and not less frequently than once each year 
     thereafter, to submit to the President and Congress a report 
     on the effectiveness of those efforts.
       (4) Administration.--
       (A) Duties of co-chairs.--The Co-Chairs shall convene 
     regular meetings of the Council, determine its agenda, and 
     direct its work.

[[Page S4473]]

       (B) Steering committee.--At the direction of the Co-Chairs, 
     the Council may establish--
       (i) a Steering Committee to provide leadership, 
     accountability, and strategic direction to the Council; and
       (ii) subgroups to promote coordination among veterans 
     employment officials (as defined in subsection (a)(1)).
       (C) Executive director.--The Vice Chair shall designate an 
     Executive Director for the Council to support the Vice Chair 
     in managing the Council's activities.
       (D) OPM.--The Office of Personnel Management shall provide 
     administrative support for the Council to the extent 
     permitted by law and within existing appropriations (as of 
     the date of the provision).
       (c) Expansion of SkillBridge Initiative to Include 
     Participation by Federal Agencies.--
       (1) Modification of initiative by secretary of defense.--
     The Secretary of Defense, in consultation with the Director 
     of the Office of Personnel Management, shall make such 
     modifications to the SkillBridge initiative of the Department 
     of Defense as the Secretary considers appropriate to enable 
     Federal agencies to participate in the initiative as 
     employers and trainers, including the provision of training 
     by Federal agencies under the initiative to transitioning 
     members of the Armed Forces.
       (2) Participation by federal agencies.--The Director, in 
     consultation with the Secretary, shall take such actions as 
     may be necessary to ensure that each Federal agency 
     participates in the SkillBridge initiative of the Department 
     of Defense as described in paragraph (1).
       (3) Transitioning members of the armed forces defined.--In 
     this subsection, the term ``transitioning member of the Armed 
     Forces'' means a member of the Armed Forces who is expected 
     to be discharged or released from active duty in the Armed 
     Forces not more than 180 days after the member commences 
     training under the SkillBridge initiative.
                                 ______
                                 
  SA 480. Mr. UDALL (for himself, Mr. Rounds, Mr. Heinrich, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, to authorize appropriations for fiscal year 2018 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. 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 12 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 481. Mr. UDALL (for himself, Mr. Rounds, Mr. Heinrich, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 2810, to authorize appropriations for fiscal year 2018 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. 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 12 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 482. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. LIMITATION ON USE OF FUNDS TO CLOSE BIOSAFETY 
                   LEVEL 4 LABORATORIES.

       None of the funds authorized to be appropriated under this 
     Act or any other Act may be used to support the closure or 
     transfer of any biosafety level 4 laboratory of the 
     Department of Homeland Security or other facility of the 
     Department of Homeland Security that monitors chemical or 
     biological threats.
                                 ______
                                 
  SA 483. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 953. NEW NAVY SHIP INTEGRATION AND DESIGN CENTER.

       The Secretary of the Navy shall establish at a current 
     Naval Surface Warfare Center a new Navy Ship Integration and 
     Design Center to support current and future Navy vessels 
     acquisition programs in order to reduce costs due to 
     inefficiencies and vessel design cycle times.
                                 ______
                                 
  SA 484. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S4474]]


  

       In title VIII, strike subtitle E.
                                 ______
                                 
  SA 485. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 133. MODERNIZATION OF THE RADAR FOR F-16 FIGHTER 
                   AIRCRAFT OF THE NATIONAL GUARD.

       (a) Modernization Required.--The Secretary of the Air Force 
     shall take appropriate actions to modernize the radars of F-
     16 fighter aircraft of the National Guard by replacing legacy 
     mechanically-scanned radars for such aircraft with AESA 
     radars.
       (b) Report.--Not later 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a plan to modernize the 
     radars of F-16 fighter aircraft of the National Guard as 
     required by subsection (a).
                                 ______
                                 
  SA 486. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle __ of title __, add the following:

     SEC. ___. PLAN FOR DEVELOPMENT OF ENERGETIC MATERIALS BY 
                   DEPARTMENT OF NAVY.

       (a) Plan Required.--The Secretary of the Navy shall develop 
     a long-term science and technology plan for the development 
     of energetic materials, both explosives and propellants.
       (b) Report.--Not later than March 2, 2018, the Secretary 
     shall submit to Congress a report on the plan required by 
     subsection (a).
                                 ______
                                 
  SA 487. Mr. CARPER (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

            Subtitle H--Government Purchase and Travel Cards

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Saving Federal Dollars 
     Through Better Use of Government Purchase and Travel Cards 
     Act of 2017''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Improper payment.--The term ``improper payment'' has 
     the meaning given the term in section 2 of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note).
       (2) Questionable transaction.--The term ``questionable 
     transaction'' means a charge card transaction that from 
     initial card data appears to be high risk and may therefore 
     be improper due to non-compliance with applicable law, 
     regulation or policy.
       (3) Strategic sourcing.--The term ``strategic sourcing'' 
     means analyzing and modifying a Federal agency's spending 
     patterns to better leverage its purchasing power, reduce 
     costs, and improve overall performance.

     SEC. 1093. EXPANDED USE OF DATA ANALYTICS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     for General Services, shall develop a strategy to expand the 
     use of data analytics in managing government purchase and 
     travel charge card programs. These analytics may employ 
     existing General Services Administration capabilities, and 
     may be in conjunction with agencies' capabilities, for the 
     purpose of--
       (1) identifying examples or patterns of questionable 
     transactions and developing enhanced tools and methods for 
     agency use in--
       (A) identifying questionable purchase and travel card 
     transactions; and
       (B) recovering improper payments made with purchase and 
     travel cards;
       (2) identifying potential opportunities for agencies to 
     further leverage administrative process streamlining and cost 
     reduction from purchase and travel card use, including 
     additional agency opportunities for card-based strategic 
     sourcing;
       (3) developing a set of purchase and travel card metrics 
     and benchmarks for high-risk activities, which shall assist 
     agencies in identifying potential emphasis areas for their 
     purchase and travel card management and oversight activities, 
     including those required by the Government Charge Card Abuse 
     Prevention Act of 2012 (Public Law 112-194); and
       (4) developing a plan, which may be based on existing 
     capabilities, to create a library of analytics tools and data 
     sources for use by Federal agencies (including inspectors 
     general of those agencies).

     SEC. 1094. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB 
                   IMPROPER PAYMENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services and the interagency charge card data 
     management group established under section 1095, shall issue 
     guidance on improving information sharing by government 
     agencies for the purposes of section 1093(a)(1).
       (b) Elements.--The guidance issued under subsection (a) 
     shall--
       (1) require relevant officials at Federal agencies to 
     identify high-risk activities and communicate that 
     information to the appropriate management levels within the 
     agencies;
       (2) require that appropriate officials at Federal agencies 
     review the reports issued by charge card-issuing banks on 
     questionable transaction activity (such as purchase and 
     travel card pre-suspension and suspension reports, 
     delinquency reports, and exception reports), including 
     transactions that occur with high-risk activities, and 
     suspicious timing or amounts of cash withdrawals or advances;
       (3) provide for the appropriate sharing of information 
     related to potential questionable transactions, fraud 
     schemes, and high-risk activities with General Services 
     Administration Office of Charge Card Management and the 
     appropriate officials in Federal agencies;
       (4) consider the recommendations made by Inspectors General 
     or the best practices Inspectors General have identified; and
       (5) include other requirements determined appropriate by 
     the Director for the purposes of carrying out this subtitle.

     SEC. 1095. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP.

       (a) Establishment.--The Administrator of General Services 
     and the Director of the Office of Management and Budget shall 
     establish a purchase and travel charge card data management 
     group to develop and share best practices for the purposes 
     described in section 1093(a).
       (b) Elements.--The best practices developed under 
     subsection (a) shall--
       (1) cover rules, edits, and task order or contract 
     modifications related to charge card-issuing banks;
       (2) include the review of accounts payable information and 
     purchase and travel card transaction data of agencies for the 
     purpose of identifying potential strategic sourcing and other 
     additional opportunities (such as recurring payments, utility 
     payments, and grant payments) for which the charge cards or 
     related payment products could be used as a payment method; 
     and
       (3) include other best practices as determined by the 
     Administrator and Director.
       (c) Membership.--The purchase and travel charge card data 
     management group shall meet regularly as determined by the 
     co-chairs, for a duration of three years, and include those 
     agencies as described in section 2 of the Government Charge 
     Card Abuse Prevention Act of 2012 (Public Law 112-194) and 
     others identified by the Administrator and Director.

     SEC. 1096. REPORTING REQUIREMENTS.

       (a) General Services Administration Report.--Not later than 
     one year after the date of the enactment of this Act, the 
     Administrator for General Services shall submit a report to 
     Congress on the implementation of this subtitle, including 
     the metrics used in determining whether the analytic and 
     benchmarking efforts have reduced, or contributed to the 
     reduction of, questionable or improper payments as well as 
     improved utilization of card-based payment products.
       (b) Agency Reports and Consolidated Report to Congress.--
     Not later than one year after the date of the enactment of 
     this Act, the head of each Federal agency described in 
     section 2 of the Government Charge Card Abuse Prevention Act 
     of 2012 (Public Law 112-194) shall submit a report to the 
     Director of the Office of Management and Budget on that 
     agency's activities to implement this subtitle.
       (c) Office of Management and Budget Report to Congress.--
     The Director of the Office of Management and Budget shall 
     submit to Congress a consolidated report of agency activities 
     to implement this subtitle, which may be included as part of 
     another report submitted to Congress by the Director.
       (d) Report on Additional Savings Opportunities.--Not later 
     than one year after the date of the enactment of this Act, 
     the Administrator of General Services shall submit a report 
     to Congress identifying and exploring further potential 
     savings opportunities for government agencies under the 
     Federal charge card programs. This report may be combined 
     with the report required under subsection (a).
                                 ______
                                 
  SA 488. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction,

[[Page S4475]]

and for defense activities of the Department of Energy, to prescribe 
military personnel 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. 1049. SENSE OF CONGRESS ON USE OF TEST SITES FOR 
                   RESEARCH AND DEVELOPMENT ON COUNTERING UNMANNED 
                   AERIAL SYSTEMS.

       It is the sense of Congress that--
       (1) the armed unmanned aerial systems deployed by 
     adversaries for military purposes pose a threat to military 
     installations, critical infrastructure, and members of the 
     Armed Forces in conflict areas like Iraq and Syria;
       (2) the unmanned aerial systems test sites designated by 
     the Federal Aviation Administration offer unique 
     capabilities, expertise, and airspace for research and 
     development related to unmanned aerial systems; and
       (3) the Armed Forces should, to the extent practicable, 
     seek to leverage the test sites described in paragraph (2) 
     for research and development on capabilities to counter the 
     nefarious use of unmanned aerial systems.
                                 ______
                                 
  SA 489. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 655, line 4, insert after ``the Republic of Korea 
     and Japan'' the following: ``, and should fully consider 
     actions to reassure the Republic of Korea and Japan of the 
     enduring commitment of the United States to provide its full 
     range of capabilities in their defense''.
                                 ______
                                 
  SA 490. Mr. WARNER (for himself, Mr. Sullivan, and Mr. Cornyn) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, to authorize appropriations for fiscal year 2018 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1270E. ADVANCEMENTS IN DEFENSE COOPERATION BETWEEN THE 
                   UNITED STATES AND INDIA.

       (a) Strategy to Further Cooperation.--
       (1) In general.--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, develop a strategy 
     for advancing defense cooperation between the United States 
     and India.
       (2) Elements.--The strategy shall address the following:
       (A) Common security challenges.
       (B) The role of United States partners and allies in the 
     United States-India defense relationship.
       (C) The role of the Defense Technology and Trade 
     Initiative.
       (D) How to advance the Communications Interoperability and 
     Security Memorandum of Agreement and the Basic Exchange and 
     Cooperation Agreement for Geospatial Cooperation.
       (E) The role of joint exercises, operations, patrols and 
     mutual defense planning.
       (F) Any other matters the Secretary of Defense or the 
     Secretary of State considers appropriate.
       (b) India as Major Defense Partner.--
       (1) Findings.--Congress makes the following findings:
       (A) Subsection (a)(1)(A) of section 1292 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 130 Stat. 2559; 22 U.S.C. 2751 note) requires the 
     recognition of India as a major defense partner.
       (B) The President and the Prime Minister of India, in a 
     joint statement, noted that India is a Major Defense Partner 
     of the United States.
       (C) The designation of ``Major Defense Partner'' is unique 
     to India, and institutionalizes the progress made to 
     facilitate defense trade and technology sharing between the 
     United States and India.
       (D) The designation elevates defense trade and technology 
     cooperation between the United States and India to a level 
     commensurate with the closest allies and partners of the 
     United States.
       (E) The designation is intended to facilitate technology 
     sharing between the United States and India, including 
     license-free access to a wide range of dual-use technologies.
       (F) The designation facilitates joint exercises, 
     coordination on defense strategy and policy, military 
     exchanges, and port calls in support of defense cooperation 
     between the United States and India.
       (2) Interagency definition.--The Secretary of Defense, the 
     Secretary of State, and the Secretary of Commerce shall 
     jointly produce a common definition of the term ``Major 
     Defense Partner'' as it relates to India for joint use by the 
     Department of Defense, the Department of State, and the 
     Department of Commerce.
       (c) Responsibility for Enhanced Cooperation.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of State shall make the designation required by 
     subsection (a)(1)(B) of section 1292 of the National Defense 
     Authorization Act for Fiscal Year 2017.
       (2) Additional duties.--In addition to the duties specified 
     in clauses (i) and (ii) of subsection (a)(1)(B) of such 
     section 1292, the individual designated pursuant to paragraph 
     (1) shall promote United States defense trade with India for 
     the benefit of job creation and commercial competitiveness in 
     the United States.
       (3) Briefings.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, 
     appropriate officials of the Office of the Secretary of 
     Defense and appropriate officials of the Department of State 
     shall brief the appropriate committees of Congress on the 
     actions of the Department of Defense and the Department of 
     State, respectively, to promote the competitiveness of United 
     States defense exports to India. The requirement for 
     briefings under this paragraph shall cease on the date of the 
     designation of an individual pursuant to paragraph (1).
       (4) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 491. Mr. SCHATZ (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPEN GOVERNMENT DATA.

       (a) Short Title.--This section may be cited as the ``Open, 
     Public, Electronic, and Necessary Government Data Act'' or 
     the ``OPEN Government Data Act''.
       (b) Definition.--In this section, the term ``agency'' has 
     the meaning given the term in section 3561 of title 44, 
     United States Code, as added by subsection (c).
       (c) Open Government Data.--
       (1) In general.--Chapter 35 of title 44, United States 
     Code, is amended by adding at the end the following:

                 ``Subchapter III--Open Government Data

     ``Sec. 3561. Definitions

       ``As used in this subchapter--
       ``(1) the term `agency'--
       ``(A) has the meaning given the term in section 3502; and
       ``(B) includes the Federal Election Commission;
       ``(2) the term `data' means recorded information, 
     regardless of form or the media on which the data is 
     recorded;
       ``(3) the term `data asset' means a collection of data 
     elements or data sets that may be grouped together;
       ``(4) the term `Director' means the Director of the Office 
     of Management and Budget;
       ``(5) the term `Enterprise Data Inventory' means a data 
     inventory developed and maintained under section 3563;
       ``(6) the terms `information resources management', 
     `information system', and `information technology' have the 
     meanings given those terms in section 3502;
       ``(7) the term `machine-readable' means a format in which 
     information or data can be easily processed by a computer 
     without human intervention while ensuring no semantic meaning 
     is lost;
       ``(8) the term `metadata' means structural or descriptive 
     information about data such as content, format, source, 
     rights, accuracy, provenance, frequency, periodicity, 
     granularity, publisher or responsible party, contact 
     information, method of collection, and other descriptions;
       ``(9) the term `open Government data asset' means a data 
     asset maintained by the Federal Government that is--
       ``(A) machine-readable;
       ``(B) available in an open format;
       ``(C) not encumbered by restrictions that would impede use 
     or reuse;
       ``(D) releasable to the public according to guidance issued 
     by the Director under section 3562(d); and
       ``(E) based on an underlying open standard that is 
     maintained by a standards organization; and
       ``(10) the term `open license' means a legal guarantee 
     applied to a data asset that the data asset is made 
     available--
       ``(A) at no cost to the public; and
       ``(B) with no restrictions on copying, publishing, 
     distributing, transmitting, citing, or adapting.

     ``Sec. 3562. Requirements for Government data

       ``(a) Machine-Readable Data Required.--Open Government data 
     assets made available

[[Page S4476]]

     by an agency shall be published as machine-readable data.
       ``(b) Open by Default and Open License Required.--To the 
     extent permitted by law and subject to privacy, 
     confidentiality, and any other restrictions, and according to 
     guidance issued by the Director under subsection (d)--
       ``(1) data assets maintained by the Federal Government 
     shall--
       ``(A) be available in an open format; and
       ``(B) be available under open licenses; and
       ``(2) open Government data assets published by or for an 
     agency shall be made available under an open license.
       ``(c) Innovation.--Each agency may engage with 
     nongovernmental organizations, citizens, nonprofit 
     organizations, colleges and universities, private and public 
     companies, and other agencies to explore opportunities to 
     leverage the data assets of the agency in a manner that may 
     provide new opportunities for innovation in the public and 
     private sectors in accordance with law, regulation, and 
     policy.
       ``(d) Guidance for Open by Default and Open License 
     Requirements.--The Director shall issue guidance for agencies 
     to use in implementing subsections (a) and (b), including 
     criteria that the head of each agency shall use in 
     determining whether to make a particular data asset publicly 
     available in a manner that takes into account--
       ``(1) privacy and confidentiality risks and restrictions, 
     including the risk that an individual data asset in isolation 
     does not pose a privacy or confidentiality risk but when 
     combined with other available information may pose such a 
     risk;
       ``(2) security considerations, including the risk that 
     information in an individual data asset in isolation does not 
     pose a security risk but when combined with other available 
     information may pose such a risk;
       ``(3) the cost and benefits to the public of converting a 
     data asset into a machine-readable format that is accessible 
     and useful to the public;
       ``(4) the expectation that a data asset be disclosed, if it 
     would otherwise be made available under section 552 of title 
     5 (commonly known as the `Freedom of Information Act'); and
       ``(5) any other considerations that the Director determines 
     to be relevant.

     ``Sec. 3563. Enterprise Data Inventory

       ``(a) Agency Data Inventory Required.--
       ``(1) In general.--In order to develop a clear and 
     comprehensive understanding of the data assets in the 
     possession of an agency, the head of each agency, in 
     consultation with the Director, shall develop and maintain an 
     enterprise data inventory that accounts for any data asset 
     created, collected, under the control or direction of, or 
     maintained by the agency after the effective date of this 
     section, with the goal of including all data assets, to the 
     extent practicable.
       ``(2) Contents.--Each Enterprise Data Inventory shall 
     include the following:
       ``(A) Data assets used in agency information systems 
     (including program administration, statistics, and financial 
     activity) generated by applications, devices, networks, 
     facilities, and equipment, categorized by source type.
       ``(B) Data assets shared or maintained across agency 
     programs and bureaus.
       ``(C) Data assets that are shared among agencies or created 
     by more than 1 agency.
       ``(D) A clear indication of all data assets that can be 
     made publicly available under section 552 of title 5 
     (commonly known as the `Freedom of Information Act').
       ``(E) A description of whether the agency has determined 
     that an individual data asset may be made publicly available 
     and whether the data asset is available to the public.
       ``(F) Open Government data assets.
       ``(G) Other elements as required by the guidance issued by 
     the Director under subsection (c).
       ``(b) Public Availability.--The Chief Information Officer 
     of each agency, in coordination with privacy and security 
     officials of the agency, shall use the guidance issued by the 
     Director under section 3562(d) in determining whether to make 
     data assets included in the Enterprise Data Inventory of the 
     agency publicly available in an open format and under an open 
     license.
       ``(c) Guidance for Enterprise Data Inventory.--The Director 
     shall issue guidance for each Enterprise Data Inventory, 
     including a requirement that an Enterprise Data Inventory 
     includes a compilation of metadata about agency data assets.
       ``(d) Availability of Enterprise Data Inventory.--The Chief 
     Information Officer of each agency--
       ``(1) shall make the Enterprise Data Inventory of the 
     agency available to the public on the Federal Data Catalog 
     required under section 3566;
       ``(2) shall ensure that access to the Enterprise Data 
     Inventory of the agency and the data contained therein is 
     consistent with applicable law, regulation, and policy; and
       ``(3) may implement paragraph (1) in a manner that 
     maintains a nonpublic portion of the Enterprise Data 
     Inventory of the agency.
       ``(e) Regular Updates Required.--The Chief Information 
     Officer of each agency shall--
       ``(1) to the extent practicable, complete the Enterprise 
     Data Inventory for the agency not later than 1 year after the 
     date of enactment of this section; and
       ``(2) add additional data assets to the Enterprise Data 
     Inventory for the agency not later than 90 days after the 
     date on which the data asset is created or identified.
       ``(f) Use of Existing Resources.--When practicable, the 
     Chief Information Officer of each agency shall use existing 
     procedures and systems to compile and publish the Enterprise 
     Data Inventory for the agency.

     ``Sec. 3564. Federal agency responsibilities

       ``(a) Information Resources Management.--With respect to 
     general information resources management, each agency shall--
       ``(1) improve the integrity, quality, and utility of 
     information to all users within and outside the agency by--
       ``(A) using open format for any new open Government data 
     asset created or obtained on or after the date that is 1 year 
     after the date of enactment of this section; and
       ``(B) to the extent practicable, encouraging the adoption 
     of open format for all open Government data assets created or 
     obtained before the date described in subparagraph (A); and
       ``(2) in consultation with the Director, develop an open 
     data plan that, at a minimum and to the extent practicable--
       ``(A) requires the agency to develop processes and 
     procedures that--
       ``(i) require each new data collection mechanism to use an 
     open format; and
       ``(ii) allow the agency to collaborate with non-Government 
     entities, researchers, businesses, and private citizens for 
     the purpose of understanding how data users value and use 
     open Government data assets;
       ``(B) identifies and implements methods for collecting and 
     analyzing digital information on data asset usage by users 
     within and outside of the agency, including designating a 
     point of contact within the agency to assist the public and 
     to respond to quality issues, usability issues, 
     recommendations for improvements, and complaints about 
     adherence to open data requirements;
       ``(C) develops and implements a process to evaluate and 
     improve the timeliness, completeness, accuracy, usefulness, 
     and availability of open Government data assets;
       ``(D) requires the agency to update the plan at an interval 
     determined by the Director;
       ``(E) includes requirements for meeting the goals of the 
     agency open data plan including technology, training for 
     employees, and implementing procurement standards, in 
     accordance with existing law, regulation, and policy, that 
     allow for the acquisition of innovative solutions from the 
     public and private sectors; and
       ``(F) prohibits the disclosure of data assets unless the 
     data asset may be released to the public in accordance with 
     guidance issued by the Director under section 3562(d).
       ``(b) Information Dissemination.--With respect to 
     information dissemination, each agency--
       ``(1) shall provide access to open Government data assets 
     online;
       ``(2) shall take the necessary precautions to ensure that 
     the agency maintains the production and publication of data 
     assets which are directly related to activities that protect 
     the safety of human life or property, as identified by the 
     open data plan of the agency required under subsection 
     (a)(2); and
       ``(3) may engage the public in using open Government data 
     assets and encourage collaboration by--
       ``(A) publishing information on open Government data assets 
     usage in regular, timely intervals, but not less frequently 
     than annually;
       ``(B) receiving public input regarding priorities for the 
     analysis and disclosure of data assets to be published;
       ``(C) assisting civil society groups and members of the 
     public working to expand the use of open Government data 
     assets; and
       ``(D) hosting challenges, competitions, events, or other 
     initiatives designed to create additional value from open 
     Government data assets.

     ``Sec. 3565. Additional agency data asset management 
       responsibilities

       ``The Chief Information Officer of each agency, or other 
     appropriate official designated by the head of an agency, in 
     collaboration with other internal agency stakeholders, is 
     responsible for--
       ``(1) data asset management, format standardization, 
     sharing of data assets, and publication of data assets for 
     the agency;
       ``(2) the compilation and publication of the Enterprise 
     Data Inventory for the agency required under section 3563;
       ``(3) ensuring that agency data conforms with open data 
     best practices;
       ``(4) engaging agency employees, the public, and 
     contractors in using open Government data assets and 
     encouraging collaborative approaches to improving data use;
       ``(5) supporting the agency Performance Improvement Officer 
     in generating data to support the function of the Performance 
     Improvement Officer described in section 1124(a)(2) of title 
     31;
       ``(6) supporting officials responsible for leading agency 
     mission areas and Governmentwide initiatives in maximizing 
     data available for program administration, statistics, 
     evaluation, research, and internal financial management, 
     subject to any privacy, confidentiality, security laws and 
     policies, and other valid restrictions;
       ``(7) reviewing the information technology infrastructure 
     of the agency and the impact of the infrastructure on making 
     data assets accessible to reduce barriers that inhibit data 
     asset accessibility;

[[Page S4477]]

       ``(8) ensuring that, to the extent practicable, the agency 
     is maximizing data assets used in agency information systems 
     generated by applications, devices, networks, facilities, and 
     equipment, categorized by source type, and such use is not 
     otherwise prohibited, to reduce costs, improve operations, 
     and strengthen security and privacy protections; and
       ``(9) identifying points of contact for roles and 
     responsibilities related to open data use and implementation 
     as required by the Director.

     ``Sec. 3566. Federal Data Catalog

       ``(a) Federal Data Catalog Required.--The Administrator of 
     General Services shall maintain a single public interface 
     online, to be known as the `Federal Data Catalog', as a point 
     of entry dedicated to sharing open Government data assets 
     with the public.
       ``(b) Coordination With Agencies.--The Director shall 
     determine, after consultation with the head of each agency 
     and the Administrator of General Services, the method to 
     access any open Government data assets published through the 
     interface described in subsection (a).''.
       (2) Special provisions.--
       (A) Effective date.--Notwithstanding subsection (i), 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1), shall take effect on the date that is 1 year 
     after the date of enactment of this Act and shall apply with 
     respect to any contract entered into by an agency on or after 
     such effective date.
       (B) Use of open data assets.--Not later than 1 year after 
     the date of enactment of this Act, the head of each agency 
     shall ensure that any activities by the agency or any new 
     contract entered into by the agency meet the requirements of 
     section 3562 of title 44, United States Code, as added by 
     paragraph (1).
       (C) Deadline for federal data catalog.--Not later than 180 
     days after the effective date of this section, the 
     Administrator of General Services shall meet the requirements 
     of section 3566 of title 44, United States Code, as added by 
     paragraph (1)
       (3) Technical and conforming amendment.--The table of 
     sections for chapter 35 of title 44, United States Code, is 
     amended by adding at the end the following:

                 ``subchapter iii--open government data

``3561. Definitions.
``3562. Requirements for Government data.
``3563. Enterprise Data Inventory.
``3564. Federal agency responsibilities.
``3565. Additional agency data asset management responsibilities.
``3566. Federal Data Catalog.''.
       (d) Evaluation of Agency Analytical Capabilities.--
       (1) Agency review of evaluation and analysis capabilities; 
     report.--Not later than 3 years after the date of enactment 
     of this Act, the Chief Operating Officer of each agency shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Oversight and 
     Government Reform of the House of Representatives, and the 
     Director of the Office of Management and Budget a report on 
     the review described in paragraph (2).
       (2) Requirements of agency review.--The report required 
     under paragraph (1) shall assess the coverage, quality, 
     methods, effectiveness, and independence of the evaluation, 
     research, and analysis efforts of an agency, including each 
     of the following:
       (A) A list of the activities and operations of the agency 
     that are being evaluated and analyzed and the activities and 
     operations that have been evaluated and analyzed during the 
     previous 5 years.
       (B) The extent to which the evaluations, research, and 
     analysis efforts and related activities of the agency support 
     the needs of various divisions within the agency.
       (C) The extent to which the evaluation research and 
     analysis efforts and related activities of the agency address 
     an appropriate balance between needs related to 
     organizational learning, ongoing program management, 
     performance management, strategic management, interagency and 
     private sector coordination, internal and external oversight, 
     and accountability.
       (D) The extent to which the agency uses methods and 
     combinations of methods that are appropriate to agency 
     divisions and the corresponding research questions being 
     addressed, including an appropriate combination of formative 
     and summative evaluation research and analysis approaches.
       (E) The extent to which evaluation and research capacity is 
     present within the agency to include personnel, agency 
     process for planning and implementing evaluation activities, 
     disseminating best practices and findings, and incorporating 
     employee views and feedback.
       (F) The extent to which the agency has the capacity to 
     assist front-line staff and program offices to develop the 
     capacity to use evaluation research and analysis approaches 
     and data in the day-to-day operations.
       (3) GAO review of agency reports.--Not later than 4 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report that summarizes agency findings and highlights trends 
     from the reports submitted under paragraph (1) and, if 
     appropriate, recommends actions to further improve agency 
     capacity to use evaluation techniques and data to support 
     evaluation efforts.
       (e) Online Repository and Additional Reports.--
       (1) Repository.--The Director of the Office of Management 
     and Budget shall collaborate with the Office of Government 
     Information Services and the Administrator of General 
     Services to develop and maintain an online repository of 
     tools, best practices, and schema standards to facilitate the 
     adoption of open data practices, which shall--
       (A) include definitions, regulation and policy, checklists, 
     and case studies related to open data, this section, and the 
     amendments made by this section; and
       (B) facilitate collaboration and the adoption of best 
     practices across the Federal Government relating to the 
     adoption of open data practices.
       (2) GAO report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report that identifies--
       (A) the value of information made available to the public 
     as a result of this section and the amendments made by this 
     section;
       (B) whether it is valuable to expand the publicly available 
     information to any other data assets; and
       (C) the completeness of the Enterprise Data Inventory at 
     each agency required under section 3563 of title 44, United 
     States Code, as added by subsection (c).
       (3) Biennial omb report.--Not later than 1 year after the 
     effective date of this section, and every 2 years thereafter, 
     the Director of the Office of Management and Budget shall 
     electronically publish a report on agency performance and 
     compliance with this section and the amendments made by this 
     section.
       (4) Agency cio report.--Not later than 1 year after the 
     effective date of this section and every year thereafter, the 
     Chief Information Officer of each agency shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on compliance with the 
     requirements of this section and the amendments made by this 
     section, including information on the requirements that the 
     agency could not meet and what the agency needs to comply 
     with those requirements.
       (f) Guidance.--The Director of the Office of Management and 
     Budget shall delegate to the Administrator of the Office of 
     Information and Regulatory Affairs and the Administrator of 
     the Office of Electronic Government the authority to jointly 
     issue guidance required under this section.
       (g) National Security Systems.--This section and the 
     amendments made by this section shall not apply to data 
     assets that are contained in a national security system, as 
     defined in section 11103 of title 40, United States Code.
       (h) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     require the disclosure of information or records that may be 
     withheld from public disclosure under any provision of 
     Federal law, including section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'') 
     and section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'').
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 492. Mr. SCHATZ (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ___. REVIEW OF DISCHARGE CHARACTERIZATION OF FORMER 
                   MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED 
                   BY REASON OF THE SEXUAL ORIENTATION.

       (a) In General.--In accordance with this section, the 
     appropriate discharge boards--
       (1) shall review the discharge characterization of covered 
     members at the request of the covered member; and
       (2) if such characterization is any characterization except 
     honorable, may change such characterization to honorable.
       (b) Criteria.--In changing the discharge characterization 
     of a covered member to honorable under subsection (a)(2), the 
     Secretary of Defense shall ensure that such changes are 
     carried out consistently and uniformly across the military 
     departments using the following criteria:
       (1) The original discharge must be based on Don't Ask Don't 
     Tell (in this Act referred to as ``DADT'') or a similar 
     policy in place prior to the enactment of DADT.
       (2) Such discharge characterization shall be so changed if, 
     with respect to the original discharge, there were no 
     aggravating circumstances, such as misconduct, that would 
     have independently led to a discharge characterization that 
     was any characterization except honorable. For purposes of 
     this paragraph, such aggravating circumstances may not 
     include--

[[Page S4478]]

       (A) an offense under section 925 of title 10, United States 
     Code (article 125 of the Uniform Code of Military Justice), 
     committed by a covered member against a person of the same 
     sex with the consent of such person; or
       (B) statements, consensual sexual conduct, or consensual 
     acts relating to sexual orientation or identity, or the 
     disclosure of such statements, conduct, or acts, that were 
     prohibited at the time of discharge but after the date of 
     such discharge became permitted.
       (3) When requesting a review, a covered member, or the 
     member's representative, shall be required to provide 
     either--
       (A) documents consisting of--
       (i) a copy of the DD-214 form of the member;
       (ii) a personal affidavit of the circumstances surrounding 
     the discharge; and
       (iii) any relevant records pertaining to the discharge; or
       (B) an affidavit certifying that the member, or the 
     member's representative, does not have the documents 
     specified in subparagraph (A).
       (4) If a covered member provides an affidavit described in 
     subparagraph (B) of paragraph (3)--
       (A) the appropriate discharge board shall make every effort 
     to locate the documents specified in subparagraph (A) of such 
     paragraph within the records of the Department of Defense; 
     and
       (B) the absence of such documents may not be considered a 
     reason to deny a change of the discharge characterization 
     under subsection (a)(2).
       (c) Request for Review.--The appropriate discharge board 
     shall ensure the mechanism by which covered members, or their 
     representative, may request to have the discharge 
     characterization of the covered member reviewed under this 
     section is simple and straightforward.
       (d) Review.--
       (1) In general.--After a request described in subsection 
     (c) has been made, the appropriate discharge board shall 
     review all relevant laws, records of oral testimony 
     previously taken, service records, or any other relevant 
     information regarding the discharge characterization of the 
     covered member.
       (2) Additional materials.--If additional materials are 
     necessary for the review, the appropriate discharge board--
       (A) may request additional information from the covered 
     member or the member's representative, in writing, and 
     specifically detailing what is being requested; and
       (B) shall be responsible for obtaining a copy of the 
     necessary files of the covered member from the member, or 
     when applicable, from the Department of Defense.
       (e) Change of Characterization.--The appropriate discharge 
     board shall change the discharge characterization of a 
     covered member to honorable if such change is determined to 
     be appropriate after a review is conducted under subsection 
     (d) pursuant to the criteria under subsection (b). A covered 
     member, or the member's representative, may appeal a decision 
     by the appropriate discharge board to not change the 
     discharge characterization by using the regular appeals 
     process of the board.
       (f) Change of Records.--For each covered member whose 
     discharge characterization is changed under subsection (e), 
     or for each covered member who was honorably discharged but 
     whose DD-214 form reflects the sexual orientation of the 
     member, the Secretary of Defense shall reissue to the member 
     or the member's representative a revised DD-214 form that 
     reflects the following:
       (1) For each covered member discharged, the Separation 
     Code, Reentry Code, Narrative Code, and Separation Authority 
     shall not reflect the sexual orientation of the member and 
     shall be placed under secretarial authority. Any other 
     similar indication of the sexual orientation or reason for 
     discharge shall be removed or changed accordingly to be 
     consistent with this paragraph.
       (2) For each covered member whose discharge occurred prior 
     to the creation of general secretarial authority, the 
     sections of the DD-214 form referred to paragraph (1) shall 
     be changed to similarly reflect a universal authority with 
     codes, authorities, and language applicable at the time of 
     discharge.
       (g) Status.--
       (1) In general.--Each covered member whose discharge 
     characterization is changed under subsection (e) shall be 
     treated without regard to the original discharge 
     characterization of the member, including for purposes of--
       (A) benefits provided by the Federal Government to an 
     individual by reason of service in the Armed Forces; and
       (B) all recognitions and honors that the Secretary of 
     Defense provides to members of the Armed Forces.
       (2) Reinstatement.--In carrying out paragraph (1)(B), the 
     Secretary shall reinstate all recognitions and honors of a 
     covered member whose discharge characterization is changed 
     under subsection (e) that the Secretary withheld because of 
     the original discharge characterization of the member.
       (h) Definitions.--In this section:
       (1) The term ``appropriate discharge board'' means the 
     boards for correction of military records under section 1552 
     of title 10, United States Code, or the discharge review 
     boards under section 1553 of such title, as the case may be.
       (2) The term ``covered member'' means any former member of 
     the Armed Forces who was discharged from the Armed Forces 
     because of the sexual orientation of the member.
       (3) The term ``discharge characterization'' means the 
     characterization under which a member of the Armed Forces is 
     discharged or released, including ``dishonorable'', 
     ``general'', ``other than honorable'', and ``honorable''.
       (4) The term ``Don't Ask Don't Tell'' means section 654 of 
     title 10, United States Code, as in effect before such 
     section was repealed pursuant to the Don't Ask, Don't Tell 
     Repeal Act of 2010 (Public Law 111-321).
       (5) The term ``representative'' means the surviving spouse, 
     next of kin, or legal representative of a covered member.
       (i) Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted under this section.
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (j) Historical Review.--The Secretary of each military 
     department shall ensure that oral historians of the 
     department--
       (1) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member; and
       (2) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
                                 ______
                                 
  SA 493. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle F of title V, add the 
     following:

     SEC. 563. ELIGIBILITY AND PRIORITY OF CHILDREN FOR MILITARY 
                   CHILD CARE SERVICES.

       (a) Reorganization of Military Child Care Funding 
     Provisions.--Subchapter II of chapter 88 of title 10, United 
     States Code, is amended--
       (1) by transferring section 1793 so as to appear after 
     section 1791; and
       (2) by redesignating such section, as so transferred, as 
     section 1791a.
       (b) Eligibility and Priority.--
       (1) In general.--Subchapter II of such chapter is further 
     amended by inserting after section 1792 the following new 
     section 1793:

     ``Sec. 1793. Child care services: eligibility and priority 
       for services of eligible children; services and youth 
       program services for children and youth otherwise 
       ineligible

       ``(a) Eligibility on Full-time Basis.--Children are 
     eligible for child care services at military child 
     development centers on a full-time basis as follows:
       ``(1) Children disproportionally affected by military 
     deployment of their parents (to be known as `Priority Group 1 
     Children'), including children as follows:
       ``(A) Children of a member of the armed forces who died in 
     line of duty on active duty.
       ``(B) Children of a member on active duty who previously 
     incurred a wound [or serious injury] in combat in line of 
     duty on active duty.
       ``(C) Children in a single-parent family in which the 
     parent is a regular member of the armed forces.
       ``(D) Children in a dual-parent family in which both 
     parents are regular members of the armed forces.
       ``(2) Children of deployable parents (to be know as 
     `Priority Group 2 Children'), including children as follows:
       ``(A) Children in a dual-parent family in which one of the 
     parents is a regular member of the armed forces.
       ``(B) Children of a member of the Selected Reserve.
       ``(C) Children of an employee of the Department of Defense 
     who is on, or is within 90 days of commencing, an assignment 
     overseas.
       ``(3) Children of parents who support Department of Defense 
     missions (to be known as `Priority Group 3 Children'), 
     including children as follows:
       ``(A) Children of a member of the Individual Ready Reserve.
       ``(B) Children of an employee of the Department of Defense 
     (other than an employee described in paragraph (2)(C)), 
     including children of an employee of a non-appropriated fund 
     instrumentality (NAFI) or otherwise paid for with non-
     appropriated funds.
       ``(4) Children of other parents (to be known as `Priority 
     Group 4 Children'), including children as follows:
       ``(A) Children of a member or former member of the armed 
     forces who is in receipt of, or eligible for receipt of, 
     retired or retainer pay.
       ``(B) Children of an employee of the Federal Government 
     with a department or agency other than the Department of 
     Defense.

[[Page S4479]]

       ``(C) Children of a contractor employee of the Department 
     who is otherwise eligible for child care services under this 
     subchapter.
       ``(b) Priority of Eligibility.--
       ``(1) In general.--Priority of eligibility under subsection 
     (a) shall be in the order of the paragraphs set forth under 
     that subsection, with actual eligibility for child care 
     services at any particular military child development center 
     dependent on the availability of space and resources at such 
     center.
       ``(2) Construction of multiple priorities.--If a child has 
     a priority of eligibility under subsection (a) under more 
     than one paragraph, the child's priority of eligibility under 
     that subsection shall be the higher priority of eligibility 
     under that subsection.
       ``(d) Regulations.--This section shall be administered in 
     accordance with regulations prescribed by the Secretary of 
     Defense for purposes of this section. The regulations shall 
     take into account the objective that the priority of 
     eligibility established by subsection (a) is intended to 
     support the policy and plans for the Department of Defense 
     for the support of military family readiness developed 
     pursuant to section 1781b of this title.''.
       (2) Preservation of existing eligibility and priority.--
     Nothing in the amendment made by paragraph (1) may be 
     construed as terminating, altering, or impairing the 
     eligibility or priority for child care services at military 
     child development centers of any military family in receipt 
     of such services at such a center as of the date of the 
     enactment of this Act for so long after such date as such 
     military family remains in receipt of such services at such 
     center without interruption.
       (c) Restatement in Authority on Eligibility and Priority of 
     Authority for Provision of Child Care and Youth Program 
     Services to Children and Youth Otherwise Ineligible.--
       (1) In general.--Section 1793 of title 10, United States 
     Code, as amended by subsection (b) of this section, is 
     further amended by inserting after subsection (b) the 
     following new subsection (c):
       ``(c) Child Care and Youth Program Services for Children 
     and Youth Otherwise Ineligible.--
       ``(1) Authority.--The Secretary of Defense may authorize 
     participation in child care or youth programs of the 
     Department of Defense, to the extent of the availability of 
     space and services, by children and youth under the age of 19 
     who are not dependents of members of the armed forces or of 
     employees of the Department of Defense and are not otherwise 
     eligible for participation in those programs.
       ``(2) Limitation.--Authorization of participation in a 
     program under paragraph (1) shall be limited to situations in 
     which that participation promotes the attainment of the 
     objectives set forth in paragraph (3), as determined by the 
     Secretary.
       ``(3) Objectives.--The objectives for authorizing 
     participation in a program under paragraph (1) are as 
     follows:
       ``(A) To support the integration of children and youth of 
     military families into civilian communities.
       ``(B) To make more efficient use of Department of Defense 
     facilities and resources.
       ``(C) To establish or support a partnership or consortium 
     arrangement with schools and other youth services 
     organizations serving children of members of the armed 
     forces.''.
       (2) Repeal of superseded authority.--Section 1799 of such 
     title is repealed.
       (d) Clerical Amendments.--The table of sections at the 
     beginning of subchapter II of chapter 88 of such title is 
     amended--
       (1) by inserting after the item relating to section 1791 
     the following new item:

``1791a. Parent fees.'';
       (2) by striking the item relating to section 1793 and 
     inserting the following new item:

``1793. Child care services: eligibility and priority for services of 
              eligible children; services and youth program services 
              for children and youth otherwise ineligible.''; and
       (3) by striking the item relating to section 1799.
                                 ______
                                 
  SA 494. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. 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 495. Mr. THUNE (for himself, Mr. Sullivan, and Mr. Wicker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2810, to authorize appropriations for fiscal year 2018 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       After title XXXV, insert the following:

                        TITLE XXXVI--COAST GUARD

     SEC. 3601. CERTAIN DELAYED EFFECTIVE DATES.

       The amendments made by section 3626 shall take effect on 
     January 1, 2018.

                       Subtitle A--Authorizations

     SEC. 3611. AUTHORIZATION OF APPROPRIATIONS.

       Section 2702 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 2702. Authorization of appropriations

       ``Funds are authorized to be appropriated for each of 
     fiscal years 2018 and 2019 for necessary expenses of the 
     Coast Guard as follows:
       ``(1) For the operation and maintenance of the Coast Guard, 
     not otherwise provided for--
       ``(A) $7,300,000,000 for fiscal year 2018; and
       ``(B) $7,592,000,000 for fiscal year 2019.
       ``(2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, and for maintenance, rehabilitation, lease, 
     and operation of facilities and equipment--
       ``(A) $1,985,845,000 for fiscal year 2018, to remain 
     available through September 30, 2022; and
       ``(B) $2,027,547,745 for fiscal year 2019, to remain 
     available through September 30, 2023.
       ``(3) For the Coast Guard Reserve program, including 
     operations and maintenance of the program, personnel and 
     training costs, equipment, and services--
       ``(A) $142,956,336 for fiscal year 2018; and
       ``(B) $145,958,419 for fiscal year 2019.
       ``(4) For the environmental compliance and restoration of 
     the Coast Guard under chapter 19 of this title--
       ``(A) $17,051,721 for fiscal year 2018, to remain available 
     through September 30, 2022; and
       ``(B) $17,409,807 for fiscal year 2019, to remain available 
     through September 20, 2023.
       ``(5) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly related to improving the 
     performance of the Coast Guard's mission with respect to 
     search and rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, and for maintenance, rehabilitation, lease, and 
     operation of facilities and equipment--
       ``(A) $20,307,690 for fiscal year 2018; and
       ``(B) $20,734,151 for fiscal year 2019.''.

     SEC. 3612. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       Section 2704 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 2704. Authorized levels of military strength and 
       training

       ``(a) Active Duty Strength.--The Coast Guard is authorized 
     an end-of-year strength for active duty personnel of 43,000 
     for each of fiscal years 2018 and 2019.
       ``(b) Military Training Student Loads.--The Coast Guard is 
     authorized average military training student loads for each 
     of fiscal years 2018 and 2019 as follows:
       ``(1) For recruit and special training, 2,500 student 
     years.
       ``(2) For flight training, 165 student years.
       ``(3) For professional training in military and civilian 
     institutions, 350 student years.
       ``(4) For officer acquisition, 1,200 student years.''.

                        Subtitle B--Coast Guard

     SEC. 3621. PRIMARY DUTIES.

       Section 2(7) of title 14, United States Code, is amended by 
     striking ``including the fulfillment of Maritime Defense Zone 
     command responsibilities'' and inserting ``and at all times 
     assist in the defense of the United States''.

     SEC. 3622. TRAINING; EMERGENCY RESPONSE PROVIDERS.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by inserting after section 141 the following:

     ``Sec. 141a. Training; emergency response providers

       ``(a) In General.--The Commandant (or the Commandant's 
     designee) may, on a reimbursable or a nonreimbursable basis, 
     make training available to emergency response providers 
     whenever the Commandant (or the Commandant's designee) 
     determines that--
       ``(1) a member of the Coast Guard, who was scheduled to 
     participate in such training, is unable or unavailable to 
     participate in such training;
       ``(2) no other member of the Coast Guard, who is assigned 
     to the unit to which the member of the Coast Guard described 
     in paragraph (1), is able or available to participate in such 
     training; and
       ``(3) such training, if made available to emergency 
     response providers, would further

[[Page S4480]]

     the goal of interoperability among Federal agencies, non-
     Federal governmental agencies, or both.
       ``(b) Definition of Emergency Response Provider.--In this 
     section, the term `emergency response provider' has the 
     meaning given the term in section 101 of title 6.
       ``(c) Treatment of Reimbursement.--Any reimbursement for 
     training that the Coast Guard receives under this section 
     shall be credited to the appropriation used to pay the costs 
     for such training.
       ``(d) Status; Limitation on Liability.--
       ``(1) Status.--Any individual to whom, as an emergency 
     response provider, training is made available under this 
     section shall not be considered a Federal employee for any 
     purpose, including the purposes of--
       ``(A) chapter 81 of title 5 (relating to compensation for 
     injury); or
       ``(B) sections 2671 through 2680 of title 28 (relating to 
     tort claims).
       ``(2) Limitation on liability.--The individual described in 
     paragraph (1) or that individual's employer shall be liable 
     for any claim arising out of such training.''.
       (b) Table of Contents.--The table of contents of chapter 7 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 141 the following:

``141a. Training; emergency response providers.''.

     SEC. 3623. COMMISSIONED SERVICE RETIREMENT.

       Section 291 of title 14, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Any 
     regular'' and indenting appropriately;
       (2) in subsection (a), as designated--
       (A) by inserting ``of the Coast Guard'' after ``officer''; 
     and
       (B) by striking ``President'' and inserting ``Secretary''; 
     and
       (3) by adding at the end the following:
       ``(b) Active Commissioned Service.--The Secretary may 
     authorize the Commandant, through fiscal year 2019, to reduce 
     the requirement under subsection (a) for at least ten years 
     of active service as a commissioned officer to a period of 
     not less than eight years.''.

     SEC. 3624. OFFICER PROMOTION ZONES.

       Section 256(a) of title 14, United States Code, is amended 
     by striking ``six-tenths'' and inserting ``one-half''.

     SEC. 3625. OFFICER EVALUATION REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall reduce lieutenant junior grade evaluation reports to 
     the same length as an ensign or place lieutenant junior grade 
     evaluations on an annual schedule.
       (b) Board Survey.--The Commandant of the Coast Guard shall 
     survey outgoing promotion board members and assignment 
     officers to determine, at a minimum--
       (1) which sections of the officer evaluation report were 
     most useful;
       (2) which sections of the officer evaluation report were 
     least useful;
       (3) how to better reflect high performers; and
       (4) any recommendations for improving the officer 
     evaluation report.
       (c) Survey of Officers.--The Commandant of the Coast Guard 
     shall conduct a survey on the officer evaluation report to--
       (1) cover at least 10 percent of the officers from each 
     grade of officers from O1 to O6; and
       (2) determine how much time each member of the rating chain 
     spends on that member's portion of the officer evaluation 
     report.
       (d) Revisions.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall revise the officer evaluation report, and providing 
     corresponding directions, taking into account the 
     requirements under paragraph (2).
       (2) Requirements.--In revising the officer evaluation 
     report under paragraph (1), the Commandant shall--
       (A) consider the findings of the surveys under subsections 
     (b) and (c);
       (B) improve administrative efficiency;
       (C) reduce and streamline performance dimensions and 
     narrative text;
       (D) eliminate redundancy with the officer specialty 
     management system and any other record information systems 
     that are used during the officer assignment or promotion 
     process;
       (E) provide for fairness and equity for Coast Guard 
     officers with regard to promotion boards, selection panels, 
     and the assignment process; and
       (F) ensure officer evaluation responsibilities can be 
     accomplished within normal working hours--
       (i) to minimize any impact to officer duties; and
       (ii) to eliminate any need for an officer to take liberty 
     or leave for administrative purposes.
       (e) Report.--
       (1) In general.--Not later than 545 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report--
       (A) on the findings of the survey under subsection (b); and
       (B) on the findings of the survey under subsection (c).
       (2) Format.--The report under paragraph (1) shall be 
     formatted by each rank, type of board, and position, as 
     applicable.

     SEC. 3626. REGULAR CAPTAINS; RETIREMENT.

       Section 288(a) of title 14, United States Code, is 
     amended--
       (1) by striking ``zone is'' and inserting ``zone, or from 
     being placed at the top of the list of selectees promulgated 
     by the Secretary under section 271(a) of this title, is''; 
     and
       (2) by striking the period at the end and inserting ``or 
     from being placed at the top of the list of selectees, as 
     applicable.''.

     SEC. 3627. INCLUSION OF VESSEL FOR INVESTIGATION PURPOSES.

       (a) In General.--Section 678 of title 14, United States 
     Code, is amended by inserting ``or vessel'' after 
     ``aircraft'' each place it appears.
       (b) Technical and Conforming Amendments.--Chapter 17 of 
     title 14, United States Code, is amended--
       (1) in the table of contents of chapter 17, by inserting 
     ``and vessel'' after ``Aircraft'' in the item relating to 
     section 678; and
       (2) in the heading for section 678, by inserting ``and 
     vessel'' after ``Aircraft''.

     SEC. 3628. LEAVE FOR THE BIRTH OR ADOPTION OF A CHILD.

       Section 431 of title 14, United States Code, is amended--
       (1) by striking ``Not later than 1 year'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     not later than 1 year''; and
       (2) by adding at the end the following:
       ``(b) Leave Associated With the Birth or Adoption of a 
     Child.--Notwithstanding section 701 of title 10 or any other 
     provision of law, the Secretary of the department in which 
     the Coast Guard is operating shall ensure that any rule, 
     policy, or memorandum that provides leave associated with the 
     birth or adoption of a child to an officer or enlisted member 
     of the Coast Guard permits, for not later than 1 year after 
     the date of such birth or adoption and at the discretion of 
     the Commanding Officer--
       ``(1) the officer or member, as applicable, to take such 
     leave in increments; and
       ``(2) flexible work schedules (as defined in regulation 
     promulgated by the Secretary) for the officer or member, as 
     applicable, until all such leave is expended.''.

     SEC. 3629. AVIATION CADETS; APPOINTMENT AS RESERVE OFFICERS; 
                   CROSS REFERENCE.

       Section 373(a) of title 14, United States Code, is amended 
     by inserting ``designated under section 371'' after 
     ``cadet''.

     SEC. 3630. CLOTHING AT TIME OF DISCHARGE FOR GOOD OF SERVICE; 
                   REPEAL.

       Section 482 of title 14, United States Code, and the item 
     relating to that section in the table of contents of chapter 
     13 of that title, are repealed.

     SEC. 3631. MULTIYEAR CONTRACTS.

       The Secretary is authorized to enter into a multiyear 
     contract for the procurement of a tenth, eleventh, and 
     twelfth National Security Cutter and associated government-
     furnished equipment.

     SEC. 3632. COAST GUARD ROTC PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the costs and 
     benefits of creating a Coast Guard Reserve Officers' Training 
     Corps Program based on the other armed forces programs.

     SEC. 3633. NATIONAL COAST GUARD MUSEUM.

       Subsection (b) of section 98 of title 14, United States 
     Code, is amended to read as follows:
       ``(b) Expenditures.--The Secretary shall fund the operation 
     and maintenance of the National Coast Guard Museum with 
     nonappropriated and non-Federal funds to the maximum extent 
     practicable. The priority use of Federal operation and 
     maintenance funds should be to preserve and protect historic 
     Coast Guard artifacts, including the design, fabrication, and 
     installation of exhibits or displays in which such artifacts 
     are included.''.

     SEC. 3634. POLAR ICEBREAKERS.

       (a) Rolling Recapitalization Report for the POLAR STAR.--
       (1) Requirement for report.--The Secretary of the 
     department in which the Coast Guard is operating, in 
     consultation with Naval Sea Systems Command, shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a detailed report describing 
     a plan to extend the service life of the Coast Guard Cutter 
     POLAR STAR (WAGB-10) under a rolling recapitalization plan 
     for 7 to 10 years.
       (2) Content.--The report required by paragraph (1) shall 
     include the following:
       (A) Based upon a materiel condition assessment of the Coast 
     Guard Cutter POLAR STAR (WAGB-10)--
       (i) a description of the service life extension needs of 
     the vessel;
       (ii) detailed information regarding planned shipyard work 
     for each fiscal year to meet such needs; and
       (iii) an estimate of the specific amount needed to be 
     appropriated to complete the rolling recapitalization of the 
     vessel.
       (B) A plan to ensure the vessel will maintain seasonally 
     operational status during the rolling recapitalization.
       (b) Authorization of Appropriations.--The Commandant of the 
     Coast Guard may

[[Page S4481]]

     use funds made available pursuant to section 2702(2) of title 
     14, United States Code, as amended by section 3611 of this 
     Act, for the rolling recapitalization described in the report 
     required by subsection (a).

     SEC. 3635. GREAT LAKES ICEBREAKER ACQUISITION.

       (a) Icebreaking on the Great Lakes.--For fiscal years 2018 
     and 2019, the Commandant of the Coast Guard may use funds 
     made available pursuant to section 2702(2) of title 14, 
     United States Code, as amended by section 3611 of this Act, 
     for the selection of a design for, and the construction of, 
     an icebreaker that is at least as capable as the Coast Guard 
     Cutter Mackinaw to enhance icebreaking capacity on the Great 
     Lakes.
       (b) Initial Survey and Design Work.--The Commandant of the 
     Coast Guard shall commence initial survey and design work 
     associated with the acquisition of a new Coast Guard 
     icebreaker that is at least as capable as the Coast Guard 
     Cutter Mackinaw to enhance icebreaking capacity on the Great 
     Lakes.
       (c) Acquisition Plan.--Not later than 45 days after the 
     date of enactment of this Act, the Commandant shall submit a 
     plan to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives for acquiring an icebreaker described in 
     subsections (a) and (b). Such plan shall include--
       (1) the details and schedule of the acquisition activities 
     to be completed; and
       (2) a description of how the funding for Coast Guard 
     acquisition, construction, and improvements that was 
     appropriated under the Consolidated Appropriations Act of 
     2017 (Public Law 115-31) will be allocated to support the 
     acquisition activities referred to in paragraph (1).

                       Subtitle C--Marine Safety

     SEC. 3641. COAST GUARD ADVISORY COMMITTEES.

       (a) Establishment.--Subtitle I of title 46, United States 
     Code, is amended by adding at the end the following:

              ``CHAPTER 7--COAST GUARD ADVISORY COMMITTEES

``Sec. ................................................................

``701. Administration.
``702. Chemical Transportation Advisory Committee.
``703. Commercial Fishing Safety Advisory Committee.
``704. Great Lakes Pilotage Advisory Committee.
``705. Lower Mississippi River Waterway Safety Advisory Committee.
``706. Merchant Marine Personnel Advisory Committee.
``707. Merchant Mariner Medical Advisory Committee.
``708. National Boating Safety Advisory Council.
``709. National Maritime Security Advisory Committee.
``710. National Offshore Safety Advisory Committee.
``711. Navigation Safety Advisory Council.
``712. Towing Safety Advisory Committee.

     ``Sec. 701. Administration

       ``(a) Employee Status.--A member of an advisory committee 
     or advisory council established under this chapter shall not 
     be considered an employee of the Federal Government by reason 
     of service on such committee or council, except for the 
     purposes of the following provisions of law:
       ``(1) Section 5703 of title 5 (relating to travel 
     expenses).
       ``(2) Chapter 81 of title 5 (relating to compensation for 
     work injuries).
       ``(3) Chapter 171 of title 28 and any other Federal statute 
     relating to tort liability.
       ``(4) If the member is a special Government employee--
       ``(A) chapter 73 of title 5;
       ``(B) sections 201, 202, 203, 205, 207, 208, and 209 of 
     title 18;
       ``(C) the Ethics in Government Act of 1978 (5 U.S.C. App); 
     and
       ``(D) any other provision of law relating to employee 
     conduct, political activities, ethics, conflict of interest, 
     and corruption that applies to a special Government employee.
       ``(b) Compensation.--A member of an advisory committee or 
     advisory council established under this chapter who is not 
     otherwise a Federal employee shall not receive pay by reason 
     of service on such committee or council.
       ``(c) Acceptance of Volunteer Services.--A member of an 
     advisory committee or advisory council established under this 
     chapter may serve on a voluntary basis without pay without 
     regard to section 1342 of title 31 or any other law.

     ``Sec. 702. Chemical Transportation Advisory Committee

       ``(a) Establishment.--There is established a Chemical 
     Transportation Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to the safe and secure 
     marine transportation of hazardous materials.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of not more 
     than 25 members.
       ``(B) Points of view.--Each member of the Committee shall 
     represent the point of view of 1 of the following entities or 
     groups associated with marine transportation of hazardous 
     materials:
       ``(i) Chemical manufacturing.
       ``(ii) Marine handling or transportation of chemicals.
       ``(iii) Vessel design and construction.
       ``(iv) Marine safety or security.
       ``(v) Marine environmental protection.
       ``(C) Needs of the coast guard.--The Commandant (or the 
     Commandant's designee) shall, based on the needs of the Coast 
     Guard, determine the number of members who represent a 
     specific point of view.
       ``(D) Rule of construction.--Neither this subsection nor 
     any other provision of law or policy shall be construed to 
     require an equal distribution of members representing 
     specific points of view among the membership of the 
     Committee.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 703. Commercial Fishing Safety Advisory Committee

       ``(a) Establishment.--There is established a Commercial 
     Fishing Safety Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee)--
       ``(1) shall advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to the 
     safe operation of vessels to which chapter 45 of this title 
     applies, including navigation safety, safety equipment and 
     procedures, marine insurance, vessel design, construction, 
     maintenance and operation, and personnel qualifications and 
     training;
       ``(2) shall review proposed regulations promulgated 
     pursuant to chapter 45 of this title;
       ``(3) shall submit recommendations described in paragraph 
     (1) to the Secretary in writing;
       ``(4) may submit any recommendations described in paragraph 
     (1) at any time and frequency as determined to be appropriate 
     by the Committee;

[[Page S4482]]

       ``(5) shall to review proposed regulations promulgated 
     pursuant to chapter 45 of this title; and
       ``(6) shall make available to Congress any information, 
     advice, and recommendations that the Committee is authorized 
     to give to the Secretary.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 18 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience regarding the 
     commercial fishing industry.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), a member of the Committee shall represent the point of 
     view of an entity or group, as follows:
       ``(i) 10 members representing the commercial fishing 
     industry who--

       ``(I) reflect a regional and representational balance; and
       ``(II) have experience in the operation of vessels to which 
     chapter 45 of this title applies or as a crew member or 
     processing line worker on a fish processing vessel.

       ``(ii) 1 member representing naval architects or marine 
     engineers.
       ``(iii) 1 member representing manufacturers of equipment 
     for vessels to which chapter 45 of this title applies.
       ``(iv) 1 member representing education or training 
     professionals related to fishing vessel, fish processing 
     vessel, or fish tender vessel safety or personnel 
     qualifications.
       ``(v) 1 member representing underwriters that insure 
     vessels to which chapter 45 of this title applies.
       ``(vi) 1 member representing owners of vessels to which 
     chapter 45 of this title applies.
       ``(D) Exception.--
       ``(i) In general.--Subject to clause (ii), 3 members of the 
     Committee shall represent the general public.
       ``(ii) Experience.--Whenever possible, a member who 
     represents the general public shall be either--

       ``(I) an independent expert or consultant in maritime 
     safety;
       ``(II) a marine surveyor who provides services to vessels 
     to which chapter 45 of this title applies; or
       ``(III) a person familiar with issues affecting fishing 
     communities and families of fishermen.

       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent a point of view of an entity or group 
     under paragraph (2)(C), is hereby deemed a representative of 
     the member's respective special interest entity or group, and 
     not a special Government employee (as defined in section 
     202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary may 
     appoint to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Committee shall elect a Chairperson 
     and Vice Chairperson from among its members.
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable--
       ``(1) consult with the Committee before taking any 
     significant action relating to the safe operation of vessels 
     to which chapter 45 of this title applies;
       ``(2) consider the information, advice, and recommendations 
     of the Committee in consulting with other agencies and the 
     public or in formulating policy regarding the safe operation 
     of vessels to which chapter 45 of this title applies;
       ``(3) make all recommendations made by the Committee in 
     paragraph (b) public and available for comment within 30 days 
     of receiving the recommendation from the Committee;
       ``(4) respond in writing to all public comments made 
     regarding recommendations made by the Committee in paragraph 
     (b);
       ``(5) respond in writing to any recommendations or 
     resolutions made by the Committee in paragraph (b) and 
     provide reasoning for acceptation or rejection to all 
     recommendations within 60 days of receiving the 
     recommendation; and
       ``(6) make all responses in paragraph (5) available to the 
     Congress and the public at the time the response is 
     transmitted.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 704. Great Lakes Pilotage Advisory Committee

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a Great 
     Lakes Pilotage Advisory Committee (referred to in this 
     section as the `Committee').
       ``(2) Duties.--The Committee--
       ``(A) may review proposed Great Lakes pilotage regulations 
     and policies and make recommendations to the Secretary that 
     the Committee considers appropriate;
       ``(B) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to Great 
     Lakes pilotage;
       ``(C) may make available to the Congress recommendations 
     that the Committee makes to the Secretary; and
       ``(D) shall meet at the call of--
       ``(i) the Secretary, who shall call such a meeting at least 
     once during each calendar year; or
       ``(ii) a majority of the Committee.
       ``(b) Organization.--
       ``(1) In general.--
       ``(A) Membership.--The Committee shall consist of 7 members 
     appointed by the Secretary in accordance with this 
     subsection, each of whom has at least 5 years practical 
     experience in maritime operations.
       ``(B) Term.--The term of each member is for a period of not 
     more than 5 years, specified by the Secretary.
       ``(C) Notice.--Before filling a position on the Committee, 
     the Secretary shall publish a notice in the Federal Register 
     soliciting nominations for membership on the Committee.
       ``(2) Representation.--The membership of the Committee 
     shall include--
       ``(A) the President of each of the 3 Great Lakes pilotage 
     districts, or the President's representative;
       ``(B) 1 member representing the interests of vessel 
     operators that contract for Great Lakes pilotage services;
       ``(C) 1 member representing the interests of Great Lakes 
     ports;
       ``(D) 1 member representing the interests of shippers whose 
     cargoes are transported through Great Lakes ports; and
       ``(E) a member with a background in finance or accounting, 
     who--
       ``(i) must have been recommended to the Secretary by a 
     unanimous vote of the other members of the Committee, and
       ``(ii) may be appointed without regard to requirement in 
     paragraph (1) that each member have 5 years of practical 
     experience in maritime operations.
       ``(c)(1) Chairperson; Vice Chairperson.--The Committee 
     shall elect 1 of its members as the Chairperson and 1 of its 
     members as the Vice Chairperson. The Vice Chairperson shall 
     act as Chairperson in the absence or incapacity of the 
     Chairperson, or in the event of a vacancy in the office of 
     the Chairperson.
       ``(2) Observer.--The Secretary shall, and any other 
     interested agency may, designate a representative to 
     participate as an observer with the Committee. The 
     Secretary's designated representative shall act as the 
     executive secretary of the Committee and shall perform the 
     duties set forth in section 10(c) of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       ``(d) Recommendations.--
       ``(1) In general.--The Secretary shall, whenever 
     practicable, consult with the Committee before taking any 
     significant action relating to Great Lakes pilotage.
       ``(2) Consideration.--The Secretary shall consider the 
     information, advice, and recommendations of the Committee in 
     formulating policy regarding matters affecting Great Lakes 
     pilotage.
       ``(3) Approval.--Any recommendations to the Secretary under 
     subsection (a)(2)(B) must have been approved by at least all 
     but 1 of the members then serving on the Committee.
       ``(e)(1) Compensation.--Notwithstanding section 701, a 
     member of the Committee,

[[Page S4483]]

     when attending meetings of the Committee or when otherwise 
     engaged in the business of the Committee, is entitled to 
     receive--
       ``(A) compensation at a rate fixed by the Secretary, not 
     exceeding the daily equivalent of the current rate of basic 
     pay in effect for GS-18 of the General Schedule under section 
     5332 of title 5 including travel time; and
       ``(B) travel or transportation expenses under section 5703 
     of title 5.
       ``(2) Employee Status.--Notwithstanding section 701, a 
     member of the Committee shall not be considered to be an 
     officer or employee of the United States for any purpose 
     based on their receipt of any payment under this subsection.
       ``(f) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) applies to the Committee, except that the Committee 
     terminates on September 30, 2020.
       ``(2) Renewal.--2 years before the termination date set 
     forth in paragraph (1) of this subsection, the Committee 
     shall submit to the Congress its recommendation regarding 
     whether the Committee should be renewed and continued beyond 
     the termination date.

     ``Sec. 705. Lower Mississippi River Waterway Safety Advisory 
       Committee

       ``(a) Establishment.--There is established a Lower 
     Mississippi River Waterway Safety Advisory Committee 
     (referred to in this section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to communication, 
     surveillance, traffic management, anchorages, development and 
     operation of New Orleans Vessel Traffic Services, and other 
     related topics dealing with and actions relating to 
     navigational safety on the Lower Mississippi River.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 25 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     expertise, knowledge, and experience regarding the 
     transportation, equipment, and techniques that are used to 
     ship cargo and to navigate vessels on the Lower Mississippi 
     River and its connecting navigable waterways, including the 
     Gulf of Mexico.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 5 members representing River Port Authorities between 
     Baton Rouge, Louisiana, and the head of passes of the Lower 
     Mississippi River, of which--

       ``(I) 1 member shall be from the Port of St. Bernard; and
       ``(II) 1 member from the Port of Plaquemines.

       ``(ii) 2 members representing vessel owners or ship owners 
     domiciled in the State of Louisiana.
       ``(iii) 2 members representing organizations which operate 
     harbor tugs or barge fleets in the geographical area covered 
     by the Committee.
       ``(iv) 2 members representing companies which transport 
     cargo or passengers on the navigable waterways in the 
     geographical area covered by the Committee.
       ``(v) 3 members representing State Commissioned Pilot 
     organizations, with 1 member each representing--

       ``(I) the New Orleans-Baton Rouge Steamship Pilots 
     Association;
       ``(II) the Crescent River Port Pilots Association; and
       ``(III) the Association Branch Pilots.

       ``(vi) 3 members representing consumers, shippers, or 
     importers and exporters that utilize vessels which utilize 
     the navigable waterways covered by the Committee.
       ``(vii) 2 members representing those licensed merchant 
     mariners, other than pilots, who perform shipboard duties on 
     those vessels which utilize navigable waterways covered by 
     the Committee.
       ``(viii) 1 member representing an organization that serves 
     in a consulting or advisory capacity to the maritime 
     industry.
       ``(ix) 1 member representing an environmental organization.
       ``(D) Additional members.--
       ``(i) In general.--4 members of the Committee shall 
     represent the general public.
       ``(ii) Water transportation facilities.--Whenever possible, 
     2 of the 4 members who represent the general public shall be 
     individuals who utilize water transportation facilities 
     located in the geographic area that the Committee covers.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) each member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) each member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extension.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(B) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable, consult with the 
     Committee before taking any significant action relating to 
     navigation safety in the Lower Mississippi River.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 706. Merchant Marine Personnel Advisory Committee

       ``(a) Establishment.--There is established a Merchant 
     Marine Personnel Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to personnel in the United 
     States merchant marine, including training, qualifications, 
     certification, documentation, and fitness standards.
       ``(c) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(d) Membership.--
       ``(1) In general.--The Committee shall consist of 19 
     members.
       ``(2) Points of view.--Except as provided in subparagraph 
     (C), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(A) 9 members representing the interests of mariners--
       ``(i) each of whom--

       ``(I) shall be a citizen of the United States; and
       ``(II) shall hold an active license or certificate issued 
     under chapter 71 of this title or a merchant mariner document 
     issued under chapter 73 of this title; and

       ``(ii) among whom shall be--

       ``(I) 3 deck officers representing the interests of 
     merchant marine deck officers, of whom--

       ``(aa) 2 shall be licensed for oceans any gross tons;
       ``(bb) 1 shall be licensed for inland river route with a 
     limited or unlimited tonnage;
       ``(cc) 2 shall have a master's license or a master of 
     towing vessels license;
       ``(dd) 1 shall have significant tanker experience; and
       ``(ee) to the extent practicable--
       ``(AA) 1 shall represent the interests of labor; and
       ``(BB) 1 shall represent the interests of management;

[[Page S4484]]

       ``(II) 3 engineering officers representing the interests of 
     merchant marine engineering officers, of whom--

       ``(aa) 2 shall be licensed as chief engineer any 
     horsepower;
       ``(bb) 1 shall be licensed as either a limited chief 
     engineer or a designated duty engineer; and
       ``(cc) to the extent practicable--
       ``(AA) 1 shall represent the interests of labor; and

       ``(BB) 1 shall represent the interests of management;
       ``(III) 2 unlicensed seamen, of whom--

       ``(aa) 1 shall represent the interests of able-bodied 
     seamen; and
       ``(bb) 1 shall represent the interests of qualified members 
     of the engine department; and

       ``(IV) 1 pilot representing the interests of merchant 
     marine pilots.

       ``(B) 6 members representing the interests of marine 
     educators--
       ``(i) each of whom shall be a marine educator; and
       ``(ii) among whom shall be--

       ``(I) 3 marine educators who shall represent the interests 
     of maritime academies, including--

       ``(aa) 2 who shall represent the interests of State 
     maritime academies; and
       ``(bb) 1 who shall represent either the viewpoint of the 
     State maritime academies or the United States Merchant Marine 
     Academy; and

       ``(II) 3 marine educators who shall represent the interests 
     of other maritime training institutions, 1 of whom shall 
     represent the interests of the small vessel industry.

       ``(C) 2 members representing the interests of shipping 
     companies employed in ship operation management.
       ``(D) 2 members of the Committee shall represent the 
     general public.
       ``(3) Status of members.--
       ``(A) In general.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(i) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(B), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(ii) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(B) Rule of construction.--Nothing in this section shall 
     be construed to prohibit the nomination or appointment of a 
     Federal employee to serve as a member of the Committee 
     representing the interests of the United States Merchant 
     Marine Academy.
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointment.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Soliciting nominations.--Notwithstanding 
     subparagraphs (A) and (B), the Secretary may--
       ``(i) with regard to the appointment of a member or members 
     to represent the interests of the State maritime academies, 
     solicit nominations for membership on the Committee from each 
     State maritime academy or a joint nomination from some or all 
     State maritime academies; and
       ``(ii) with regard to the appointment of a member to 
     represent the interests of the United States Merchant Marine 
     Academy, solicit a nomination for membership on the Committee 
     from the Secretary of Transportation.
       ``(D) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 707. Merchant Mariner Medical Advisory Committee

       ``(a) Establishment.--There is established a Merchant 
     Mariner Medical Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to--
       ``(1) medical certification determinations of merchant 
     mariners;
       ``(2) medical standards and guidelines for the physical 
     qualifications of operators of commercial vessels;
       ``(3) medical examiner education; and
       ``(4) medical research.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 14 
     members.
       ``(B) Restriction.--No member of the Committee shall be a 
     regular Federal employee.
       ``(C) Experience.--Of the members of the Committee--
       ``(i) 10 members shall be healthcare professionals with 
     particular expertise, knowledge, or experience regarding the 
     medical examinations of merchant mariners or occupational 
     medicine; and
       ``(ii) 4 members shall be professional mariners with 
     knowledge and experience in mariners' occupational 
     requirements.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.

[[Page S4485]]

       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 708. National Boating Safety Advisory Council

       ``(a) Establishment.--There is established a National 
     Boating Safety Advisory Council (referred to in this section 
     as the `Council').
       ``(b) Organization.--
       ``(1) Meeting.--The Council shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 21 members.
       ``(B) Experience.--Each member of the Council shall have 
     particular expertise, knowledge, and experience in 
     recreational boating safety.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Council shall represent the point of 
     view of an entity or group, as follows:
       ``(i) 7 members representing State officials responsible 
     for State boating safety programs.
       ``(ii) 7 members representing manufacturers, wholesale 
     distributors, or retail distributors of recreational vessels 
     or associated equipment.
       ``(iii) At least 5 members representing national 
     recreational boating organizations.
       ``(D) Additional members.--Not more than 2 members of the 
     Council may represent the general public.
       ``(E) Panels.--Additional individuals from an entity or 
     group set out in subparagraph (C) may be appointed to panels 
     of the Council to assist the Council in performing its 
     duties.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Council, whom the Secretary appoints 
     to represent the point of view of an entity or group set out 
     in paragraph (2)(C), is hereby deemed a representative of the 
     member's respective special interest entity or group, and not 
     a special Government employee (as defined in section 202(a) 
     of title 18); and
       ``(B) in the event that the Secretary appoints a member to 
     represent the general public, such member of the Council is 
     hereby deemed a special Government employee (as defined in 
     section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Council.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Council.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Council.
       ``(iii) Vacancy.--The Secretary may reappoint a member to 
     the Council more than once.
       ``(C) Service.--Each member of the Council shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Council 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (1), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Council to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Council, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Council as the 
     Chairperson and another member of the Council as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Council, recommendations with 
     regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Council in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(c) Consultation.--In addition to the consultation 
     required by section 4302 of this title, the Commandant (or 
     the Commandant's designee) shall, whenever practicable, 
     consult with the Council on boating safety matters related to 
     chapter 131 of this title.
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Council.
       ``(2) Termination.--The Council shall terminate on 
     September 30, 2027.

     ``Sec. 709. National Maritime Security Advisory Committee

       ``(a) Establishment.--There is established a National 
     Maritime Security Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to national maritime 
     security.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of not less 
     than 8 members, but not more than 21 members.
       ``(B) Experience.--Each member of the Committee shall have 
     at least 5 years practical experience in maritime security 
     operations.
       ``(C) Points of view.--Each member of the Committee shall 
     represent the point of view of an entity or group, as 
     follows:
       ``(i) At least 1 member representing the port authorities.
       ``(ii) At least 1 member representing the facilities owners 
     or operators.
       ``(iii) At least 1 member representing the terminal owners 
     or operators.
       ``(iv) At least 1 member representing the vessel owners or 
     operators.
       ``(v) At least 1 member representing the maritime labor 
     organizations.
       ``(vi) At least 1 member representing the academic 
     community.
       ``(vii) At least 1 member representing State or local 
     governments.
       ``(viii) At least 1 member representing the maritime 
     industry.
       ``(ix) Not more than 4 members, each representing an entity 
     or group, the point of view of which or the area of expertise 
     of which the Commandant (or the Commandant's designee) 
     determines would aid the Committee's deliberations.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Committee is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall appoint members to the Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of an individual in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(D) Background examinations.--The Secretary may require 
     an individual to have passed an appropriate security 
     background examination before appointment to the Committee.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).

[[Page S4486]]

       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 710. National Offshore Safety Advisory Committee

       ``(a) Establishment.--There is established a National 
     Offshore Safety Advisory Committee (referred to in this 
     section as the `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to activities directly 
     involved with, or in support of, the exploration of offshore 
     mineral and energy resources insofar as such activities 
     relate to matters within Coast Guard jurisdiction.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 15 
     members.
       ``(B) Points of view.--Except as provided in subparagraph 
     (C), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 2 members representing companies, organizations, 
     enterprises, or similar entities engaged in the production of 
     petroleum.
       ``(ii) 2 members representing companies, organizations, 
     enterprises, or similar entities engaged in offshore 
     drilling.
       ``(iii) 2 members representing companies, organizations, 
     enterprises or similar entities engaged in the support, by 
     offshore supply vessels or other vessels, of offshore 
     operations.
       ``(iv) 1 member representing a company, organization, 
     enterprise or similar entity engaged in the construction of 
     offshore facilities.
       ``(v) 1 member representing a company, organization, 
     enterprise or similar entity providing diving services to the 
     offshore industry.
       ``(vi) 1 member representing a company, organization, 
     enterprise or similar entity providing safety and training 
     services to the offshore industry.
       ``(vii) 1 member representing a company, organization, 
     enterprise or similar entity providing subsea engineering, 
     construction or remotely operated vehicle support to the 
     offshore industry.
       ``(viii) 2 members representing employees of companies, 
     organizations, enterprises or similar entities engaged in 
     offshore operations, 1 of whom should have recent practical 
     experience on vessels or units involved in the offshore 
     industry.
       ``(ix) 1 member representing a company, organization, 
     enterprise or similar entity providing environmental 
     protection, compliance or response services to the offshore 
     industry.
       ``(x) 1 member representing a company, organization, 
     enterprise or similar entity engaged in offshore oil 
     exploration or production on the Outer Continental Shelf of 
     Alaska.
       ``(C) Additional member.--1 member of the Committee shall 
     represent the general public.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate one member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.

     ``Sec. 711. Navigation Safety Advisory Council

       ``(a) Establishment.--There is established a Navigation 
     Safety Advisory Council (referred to in this section as the 
     `Council').
       ``(b) Function.--The Council, acting through the Commandant 
     (or the Commandant's designee), is authorized to advise, 
     consult with, report to, and make recommendations to the 
     Secretary on matters relating to maritime collisions, 
     rammings and groundings, Inland Rules of the Road, 
     International Rules of the Road, navigation regulations and 
     equipment, routing measures, marine information, and aids to 
     navigation systems.
       ``(c) Organization.--
       ``(1) Meeting.--The Council shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of not more 
     than 21 members.
       ``(B) Experience.--Each member of the Council shall have 
     expertise in Inland and International vessel navigation Rules 
     of the Road, aids to maritime navigation, maritime law, 
     vessel safety, or port safety.
       ``(C) Points of view.--Each member of the Council shall 
     represent the point of view of one of the following entities 
     or groups:
       ``(i) Commercial vessel owners or operators.
       ``(ii) Professional mariners.
       ``(iii) Recreational boaters.
       ``(iv) State agencies responsible for vessel or port 
     safety.
       ``(v) The Maritime Law Association.
       ``(vi) Recreational boating industry.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18, each member of the Council is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Council.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Council.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of a nominee in making an appointment to the 
     Council.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Council more than once.
       ``(C) Service.--Each member of the Council shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Council 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.

[[Page S4487]]

       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Council to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Reappointments.--In the case of an appointment to 
     fill a vacancy on the Council, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Council as the 
     Chairperson and another member of the Council as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Council, recommendations with 
     regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Council in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Council.
       ``(2) Termination.--The Council shall terminate on 
     September 30, 2027.

     ``Sec. 712. Towing Safety Advisory Committee

       ``(a) Establishment.--There is established a Towing Safety 
     Advisory Committee (referred to in this section as the 
     `Committee').
       ``(b) Function.--The Committee, acting through the 
     Commandant (or the Commandant's designee), is authorized to 
     advise, consult with, report to, and make recommendations to 
     the Secretary on matters relating to shallow-draft inland 
     navigation, coastal waterway navigation, and towing safety.
       ``(c) Organization.--
       ``(1) Meeting.--The Committee shall, at least once each 
     calendar year, meet at the call of the Commandant (or the 
     Commandant's designee).
       ``(2) Membership.--
       ``(A) In general.--The Committee shall consist of 18 
     members.
       ``(B) Experience.--Each member of the Committee shall have 
     particular expertise, knowledge, and experience regarding--
       ``(i) shallow-draft inland navigation or coastal waterway 
     navigation; and
       ``(ii) towing safety.
       ``(C) Points of view.--Except as provided in subparagraph 
     (D), each member of the Committee shall represent the point 
     of view of an entity or group, as follows:
       ``(i) 7 members representing the barge and towing industry, 
     reflecting a regional geographic balance.
       ``(ii) 1 member representing the offshore mineral and oil 
     supply vessel industry.
       ``(iii) 1 member representing Masters or Pilots of towing 
     vessels who have experience on the Western Rivers and the 
     Gulf Intracoastal Waterway.
       ``(iv) 1 member representing Masters of towing vessels who 
     have experience in offshore service.
       ``(v) 1 member representing Masters of towing vessels who 
     have experience in harbor-assist operations.
       ``(vi) 1 member representing towing vessel engineers.
       ``(vii) 2 members representing port districts, authorities, 
     or terminal operators.
       ``(viii) 1 member representing shippers.
       ``(ix) 1 member representing shippers who are engaged in 
     the chartering or shipping of oil or hazardous materials by 
     barge.
       ``(D) Additional members.--2 members of the Committee shall 
     represent the general public.
       ``(3) Status of members.--For the purposes of Federal law, 
     including the Ethics in Government Act of 1978 and chapter 11 
     of title 18--
       ``(A) a member of the Committee, whom the Secretary 
     appoints to represent the point of view of an entity or group 
     set out in paragraph (2)(C), is hereby deemed a 
     representative of the member's respective special interest 
     entity or group, and not a special Government employee (as 
     defined in section 202(a) of title 18); and
       ``(B) a member of the Committee, whom the Secretary 
     appoints to represent the general public, is hereby deemed a 
     special Government employee (as defined in section 202(a) of 
     title 18).
       ``(4) Nominations; appointments; service.--
       ``(A) Nominations.--As necessary, the Secretary shall 
     publish, in the Federal Register, a notice soliciting 
     nominations for membership on the Committee.
       ``(B) Appointments.--
       ``(i) In general.--After timely notice is published, the 
     Secretary shall, as necessary, appoint members to the 
     Committee.
       ``(ii) Limitations.--The Secretary may not seek, consider, 
     or otherwise use information concerning the political 
     affiliation of an individual in making an appointment to the 
     Committee.
       ``(iii) Reappointments.--The Secretary may reappoint a 
     member to the Committee more than once.
       ``(C) Service.--Each member of the Committee shall serve at 
     the pleasure of the Secretary.
       ``(5) Term; vacancy.--
       ``(A) Term.--
       ``(i) In general.--The term of each member of the Committee 
     shall expire on December 31 of the third full year after the 
     effective date of the appointment.
       ``(ii) Extensions.--Notwithstanding clause (i), paragraph 
     (4), or any other provision of law or policy, the Commandant 
     (or the Commandant's designee) may extend the term of a 
     member of the Committee to December 31 of the fifth full year 
     after the effective date of the appointment.
       ``(iii) Vacancy.--In the case of an appointment to fill a 
     vacancy on the Committee, the Secretary shall appoint an 
     individual for a full term.
       ``(6) Chairperson; vice chairperson.--
       ``(A) In general.--The Commandant (or the Commandant's 
     designee) shall designate 1 member of the Committee as the 
     Chairperson and another member of the Committee as the Vice 
     Chairperson, both of whom shall serve in such capacity at the 
     pleasure of the Commandant (or the Commandant's designee) and 
     for a term to be fixed by the Commandant (or the Commandant's 
     designee).
       ``(B) Recommendations.--The Commandant (or the Commandant's 
     designee) may solicit, from the Committee, recommendations 
     with regard to the members whom the Commandant (or the 
     Commandant's designee) shall designate as the Chairperson and 
     the Vice Chairperson.
       ``(C) Vacancy.--The Vice Chairperson shall act as 
     Chairperson in the absence or incapacity of, or in the event 
     of a vacancy in the office of, the Chairperson.
       ``(7) Designated federal officer.--The Commandant (or the 
     Commandant's designee) shall designate a Designated Federal 
     Officer to the Committee in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.).
       ``(d) Consultation.--The Commandant (or the Commandant's 
     designee) shall, whenever practicable, consult with the 
     Committee before taking any significant action affecting 
     shallow-draft inland navigation, coastal waterway navigation, 
     and towing safety.
       ``(e) Federal Advisory Committee Act; Termination.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall apply to the Committee.
       ``(2) Termination.--The Committee shall terminate on 
     September 30, 2027.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of chapters.--The table of chapters for subtitle 
     I of title 46, United States Code, is amended by adding at 
     the end the following:

``7. Coast Guard advisory committees.........................701.''....

       (2) Commercial fishing safety advisory committee.--
       (A) Repeal.--Section 4508 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 45 
     of title 46, United States Code, is amended by striking the 
     item relating to section 4508.
       (3) Great lakes pilotage advisory committee.--
       (A) Repeal.--Section 9307 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 93 
     of title 46, United States Code, is amended by striking the 
     item relating to section 9307.
       (4) Lower mississippi river waterway safety advisory 
     committee.--Section 19 of the Coast Guard Authorization Act 
     of 1991 (Public Law 102-241; 105 Stat. 2215) is repealed.
       (5) Merchant marine personnel advisory committee.--
       (A) Repeal.--Section 8108 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 81 
     of title 46, United States Code, is amended by striking the 
     item relating to section 8108.
       (6) Merchant mariner medical advisory committee.--
       (A) Repeal.--Section 7115 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 71 
     of title 46, United States Code, is amended by striking the 
     item relating to section 7115.
       (7) National boating safety advisory council.--
       (A) Repeal.--Section 13110 of title 46, United States Code, 
     is repealed.
       (B) Table of contents.--The table of contents of chapter 
     131 of title 46, United States Code, is amended by striking 
     the item relating to section 13110.
       (C) Technical amendment.--Section 4302(c)(4) of title 46, 
     United States Code, is amended by striking ``13110'' and 
     inserting ``708''.
       (8) National maritime security advisory committee.--Section 
     109(a)(1) of the Maritime Transportation Security Act of 2002 
     (46 U.S.C. 70101 note) is amended by striking ``section 70112 
     of title 46, United States Code, as amended by this Act'' and 
     inserting ``section 709 of title 46, United States Code''.

[[Page S4488]]

       (9) Navigation safety advisory council.--Section 5 of the 
     Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is 
     repealed.
       (10) Towing safety advisory committee.--The Act to 
     establish a Towing Safety Advisory Committee in the 
     Department of Transportation, approved October 6, 1980, (33 
     U.S.C. 1231a) is repealed.
       (c) Area Maritime Security Advisory Committees.--
       (1) In general.--Section 70112 of title 46, United States 
     Code, is amended--
       (A) in the heading, by striking ``Maritime Security 
     Advisory Committees'' and inserting ``Area Maritime Security 
     Advisory Committees'';
       (B) by amending subsection (a) to read as follows:
       ``(a) Establishment of Committees.--
       ``(1) The Secretary may--
       ``(A) establish an Area Maritime Security Advisory 
     Committee for any port area of the United States; and
       ``(B) request an Area Maritime Security Committee to review 
     the proposed Area Maritime Transportation Security Plan 
     developed under section 70103(b) and make recommendations to 
     the Secretary that the Committee considers appropriate.
       ``(2) Each Area Maritime Security Advisory Committee--
       ``(A) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to 
     maritime security in that area;
       ``(B) may make available to the Congress recommendations 
     that the Committee makes to the Secretary; and
       ``(C) shall meet at the call of--
       ``(i) the Secretary, who shall call such a meeting at least 
     once during each calendar year; or
       ``(ii) a majority of the Committee.'';
       (C) in subsection (b)--
       (i) in paragraph (1), by striking ``of the committees'' and 
     inserting ``Area Maritime Security Advisory Committee'';
       (ii) in paragraph (3)--

       (I) by striking ``such a committee'' and inserting ``an 
     Area Maritime Security Advisory Committee''; and
       (II) by striking ``the committee'' and inserting ``an Area 
     Maritime Security Advisory Committee'';

       (iii) in paragraph (4), by striking ``the Committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (iv) in paragraph (5)--

       (I) by striking subparagraph (A); and
       (II) in subparagraph (B), by striking ``(b)'' and indenting 
     appropriately;

       (D) in subsection (c)(1), by striking ``committee'' and 
     inserting ``Area Maritime Security Advisory Committee'';
       (E) by striking subsection (d);
       (F) by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively;
       (G) in subsection (d), as redesignated--
       (i) by striking ``the Committee'' and inserting ``an Area 
     Maritime Security Advisory Committee''; and
       (ii) by striking the period at the end and inserting ``for 
     an area.'';
       (H) in subsection (e), as redesignated--
       (i) in paragraph (1), by striking ``a committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (ii) in paragraph (2), by striking ``such a committee'' and 
     inserting ``an Area Maritime Security Advisory Committee''; 
     and
       (I) by amending subsection (f), as redesignated, to read as 
     follows:
       ``(f) Federal Advisory Committee Act; Termination Date.--
       ``(1) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) does not apply to Area Maritime Security Advisory 
     Committees established under this section.
       ``(2) Termination.--The Area Maritime Security Advisory 
     Committees shall terminate on September 30, 2027.''.
       (d) Table of Contents.--The table of contents of chapter 
     701 of title 46, United States Code, is amended in the item 
     relating to section 70112 by striking ``Maritime Security 
     Advisory Committees'' and inserting ``Area Maritime Security 
     Advisory Committees''.
       (e) Houston-Galveston Navigation Safety Advisory Committee; 
     Repeal.--Section 18 of the Coast Guard Authorization Act of 
     1991 (Public Law 102-241; 105 Stat. 2213) is repealed.
       (f) Transition of Coast Guard Advisory Committees.--
       (1) In general.--Notwithstanding the amendments made under 
     subsections (b) and (c) of this section, an advisory 
     committee described in paragraph (2) of this subsection shall 
     continue to be subject to the requirements under law to which 
     such advisory committee was subject as in effect on the day 
     before the date of enactment of this Act, including its 
     charter, and the members appointed to such advisory committee 
     shall continue to serve pursuant thereto, until the Secretary 
     of the department in which the Coast Guard is operating makes 
     the applicable appointments under sections 702 through 712 of 
     title 46, United States Code.
       (2) Coast guard advisory committees.--An advisory committee 
     described in this paragraph is as follows:
       (A) Chemical Transportation Advisory Committee.
       (B) Commercial Fishing Safety Advisory Committee 
     established under section 4508 of title 46, United States 
     Code.
       (C) Great Lakes Pilotage Advisory Committee established 
     under section 9307 of title 46, United States Code.
       (D) Lower Mississippi River Waterway Safety Advisory 
     Committee established under section 19 of the Coast Guard 
     Authorization Act of 1991 (Public Law 102-241; 105 Stat. 
     2215).
       (E) Merchant Marine Personnel Advisory Committee 
     established under section 8108 of title 46, United States 
     Code.
       (F) Merchant Mariner Medical Advisory Committee established 
     under section 7115 of title 46, United States Code.
       (G) National Boating Safety Advisory Council established 
     under section 13110 of title 46, United States Code.
       (H) National Maritime Security Advisory Committee 
     established under section 70112 of title 46, United States 
     Code.
       (I) National Offshore Safety Advisory Committee.
       (J) Navigation Safety Advisory Council established under 
     section 5 of the Inland Navigational Rules Act of 1980 (33 
     U.S.C. 2073).
       (K) Towing Safety Advisory Committee established under the 
     Act entitled the ``Act to establish a Towing Safety Advisory 
     Committee in the Department of Transportation'', approved 
     October 6, 1980 (33 U.S.C. 1231a).
       (3) Deadline.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall make the 
     appointments, and file any necessary charters, under sections 
     702 through 712 of title 46, United States Code.

     SEC. 3642. CLARIFICATION OF LOGBOOK AND ENTRY REQUIREMENTS.

       Section 11304 of title 46, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``an official logbook, which'' and 
     inserting ``a logbook, which may be in any form, including 
     electronic, and''; and
       (B) by inserting ``or a ferry, passenger vessel, or small 
     passenger vessel (as those terms are defined in section 
     2101)'' after ``Canada''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``log book'' and inserting ``logbook''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) Each illness or injury, the nature of the illness or 
     injury, and any medical treatment administered.''.

     SEC. 3643. TECHNICAL AMENDMENTS; LICENSES, CERTIFICATIONS OF 
                   REGISTRY, AND MERCHANT MARINER DOCUMENTS.

       Part E of subtitle II of title 46, United States Code, is 
     amended--
       (1) in section 7106(b), by striking ``merchant mariner's 
     document'' and inserting ``license'';
       (2) in section 7107(b), by striking ``merchant mariner's 
     document'' and inserting ``certificate of registry''; and
       (3) in section 7507(b)--
       (A) in paragraph (1), by striking ``licenses or 
     certificates of registry'' and inserting ``merchant mariner 
     documents''; and
       (B) in paragraph (2), by striking ``a merchant mariner's 
     document'' and inserting ``a license or a certificate of 
     registry.''.

     SEC. 3644. NUMBERING FOR UNDOCUMENTED BARGES.

       Chapter 121 of title 46, United States Code, is amended--
       (1) in section 12102--
       (A) in subsection (c), by adding at the end the following: 
     ``The Secretary may require such an undocumented barge more 
     than 100 gross tons operating on the navigable waters of the 
     United States to be numbered.''; and
       (B) in subsection (d), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of the department 
     in which the Coast Guard is operating''; and
       (2) in section 12301--
       (A) by striking subsection (b); and
       (B) by striking the subsection designation in subsection 
     (a) and indenting appropriately.

     SEC. 3645. EQUIPMENT REQUIREMENTS; EXEMPTION FROM THROWABLE 
                   PERSONAL FLOTATION DEVICES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall revise section 175.17 of title 33, Code of 
     Federal Regulations, to exempt paddleboards and rafts from 
     the requirement for carriage of an additional throwable 
     personal flotation device if each person is required to wear 
     a personal flotation device while under way and at least 1 
     rescue throw bag, as typically used in whitewater rafting, is 
     on board.

     SEC. 3646. ENSURING MARITIME COVERAGE.

       In order to meet Coast Guard mission requirements for 
     search and rescue, all-hazard incident response, and maritime 
     environmental response during recapitalization of Coast Guard 
     vessels, the Coast Guard shall ensure continuity of the 
     coverage, to the maximum extent practicable, in the locations 
     that may lose assets.

     SEC. 3647. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY 
                   COMPLIANCE PROGRAM.

       (a) In General.--Section 4503(d) of title 46, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``After January 1, 
     2020,'' and all that follows through ``the Secretary, if'' 
     and inserting ``Subject to paragraph (3), beginning on the 
     date that is 3 years after the date that the Secretary 
     prescribes an alternate safety compliance program, a fishing 
     vessel, fish processing vessel, or fish tender vessel to

[[Page S4489]]

     which section 4502(b) of this title applies shall comply with 
     the alternate safety compliance program if'';
       (2) in paragraph (2), by striking ``establishes standards 
     for an alternate safety compliance program, shall comply with 
     such an alternative safety compliance program that is 
     developed in cooperation with the commercial fishing industry 
     and prescribed by the Secretary'' and inserting ``prescribes 
     an alternate safety compliance program under paragraph (1), 
     shall comply with the alternate safety compliance program''; 
     and
       (3) by amending paragraph (3) to read as follows:
       ``(3) For purposes of paragraph (1), a separate alternate 
     safety compliance program may be developed for a specific 
     region or specific fishery.''.
       (b) Final Rule.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall issue a final rule 
     implementing the alternate to classing under section 4503(e) 
     of title 46, United States Code, as amended by subsection (a) 
     of this section.

     SEC. 3648. FISHING, FISH TENDER, AND FISH PROCESSING VESSEL 
                   CERTIFICATION.

       (a) Nonapplication.--Section 4503(c)(2)(A) of title 46, 
     United States Code, is amended by striking ``79'' and 
     inserting ``180''.
       (b) Determining When Keel Is Laid.--Section 4503 of title 
     46, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) For purposes of this section, a keel is laid when a 
     structure, adequate of serving as a keel for a vessel greater 
     than 79 feet in length is identified for use in the 
     construction of a specific vessel and is so affirmed by a 
     marine surveyor.''.

     SEC. 3649. TERMINATION OF UNSAFE OPERATIONS; TECHNICAL 
                   AMENDMENT.

       Section 4505 of title 46, United States Code, is amended by 
     striking ``4503(1)'' and inserting ``4503(a)''.

     SEC. 3650. INSTALLATION AND USE OF ENGINE CUT-OFF SWITCHES ON 
                   RECREATIONAL VESSEL.

       (a) Use of Engine Cut-off Switch Links.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall revise the regulations 
     under part 175 of title 33, Code of Federal Regulations, to 
     prohibit a person from operating a recreational vessel 25 
     feet or less in length unless--
       (A) the person is wearing an engine cut-off switch link 
     while operating on plane or above displacement speed; and
       (B) the engine cut-off switch is factory equipped on the 
     primary propulsion machinery.
       (2) Exceptions.--The requirement under paragraph (1) shall 
     not apply to the following:
       (A) A vessel 25 feet or less in length whose main helm is 
     installed within an enclosed cabin that would protect an 
     operator from being thrown overboard should the operator be 
     displaced from the helm.
       (B) A vessel with propulsion machinery developing static 
     thrust of less than 115 pounds or 3 horsepower.
       (C) A vessel that is not equipped with an engine cut-off 
     switch.
       (b) Installation of Engine Cut-off Switches.--The Secretary 
     of the department in which the Coast Guard is operating shall 
     revise the regulations under part 183 of title 33, Code of 
     Federal Regulations, to require an equipment manufacturer, 
     distributor, or dealer that installs propulsion machinery and 
     associate starting controls on a recreational vessel 25 feet 
     or less in length and capable of developing at least 115 
     pounds of static thrust to install an engine cut-off switch 
     on such recreational vessel in accordance with the American 
     Boat and Yacht Standard A-33, as amended.
       (c) Penalty.--A person that violates a regulation 
     promulgated under subsection (a)(1) of this section shall be 
     subject to a civil penalty under section 4311 of title 46, 
     United States Code, not to exceed--
       (1) $100 for the first offense;
       (2) $250 for the second offense; and
       (3) $500 for any subsequent offense.
       (d) Preemption.--In accordance with section 4306 of title 
     46, United States Code, a State may not establish, continue 
     in effect, or enforce any law or regulation addressing engine 
     cut-off switch requirements that is not identical to a 
     regulation prescribed under this section.
       (e) Definitions.--In this section:
       (1) Engine cut-off switch.--The term ``engine cut-off 
     switch'' means a mechanical or electronic device that is 
     connected to propulsion machinery that will stop propulsion 
     if--
       (A) the switch is not properly connected; or
       (B) the switch components are submerged in water or 
     separated from the switch by a predetermined distance.
       (2) Engine cut-off switch link.--The term ``engine cut-off 
     switch link'' means the equipment attached to the 
     recreational vessel operator and which activates the engine 
     cut-off switch.
       (f) Effective Dates.--A regulation prescribed under this 
     section shall specify an effective date that is not earlier 
     than 1 year from the date the regulation was published.

     SEC. 3651. VISUAL DISTRESS SIGNALS AND ALTERNATIVE USE.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall develop a performance 
     standard for the alternative use and possession of visual 
     distress alerting and locating signals as mandated by 
     carriage requirements for recreational boats in subpart C of 
     part 175 of title 33, Code of Federal Regulations.
       (b) Regulations.--Not later than 180 days after the 
     performance standard for alternative use and possession of 
     visual distress alerting and locating signals is finalized, 
     the Secretary shall revise part 175 of title 33, Code of 
     Federal Regulations, to allow for carriage of such 
     alternative signal devices.

     SEC. 3652. RENEWAL PERIOD FOR DOCUMENTED RECREATIONAL 
                   VESSELS.

       Section 12114 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d) Issuance of Certificate of Documentation.--The 
     Secretary of the department in which the Coast Guard is 
     operating is authorized to issue certificates of 
     documentation with effective periods of 1 year, 2 years, 3 
     years, 4 years, or 5 years.
       ``(1) Phased in issuance of certificates.--
       ``(A) In fiscal year 2019, vessel owners or operators with 
     vessel documentation numbers ending in 0, 1, 2, 3 shall be 
     qualified to apply for a renewal certificate of documentation 
     with an effective period of 5 years. Alternatively, vessel 
     owners or operators with vessel documentation numbers ending 
     in 0, 1, 2, 3 may elect to apply for a renewal certificate of 
     documentation with an effective period of 1 year, 2 years, 3 
     years, or 4 years. All other vessel owners and operators 
     shall be qualified to apply for an initial or renewal 
     certificate with an effective period of 1 year.
       ``(B) In fiscal year 2020, vessel owners or operators with 
     vessel documentation numbers ending in 4, 5, or 6 shall be 
     qualified to apply for a renewal certificate of documentation 
     with an effective period of 5 years. Alternatively, vessel 
     owners or operators with vessel documentation numbers ending 
     in 4, 5, or 6 may elect to apply for a renewal certificate of 
     documentation with an effective period of 1 year, 2 years, 3 
     years, or 4 years. All other vessel owners and operators 
     shall be qualified to apply for an initial or renewal 
     certificate with an effective period of 1 year.
       ``(C) In fiscal year 2021, vessel owners or operators with 
     vessel documentation numbers ending in 7, 8, or 9 shall be 
     qualified to apply for an initial or renewal certificate of 
     documentation with an effective period of 5 years. 
     Alternatively, vessel owners or operators with vessel 
     documentation numbers ending in 7, 8, or 9 may elect to apply 
     for an initial or renewal certificate of documentation with 
     an effective period of 1 year, 2 years, 3 years, or 4 years. 
     All other vessel owners and operators shall be qualified to 
     apply for an initial or renewal certificate with an effective 
     period of 1 year.
       ``(D) Starting in fiscal year 2022 all vessel owners and 
     operators shall be qualified to apply for a renewal 
     certificate of documentation with effective periods of 1 
     year, 2 years, 3 years, 4 years, or 5 years.
       ``(E) Starting in fiscal year 2019 vessel owners and 
     operators applying for an initial certificate of 
     documentation may apply for such documentation with an 
     effective period of 1 year, 2 years, 3 years, 4 years, or 5 
     years.
       ``(2) Application for renewal.--Applications for renewal 
     may be submitted no earlier than 90 days prior to the 
     expiration date of a certificate of documentation.
       ``(3) Fees.--
       ``(A) For fiscal years 2019 through 2021, the Secretary 
     shall collect the following fees from vessel owners or 
     operators:
       ``(i) For a certificate of documentation with an effective 
     period of 5 years the fee collected from the vessel owner or 
     operator shall be $130.
       ``(ii) For a certificate of documentation with an effective 
     period of 4 years the fee collected from the vessel owner or 
     operator shall be $104.
       ``(iii) For a certificate of documentation with an 
     effective period of 3 years the fee collected from the vessel 
     owner or operator shall be $78.
       ``(iv) For a certificate of documentation with an effective 
     period of 2 years the fee collected from the vessel owner or 
     operator shall be $52.
       ``(v) For a certificate of documentation with an effective 
     period of 1 year the fee collected from the vessel owner or 
     operator shall be $26.
       ``(B) For fiscal years 2022 and thereafter, such fees shall 
     be published in the Federal Register as a direct final rule. 
     Such rulemaking shall be exempt from the requirements of the 
     Administrative Procedure Act (Public Law 79-404; 60 Stat 
     237).
       ``(4) Funds availability.--Fees collected for the issuance 
     of certificates of documentation by the Secretary of the 
     department in which the Coast Guard is operating--
       ``(A) shall be deposited into the account that bore the 
     expense for issuance of such certificate of documentation; 
     and
       ``(B) shall be available until expended.''.

     SEC. 3653. EXCEPTION FROM SURVIVAL CRAFT REQUIREMENTS.

       Section 4502(b) of title 46, United States Code, is 
     amended--
       (1) in paragraph (2)(B), by striking ``a survival craft'' 
     and inserting ``subject to paragraph (3), a survival craft''; 
     and
       (2) by adding at the end the following:
       ``(3)(A) Except for a nonapplicable vessel, an auxiliary 
     craft shall satisfy the equipment requirement under paragraph 
     (2)(B) if--

[[Page S4490]]

       ``(i) it is necessary for normal fishing operations;
       ``(ii) is readily accessible during an emergency; and
       ``(iii) is capable of safely holding all individuals on 
     board the vessel, in accordance with the Coast Guard capacity 
     rating, when applicable.
       ``(B) In this paragraph, the term `nonapplicable vessel' 
     means a vessel that is--
       ``(i) operating outside of 12 nautical miles; and
       ``(ii) required by the Secretary to have an inflatable life 
     raft.''.

     SEC. 3654. INLAND WATERWAY AND RIVER TENDER, AND BAY CLASS 
                   ICEBREAKER ACQUISITION PLAN.

       (a) Acquisition Plan.--Not later than 545 days after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a plan to replace the aging fleet of inland 
     waterway and river tenders, and the bay class icebreakers.
       (b) Contents.--The plan described in subsection (a) shall 
     include--
       (1) a schedule for the acquisition to begin;
       (2) the date the first vessel will be delivered;
       (3) the date the acquisition will be complete;
       (4) a description of the order and location of 
     replacements;
       (5) an estimate of the cost per vessel and for total 
     acquisition program of record; and
       (6) an analysis of whether existing vessels can be used.

     SEC. 3655. ARCTIC PLANNING CRITERIA.

       (a) Alternative Planning Criteria.--
       (1) In general.--The Commandant of the Coast Guard may 
     approve a vessel response plan for the area covered by the 
     Captain of the Port Zone that includes the Arctic, for 
     purposes of complying with the Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.), if the Commandant--
       (A) verifies that equipment included in the plan has been 
     tested and proven capable of operating in the environmental 
     conditions expected in the area in which it is intended to be 
     operated; and
       (B) verifies that training has been conducted by the 
     equipment operators on the equipment listed in the plan 
     within the geographic boundaries of the Captain of the Port 
     Zone that includes the Arctic.
       (2) Post-approval requirements.--For each plan approved 
     under paragraph (1)--
       (A) the oil spill removal organization listed in the vessel 
     response plan shall conduct regular exercises and drills of 
     the plan in the area covered by the Captain of the Port Zone 
     that includes the Arctic; or
       (B) the oil spill removal organization listed in the vessel 
     response plan may take credit for responses to actual spills 
     or releases in the area covered by the Captain of the Port 
     Zone that includes the Arctic instead of conducting regular 
     exercises and drills of the plan, if the oil spill removal 
     organization--
       (i) documents which exercise requirements were met during 
     the response; and
       (ii) submits a request for credit to and receives approval 
     from the Commandant.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the oil spill prevention and 
     response capabilities for the area covered by the Captain of 
     the Port Zone that includes the Arctic.
       (2) Contents.--The report shall include the following:
       (A) A description of equipment and assets available for oil 
     spill response under the vessel response plans approved for 
     vessels operating in the Captain of the Port Zone, including 
     details on the provider of such equipment and assets.
       (B) A description of the location of equipment and assets 
     that are to be deployed, including an estimate of the time to 
     deploy the equipment and assets.
       (C) A determination on the degree of how effectively the 
     oil spill equipment and assets are distributed throughout the 
     Captain of the Port Zone.
       (D) A statement on whether the ability to maintain and 
     deploy equipment and assets is taken into account when 
     measuring the level of equipment available throughout the 
     Captain of the Port Zone.
       (E) Validation of port assessment visit process and 
     response resource inventory for oil spill response under the 
     vessel response plans approved for vessels operating in the 
     Captain of the Port Zone.
       (F) A determination of the compliance rate with Federal 
     vessel response plan regulations in the Captain of the Port 
     Zone in the previous 3 years.
       (G) A description of the resources need throughout the 
     Coast Guard to conduct port assessments, exercises, response 
     plan review, and spill responses.
       (c) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term under section 112 
     of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
     4111).

     SEC. 3656. FISHING SAFETY GRANT PROGRAMS.

       (a) Fishing Safety Training Grant Program.--Section 
     4502(i)(4) of title 46, United States Code, is amended by 
     striking ``2015 through 2017'' and inserting ``2015 through 
     2019''.
       (b) Fishing Safety Research Grant Program.--Section 
     4502(j)(4) of title 46, United States Code, is amended by 
     striking ``2015 through 2017'' and inserting ``2015 through 
     2019''.

     SEC. 3657. SAFETY STANDARDS.

       Section 4502(f) of title 46, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by striking paragraph (2), and inserting the following:
       ``(2) shall examine at dockside a vessel described in 
     subsection (b) at least once every 5 years, but may require 
     an exam at dockside every 2 years for certain vessels 
     described in subsection (b) requested by the owner or 
     operator;
       ``(3) shall issue a certificate of compliance to a vessel 
     meeting the requirements of this chapter and satisfying the 
     requirements in paragraph (2); and''.

     SEC. 3658. COMMERCIAL FISHING VESSEL SAFETY OUTREACH 
                   STRATEGY.

       (a) Requirement for Strategy.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     develop and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a national communications plan for the 
     purposes of--
       (1) disseminating information to the commercial fishing 
     vessel industry;
       (2) conducting outreach with the commercial fishing vessel 
     industry;
       (3) facilitating interaction with the commercial fishing 
     vessel industry; and
       (4) releasing information collected under section 703 of 
     title 46, United States Code, as amended by this Act, to the 
     commercial fishing vessel industry.
       (b) Content.--The plan required by subsection (a), and each 
     annual update, shall--
       (1) employ all available staff, resources, and systems 
     available to the Secretary to ensure the widest dissemination 
     of information to the commercial fishing vessel industry;
       (2) be individually adapted as necessary by Captain of the 
     Port Zone to ensure the most effective strategy and means to 
     communicate with commercial fishing vessel industry;
       (3) include a means to document all communication and 
     outreach conducted with the commercial fishing vessel 
     industry; and
       (4) include a mechanism to measure effectiveness of such 
     plan.
       (c) Updates.--The Secretary of the department in which the 
     Coast Guard is operating shall--
       (1) update and submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives the plan required by subsection (a) not less 
     frequently than once each year; and
       (2) include input from individual Captains of the Port and 
     any feedback received from the commercial fishing vessel 
     industry under subsection (b)(3).

     SEC. 3659. CONSISTENCY IN MARINE INSPECTIONS.

       (a) Definition of Officer in Charge, Marine Inspection.--In 
     this section, the term ``Officer in Charge, Marine 
     Inspection'' has the meaning given the term in section 50.10-
     10 of title 46, Code of Federal Regulations.
       (b) In General.--The Commandant of the Coast Guard shall 
     make it a priority to interpret regulations and standards, 
     with respect to inspections, enforcement, and administration 
     under subtitle II of title 46, United States Code, and title 
     33, United States Code, consistently between all Officers in 
     Charge, Marine Inspections to avoid disruption and undue 
     expense to industry.
       (c) Discrepancies.--
       (1) In general.--Efforts to resolve any disagreements 
     regarding the existing condition of a vessel should be made 
     between the local Officer in Charge, Marine Inspection 
     conducting an inspection and the Officer in Charge, Marine 
     Inspection that issued the most recent Certificate of 
     Inspection or the Marine Safety Center, unless there is a 
     justifiable safety concern.
       (2) Good faith efforts.--The Officer in Charge, Marine 
     Inspection shall make a good faith effort to resolve the 
     discrepance, if possible, or submit a justification for the 
     discrepancy to the Commandant of the Coast Guard, via the 
     cognizant District Commander, before a decision on the appeal 
     is made.
       (d) Appeals From Decisions or Actions.--The Coast Guard 
     shall provide the necessary information regarding the right 
     of appeal to any person affected by an Office in Charge, 
     Marine Inspection or Marine Safety Center for any unresolved 
     discrepancy and facilitate the process for appealing that 
     decision or action under parts 1 through 4 of title 46, Code 
     of Federal Regulations.
       (e) Report on Marine Inspector Training.--Not later than 1 
     year after the date of enactment of this Act, the Commandant 
     of the Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the training, experience, and 
     qualifications required for assignment as a marine inspector 
     under section 57 of title 14, United States Code, including--

[[Page S4491]]

       (1) a description of any continuing education requirement, 
     including a specific list of the courses;
       (2) a description of the training, including a specific 
     list of the courses, offered to a journeyman or an advanced 
     journeyman marine inspector to advance inspection expertise;
       (3) a description of any training that was offered in the 
     15-year period before the date of enactment of this Act, but 
     is no longer required or offered, including a specific list 
     of the courses, including the senior marine inspector course 
     and any plan review courses;
       (4) a justification for why a course described in paragraph 
     (3) is no longer required or offered; and
       (5) a list of the course content the Commandant considers 
     necessary to promote consistency among marine inspectors in 
     an environment of increasingly complex vessels and vessel 
     systems.

                     Subtitle D--Maritime Security

     SEC. 3661. MARITIME BORDER SECURITY COOPERATION.

       The Secretary of the department in which the Coast Guard is 
     operating shall, in accordance with law--
       (1) partner with other Federal, State, and local government 
     agencies to leverage existing technology, including camera 
     systems and other sensors, to provide continuous monitoring 
     of high-risk maritime borders, as determined by the 
     Secretary; and
       (2) enter into such agreements as the Secretary considers 
     necessary to ensure 24-hour monitoring of such technology.

     SEC. 3662. CURRENCY DETECTION CANINE TEAM PROGRAM.

       (a) Definitions.--In this section:
       (1) Canine currency detection team.--The term ``canine 
     currency detection team'' means a canine and a canine handler 
     that are trained to detect currency.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a 
     program to allow the use of canine currency detection teams 
     for purposes of Coast Guard maritime law enforcement and 
     maritime security operations, including underway vessel 
     boardings.
       (c) Operation.--The Secretary may cooperate with, or enter 
     into an agreement with, the head of another Federal agency to 
     meet the requirements under subsection (b).

     SEC. 3663. CONFIDENTIAL INVESTIGATIVE EXPENSES.

       Section 658 of title 14, United States Code, is amended by 
     striking ``$45,000'' and inserting ``$250,000''.

     SEC. 3664. MONITORING OF ILLEGAL, UNREPORTED, AND UNREGULATED 
                   FISHING.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall conduct a 1-year pilot 
     program to determine the impact of persistent use of 
     different types of surveillance systems on illegal maritime 
     activities in the Western Pacific regions.
       (b) Requirements.--The pilot program shall--
       (1) consider using light aircraft-based detection systems 
     which can identify potential illegal activity from higher 
     altitudes and produce enforcement-quality evidence at lower 
     altitudes; and
       (2) be directed at detecting and deterring illegal, 
     unreported, and unregulated fishing and enhancing maritime 
     domain awareness.

     SEC. 3665. STRATEGIC ASSETS IN THE ARCTIC.

       (a) Definition of Arctic.--In this section, the term 
     ``Arctic'' has the meaning given the term in section 112 of 
     the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Arctic continues to grow in significance to both 
     the national security interests and the economic prosperity 
     of the United States; and
       (2) the Coast Guard must ensure it is positioned to respond 
     to any accident, incident, or threat with appropriate assets.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard, in 
     consultation with the Secretary of Defense and taking into 
     consideration the Department of Defense 2016 Arctic Strategy, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress toward implementing 
     the strategic objectives described in the United States Coast 
     Guard Arctic Strategy dated May 2013.
       (d) Contents.--The report under subsection (c) shall 
     include--
       (1) a description of the Coast Guard's progress toward each 
     strategic objective;
       (2) plans to provide communications throughout the entire 
     Coastal Western Alaska Captain of the Port zone to improve 
     waterway safety and mitigate close calls, collisions, and 
     other dangerous interactions between the shipping industry 
     and subsistence hunters;
       (3) plans to prevent marine casualties, when possible, by 
     ensuring vessels avoid environmentally sensitive areas and 
     permanent security zones;
       (4) an explanation of--
       (A) whether it is feasible to establish a vessel traffic 
     service, using existing resources or otherwise; and
       (B) whether an Arctic Response Center of Expertise is 
     necessary to address the gaps in experience, skills, 
     equipment, resources, training, and doctrine to prepare, 
     respond to, and recover spilled oil in the Arctic;
       (5) an assessment of whether sufficient agreements are in 
     place to ensure the Coast Guard is receiving the information 
     it needs to carry out its responsibilities;
       (6) an assessment of the assets and infrastructure 
     necessary to meet the strategic objectives identified in the 
     United States Coast Guard Arctic Strategy dated May 2013 
     based on factors such as--
       (A) response time;
       (B) coverage area;
       (C) endurance on scene;
       (D) presence; and
       (E) deterrence; and
       (7) an analysis of National Security Cutters, Offshore 
     Patrol Cutters, and Fast Response Cutters capabilities based 
     on the factors described in subparagraphs (A) through (E) of 
     paragraph (6), both stationed from various Alaska ports and 
     in other locations.

     SEC. 3666. FLEET REQUIREMENTS ASSESSMENT AND STRATEGY.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in consultation with 
     interested Federal and non-Federal stakeholders, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     including--
       (1) an assessment of Coast Guard at-sea operational fleet 
     requirements to support its statutory missions established in 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and
       (2) a strategic plan for meeting the requirements 
     identified under paragraph (1).
       (b) Contents.--The report under subsection (a) shall 
     include--
       (1) an assessment of--
       (A) the extent to which the Coast Guard at-sea operational 
     fleet requirements are currently being met;
       (B) the Coast Guard's current fleet, its operational 
     lifespan, and how the aging of the fleet will impact at-sea 
     operational needs;
       (C) fleet operations and recommended improvements to 
     minimize costs and extend operational vessel life spans; and
       (D) actual cutter requirements for the Fast Response 
     Cutter, the Offshore Patrol Cutter, and the National Security 
     Cutter to meet at-sea operational needs as compared to 
     planned acquisitions under the current programs of record;
       (2) an analysis of--
       (A) how the Coast Guard at-sea operational fleet 
     requirements are currently met, including the use of the 
     Coast Guard's current cutter fleet, agreements with partners, 
     chartered vessels, and unmanned vehicle technology; and
       (B) how existing and planned cutter programs of record meet 
     the at-sea operational requirements, including the Fast 
     Response Cutter, the Offshore Patrol Cutter, and the National 
     Security Cutter; and
       (3) a description of--
       (A) planned manned and unmanned vessel acquisition; and
       (B) how such acquisitions will change the extent to which 
     the Coast Guard at-sea operational requirements are met.
       (c) Consultation and Transparency.--
       (1) Consultation.--In consulting with the Federal and non-
     Federal stakeholders under subsection (a), the Secretary of 
     the department in which the Coast Guard is operating shall--
       (A) provide the stakeholders with opportunities for input--
       (i) prior to initially drafting the report, including the 
     assessment and strategic plan; and
       (ii) not later than 3 months prior to finalizing the 
     report, including the assessment and strategic plan, for 
     submission; and
       (B) document the input and its disposition in the report.
       (2) Transparency.--All input provided under paragraph (1) 
     shall be made available to the public.

     SEC. 3667. COMPTROLLER GENERAL REPORT ON CERTAIN TASK FORCES.

       (a) Findings.--Congress finds that the Joint Interagency 
     Task Force South (referred to in this section as the ``JIATF-
     South'') is an exemplary program that executes its counter-
     narcotics mission with distinction and in a cost-effective 
     manner.
       (b) Study.--The Comptroller General of the United States 
     shall study each of the following task forces and compare the 
     execution of the task force's counter-narcotics and illegal 
     migrant operation to that of the JIATF-South:
       (1) The Joint Interagency Task Force West (referred to in 
     this section as the ``JIATF-West'').
       (2) The Department of Homeland Security's Joint Task Forces 
     (referred to in this section as the ``DHS-JTF'').
       (c) Contents.--In conducting the study under subsection 
     (b), the Comptroller General shall, at a minimum--
       (1) review the JIATF-West Counternarcotics Operations 
     Center and its performance of its mission to support counter-
     narcotics missions by United States law enforcement agencies;
       (2) compare the JIATF-West, DHS-JTFs, and JIATF-South 
     organizational and manning structure;
       (3) assess the JIATF-West's current organizational and 
     manning structure as it relates

[[Page S4492]]

     to JIATF-West's ability to conduct counter-narcotics 
     missions;
       (4) review the JIATF-West's December 2015-May 2017 
     reorganization initiative and its impact, if any, on 
     improving mission performance;
       (5) review the JIATF-West's leadership, including an 
     assessment of--
       (A) the role of a Coast Guard flag officer as the director 
     as compared to the Coast Guard's role in JIAFT-South; and
       (B) the process used by the JIATF-West for developing and 
     implementing its December 2015-May 2017 reorganization 
     initiative, including how it assessed progress and solicited 
     feedback on the initiative;
       (C) its general management and personnel practices, and 
     their impact, if any, on mission performance;
       (6) include recommendations for improving the JIATF-West's 
     performance; and
       (7) review whether there is any redundancy between DHS-JTF 
     and JIATF-South or JIATF-West.
       (d) Report.--The Comptroller General shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the findings of 
     the study under subsection (b), including any recommendations 
     for improving the counter-narcotics and illegal migrant 
     operations of the JIATF-West or DHS-JTF.

     SEC. 3668. SAFETY OF VESSELS OF THE ARMED FORCES.

       (a) In General.--Section 91 of title 14, United States 
     Code, is amended--
       (1) in the heading, by striking ``naval vessels'' and 
     inserting ``vessels of the armed forces'';
       (2) in subsection (a), by striking ``United States naval 
     vessel'' and inserting ``vessel of the armed forces''; and
       (3) in subsection (b)--
       (A) by striking ``senior naval officer present in command'' 
     and inserting ``senior officer present in command''; and
       (B) by striking ``United States naval vessel'' and 
     inserting ``vessel of the armed forces''.
       (b) Table of Contents.--The table of contents of chapter 5 
     of title 14, United States Code, is amended by amending the 
     item relating to section 91 to read as follows:

``91. Safety of vessels of the armed forces.''.

     SEC. 3669. PROTECTING AGAINST UNMANNED AIRCRAFT.

       (a) Protecting Against Unmanned Aircraft.--Chapter 5 of 
     title 14, United States Code, is amended by inserting after 
     section 91, the following:

     ``Sec. 91A. Protecting against unmanned aircraft

       ``(a) Authority.--Notwithstanding title 18 (including 
     section 32 (commonly known as the Aircraft Sabotage Act), 
     section 1030 (commonly known as the Computer Fraud and Abuse 
     Act), sections 2510-2522 (commonly known as the Wiretap Act), 
     and sections 3121-3127 (commonly known as the Pen/Trap 
     Statute)), and section 46502 of title 49, the Secretary, or 
     the Secretary's designee, may take such action as necessary 
     to mitigate, prevent, or respond to the operation of an 
     unmanned aircraft that could interfere with the security or 
     safe navigation of--
       ``(1) any vessel or aircraft of the Coast Guard; or
       ``(2) any vessel the Coast Guard is assisting or escorting.
       ``(b) Remedy.--
       ``(1) In general.--The exclusive remedy for any cause of 
     action by the owner or operator of an unmanned aircraft 
     arising from such action as necessary taken under this 
     section shall be limited to the monetary value of the 
     unmanned aircraft at the time such action as necessary is 
     taken.
       ``(2) Indemnification.--The senior member present and all 
     persons acting under that officer's direction shall be 
     indemnified from any penalties or actions for damages arising 
     from such action as necessary taken under this section.
       ``(c) Policy Development.--The Secretary, in coordination 
     with the Secretary of Transportation, shall develop policy 
     for the actions authorized in subsection (a).
       ``(d) Notice.--
       ``(1) In general.--Any notice, regulation, or amendment to 
     an existing regulation promulgated pursuant to this section 
     shall be deemed a military function of the United States, and 
     the Secretary shall promulgate such notice, regulation, or 
     amendment without regard to chapters 5 and 6 of title 5, and 
     Executive Orders 12866 and 13563.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to require the Secretary of Homeland Security to 
     publish information concerning any aspect of any assistance 
     or escort that the Coast Guard may conduct.
       ``(e) Penalties.--Any person who operates an unmanned 
     aircraft which interferes with the security or safe 
     navigation of a vessel or aircraft described in subsection 
     (a) shall be subject to a civil penalty or criminal penalty.
       ``(1) Civil penalty.--
       ``(A) Any person whom Secretary the finds, after notice and 
     an opportunity for a hearing, to have violated this section 
     or a regulation issued hereunder shall be liable to the 
     United States for a civil penalty, not to exceed $25,000 for 
     each violation. The amount of such civil penalty shall be 
     assessed by the Secretary, or the Secretary's designee, by 
     written notice. In determining the amount of such penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and such other matters as justice may require.
       ``(B) The Secretary may compromise, modify, or remit, with 
     or without conditions, any civil penalty which is subject to 
     imposition or which has been imposed under this section.
       ``(C) If any person fails to pay an assessment of a civil 
     penalty after it has become final, the Secretary may refer 
     the matter to the Attorney General of the United States, for 
     collection in any appropriate district court of the United 
     States.
       ``(2) Criminal penalty.--
       ``(A) Any person who willfully and knowingly violates this 
     section or any regulation issued hereunder commits a class D 
     felony.
       ``(B) Any person who, in the willful and knowing violation 
     of this section or of any regulation issued hereunder engages 
     in conduct that causes bodily injury to any person or damage 
     to any vessel or aircraft described in subsection (a) commits 
     a class C felony.
       ``(f) Definitions.--In this section:
       ``(1) Interfere.--The term `interfere', with respect to 
     security or safe navigation, means--
       ``(A) inflict or otherwise cause physical harm to a person;
       ``(B) inflict or otherwise cause damage to a vessel or 
     aircraft described in subsection (a);
       ``(C) impede the operation of a vessel or aircraft 
     described in subsection (a), including the diversion of a 
     crewmember from a duty related to such vessel or aircraft;
       ``(D) conduct unauthorized surveillance or reconnaissance; 
     or
       ``(E) result in unauthorized access to, or disclosure of, 
     classified, or otherwise lawfully protected information.
       ``(2) Such action as necessary.--The term `such action as 
     necessary' means any action to disable, disrupt or exercise 
     control of, seize, or destroy an unmanned aircraft.
       ``(3) Unmanned aircraft.--The term`unmanned aircraft' has 
     the meaning given the term in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).''.
       (b) Technical and Conforming Amendments.--Title 14, United 
     States Code, is amended--
       (1) in the heading for section 91, by striking ``naval 
     vessels'' and inserting ``vessels of the armed forces''; and
       (2) in the analysis for chapter 5--
       (A) in the item relating to section 91, by striking ``naval 
     vessels'' and inserting ``vessels of the armed forces''; and
       (B) by inserting, after the item relating to section 91, 
     the following:

``91A. Protecting against unmanned aircraft.''.

     SEC. 3670. JURISDICTION AND VENUE.

       Section 70504(b) of title 46, United States Code, is 
     amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the district court of the United States for--'' and 
     inserting ``in any district court of the United States.''; 
     and
       (2) by striking paragraphs (1) and (2).

                       Subtitle E--Miscellaneous

     SEC. 3681. SHIP SHOAL LIGHTHOUSE TRANSFER; REPEAL.

       Section 27 of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241; 105 Stat. 2218) is repealed.

     SEC. 3682. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

       (a) Expedited Hiring Authority.--
       (1) In general.--Chapter 15 of title 14, United States 
     Code, is amended by inserting after section 563 the 
     following:

     ``Sec. 563a. Acquisition workforce expedited hiring authority

       ``For purposes of section 3304 of title 5, the Commandant 
     of the Coast Guard may--
       ``(1) designate any category of acquisition positions 
     within the Coast Guard as shortage category positions; and
       ``(2) use the authorities in such section to recruit and 
     appoint highly qualified persons directly to positions so 
     designated.''.
       (2) Table of contents.--The table of contents of chapter 15 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 563 the following:

``563a. Acquisition workforce expedited hiring authority.''.
       (3) Repeal.--Section 404 of the Coast Guard Authorization 
     Act of 2010 (Public Law 111-281; 124 Stat. 2950) is repealed.
       (b) Acquisition Workforce Reemployment Authority.--
       (1) In general.--Chapter 15 of title 14, as amended by 
     subsection (a) of this section, is further amended by 
     inserting after section 563a the following:

     ``Sec. 563b. Acquisition workforce reemployment authority

       ``(a) In General.--Except as provided in subsection (b), if 
     an annuitant receiving an annuity from the Civil Service 
     Retirement and Disability Fund becomes employed in any 
     category of acquisition positions designated by the 
     Commandant of the Coast Guard under section 563a of this 
     title, the annuity of an annuitant so employed shall 
     continue. An annuitant so reemployed shall not be considered 
     an employee for purposes of subchapter III of chapter 83 or 
     chapter 84 of title 5.
       ``(b)(1) Election.--An annuitant retired under section 
     8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity 
     from the Civil Service Retirement and Disability Fund, who 
     becomes employed in a position within

[[Page S4493]]

     the Coast Guard after the date of enactment of the National 
     Defense Authorization Act for Fiscal Year 2018', may elect to 
     be subject to section 8344 or 8468 of such title (as the case 
     may be).
       ``(A) Deadline.--An election for coverage under this 
     subsection shall be filed not later than 90 days after the 
     Commandant takes reasonable actions to notify employees who 
     may file an election.
       ``(B) Coverage.--If an employee files an election under 
     this subsection, coverage shall be effective beginning on the 
     first day of the first applicable pay period beginning on or 
     after the date of the filing of the election.
       ``(2) Application.--Paragraph (1) shall apply to an 
     individual who is eligible to file an election under 
     paragraph (1) and does not file a timely election under this 
     subsection.''.
       (2) Table of contents.--The table of contents of chapter 15 
     of title 14, United States Code, as amended in subsection (a) 
     of this section, is further amended by inserting after the 
     item relating to section 563a the following:

``563b. Acquisition workforce reemployment authority.''.

     SEC. 3683. DRAWBRIDGES.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure the public is made aware of any temporary 
     change to a drawbridge operating schedule; and
       (2) to ensure the operators are maintaining logbook records 
     of drawbridge movement.
       (b) Temporary Changes to Drawbridge Operating Schedules.--
     Section 5 of the Act entitled ``An Act making appropriations 
     for the construction, repair, and preservation of certain 
     public works on rivers and harbors, and for other purposes'', 
     approved August 18, 1894 (33 U.S.C. 499), is amended by 
     adding at the end the following--
       ``(d) Temporary Changes to Drawbridge Operating 
     Schedules.--Notwithstanding section 553 of title 5, United 
     States Code, whenever a temporary change to the operating 
     schedule of a drawbridge, lasting 180 days or less--
       ``(1) is approved--
       ``(A) the Secretary of the department in which the Coast 
     Guard is operating shall--
       ``(i) issue a deviation approval letter to the bridge 
     owner; and
       ``(ii) announce the temporary change in--

       ``(I) the Local Notice to Mariners;
       ``(II) broadcast notices to mariners through radio 
     stations; or
       ``(III) such other local media as the Secretary considers 
     appropriate; and

       ``(B) the bridge owner, except a railroad bridge owner, 
     shall notify--
       ``(i) the public by publishing notice of the temporary 
     change in a newspaper of general circulation published in the 
     place where the bridge is located;
       ``(ii) the department, agency, or office of transportation 
     with jurisdiction over the roadway that abuts the approaches 
     to the bridge; and
       ``(iii) the law enforcement organization with jurisdiction 
     over the roadway that abuts the approaches to the bridge; or
       ``(2) is denied, the Secretary of the department in which 
     the Coast Guard is operating shall--
       ``(A) not later than 10 days after the date of receipt of 
     the request, provide the bridge owner in writing the reasons 
     for the denial, including any supporting data and evidence 
     used to make the determination; and
       ``(B) provide the bridge owner a reasonable opportunity to 
     address each reason for the denial and resubmit the request.
       ``(e) Drawbridge Movements.--The Secretary of the 
     department in which the Coast Guard is operating--
       ``(1) shall require a drawbridge operator to record each 
     movement of the drawbridge in a logbook;
       ``(2) may inspect the log to ensure drawbridge movement is 
     in accordance with the posted operating schedule;
       ``(3) shall review whether deviations from the posted 
     operating schedule are impairing vehicular and pedestrian 
     traffic; and
       ``(4) may determine if the operating schedule should be 
     adjusted for efficiency of maritime or vehicular and 
     pedestrian traffic.
       ``(f) Requirements.--
       ``(1) Records.--An operator of a drawbridge built across a 
     navigable river or other water of the United States--
       ``(A) that opens the draw of such bridge for the passage of 
     a vessel, shall maintain for not less than 5 years a logbook 
     record of--
       ``(i) the bridge identification and date of each opening;
       ``(ii) the bridge tender or operator for each opening;
       ``(iii) each time it is opened for navigation;
       ``(iv) each time it is closed for navigation;
       ``(v) the number and direction of vessels passing through 
     during each opening;
       ``(vi) the types of vessels passing through during each 
     opening;
       ``(vii) an estimated or known size (height, length, and 
     beam) of the largest vessel passing through during each 
     opening;
       ``(viii) for each vessel, the vessel name and registration 
     number if easily observable; and
       ``(ix) all maintenance openings, malfunctions, or other 
     comments; and
       ``(B) that remains open to navigation but closes to allow 
     for trains to cross, shall maintain for not less than 5 years 
     a record of--
       ``(i) the bridge identification and date of each opening;
       ``(ii) the bridge tender or operator;
       ``(iii) each time it is opened to navigation;
       ``(iv) each time it is closed to navigation; and
       ``(v) all maintenance openings, malfunctions, or other 
     comments.
       ``(2) Submission of records.--At the request of the 
     Secretary of the department in which the Coast Guard is 
     operating, a drawbridge operator shall submit to the 
     Secretary such logbook records under paragraph (1) as the 
     Secretary considers necessary to carry out this section.
       ``(3) Exemption.--The requirements under paragraph (1) of 
     this section shall be exempt from sections 3501 through 3521 
     of title 44, United States Code.''.

     SEC. 3684. INCENTIVE CONTRACT; COAST GUARD YARD AND 
                   INDUSTRIAL ESTABLISHMENTS.

       (a) In General.--Whenever the parties to a project order 
     for industrial work to be performed by the Coast Guard Yard 
     or a designated Coast Guard industrial establishment agree 
     that delivery or technical performance of the wage-grade 
     industrial employees may, during the term of such project 
     order, improve, the parties to such project order may, 
     notwithstanding any other provision of law, including any 
     provision of law that provides for the time or purpose of 
     appropriated funds, enter into an incentive project order or 
     a cost-plus-incentive-fee project order by which an agreed 
     upon amount of the adjustment to be made pursuant to section 
     648(a) of title 14, United States Code, may, notwithstanding 
     that provision of law or any other provision of law, be 
     distributed as an incentive to the wage-grade industrial 
     employees who completed the project order.
       (b) Condition.--Before entering into an incentive project 
     order or a cost-plus-incentive-fee project order, the 
     commanding officer of the Coast Guard Yard or the commanding 
     officer of the Coast Guard industrial establishment, as the 
     case may be, shall complete a determination and finding for 
     such incentive project order or cost-plus-incentive-fee 
     project order that justifies the use of such project order as 
     in the best interest of the Federal Government.
       (c) Treatment of Incentive Award.--Notwithstanding any 
     other provision of law, in the event that the industrial 
     workforce of the Coast Guard Yard or a Coast Guard industrial 
     establishment satisfies the performance target set out in an 
     incentive project order or a cost-plus-incentive-fee project 
     order--
       (1) the adjustment to be made pursuant to section 648(a) of 
     title 14, United States Code, shall, notwithstanding that 
     provision of law, be reduced by the agreed amount and 
     distributed as an incentive to such wage-grade industrial 
     employees; and
       (2) the remainder of the adjustment shall be credited to 
     the appropriation current at that time.

     SEC. 3685. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE 
                   PORTABILITY.

       (a) In General.--Section 1094(d)(1) of title 10, United 
     States Code, shall apply in the same manner and to the same 
     degree as such section applies to a health-care professional 
     described in subsection (d)(2) of that section to a health-
     care professional described in subsection (b) of this 
     section.
       (b) Health-care Professional.--A health-care professional 
     described in this subsection is a member of the Coast Guard, 
     civilian employee of the Coast Guard, member of the Public 
     Health Service assigned to the Coast Guard, personal services 
     contractor under section 1091 of title 10, United States 
     Code, or other health-care professional credentialed and 
     privileged at a Federal health care institution or location 
     specially designated by the Secretary of the department in 
     which the Coast Guard is operating for this purpose who--
       (1) has a current license to practice medicine, osteopathic 
     medicine, dentistry, or another health profession; and
       (2) is performing authorized duties for the Coast Guard.

     SEC. 3686. LAND EXCHANGE; AYAKULIK ISLAND, ALASKA.

       (a) Land Exchange; Ayakulik Island, Alaska.--If the owner 
     of Ayakulik Island, Alaska, offers to exchange the Island for 
     the Tract--
       (1) within 10 days after receiving such offer, the 
     Secretary shall provide notice of the offer to the 
     Commandant;
       (2) within 60 days after receiving the notice under 
     paragraph (1), the Commandant shall develop and transmit to 
     the Secretary proposed operational restrictions on commercial 
     activity conducted on the Tract, including the right of the 
     Commandant to--
       (A) order the immediate termination, for a period of up to 
     72 hours, of any activity occurring on or from the Tract that 
     violates or threatens to violate 1 or more of such 
     restrictions; or
       (B) commence a civil action for appropriate relief, 
     including a permanent or temporary injunction enjoining the 
     activity that violates or threatens to violate such 
     restrictions;
       (3) within 30 days after receiving the proposed operational 
     restrictions from the Commandant, the Secretary shall 
     transmit such restrictions to the owner of Ayakulik Island; 
     and
       (4) within 30 days after transmitting the proposed 
     operational restrictions to the owner of Ayakulik Island, and 
     if the owner agrees to such restrictions, the Secretary

[[Page S4494]]

     shall convey all right, title, and interest of the United 
     States in and to the Tract to the owner, subject to an 
     easement granted to the Commandant to enforce such 
     restrictions, in exchange for all right, title, and interest 
     of such owner in and to Ayakulik Island.
       (b) Boundary Revisions.--The Secretary may make technical 
     and conforming revisions to the boundaries of the Tract 
     before the date of the exchange.
       (c) Public Land Order.--Effective on the date of an 
     exchange under subsection (a), Public Land Order 5550 shall 
     have no force or effect with respect to submerged lands that 
     are part of the Tract.
       (d) Failure to Timely Respond to Notice.--If the Commandant 
     does not transmit proposed operational restrictions to the 
     Secretary within 60 days after receiving the notice under 
     subsection (a)(1), the Secretary shall, by not later than 75 
     days after transmitting such notice, convey all right, title, 
     and interest of the United States in and to the Tract to the 
     owner of Ayakulik Island in exchange for all right, title, 
     and interest of such owner in and to Ayakulik Island.
       (e) CERCLA.--
       (1) In general.--This section and an exchange under this 
     section shall not be construed to limit the application of or 
     otherwise affect section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (2) Exemption.--Notwithstanding paragraph (1), the Coast 
     Guard shall be exempt from liability under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (f) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tract.--The term ``Tract'' means the land (including 
     submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE 
     AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE 
     PARCEL'' and dated March 22, 2017.

     SEC. 3687. ABANDONED SEAFARERS FUND AMENDMENTS.

       Section 11113 of title 46, United States Code, is amended--
       (1) in subsection (a)(2), by striking ``may be appropriated 
     to the Secretary'' in the matter before subparagraph (A) and 
     inserting ``shall be available to the Secretary without 
     further appropriation, and shall remain available until 
     expended,''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``plus a surcharge of 25 
     percent of such total amount,'' after ``seafarer,'' in the 
     matter preceding subparagraph (A); and
       (B) by striking paragraph (4).

     SEC. 3688. SMALL SHIPYARD CONTRACTS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by inserting after section 667 the 
     following:

     ``Sec. 667a. Construction of Coast Guard vessels and 
       assignment of vessel projects

       ``The assignment of Coast Guard vessel conversion, 
     alteration, and repair projects shall be based on economic 
     and military considerations and may not be restricted by a 
     requirement that certain parts of Coast Guard shipwork be 
     assigned to a particular type of shipyard or geographical 
     area or by a similar requirement.''.
       (b) Table of Contents.--The table of contents of chapter 17 
     of title 14, United States Code, is amended by inserting 
     after the item relating to section 667 the following:

``667a. Construction of Coast Guard vessels and assignment of vessel 
              projects.''.

     SEC. 3689. WESTERN CHALLENGER; CERTIFICATE OF DOCUMENTATION.

       Section 604(b) of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281; 128 Stat. 
     3062) is amended by inserting ``and a fisheries endorsement'' 
     after ``endorsement''.

     SEC. 3690. RADAR REFRESHER TRAINING.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall prescribe a final rule eliminating the 
     requirement that a mariner actively using the mariner's 
     credential complete an approved refresher or recertification 
     course to maintain a radar observer endorsement. This 
     rulemaking shall be exempt from chapters 5 and 6 of title 5, 
     United States Code, and Executive Orders 12866 and 13563.

     SEC. 3691. VESSEL RESPONSE PLAN AUDIT.

       (a) Requirement for Audit.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall complete and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives an audit of the verification and approval 
     process of the Coast Guard for vessel response plans required 
     under section 311 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321).
       (b) Review and Recommendations.--The audit required by 
     subsection (a) shall--
       (1) review and make recommendations regarding the 
     verification and approval process of the Coast Guard for 
     vessel response plans required under section 311 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321) for--
       (A) the current Coast Guard staffing model and organization 
     used for such process;
       (B) the amount of time expended by the Coast Guard 
     verifying and approving such vessel response plans; and
       (C) the amount of time expended by the Coast Guard for 
     verification and approval of a single such vessel response 
     plan; and
       (2) include a detailed analysis of--
       (A) such process beginning with initial submission from the 
     vessel through final approval;
       (B) how such process ensures compliance with applicable 
     statutes and regulations;
       (C) the role of local and regional Coast Guard units in 
     such process;
       (D) any public comment or other forms of engagement with 
     regional stakeholders, including State governments and Indian 
     tribes;
       (E) any engagement or utilization of Federal or State 
     agency resources and consultation, including weather data 
     systems, oil spill trajectory modeling, or risk management 
     information for the purposes of reviewing vessel response 
     plans;
       (F) how the Coast Guard verifies availability and 
     contractual obligation of resources required in a such a 
     vessel response plan;
       (G) the resources available and used by the Coast Guard to 
     verify operational capability and capacity of equipment 
     listed in a vessel response plan for the applicable operating 
     environment;
       (H) how the Coast Guard verifies alternate measures when a 
     vessel cannot meet the National Planning Criteria;
       (I) the weather data, modeling software, and information 
     systems available and used by the Coast Guard when 
     determining compliance for response resource mobilization 
     times stipulated in regulation;
       (J) how the Coast Guard factors in regional specific 
     adverse weather, as defined in section 155.1020 of title 33, 
     Code of Federal Regulations, in determining compliance for 
     response resource mobilization times stipulated in 
     regulation;
       (K) how the Coast Guard reviews and verifies previously 
     approved vessel response plans for compliance when there is a 
     change in statute or regulation which effects response 
     planning criteria or resource mobilization times;
       (L) the Coast Guard process for calculating compliance for 
     response resource mobilization times stipulated in statute 
     and regulation;
       (M) how the Coast Guard verifies availability and 
     compliance with response resource mobilization requirements 
     for different geographic regions;
       (N) how the Coast Guard ensures vessel response plans are 
     adapted and updated to account for new regional response 
     needs, such as regional trends of transportation of heavy 
     oils and volume of traffic;
       (O) the Coast Guard processes and actions taken if an 
     approved vessel response plan is discovered to be 
     noncompliant;
       (P) how such process could be improved; and
       (Q) the resources needed to improve such process.

     SEC. 3692. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL 
                   RESEARCH AND RESPONSE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall establish a Center of Expertise for Great Lakes Oil 
     Spill Preparedness and Response (referred to in this section 
     as the ``Center of Expertise'') in accordance with section 58 
     of title 14, United States Code.
       (b) Location.--The Center of Expertise shall be located in 
     close proximity to--
       (1) critical crude oil transportation infrastructure on and 
     connecting the Great Lakes, such as submerged pipelines and 
     high-traffic navigation locks; and
       (2) an institution of higher education with adequate 
     aquatic research laboratory facilities and capabilities and 
     expertise in Great Lakes aquatic ecology, environmental 
     chemistry, fish and wildlife, and water resources.
       (c) Functions.--The Center of Expertise shall--
       (1) monitor and assess, on an ongoing basis, the current 
     state of knowledge regarding freshwater oil spill response 
     technologies and the behavior and effects of oil spills in 
     the Great Lakes;
       (2) identify any significant gaps in Great Lakes oil spill 
     research, including an assessment of major scientific or 
     technological deficiencies in responses to past spills in the 
     Great Lakes and other freshwater bodies, and seek to fill 
     those gaps;
       (3) conduct research, development, testing, and evaluation 
     for freshwater oil spill response equipment, technologies, 
     and techniques to mitigate and respond to oil spills in the 
     Great Lakes;
       (4) educate and train Federal, State, and local first 
     responders located in United States Coast Guard District 9 
     in--
       (A) the incident command system structure;
       (B) Great Lakes oil spill response techniques and 
     strategies; and
       (C) public affairs; and
       (5) work with academic and private sector response training 
     centers to develop and standardize maritime oil spill 
     response training and techniques for use on the Great Lakes.
       (d) Definition.--In this section, the term ``Great Lakes'' 
     means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, 
     and Lake Ontario.

[[Page S4495]]

  


               Subtitle F--Department of Commerce Vessels

     SEC. 3701. WAIVERS FOR CERTAIN CONTRACTS.

       Section 3134 of title 40, United States Code, is amended--
       (1) by inserting ``Secretary of Homeland Security,'' after 
     ``Air Force,'' each place it appears; and
       (2) by adding at the end the following:
       ``(c) Commerce.--The Secretary of Commerce may waive this 
     subchapter with respect to contracts for the construction, 
     alteration, or repair of vessels, regardless of the terms of 
     the contracts as to payment or title, when the contract is 
     made under the Act entitled `An Act to define the functions 
     and duties of the Coast and Geodetic Survey, and for other 
     purposes', approved August 6, 1947 (33 U.S.C. 883a et 
     seq.).''.

   Subtitle G--Federal Maritime Commission Authorization Act of 2017

     SEC. 3711. SHORT TITLE.

       This subtitle may be cited as the ``Federal Maritime 
     Commission Authorization Act of 2017''.

     SEC. 3712. AUTHORIZATION OF APPROPRIATIONS.

       Section 308 of title 46, United States Code, is amended by 
     striking ``$24,700,000 for each of fiscal years 2016 and 
     2017'' and inserting ``$28,490,000 for each of fiscal years 
     2018 and 2019''.

     SEC. 3713. RECORD OF MEETINGS AND VOTES.

       (a) In General.--Section 303 of title 46, United States 
     Code, is amended to read as follows:

     ``Sec. 303. Meetings

       ``(a) In General.--The Federal Maritime Commission shall be 
     deemed to be an agency for purposes of section 552b of title 
     5.
       ``(b) Record.--The Commission, through its secretary, shall 
     keep a record of its meetings and the votes taken on any 
     action, order, contract, or financial transaction of the 
     Commission.
       ``(c) Nonpublic Collaborative Discussions.--
       ``(1) In general.--Notwithstanding section 552b of title 5, 
     a majority of the Commissioners may hold a meeting that is 
     not open to public observation to discuss official agency 
     business if--
       ``(A) no formal or informal vote or other official agency 
     action is taken at the meeting;
       ``(B) each individual present at the meeting is a 
     Commissioner or an employee of the Commission; and
       ``(C) the General Counsel of the Commission is present at 
     the meeting.
       ``(2) Disclosure of nonpublic collaborative discussions.--
     Except as provided under paragraph (3), not later than 2 
     business days after the conclusion of a meeting under 
     paragraph (1), the Commission shall make available to the 
     public, in a place easily accessible to the public--
       ``(A) a list of the individuals present at the meeting; and
       ``(B) a summary of the matters discussed at the meeting, 
     except for any matters the Commission properly determines may 
     be withheld from the public under section 552b(c) of title 5.
       ``(3) Exception.--If the Commission properly determines 
     matters may be withheld from the public under section 555b(c) 
     of title 5, the Commission shall provide a summary with as 
     much general information as possible on those matters 
     withheld from the public.
       ``(4) Ongoing proceedings.--If a meeting under paragraph 
     (1) directly relates to an ongoing proceeding before the 
     Commission, the Commission shall make the disclosure under 
     paragraph (2) on the date of the final Commission decision.
       ``(5) Preservation of open meetings requirements for agency 
     action.--Nothing in this subsection may be construed to limit 
     the applicability of section 552b of title 5 with respect to 
     a meeting of the Commissioners other than that described in 
     this subsection.
       ``(6) Statutory construction.--Nothing in this subsection 
     may be construed--
       ``(A) to limit the applicability of section 552b of title 5 
     with respect to any information which is proposed to be 
     withheld from the public under paragraph (2)(B) of this 
     subsection; or
       ``(B) to authorize the Commission to withhold from any 
     individual any record that is accessible to that individual 
     under section 552a of title 5.''.
       (b) Table of Contents.--The table of contents of chapter 3 
     of title 46, United States Code, is amended by amending the 
     item relating to section 303 to read as follows:

``303. Meetings.''.

     SEC. 3714. PUBLIC PARTICIPATION.

       (a) Notice of Filing.--Section 40304(a) of title 46, United 
     States Code, is amended to read as follows:
       ``(a) Notice of Filing.--Not later than 7 days after the 
     date an agreement is filed, the Federal Maritime Commission 
     shall--
       ``(1) transmit a notice of the filing to the Federal 
     Register for publication; and
       ``(2) request interested persons to submit relevant 
     information and documents.''.
       (b) Request for Information and Documents.--Section 
     40304(d) of title 46, United States Code, is amended by 
     striking ``section'' and inserting ``part''.
       (c) Saving Clause.--Nothing in this section, or the 
     amendments made by this section, may be construed--
       (1) to prevent the Federal Maritime Commission from 
     requesting from a person, at any time, any additional 
     information or documents the Commission considers necessary 
     to carry out chapter 403 of title 46, United States Code;
       (2) to prescribe a specific deadline for the submission of 
     relevant information and documents in response to a request 
     under section 40304(a)(2) of title 46, United States Code; or
       (3) to limit the authority of the Commission to request 
     information under section 40304(d) of title 46, United States 
     Code.

     SEC. 3715. REPORTS FILED WITH THE COMMISSION.

       Section 40104(a) of title 46, United States Code, is 
     amended to read as follows:
       ``(a) Reports.--
       ``(1) In general.--The Federal Maritime Commission may 
     require a common carrier or marine terminal operator, or an 
     officer, receiver, trustee, lessee, agent, or employee of the 
     common carrier or marine terminal operator to file with the 
     Commission a periodical or special report, an account, 
     record, rate, or charge, or a memorandum of facts and 
     transactions related to the business of the common carrier or 
     marine terminal operator, as applicable.
       ``(2) Requirements.--The report, account, record, rate, 
     charge, or memorandum shall--
       ``(A) be made under oath if the Commission requires; and
       ``(B) be filed in the form and within the time prescribed 
     by the Commission.''.

     SEC. 3716. TRANSPARENCY.

       (a) In General.--Beginning not later than 60 days after the 
     date of enactment of this Act, the Federal Maritime 
     Commission shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives biannual reports that describe the 
     Commission's progress toward addressing the issues raised in 
     each unfinished regulatory proceeding, regardless of whether 
     the proceeding is subject to a statutory or regulatory 
     deadline.
       (b) Format of Reports.--Each report under subsection (a) 
     shall, among other things, clearly identify for each 
     unfinished regulatory proceeding--
       (1) the popular title;
       (2) the current stage of the proceeding;
       (3) an abstract of the proceeding;
       (4) what prompted the action in question;
       (5) any applicable statutory, regulatory, or judicial 
     deadline;
       (6) the associated docket number;
       (7) the date the rulemaking was initiated;
       (8) a date for the next action; and
       (9) if a date for next action identified in the previous 
     report is not met, the reason for the delay.

     SEC. 3717. NEGOTIATIONS.

       (a) Exceptions.--Section 40307(b)(1) of title 46, United 
     States Code, is amended by inserting ``tug operators,'' after 
     ``motor carriers,''.
       (b) Concerted Action.--Section 41105 of title 46, United 
     States Code, is amended--
       (1) in paragraph (4)--
       (A) by striking ``non-ocean carrier'' and inserting ``tug 
     operator, non-ocean carrier,''; and
       (B) by inserting ``tug operators or'' after ``States by 
     those'';
       (2) by redesignating paragraphs (5) through (8) as 
     paragraphs (6) through (9), respectively;
       (3) by inserting after paragraph (4) the following:
       ``(5) negotiate with a marine terminal operator on any rate 
     or service matter associated with certain covered services 
     provided to ocean common carriers within the United States by 
     those marine terminal operators, unless the negotiations and 
     any resulting agreements are not in violation of the 
     antitrust laws and are consistent with the purposes of this 
     part, except that this paragraph does not prohibit the 
     setting and publishing of a joint through rate by a 
     conference, joint venture, or association of ocean common 
     carriers;'';
       (4) in the matter preceding paragraph (1), by inserting 
     ``(a) In General.--'' before ``A conference'' and indenting 
     appropriately; and
       (5) by adding at the end the following:
       ``(b) Definition of Certain Covered Services.--In this 
     section, the term `certain covered services' means berthing, 
     the loading or unloading of cargo to or from a vessel to or 
     from a point of rest on a wharf, the bunkering of such a 
     vessel, towage and tug assistance of such a vessel, or the 
     positioning, removal, or replacement of navigation buoys.''.
       (c) Technical and Conforming Amendments.--
       (1) Content requirements.--Section 40303(b)(5) of title 46, 
     United States Code, is amended by striking ``section 41105(1) 
     or (3) of this title'' and inserting ``paragraph (1) or 
     paragraph (3) of section 41105(a) of this title''; and
       (2) Award of reparations.--Section 41305(c) of title 46, 
     United States Code, is amended by striking ``section 41105(1) 
     or (3) of this title'' and inserting ``paragraph (1) or 
     paragraph (3) of section 41105(a) of this title''.
       (d) Savings Clause.--Nothing in this section or the 
     amendments made by this section shall be construed to limit 
     the authority of the Department of Justice regarding 
     antitrust matters.

     SEC. 3718. PROHIBITIONS AND PENALTIES.

       Section 41104(11) of title 46, United States Code, is 
     amended to read as follows:
       ``(11) knowingly and willfully accept cargo from or 
     transport cargo for the account of a non-vessel-operating 
     common carrier that

[[Page S4496]]

     does not have a tariff as required by section 40501 of this 
     title, or an ocean transportation intermediary that does not 
     have a bond, insurance, or other surety as required by 
     section 40902 of this title; or''.

              Subtitle H--Vessel Incidental Discharge Act

     SEC. 3721. SHORT TITLE.

       This subtitle may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 3722. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters of 
     the United States, or commercial, agricultural, aquacultural, 
     or recreational activities dependent on such waters.
       (3) Ballast water.--The term ``ballast water'' means any 
     water and suspended matter taken on board a commercial vessel 
     to control or maintain trim, draught, stability, or stresses 
     of the commercial vessel, regardless of how it is carried.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means the numerical ballast water 
     discharge standard set forth in section 151.2030 of title 33, 
     Code of Federal Regulations, or section 151.1511 of such 
     title, or a revised numerical ballast water discharge 
     standard established under section 805, as applicable.
       (5) Ballast water management system.--The term ``ballast 
     water management system'' means any system (including all 
     ballast water treatment equipment and all associated control 
     and monitoring equipment) that processes ballast water to 
     kill, render harmless, or remove organisms.
       (6) Commercial vessel.--
       (A) In general.--The term ``commercial vessel'' means a 
     vessel (as defined in section 3 of title 1, United States 
     Code) that is engaged in commercial service (as defined in 
     section 2101 of title 46, United States Code).
       (B) Exclusion.--The term ``commercial vessel'' does not 
     include a recreational vessel.
       (7) Discharge incidental to the normal operation of a 
     commercial vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' means--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I)(aa) graywater, bilge water, cooling water, oil water 
     separator effluent, anti-fouling hull coating leachate, 
     boiler or economizer blowdown, byproducts from cathodic 
     protection, controllable pitch propeller and thruster 
     hydraulic fluid, distillation and reverse osmosis brine, 
     elevator pit effluent, firemain system effluent, freshwater 
     layup effluent, gas turbine wash water, motor gasoline and 
     compensating effluent, refrigeration and air condensate 
     effluent, seawater piping biofouling prevention substances, 
     boat engine wet exhaust, sonar dome effluent, exhaust gas 
     scrubber washwater, or stern tube packing gland effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a commercial vessel;
       (II) deck runoff, deck washdown, above the waterline hull 
     cleaning effluent, aqueous film forming foam effluent, chain 
     locker effluent, non-oily machinery wastewater, underwater 
     ship husbandry effluent, welldeck effluent, or fish hold and 
     fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters of 
     the United States in connection with the testing, 
     maintenance, or repair of a system, equipment, or engine 
     described in subclause (I)(bb) or (III) of clause (i) 
     whenever the commercial vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' does not include--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I) ballast water;
       (II) rubbish, trash, garbage, incinerator ash, or other 
     such material discharged overboard;
       (III) oil or a hazardous substance (as such terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321)); or
       (IV) sewage (as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6))); or

       (ii) any emission of an air pollutant resulting from the 
     operation onboard a commercial vessel of a commercial vessel 
     propulsion system, motor driven equipment, or incinerator; or
       (iii) any discharge into navigable waters of the United 
     States from a commercial vessel when the commercial vessel is 
     operating in a capacity other than as a means of 
     transportation on water.
       (8) General permit.--The term ``General Permit'' means the 
     Final National Pollutant Discharge Elimination System Vessel 
     General Permit for Discharges Incidental to the Normal 
     Operation of a Vessel noticed in the Federal Register on 
     April 12, 2013 (78 Fed. Reg. 21938).
       (9) Geographically limited area.--The term ``geographically 
     limited area'' means an area--
       (A) with a physical limitation that prevents a commercial 
     vessel from operating outside the area, such as the Great 
     Lakes and Saint Lawrence River, as determined by the 
     Secretary; or
       (B) that is ecologically homogeneous, as determined by the 
     Secretary in consultation with the heads of other Federal 
     departments or agencies the Secretary considers appropriate.
       (10) Major conversion.--The term ``major conversion'' has 
     the meaning given such term in section 2101(14a) of title 46, 
     United States Code.
       (11) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' has the meaning 
     given such term in section 2101(17a) of title 46, United 
     States Code.
       (12) Owner or operator.--The term ``owner or operator'' 
     means a person owning, operating, or chartering by demise a 
     commercial vessel.
       (13) Pollutant.--The term ``pollutant'' has the meaning 
     given such term in section 502(6) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(6)).
       (14) Recreational vessel.--The term ``recreational vessel'' 
     has the meaning given such term in section 2101(25) of title 
     46, United States Code.
       (15) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.

     SEC. 3723. EXISTING BALLAST WATER REGULATIONS.

       (a) Effect on Existing Regulations.--Any regulation issued 
     pursuant to the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 that is in effect on the date immediately 
     preceding the effective date of this subtitle, and that 
     relates to a matter subject to regulation under this 
     subtitle, shall remain in full force and effect unless or 
     until superseded by a new regulation issued under this 
     subtitle relating to such matter.
       (b) Application of Other Regulations.--The regulations 
     issued pursuant to the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.) 
     relating to sanctions for violating a regulation under that 
     Act shall apply to violations of a regulation issued under 
     this subtitle.

     SEC. 3724. BALLAST WATER DISCHARGE REQUIREMENTS.

       (a) In General.--
       (1) Requirements.--Except as provided in paragraph (3), and 
     subject to sections 151.2035 and 151.2036 of title 33, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), an owner or operator may discharge 
     ballast water into navigable waters of the United States from 
     a commercial vessel covered under subsection (b) only if--
       (A) by applying the best available technology economically 
     achievable, the discharge meets the ballast water discharge 
     standard; and
       (B) the owner or operator discharges the ballast water in 
     accordance with other requirements established by the 
     Secretary.
       (2) Commercial vessels entering the great lakes system and 
     hudson river.--If a commercial vessel enters the Great Lakes 
     through the Saint Lawrence River or the Hudson River north of 
     the George Washington Bridge after operating outside the 
     exclusive economic zone of the United States or Canada, the 
     owner or operator shall--
       (A) comply with the requirements of--
       (i) paragraph (1);
       (ii) subpart C of part 151 of title 33, Code of Federal 
     Regulations; and
       (iii) section 401.30 of such title; and
       (B) conduct a complete ballast water exchange in an area 
     that is 200 nautical miles or more from any shore before the 
     owner or operator may discharge ballast water while operating 
     in the Saint Lawrence River or the Great Lakes, subject to 
     any requirements the Secretary determines necessary with 
     regard to such exchange, or any ballast water management 
     system that is to be used in conjunction with such exchange, 
     to ensure that any discharge of ballast water complies with 
     the requirements under paragraph (1).
       (3) Safety exemption.--Notwithstanding paragraphs (1) and 
     (2), an owner or operator may discharge any ballast water 
     into navigable waters of the United States from a commercial 
     vessel if--
       (A) the ballast water is discharged solely to ensure the 
     safety of life at sea;
       (B) the ballast water is discharged accidentally as the 
     result of damage to the commercial vessel or its equipment 
     and--
       (i) all reasonable precautions to prevent or minimize the 
     discharge have been taken; and
       (ii) the owner or operator did not willfully or recklessly 
     cause such damage; or
       (C) the ballast water is discharged solely for the purpose 
     of avoiding or minimizing a discharge from the commercial 
     vessel of a pollutant that would violate an applicable 
     Federal or State law.
       (4) Limitation on requirements.--In establishing 
     requirements under this subsection, the Secretary may not 
     require the installation of a ballast water management system 
     on a commercial vessel that--
       (A) carries all of its ballast water in sealed tanks that 
     are not subject to discharge; or
       (B) discharges ballast water solely into a reception 
     facility described in section 3727.
       (b) Applicability.--
       (1) Covered vessels.--Except as provided in paragraph (2), 
     subsection (a) shall apply to

[[Page S4497]]

     any commercial vessel that is designed, constructed, or 
     adapted to carry ballast water while such commercial vessel 
     is operating in navigable waters of the United States.
       (2) Exempted vessels.--Subsection (a) shall not apply to a 
     commercial vessel--
       (A) that continuously takes on and discharges ballast water 
     in a flow-through system, if such system does not introduce 
     aquatic nuisance species into navigable waters of the United 
     States, as determined by the Secretary;
       (B) that operates exclusively within a geographically 
     limited area;
       (C) that operates pursuant to a geographic restriction 
     issued as a condition under section 3309 of title 46, United 
     States Code, or an equivalent restriction issued by the 
     country of registration of the commercial vessel;
       (D) in the National Defense Reserve Fleet that is scheduled 
     to be disposed of through scrapping or sinking;
       (E) that discharges ballast water consisting solely of 
     water taken aboard from a public or commercial source that, 
     at the time the water is taken aboard, meets the applicable 
     regulations or permit requirements for such source under the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
       (F) in an alternative compliance program established 
     pursuant to section 3726.
       (c) Type Approval of Ballast Water Management Systems That 
     Render Ballast Water Organisms Incapable of Reproduction.--
       (1) In general.--Notwithstanding chapter 5 of title 5, 
     United States Code, part 151 of title 33, Code of Federal 
     Regulations, and part 162 of title 46, Code of Federal 
     Regulations, a ballast water management system that renders 
     organisms in ballast water incapable of reproduction at the 
     concentrations prescribed in the ballast water discharge 
     standard shall be type approved by the Secretary, if--
       (A) such system--
       (i) undergoes type approval testing at an independent 
     laboratory designated by the Secretary under such 
     regulations; and
       (ii) meets the requirements of subpart 162.060 of title 46, 
     Code of Federal Regulations, other than the requirements 
     related to staining methods or measuring the concentration of 
     living organisms; and
       (B) such laboratory uses a type approval testing method 
     described in a final policy letter published under paragraph 
     (2).
       (2) Type approval testing methods.--
       (A) Draft policy.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall publish a draft 
     policy letter describing type approval testing methods 
     capable of measuring the concentration of organisms in 
     ballast water that are capable of reproduction.
       (B) Public comment.--The Secretary shall provide for a 
     period of not more than 60 days for the public to comment on 
     the draft policy letter published under paragraph (1).
       (C) Final policy.--Not later than 150 days after the date 
     of the enactment of this Act, the Secretary shall publish a 
     final policy letter describing type approval testing methods 
     capable of measuring the concentration of organisms in 
     ballast water that are capable of reproduction.
       (D) Revisions.--The Secretary shall revise such policy 
     letter as additional testing methods are determined by the 
     Secretary to be capable of measuring the concentration of 
     organisms in ballast water that are capable of reproduction.
       (E) Considerations.--In developing a policy letter under 
     this paragraph, the Secretary--
       (i) shall consider a type approval testing method that uses 
     organism grow out and most probable number statistical 
     analysis to determine the concentration of organisms in 
     ballast water that are capable of reproduction; and
       (ii) shall not consider a type approval testing method that 
     relies on a staining method that measures the concentration 
     of organisms greater than or equal to 10 micrometers and 
     organisms less than or equal to 50 micrometers.

     SEC. 3725. REVIEW OF BALLAST WATER DISCHARGE STANDARD.

       (a) Effectiveness Review.--
       (1) In general.--The Secretary shall conduct reviews in 
     accordance with this section to determine whether revising 
     the ballast water discharge standard based on the application 
     of the best available technology economically achievable 
     would result in a reduction in the risk of the introduction 
     or establishment of aquatic nuisance species.
       (2) Required reviews.--Not later than January 1, 2022, and 
     every 10 years thereafter, the Secretary, in consultation 
     with the Administrator, shall complete a review under 
     paragraph (1).
       (3) State petitions for review.--
       (A) In general.--The Governor of a State may submit a 
     petition requesting the Secretary to conduct a review under 
     paragraph (1) if there is significant new information that 
     could reasonably indicate the ballast water discharge 
     standard could be revised to result in a reduction in the 
     risk of the introduction or establishment of aquatic nuisance 
     species.
       (B) Timing.--A Governor may not submit a petition under 
     subparagraph (A) during the 1-year period following the date 
     of completion of a review under paragraph (1).
       (C) Required information.--A petition submitted to the 
     Secretary under subparagraph (A) shall include--
       (i) a proposed ballast water discharge standard that would 
     result in a reduction in the risk of the introduction or 
     establishment of aquatic nuisance species;
       (ii) information regarding any ballast water management 
     systems that may achieve the proposed ballast water discharge 
     standard;
       (iii) the scientific and technical information on which the 
     petition is based, including a description of the risk 
     reduction that would result from the proposed ballast water 
     discharge standard included under clause (i); and
       (iv) any additional information the Secretary considers 
     appropriate.
       (D) Public availability.--Upon receiving a petition under 
     subparagraph (A), the Secretary shall make publicly available 
     a copy of the petition, including the information included 
     under subparagraph (C).
       (E) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under subparagraph (A) as a single such petition.
       (F) Authority to review.--After receiving a petition that 
     meets the requirements of this paragraph, the Secretary, in 
     consultation with the Administrator, may conduct a review 
     under paragraph (1).
       (b) Practicability Review.--
       (1) In general.--If the Secretary determines under 
     subsection (a) that revision of the ballast water discharge 
     standard would result in a reduction in the risk of the 
     introduction or establishment of aquatic nuisance species, 
     the Secretary, in consultation with the Administrator, shall 
     conduct a practicability review to determine whether--
       (A) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is economically achievable and operationally 
     practicable; and
       (B) testing protocols that can assure accurate measurement 
     of compliance with the ballast water discharge standard as 
     proposed to be revised can be practicably implemented.
       (2) Criteria for practicability review.--In conducting a 
     practicability review under paragraph (1), the Secretary 
     shall consider--
       (A) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (B) improvements in ballast water management systems, 
     including--
       (i) the capability of such systems to achieve the ballast 
     water discharge standard as proposed to be revised;
       (ii) the effectiveness and reliability of such systems in 
     the shipboard environment;
       (iii) the compatibility of such systems with the design and 
     operation of a commercial vessel by class, type, and size;
       (iv) the commercial availability of such systems; and
       (v) the safety of such systems;
       (C) improvements in the capabilities to detect, quantify, 
     and assess whether aquatic nuisance species are capable of 
     reproduction under the ballast water discharge standard as 
     proposed to be revised;
       (D) the impact of ballast water management systems on water 
     quality;
       (E) the costs, cost-effectiveness, and effects of--
       (i) a revised ballast water discharge standard; and
       (ii) maintaining the existing ballast water discharge 
     standard; and
       (F) other criteria that the Secretary considers 
     appropriate.
       (3) Information from states.--In conducting a 
     practicability review under paragraph (1), the Secretary 
     shall solicit information from the States concerning matters 
     the Secretary is required to consider under paragraph (2).
       (c) Revised Ballast Water Discharge Standard.--The 
     Secretary shall issue a rule to revise the ballast water 
     discharge standard if the Secretary, in consultation with the 
     Administrator, determines on the basis of the practicability 
     review under subsection (b) that--
       (1) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is economically achievable and operationally 
     practicable; and
       (2) testing protocols that can assure accurate measurement 
     of compliance with the ballast water discharge standard as 
     proposed to be revised can be practicably implemented.
       (d) Revised Ballast Water Discharge Standard Effective Date 
     and Compliance Deadline.--
       (1) In general.--If the Secretary issues a rule to revise 
     the ballast water discharge standard under subsection (c), 
     the Secretary shall include in such rule--
       (A) an effective date for the revised ballast discharge 
     standard that is 3 years after the date on which such rule is 
     published in the Federal Register; and
       (B) for the owner or operator of a commercial vessel that 
     is constructed or completes a major conversion on or after 
     the date that is 3 years after the date on which the rule is 
     published in the Federal Register, a deadline to comply with 
     the revised ballast water discharge standard that is the 
     first day on which such commercial vessel operates in 
     navigable waters of the United States.
       (2) Extensions.--The Secretary shall establish a process 
     for an owner or operator to submit a petition to the 
     Secretary for an extension of a compliance deadline under 
     paragraph (1)(B).

[[Page S4498]]

       (3) Factors.--In reviewing a petition under this 
     subsection, the Secretary shall consider, with respect to the 
     ability of an owner or operator to meet a compliance 
     deadline--
       (A) whether the ballast water management system to be 
     installed, if applicable, is available in sufficient 
     quantities to meet the compliance deadline;
       (B) whether there is sufficient shipyard or other 
     installation facility capacity;
       (C) whether there is sufficient availability of engineering 
     and design resources;
       (D) commercial vessel characteristics, such as engine room 
     size, layout, or a lack of installed piping;
       (E) electric power generating capacity aboard the 
     commercial vessel;
       (F) the safety of the commercial vessel and crew; and
       (G) any other factor that the Secretary determines 
     appropriate.
       (4) Consideration of petitions.--
       (A) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this subsection.
       (B) Deadline.--If the Secretary does not approve or deny a 
     petition referred to in subparagraph (A) on or before the 
     last day of the 90-day period beginning on the date of 
     submission of the petition, the petition shall be deemed 
     approved.
       (5) Period of use of installed ballast water management 
     system.--
       (A) In general.--Subject to subparagraph (B), an owner or 
     operator shall be considered to be in compliance with the 
     ballast water discharge standard if--
       (i) the ballast water management system installed on the 
     commercial vessel complies with the ballast water discharge 
     standard in effect at the time of installation, 
     notwithstanding any revisions to the ballast water discharge 
     standard occurring after the installation;
       (ii) the owner or operator maintains the ballast water 
     management system in proper working condition, as determined 
     by the Secretary; and
       (iii) the ballast water management system continues to meet 
     the ballast water discharge standard applicable to the 
     commercial vessel at the time of installation, as determined 
     by the Secretary.
       (B) Limitation.--Subparagraph (A) shall cease to apply with 
     respect to a commercial vessel after--
       (i) the expiration of the service life of the ballast water 
     management system of the commercial vessel, as determined by 
     the Secretary;
       (ii) the expiration of the service life of the commercial 
     vessel, as determined by the Secretary; or
       (iii) the completion of a major conversion of the 
     commercial vessel.

     SEC. 3726. ALTERNATIVE COMPLIANCE PROGRAM.

       The Secretary, in consultation with the Administrator, may 
     issue a rule establishing 1 or more compliance programs that 
     may be used by an owner or operator as an alternative to 
     compliance with the requirements of section 3724(a) for a 
     commercial vessel that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters; or
       (2) is less than 3 years from the end of the service life 
     of the commercial vessel, as determined by the Secretary.

     SEC. 3727. RECEPTION FACILITIES.

       (a) In General.--Notwithstanding the requirements under 
     section 3724(a), an owner or operator may discharge ballast 
     water into an onshore or offshore facility for the reception 
     of ballast water that meets the standards established by the 
     Administrator, in consultation with the Secretary, under 
     subsection (b).
       (b) Issuance of Standards.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall publish a rule in the 
     Federal Register that establishes reasonable and practicable 
     standards for reception facilities to mitigate adverse 
     effects of aquatic nuisance species on navigable waters of 
     the United States.

     SEC. 3728. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A COMMERCIAL VESSEL.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Administrator, shall publish a rule in the Federal 
     Register that establishes best management practices for 
     discharges incidental to the normal operation of a commercial 
     vessel for commercial vessels that are--
       (1) greater than or equal to 79 feet in length; and
       (2) not fishing vessels, including fish processing vessels 
     and fish tender vessels (as such terms are defined in section 
     2101 of title 46, United States Code).
       (b) Transition.--
       (1) In general.--Notwithstanding the expiration date for 
     the General Permit, any practice, limitation, or 
     concentration applicable to any discharge incidental to the 
     normal operation of a commercial vessel that is required by 
     the General Permit on the date of enactment of this Act, and 
     any reporting requirement required by the General Permit on 
     such date of enactment, shall remain in effect until the 
     effective date of a rule issued by the Secretary under 
     subsection (a).
       (2) Part 6 conditions.--Notwithstanding paragraph (1) and 
     any other provision of law, the terms and conditions of Part 
     6 of the General Permit (relating to specific requirements 
     for individual States or Indian country lands) shall expire 
     on the date of enactment of this Act.
       (c) Application to Certain Vessels.--
       (1) Application of federal water pollution control act.--No 
     permit shall be required under section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) or prohibition 
     enforced under any other provision of law for, nor shall any 
     best management practice regarding a discharge incidental to 
     the normal operation of a commercial vessel under this 
     subtitle apply to, a discharge incidental to the normal 
     operation of a commercial vessel if the commercial vessel 
     is--
       (A) less than 79 feet in length; or
       (B) a fishing vessel, including a fish processing vessel 
     and a fish tender vessel (as such terms are defined in 
     section 2101 of title 46, United States Code).
       (2) Application of general permit.--The terms and 
     conditions of the General Permit shall cease to apply to 
     vessels described in subparagraphs (A) and (B) of paragraph 
     (1) on the date of enactment of this Act.
       (d) State Petition for Revision of Best Management 
     Practices.--
       (1) In general.--The Governor of a State may submit a 
     petition to the Secretary requesting that the Secretary 
     revise a best management practice established under 
     subsection (a) if there is significant new information that 
     could reasonably indicate that--
       (A) revising the best management practice would 
     substantially reduce the adverse effects on navigable waters 
     of the United States of discharges incidental to the normal 
     operation of a commercial vessel; and
       (B) the revised best management practice would be 
     economically achievable and operationally practicable.
       (2) Required information.--A petition submitted to the 
     Secretary under paragraph (1) shall include--
       (A) the scientific and technical information on which the 
     petition is based; and
       (B) any additional information the Secretary considers 
     appropriate.
       (3) Public availability.--Upon receiving a petition under 
     paragraph (1), the Secretary shall make publicly available a 
     copy of the petition, including the information included 
     under paragraph (2).
       (4) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under paragraph (1) as a single petition.
       (5) Revision of best management practices.--If, after 
     reviewing a petition submitted by a Governor under paragraph 
     (1), the Secretary, in consultation with the Administrator, 
     determines that revising a best management practice would 
     substantially reduce the adverse effects on navigable waters 
     of the United States of discharges incidental to the normal 
     operation of a commercial vessel, and the revised best 
     management practice would be economically achievable and 
     operationally practicable, the Secretary, in consultation 
     with the Administrator, may issue a rule to revise the best 
     management practice established under subsection (a).

     SEC. 3729. JUDICIAL REVIEW.

       (a) In General.--A person may file a petition for review of 
     a final rule issued under this subtitle in the United States 
     Court of Appeals for the District of Columbia Circuit.
       (b) Deadline.--
       (1) In general.--A petition shall be filed under this 
     section not later than 120 days after the date on which the 
     rule to be reviewed is published in the Federal Register.
       (2) Exception.--Notwithstanding paragraph (1), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under paragraph (1) has passed may be 
     filed not later than 120 days after the date on which such 
     grounds first arise.

     SEC. 3730. STATE ENFORCEMENT.

       The Secretary may enter into an agreement with the Governor 
     of a State to authorize the State to enforce the provisions 
     of this subtitle, as the Secretary considers appropriate.

     SEC. 3731. EFFECT ON STATE AUTHORITY.

       (a) In General.--Except as provided in subsection (b) and 
     as necessary to implement an agreement entered into under 
     section 3730, no State or political subdivision thereof may 
     adopt or enforce any statute, regulation, or other 
     requirement of the State or political subdivision with 
     respect to--
       (1) a discharge into navigable waters of the United States 
     from a commercial vessel of ballast water; or
       (2) a discharge incidental to the normal operation of a 
     commercial vessel.
       (b) Preservation of Authority.--Nothing in this subtitle 
     may be construed as affecting the authority of a State or 
     political subdivision thereof to adopt or enforce any 
     statute, regulation, or other requirement with respect to any 
     water or other substance discharged or emitted from a vessel 
     in preparation for transport of the vessel by land from one 
     body of water to another body of water.

     SEC. 3732. EFFECT ON OTHER LAWS.

       (a) Application of Federal Water Pollution Control Act.--
       (1) In general.--Except as provided in section 3728(b), on 
     or after the date of enactment of this Act, the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) shall not 
     apply to a discharge into navigable waters of the United 
     States of ballast water from a commercial vessel or a 
     discharge incidental to the normal operation of a commercial 
     vessel.
       (2) Oil and hazardous substance liability; marine 
     sanitation devices.--Nothing in

[[Page S4499]]

     this subtitle may be construed as affecting the application 
     to a commercial vessel of section 311 or 312 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321 and 1322).
       (b) Established Regimes.--Notwithstanding any other 
     provision of this subtitle, nothing in this subtitle may be 
     construed as affecting the authority of the Federal 
     Government under--
       (1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) with respect to the regulation by the Federal 
     Government of any discharge or emission that, on or after the 
     date of enactment of this Act, is covered under the 
     International Convention for the Prevention of Pollution from 
     Ships, 1973, as modified by the Protocol of 1978; and
       (2) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.) with respect to the regulation by 
     the Federal Government of any anti-fouling system that, on or 
     after the date of enactment of this Act, is covered under the 
     International Convention on the Control of Harmful Anti-
     fouling Systems on Ships, done at London October 5, 2001.
       (c) International Law.--
       (1) In general.--Any action taken under this subtitle shall 
     be taken in accordance with international law.
       (2) Standards.--Nothing in this subtitle may be construed 
     to impose any design, equipment, or operation standard on a 
     commercial vessel not documented under the laws of the United 
     States and engaged in innocent passage unless the standard 
     implements a generally accepted international rule, as 
     determined by the Secretary.
       (d) Other Authorities.--Nothing in this subtitle may be 
     construed as affecting the authority of the Secretary of 
     Commerce or the Secretary of the Interior, as the case may 
     be, to administer lands or waters under such Secretary's 
     administrative control.
       (e) Conforming Amendments.--The Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 
     et seq.) is amended--
       (1) in section 1101(c)(2) (16 U.S.C. 4711(c)(2))--
       (A) in subparagraph (K), by striking ``; and'' and 
     inserting a period; and
       (B) by striking subparagraph (L); and
       (2) in section 1205 (16 U.S.C. 4725), by adding at the end 
     the following: ``Ballast water and discharges incidental to 
     the normal operation of a commercial vessel (as such terms 
     are defined in the Vessel Incidental Discharge Act) shall be 
     regulated pursuant to such Act.''.

      Subtitle I--National Oceanic and Atmospheric Administration 
    Commissioned Officer Corps Amendments and Hydrographic Services 
       Improvement Act Reauthorization and Amendments Act of 2017

     SEC. 3801. SHORT TITLE.

       This subtitle may be cited as the ``National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps 
     Amendments and Hydrographic Services Improvement Act 
     Reauthorization and Amendments Act of 2017''.

     SEC. 3802. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC 
                   ADMINISTRATION COMMISSIONED OFFICER CORPS ACT 
                   OF 2002.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3001 et seq.).

                       PART I--GENERAL PROVISIONS

     SEC. 3811. STRENGTH AND DISTRIBUTION IN GRADE.

       Section 214 (33 U.S.C. 3004) is amended to read as follows:

     ``SEC. 214. STRENGTH AND DISTRIBUTION IN GRADE.

       ``(a) Grades.--The commissioned grades in the commissioned 
     officer corps of the Administration are the following, in 
     relative rank with officers of the Navy:
       ``(1) Vice admiral.
       ``(2) Rear admiral.
       ``(3) Rear admiral (lower half).
       ``(4) Captain.
       ``(5) Commander.
       ``(6) Lieutenant commander.
       ``(7) Lieutenant.
       ``(8) Lieutenant (junior grade).
       ``(9) Ensign.
       ``(b) Grade Distribution.--The Secretary shall prescribe, 
     with respect to the distribution on the lineal list in grade, 
     the percentages applicable to the grades set forth in 
     subsection (a).
       ``(c) Annual Computation of Number in Grade.--
       ``(1) In general.--Not less frequently than once each year, 
     the Secretary shall make a computation to determine the 
     number of officers on the lineal list authorized to be 
     serving in each grade.
       ``(2) Method of computation.--The number in each grade 
     shall be computed by applying the applicable percentage to 
     the total number of such officers serving on active duty on 
     the date the computation is made.
       ``(3) Fractions.--If a final fraction occurs in computing 
     the authorized number of officers in a grade, the nearest 
     whole number shall be taken. If the fraction is \1/2\, the 
     next higher whole number shall be taken.
       ``(d) Temporary Increase in Numbers.--The total number of 
     officers authorized by law to be on the lineal list during a 
     fiscal year may be temporarily exceeded if the average number 
     on that list during that fiscal year does not exceed the 
     authorized number.
       ``(e) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228(a) and 
     officers recalled from retired status shall not be counted 
     when computing authorized strengths under subsection (c) and 
     shall not count against those strengths.
       ``(f) Preservation of Grade and Pay.--No officer may be 
     reduced in grade or pay or separated from the commissioned 
     officer corps of the Administration as the result of a 
     computation made to determine the authorized number of 
     officers in the various grades.''.

     SEC. 3812. RECALLED OFFICERS.

       Section 215 (33 U.S.C. 3005) is amended--
       (1) in the matter before paragraph (1), by striking 
     ``Effective'' and inserting the following:
       ``(a) In General.--Effective''; and
       (2) by adding at the end the following new subsection:
       ``(b) Positions of Importance and Responsibility.--Officers 
     serving in positions designated under section 228 and 
     officers recalled from retired status or detailed to an 
     agency other than the Administration--
       ``(1) may not be counted in determining the total number of 
     authorized officers on the lineal list under this section; 
     and
       ``(2) may not count against such number.''.

     SEC. 3813. OBLIGATED SERVICE REQUIREMENT.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 216. OBLIGATED SERVICE REQUIREMENT.

       ``(a) In General.--
       ``(1) Rulemaking.--The Secretary shall prescribe the 
     obligated service requirements for appointments, training, 
     promotions, separations, continuations, and retirement of 
     officers not otherwise covered by law.
       ``(2) Written agreements.--The Secretary and officers shall 
     enter into written agreements that describe the officers' 
     obligated service requirements prescribed under paragraph (1) 
     in return for such appointments, training, promotions, 
     separations, and retirements as the Secretary considers 
     appropriate.
       ``(b) Repayment for Failure to Satisfy Requirements.--
       ``(1) In general.--The Secretary may require an officer who 
     fails to meet the service requirements prescribed under 
     subsection (a)(1) to reimburse the Secretary in an amount 
     that bears the same ratio to the total costs of the training 
     provided to that officer by the Secretary as the unserved 
     portion of active duty bears to the total period of active 
     duty the officer agreed to serve.
       ``(2) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary under paragraph (1) shall be 
     considered for all purposes as a debt owed to the United 
     States.
       ``(3) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11 that is entered less than 5 years after the 
     termination of a written agreement entered into under 
     subsection (a)(2) does not discharge the individual signing 
     the agreement from a debt arising under such agreement.
       ``(c) Waiver or Suspension of Compliance.--The Secretary 
     may waive the service obligation of an officer who--
       ``(1) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that officer; or
       ``(2) is--
       ``(A) not physically qualified for appointment; and
       ``(B) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     officer's own misconduct or grossly negligent conduct.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 215 the following:

``Sec. 216. Obligated service requirement.''.

     SEC. 3814. TRAINING AND PHYSICAL FITNESS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3813(a), is further amended by adding at 
     the end the following:

     ``SEC. 217. TRAINING AND PHYSICAL FITNESS.

       ``(a) Training.--The Secretary may take such measures as 
     may be necessary to ensure that officers are prepared to 
     carry out their duties in the commissioned officer corps of 
     the Administration and proficient in the skills necessary to 
     carry out such duties. Such measures may include the 
     following:
       ``(1) Carrying out training programs and correspondence 
     courses, including establishing and operating a basic officer 
     training program to provide initial indoctrination and 
     maritime vocational training for officer candidates as well 
     as refresher training, mid-career training, aviation 
     training, and such other training as the Secretary considers 
     necessary for officer development and proficiency.
       ``(2) Providing officers and officer candidates with books 
     and school supplies.
       ``(3) Acquiring such equipment as may be necessary for 
     training and instructional purposes.
       ``(b) Physical Fitness.--The Secretary shall ensure that 
     officers maintain a high

[[Page S4500]]

     physical state of readiness by establishing standards of 
     physical fitness for officers that are substantially 
     equivalent to those prescribed for officers in the Coast 
     Guard.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3813(b), is 
     further amended by inserting after the item relating to 
     section 216 the following:

``Sec. 217. Training and physical fitness.''.

     SEC. 3815. RECRUITING MATERIALS.

       (a) In General.--Subtitle A (33 U.S.C. 3001 et seq.), as 
     amended by section 3814(a), is further amended by adding at 
     the end the following:

     ``SEC. 218. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS.

       ``The Secretary may use for public relations purposes of 
     the Department of Commerce any advertising materials 
     developed for use for recruitment and retention of personnel 
     for the commissioned officer corps of the Administration. Any 
     such use shall be under such conditions and subject to such 
     restrictions as the Secretary shall prescribe.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3814(b), is 
     further amended by inserting after the item relating to 
     section 217 the following:

``Sec. 218. Use of recruiting materials for public relations.''.

     SEC. 3816. TECHNICAL CORRECTION.

       Section 101(21)(C) of title 38, United States Code, is 
     amended by inserting ``in the commissioned officer corps'' 
     before ``of the National''.

                    PART II--PARITY AND RECRUITMENT

     SEC. 3821. EDUCATION LOANS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 267. EDUCATION LOAN REPAYMENT PROGRAM.

       ``(a) Authority To Repay Education Loans.--For the purpose 
     of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty who have skills required by the commissioned officer 
     corps, the Secretary may repay, in the case of a person 
     described in subsection (b), a loan that--
       ``(1) was used by the person to finance education; and
       ``(2) was obtained from a governmental entity, private 
     financial institution, educational institution, or other 
     authorized entity.
       ``(b) Eligible Persons.--To be eligible to obtain a loan 
     repayment under this section, a person must--
       ``(1) satisfy 1 of the requirements specified in subsection 
     (c);
       ``(2) be fully qualified for, or hold, an appointment as a 
     commissioned officer in the commissioned officer corps of the 
     Administration; and
       ``(3) sign a written agreement to serve on active duty, or, 
     if on active duty, to remain on active duty for a period in 
     addition to any other incurred active duty obligation.
       ``(c) Academic and Professional Requirements.--One of the 
     following academic requirements must be satisfied for 
     purposes of determining the eligibility of an individual for 
     a loan repayment under this section:
       ``(1) The person is fully qualified in a profession that 
     the Secretary has determined to be necessary to meet 
     identified skill shortages in the commissioned officer corps.
       ``(2) The person is enrolled as a full-time student in the 
     final year of a course of study at an accredited educational 
     institution (as determined by the Secretary of Education) 
     leading to a degree in a profession that will meet identified 
     skill shortages in the commissioned officer corps.
       ``(d) Loan Repayments.--
       ``(1) In general.--Subject to the limits established under 
     paragraph (2), a loan repayment under this section may 
     consist of the payment of the principal, interest, and 
     related expenses of a loan obtained by a person described in 
     subsection (b).
       ``(2) Limitation on amount.--For each year of obligated 
     service that a person agrees to serve in an agreement 
     described in subsection (b)(3), the Secretary may pay not 
     more than the amount specified in section 2173(e)(2) of title 
     10, United States Code.
       ``(e) Active Duty Service Obligation.--
       ``(1) In general.--A person entering into an agreement 
     described in subsection (b)(3) incurs an active duty service 
     obligation.
       ``(2) Length of obligation determined under regulations.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the length of the obligation under paragraph (1) shall be 
     determined under regulations prescribed by the Secretary.
       ``(B) Minimum obligation.--The regulations prescribed under 
     subparagraph (A) may not provide for a period of obligation 
     of less than 1 year for each maximum annual amount, or 
     portion thereof, paid on behalf of the person for qualified 
     loans.
       ``(3) Persons on active duty before entering into 
     agreement.--The active duty service obligation of persons on 
     active duty before entering into the agreement shall be 
     served after the conclusion of any other obligation incurred 
     under the agreement.
       ``(f) Effect of Failure To Complete Obligation.--
       ``(1) Alternative obligations.--An officer who is relieved 
     of the officer's active duty obligation under this section 
     before the completion of that obligation may be given any 
     alternative obligation, at the discretion of the Secretary.
       ``(2) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (b)(3), or the alternative obligation 
     imposed under paragraph (1), shall be subject to the 
     repayment provisions under section 216.
       ``(g) Rulemaking.--The Secretary shall prescribe 
     regulations to carry out this section, including--
       ``(1) standards for qualified loans and authorized payees; 
     and
       ``(2) other terms and conditions for the making of loan 
     repayments.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 266 the following:

``Sec. 267. Education loan repayment program.''.

     SEC. 3822. INTEREST PAYMENTS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3821(a), is further amended by adding at 
     the end the following:

     ``SEC. 268. INTEREST PAYMENT PROGRAM.

       ``(a) Authority.--The Secretary may pay the interest and 
     any special allowances that accrue on 1 or more student loans 
     of an eligible officer, in accordance with this section.
       ``(b) Eligible Officers.--An officer is eligible for the 
     benefit described in subsection (a) while the officer--
       ``(1) is serving on active duty;
       ``(2) has not completed more than 3 years of service on 
     active duty;
       ``(3) is the debtor on 1 or more unpaid loans described in 
     subsection (c); and
       ``(4) is not in default on any such loan.
       ``(c) Student Loans.--The authority to make payments under 
     subsection (a) may be exercised with respect to the following 
     loans:
       ``(1) A loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.).
       ``(2) A loan made under part D of such title (20 U.S.C. 
     1087a et seq.).
       ``(3) A loan made under part E of such title (20 U.S.C. 
     1087aa et seq.).
       ``(d) Maximum Benefit.--Interest and any special allowance 
     may be paid on behalf of an officer under this section for 
     any of the 36 consecutive months during which the officer is 
     eligible under subsection (b).
       ``(e) Funds for Payments.--The Secretary may use amounts 
     appropriated for the pay and allowances of personnel of the 
     commissioned officer corps of the Administration for payments 
     under this section.
       ``(f) Coordination With Secretary of Education.--
       ``(1) In general.--The Secretary shall consult with the 
     Secretary of Education regarding the administration of this 
     section.
       ``(2) Transfer of funds.--The Secretary shall transfer to 
     the Secretary of Education the funds necessary--
       ``(A) to pay interest and special allowances on student 
     loans under this section (in accordance with sections 428(o), 
     455(l), and 464(j) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
       ``(B) to reimburse the Secretary of Education for any 
     reasonable administrative costs incurred by the Secretary in 
     coordinating the program under this section with the 
     administration of the student loan programs under parts B, D, 
     and E of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.).
       ``(g) Special Allowance Defined.--In this section, the term 
     `special allowance' means a special allowance that is payable 
     under section 438 of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1).''.
       (b) Conforming Amendments.--
       (1) Section 428(o) of the Higher Education Act of 1965 (20 
     U.S.C. 1078(o)) is amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively,'' after ``Armed Forces''.
       (2) Sections 455(l) and 464(j) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(l) and 1087dd(j)) are each amended--
       (A) by striking the subsection heading and inserting 
     ``Armed Forces and NOAA Commissioned Officer Corps Student 
     Loan Interest Payment Programs''; and
       (B) in paragraph (1)--
       (i) by inserting ``or section 268 of the National Oceanic 
     and Atmospheric Administration Commissioned Officer Corps Act 
     of 2002'' after ``Code,''; and
       (ii) by inserting ``or an officer in the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration, respectively'' after ``Armed Forces''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by

[[Page S4501]]

     section 3821(b), is further amended by inserting after the 
     item relating to section 267 the following:

``Sec. 268. Interest payment program.''.

     SEC. 3823. STUDENT PRE-COMMISSIONING PROGRAM.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by section 3822(a), is further amended by adding at 
     the end the following:

     ``SEC. 269. STUDENT PRE-COMMISSIONING EDUCATION ASSISTANCE 
                   PROGRAM.

       ``(a) Authority To Provide Financial Assistance.--For the 
     purpose of maintaining adequate numbers of officers of the 
     commissioned officer corps of the Administration on active 
     duty, the Secretary may provide financial assistance to a 
     person described in subsection (b) for expenses of the person 
     while the person is pursuing on a full-time basis at an 
     accredited educational institution (as determined by the 
     Secretary of Education) a program of education approved by 
     the Secretary that leads to--
       ``(1) a baccalaureate degree in not more than 5 academic 
     years; or
       ``(2) a postbaccalaureate degree.
       ``(b) Eligible Persons.--
       ``(1) In general.--A person is eligible to obtain financial 
     assistance under subsection (a) if the person--
       ``(A) is enrolled on a full-time basis in a program of 
     education referred to in subsection (a) at any educational 
     institution described in such subsection;
       ``(B) meets all of the requirements for acceptance into the 
     commissioned officer corps of the Administration except for 
     the completion of a baccalaureate degree; and
       ``(C) enters into a written agreement with the Secretary 
     described in paragraph (2).
       ``(2) Agreement.--A written agreement referred to in 
     paragraph (1)(C) is an agreement between the person and the 
     Secretary in which the person--
       ``(A) agrees to accept an appointment as an officer, if 
     tendered; and
       ``(B) upon completion of the person's educational program, 
     agrees to serve on active duty, immediately after 
     appointment, for--
       ``(i) up to 3 years if the person received less than 3 
     years of assistance; and
       ``(ii) up to 5 years if the person received at least 3 
     years of assistance.
       ``(c) Qualifying Expenses.--Expenses for which financial 
     assistance may be provided under subsection (a) are the 
     following:
       ``(1) Tuition and fees charged by the educational 
     institution involved.
       ``(2) The cost of books.
       ``(3) In the case of a program of education leading to a 
     baccalaureate degree, laboratory expenses.
       ``(4) Such other expenses as the Secretary considers 
     appropriate.
       ``(d) Limitation on Amount.--The Secretary shall prescribe 
     the amount of financial assistance provided to a person under 
     subsection (a), which may not exceed the amount specified in 
     section 2173(e)(2) of title 10, United States Code, for each 
     year of obligated service that a person agrees to serve in an 
     agreement described in subsection (b)(2).
       ``(e) Duration of Assistance.--Financial assistance may be 
     provided to a person under subsection (a) for not more than 5 
     consecutive academic years.
       ``(f) Subsistence Allowance.--
       ``(1) In general.--A person who receives financial 
     assistance under subsection (a) shall be entitled to a 
     monthly subsistence allowance at a rate prescribed under 
     paragraph (2) for the duration of the period for which the 
     person receives such financial assistance.
       ``(2) Determination of amount.--The Secretary shall 
     prescribe monthly rates for subsistence allowance provided 
     under paragraph (1), which shall be equal to the amount 
     specified in section 2144(a) of title 10, United States Code.
       ``(g) Initial Clothing Allowance.--
       ``(1) Training.--The Secretary may prescribe a sum which 
     shall be credited to each person who receives financial 
     assistance under subsection (a) to cover the cost of the 
     person's initial clothing and equipment issue.
       ``(2) Appointment.--Upon completion of the program of 
     education for which a person receives financial assistance 
     under subsection (a) and acceptance of appointment in the 
     commissioned officer corps of the Administration, the person 
     may be issued a subsequent clothing allowance equivalent to 
     that normally provided to a newly appointed officer.
       ``(h) Termination of Financial Assistance.--
       ``(1) In general.--The Secretary shall terminate the 
     assistance provided to a person under this section if--
       ``(A) the Secretary accepts a request by the person to be 
     released from an agreement described in subsection (b)(2);
       ``(B) the misconduct of the person results in a failure to 
     complete the period of active duty required under the 
     agreement; or
       ``(C) the person fails to fulfill any term or condition of 
     the agreement.
       ``(2) Reimbursement.--The Secretary may require a person 
     who receives assistance described in subsection (c), (f), or 
     (g) under an agreement entered into under subsection 
     (b)(1)(C) to reimburse the Secretary in an amount that bears 
     the same ratio to the total costs of the assistance provided 
     to that person as the unserved portion of active duty bears 
     to the total period of active duty the officer agreed to 
     serve under the agreement.
       ``(3) Waiver.--The Secretary may waive the service 
     obligation of a person through an agreement entered into 
     under subsection (b)(1)(C) if the person--
       ``(A) becomes unqualified to serve on active duty in the 
     commissioned officer corps of the Administration because of a 
     circumstance not within the control of that person; or
       ``(B) is--
       ``(i) not physically qualified for appointment; and
       ``(ii) determined to be unqualified for service in the 
     commissioned officer corps of the Administration because of a 
     physical or medical condition that was not the result of the 
     person's own misconduct or grossly negligent conduct.
       ``(4) Obligation as debt to united states.--An obligation 
     to reimburse the Secretary imposed under paragraph (2) is, 
     for all purposes, a debt owed to the United States.
       ``(5) Discharge in bankruptcy.--A discharge in bankruptcy 
     under title 11, United States Code, that is entered less than 
     5 years after the termination of a written agreement entered 
     into under subsection (b)(1)(C) does not discharge the person 
     signing the agreement from a debt arising under such 
     agreement or under paragraph (2).
       ``(i) Regulations.--The Secretary may promulgate such 
     regulations and orders as the Secretary considers appropriate 
     to carry out this section.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3822(c), is 
     further amended by inserting after the item relating to 
     section 268 the following:

``Sec. 269. Student pre-commissioning education assistance program.''.

     SEC. 3824. LIMITATION ON EDUCATIONAL ASSISTANCE.

       (a) In General.--Each fiscal year, beginning with the 
     fiscal year in which this Act is enacted, the Secretary of 
     Commerce shall ensure that the total amount expended by the 
     Secretary under section 267 of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps Act of 
     2002 (as added by section 3821(a)), section 268 of such Act 
     (as added by section 3822(a)), and section 269 of such Act 
     (as added by section 3823(a)) does not exceed the amount by 
     which--
       (1) the total amount the Secretary would pay in that fiscal 
     year to officer candidates under section 203(f)(1) of title 
     37, United States Code (as added by section 3846(d)), if such 
     section entitled officer candidates to pay at monthly rates 
     equal to the basic pay of a commissioned officer in the pay 
     grade O-1 with less than 2 years of service; exceeds
       (2) the total amount the Secretary actually pays in that 
     fiscal year to officer candidates under section 203(f)(1) of 
     such title (as so added).
       (b) Officer Candidate Defined.--In this section, the term 
     ``officer candidate'' has the meaning given the term in 
     section 212 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002 (33 
     U.S.C. 3002), as added by section 3846(c).

     SEC. 3825. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 10, 
                   UNITED STATES CODE, AND EXTENSION OF CERTAIN 
                   AUTHORITIES APPLICABLE TO MEMBERS OF THE ARMED 
                   FORCES TO COMMISSIONED OFFICER CORPS.

       (a) Applicability of Certain Provisions of Title 10.--
     Section 261(a) (33 U.S.C. 3071(a)) is amended--
       (1) by redesignating paragraphs (13) through (16) as 
     paragraphs (22) through (25), respectively;
       (2) by redesignating paragraphs (7) through (12) as 
     paragraphs (14) through (19), respectively;
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (8) through (10), respectively;
       (4) by inserting after paragraph (3) the following:
       ``(4) Section 771, relating to unauthorized wearing of 
     uniforms.
       ``(5) Section 774, relating to wearing religious apparel 
     while in uniform.
       ``(6) Section 982, relating to service on State and local 
     juries.
       ``(7) Section 1031, relating to administration of oaths.'';
       (5) by inserting after paragraph (10), as redesignated, the 
     following:
       ``(11) Section 1074n, relating to annual mental health 
     assessments.
       ``(12) Section 1090a, relating to referrals for mental 
     health evaluations.
       ``(13) Chapter 58, relating to the Benefits and Services 
     for members being separated or recently separated.''; and
       (6) by inserting after paragraph (19), as redesignated, the 
     following:
       ``(20) Subchapter I of chapter 88, relating to Military 
     Family Programs.
       ``(21) Section 2005, relating to advanced education 
     assistance, active duty agreements, and reimbursement 
     requirements.''.
       (b) Extension of Certain Authorities.--
       (1) Notarial services.--Section 1044a of title 10, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``armed forces'' and 
     inserting ``uniformed services''; and
       (B) in subsection (b)(4), by striking ``armed forces'' both 
     places it appears and inserting ``uniformed services''.
       (2) Acceptance of voluntary services for programs serving 
     members and their

[[Page S4502]]

     families.--Section 1588 of such title is amended--
       (A) in subsection (a)(3), in the matter before subparagraph 
     (A), by striking ``armed forces'' and inserting ``uniformed 
     services''; and
       (B) by adding at the end the following new subsection:
       ``(g) Secretary Concerned for Acceptance of Services for 
     Programs Serving Members of NOAA Corps and Their Families.--
     For purposes of the acceptance of services described in 
     subsection (a)(3), the term `Secretary concerned' in 
     subsection (a) shall include the Secretary of Commerce with 
     respect to members of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration.''.
       (3) Capstone course for newly selected flag officers.--
     Section 2153 of such title is amended--
       (A) in subsection (a)--
       (i) by inserting ``or the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration'' after ``in 
     the case of the Navy''; and
       (ii) by striking ``other armed forces'' and inserting 
     ``other uniformed services''; and
       (B) in subsection (b)(1), in the matter before subparagraph 
     (A), by inserting ``or the Secretary of Commerce, as 
     applicable,'' after ``the Secretary of Defense''.

     SEC. 3826. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.) is 
     amended by inserting after section 261 the following:

     ``SEC. 261A. APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 37, 
                   UNITED STATES CODE.

       ``(a) Provisions Made Applicable to Commissioned Officer 
     Corps.--The provisions of law applicable to the Armed Forces 
     under the following provisions of title 37, United States 
     Code, shall apply to the commissioned officer corps of the 
     Administration:
       ``(1) Section 324, relating to accession bonuses for new 
     officers in critical skills.
       ``(2) Section 403(f)(3), relating to prescribing 
     regulations defining the terms `field duty' and `sea duty'.
       ``(3) Section 403(l), relating to temporary continuation of 
     housing allowance for dependents of members dying on active 
     duty.
       ``(4) Section 488, relating to allowances for recruiting 
     expenses.
       ``(5) Section 495, relating to allowances for funeral 
     honors duty.
       ``(b) References.--The authority vested by title 37, United 
     States Code, in the `military departments', `the Secretary 
     concerned', or `the Secretary of Defense' with respect to the 
     provisions of law referred to in subsection (a) shall be 
     exercised, with respect to the commissioned officer corps of 
     the Administration, by the Secretary of Commerce or the 
     Secretary's designee.''.
       (b) Personal Money Allowance.--Section 414 of title 37, 
     United States Code, is amended by inserting ``or the director 
     of the commissioned officer corps of the National Oceanic and 
     Atmospheric Administration'' after ``Health Service''.
       (c) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 261 the following:

``Sec. 261A. Applicability of certain provisions of title 37, United 
              States Code.''.

     SEC. 3827. LEGION OF MERIT AWARD.

       Section 1121 of title 10, United States Code, is amended by 
     striking ``armed forces'' and inserting ``uniformed 
     services''.

     SEC. 3828. PROHIBITION ON RETALIATORY PERSONNEL ACTIONS.

       (a) In General.--Subsection (a) of section 261 (33 U.S.C. 
     3071), as amended by section 3825(a), is further amended--
       (1) by redesignating paragraphs (8) through (25) as 
     paragraphs (9) through (26), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Section 1034, relating to protected communications 
     and prohibition of retaliatory personnel actions.''.
       (b) Conforming Amendment.--Subsection (b) of such section 
     is amended by adding at the end the following: ``For purposes 
     of paragraph (8) of subsection (a), the term `Inspector 
     General' in section 1034 of such title 10 shall mean the 
     Inspector General of the Department of Commerce.''.
       (c) Regulations.--Such section is further amended by adding 
     at the end the following:
       ``(c) Regulations Regarding Protected Communications and 
     Prohibition of Retaliatory Personnel Actions.--The Secretary 
     may promulgate regulations to carry out the application of 
     section 1034 of title 10, United States Code, to the 
     commissioned officer corps of the Administration, including 
     by promulgating such administrative procedures for 
     investigation and appeal within the commissioned officer 
     corps as the Secretary considers appropriate.''.

     SEC. 3829. PENALTIES FOR WEARING UNIFORM WITHOUT AUTHORITY.

       Section 702 of title 18, United States Code, is amended by 
     striking ``Service or any'' and inserting ``Service, the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration, or any''.

     SEC. 3830. APPLICATION OF CERTAIN PROVISIONS OF COMPETITIVE 
                   SERVICE LAW.

       Section 3304(f) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces'';
       (2) in paragraph (2), by striking ``or veteran'' and 
     inserting ``, veteran, or member''; and
       (3) in paragraph (4), by inserting ``and members of the 
     commissioned officer corps of the National Oceanic and 
     Atmospheric Administration (or its predecessor organization 
     the Coast and Geodetic Survey) separated from such uniformed 
     service'' after ``separated from the armed forces''.

     SEC. 3831. EMPLOYMENT AND REEMPLOYMENT RIGHTS.

       Section 4303(16) of title 38, United States Code, is 
     amended by inserting ``the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration,'' after 
     ``Public Health Service,''.

     SEC. 3832. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS FOR PURPOSES OF CERTAIN HIRING DECISIONS.

       (a) In General.--Subtitle E (33 U.S.C. 3071 et seq.), as 
     amended by this subtitle, is further amended by adding at the 
     end the following:

     ``SEC. 269A. TREATMENT OF COMMISSION IN COMMISSIONED OFFICER 
                   CORPS AS EMPLOYMENT IN ADMINISTRATION FOR 
                   PURPOSES OF CERTAIN HIRING DECISIONS.

       ``(a) In General.--In any case in which the Secretary 
     accepts an application for a position of employment with the 
     Administration and limits consideration of applications for 
     such position to applications submitted by individuals 
     serving in a career or career-conditional position in the 
     competitive service within the Administration, the Secretary 
     shall deem an officer who has served as an officer in the 
     commissioned officer corps for at least 3 years to be serving 
     in a career or career-conditional position in the competitive 
     service within the Administration for purposes of such 
     limitation.
       ``(b) Career Appointments.--If the Secretary selects an 
     application submitted by an officer described in subsection 
     (a) for a position described in such subsection, the 
     Secretary shall give such officer a career or career-
     conditional appointment in the competitive service, as 
     appropriate.
       ``(c) Competitive Service Defined.--In this section, the 
     term `competitive service' has the meaning given the term in 
     section 2102 of title 5, United States Code.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 269, as added by section 3823, the 
     following new item:

``Sec. 269A. Treatment of commission in commissioned officer corps as 
              employment in Administration for purposes of certain 
              hiring decisions.''.

     SEC. 3833. DIRECT HIRE AUTHORITY.

       (a) In General.--The head of a Federal agency may appoint, 
     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, a qualified candidate described in 
     subsection (b) directly to a position in the agency for which 
     the candidate meets qualification standards of the Office of 
     Personnel Management.
       (b) Candidates Described.--A candidate described in this 
     subsection is a current or former member of the commissioned 
     officer corps of the National Oceanic and Atmospheric 
     Administration who--
       (1) fulfilled his or her obligated service requirement 
     under section 216 of the National Oceanic and Atmospheric 
     Administration Commissioned Officer Corps Act of 2002, as 
     added by section 3813;
       (2) if no longer a member of the commissioned officer corps 
     of the Administration, was not discharged or released 
     therefrom as part of a disciplinary action; and
       (3) has been separated or released from service in the 
     commissioned officer corps of the Administration for a period 
     of not more than 5 years.
       (c) Effective Date.--This section shall apply with respect 
     to appointments made in fiscal year 2017 and in each fiscal 
     year thereafter.

            PART III--APPOINTMENTS AND PROMOTION OF OFFICERS

     SEC. 3841. APPOINTMENTS.

       (a) Original Appointments.--Section 221 (33 U.S.C. 3021) is 
     amended to read as follows:

     ``SEC. 221. ORIGINAL APPOINTMENTS AND REAPPOINTMENTS.

       ``(a) Original Appointments.--
       ``(1) Grades.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an original appointment of an officer may be made in such 
     grades as may be appropriate for--
       ``(i) the qualification, experience, and length of service 
     of the appointee; and
       ``(ii) the commissioned officer corps of the 
     Administration.
       ``(B) Appointment of officer candidates.--
       ``(i) Limitation on grade.--An original appointment of an 
     officer candidate, upon graduation from the basic officer 
     training program of the commissioned officer corps of

[[Page S4503]]

     the Administration, may not be made in any other grade than 
     ensign.
       ``(ii) Rank.--Officer candidates receiving appointments as 
     ensigns upon graduation from basic officer training program 
     shall take rank according to their proficiency as shown by 
     the order of their merit at date of graduation.
       ``(2) Source of appointments.--An original appointment may 
     be made from among the following:
       ``(A) Graduates of the basic officer training program of 
     the commissioned officer corps of the Administration.
       ``(B) Graduates of the military service academies of the 
     United States who otherwise meet the academic standards for 
     enrollment in the training program described in subparagraph 
     (A).
       ``(C) Graduates of the maritime academies of the States 
     who--
       ``(i) otherwise meet the academic standards for enrollment 
     in the training program described in subparagraph (A);
       ``(ii) completed at least 3 years of regimented training 
     while at a maritime academy of a State; and
       ``(iii) obtained an unlimited tonnage or unlimited 
     horsepower Merchant Mariner Credential from the United States 
     Coast Guard.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer, who 
     otherwise meet the academic standards for enrollment in the 
     training program described in subparagraph (A).
       ``(3) Definitions.--In this subsection:
       ``(A) Maritime academies of the states.--The term `maritime 
     academies of the States' means the following:
       ``(i) California Maritime Academy, Vallejo, California.
       ``(ii) Great Lakes Maritime Academy, Traverse City, 
     Michigan.
       ``(iii) Maine Maritime Academy, Castine, Maine.
       ``(iv) Massachusetts Maritime Academy, Buzzards Bay, 
     Massachusetts.
       ``(v) State University of New York Maritime College, Fort 
     Schuyler, New York.
       ``(vi) Texas A&M Maritime Academy, Galveston, Texas.
       ``(B) Military service academies of the united states.--The 
     term `military service academies of the United States' means 
     the following:
       ``(i) The United States Military Academy, West Point, New 
     York.
       ``(ii) The United States Naval Academy, Annapolis, 
     Maryland.
       ``(iii) The United States Air Force Academy, Colorado 
     Springs, Colorado.
       ``(iv) The United States Coast Guard Academy, New London, 
     Connecticut.
       ``(v) The United States Merchant Marine Academy, Kings 
     Point, New York.
       ``(b) Reappointment.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual who previously served in the commissioned officer 
     corps of the Administration may be appointed by the Secretary 
     to the grade the individual held prior to separation.
       ``(2) Reappointments to higher grades.--An appointment 
     under paragraph (1) to a position of importance and 
     responsibility designated under section 228 may only be made 
     by the President.
       ``(c) Qualifications.--An appointment under subsection (a) 
     or (b) may not be given to an individual until the 
     individual's mental, moral, physical, and professional 
     fitness to perform the duties of an officer has been 
     established under such regulations as the Secretary shall 
     prescribe.
       ``(d) Precedence of Appointees.--Appointees under this 
     section shall take precedence in the grade to which appointed 
     in accordance with the dates of their commissions as 
     commissioned officers in such grade. Appointees whose dates 
     of commission are the same shall take precedence with each 
     other as the Secretary shall determine.
       ``(e) Inter-Service Transfers.--For inter-service transfers 
     (as described in the Department of Defense Directive 1300.4 
     (dated December 27, 2006)) the Secretary shall--
       ``(1) coordinate with the Secretary of Defense and the 
     Secretary of the Department in which the Coast Guard is 
     operating to promote and streamline inter-service transfers;
       ``(2) give preference to such inter-service transfers for 
     recruitment purposes as determined appropriate by the 
     Secretary; and
       ``(3) reappoint such inter-service transfers to the 
     equivalent grade in the commissioned officer corps.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to authorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 221 and inserting the following:

``Sec. 221. Original appointments and reappointments.''.

     SEC. 3842. PERSONNEL BOARDS.

       Section 222 (33 U.S.C. 3022) is amended to read as follows:

     ``SEC. 222. PERSONNEL BOARDS.

       ``(a) Convening.--Not less frequently than once each year 
     and at such other times as the Secretary determines 
     necessary, the Secretary shall convene a personnel board.
       ``(b) Membership.--
       ``(1) In general.--A board convened under subsection (a) 
     shall consist of 5 or more officers who are serving in or 
     above the permanent grade of the officers under consideration 
     by the board.
       ``(2) Retired officers.--Officers on the retired list may 
     be recalled to serve on such personnel boards as the 
     Secretary considers necessary.
       ``(3) No membership on 2 successive boards.--No officer may 
     be a member of 2 successive personnel boards convened to 
     consider officers of the same grade for promotion or 
     separation.
       ``(c) Duties.--Each personnel board shall--
       ``(1) recommend to the Secretary such changes as may be 
     necessary to correct any erroneous position on the lineal 
     list that was caused by administrative error; and
       ``(2) make selections and recommendations to the Secretary 
     and the President for the appointment, promotion, involuntary 
     separation, continuation, and involuntary retirement of 
     officers in the commissioned officer corps of the 
     Administration as prescribed in this title.
       ``(d) Action on Recommendations Not Acceptable.--If any 
     recommendation by a board convened under subsection (a) is 
     not accepted by the Secretary or the President, the board 
     shall make such further recommendations as the Secretary or 
     the President considers appropriate.''.

     SEC. 3843. DELEGATION OF AUTHORITY.

       Section 226 (33 U.S.C. 3026) is amended--
       (1) by striking ``Appointments'' and inserting the 
     following:
       ``(a) In General.--Appointments''; and
       (2) by adding at the end the following:
       ``(b) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.

     SEC. 3844. ASSISTANT ADMINISTRATOR OF THE OFFICE OF MARINE 
                   AND AVIATION OPERATIONS.

       Section 228(c) (33 U.S.C. 3028(c)) is amended--
       (1) in the fourth sentence, by striking ``Director'' and 
     inserting ``Assistant Administrator''; and
       (2) in the heading, by inserting ``Assistant Administrator 
     of the'' before ``Office''.

     SEC. 3845. TEMPORARY APPOINTMENTS.

       (a) In General.--Section 229 (33 U.S.C. 3029) is amended to 
     read as follows:

     ``SEC. 229. TEMPORARY APPOINTMENTS.

       ``(a) Appointments by President.--Temporary appointments in 
     the grade of ensign, lieutenant junior grade, or lieutenant 
     may be made by the President.
       ``(b) Termination.--A temporary appointment to a position 
     under subsection (a) shall terminate upon approval of a 
     permanent appointment for such position made by the 
     President.
       ``(c) Order of Precedence.--Appointees under subsection (a) 
     shall take precedence in the grade to which appointed in 
     accordance with the dates of their appointments as officers 
     in such grade. The order of precedence of appointees who are 
     appointed on the same date shall be determined by the 
     Secretary.
       ``(d) Any One Grade.--When determined by the Secretary to 
     be in the best interest of the commissioned officer corps, 
     officers in any permanent grade may be temporarily promoted 
     one grade by the President. Any such temporary promotion 
     terminates upon the transfer of the officer to a new 
     assignment.
       ``(e) Delegation of Appointment Authority.--If the 
     President delegates authority to the Secretary to make 
     appointments under this section, the President shall, during 
     a period in which the position of the Secretary is vacant, 
     delegate such authority to the Deputy Secretary of Commerce 
     or the Under Secretary for Oceans and Atmosphere during such 
     period.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by striking the item relating 
     to section 229 and inserting the following:

``Sec. 229. Temporary appointments.''.

     SEC. 3846. OFFICER CANDIDATES.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 234. OFFICER CANDIDATES.

       ``(a) Determination of Number.--The Secretary shall 
     determine the number of appointments of officer candidates.
       ``(b) Appointment.--Appointment of officer candidates shall 
     be made under regulations which the Secretary shall 
     prescribe, including regulations with respect to determining 
     age limits, methods of selection of officer candidates, term 
     of service as an officer candidate before graduation from the 
     program, and all other matters affecting such appointment.
       ``(c) Dismissal.--The Secretary may dismiss from the basic 
     officer training program of the Administration any officer 
     candidate who, during the officer candidate's term as an 
     officer candidate, the Secretary considers unsatisfactory in 
     either academics or conduct, or not adapted for a career in 
     the commissioned officer corps of the Administration. Officer 
     candidates shall be subject to rules governing discipline 
     prescribed by the Director of the National Oceanic and 
     Atmospheric Administration Commissioned Officer Corps.
       ``(d) Agreement.--
       ``(1) In general.--Each officer candidate shall sign an 
     agreement with the Secretary

[[Page S4504]]

     in accordance with section 216(a)(2) regarding the officer 
     candidate's term of service in the commissioned officer corps 
     of the Administration.
       ``(2) Elements.--An agreement signed by an officer 
     candidate under paragraph (1) shall provide that the officer 
     candidate agrees to the following:
       ``(A) That the officer candidate will complete the course 
     of instruction at the basic officer training program of the 
     Administration.
       ``(B) That upon graduation from the such program, the 
     officer candidate--
       ``(i) will accept an appointment, if tendered, as an 
     officer; and
       ``(ii) will serve on active duty for at least 4 years 
     immediately after such appointment.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include--
       ``(1) standards for determining what constitutes a breach 
     of an agreement signed under such subsection (d)(1); and
       ``(2) procedures for determining whether such a breach has 
     occurred.
       ``(f) Repayment.--An officer candidate or former officer 
     candidate who does not fulfill the terms of the obligation to 
     serve as specified under section (d) shall be subject to the 
     repayment provisions of section 216(b).''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372) is amended by inserting after the item 
     relating to section 233 the following:

``Sec. 234. Officer candidates.''.
       (c) Officer Candidate Defined.--Section 212(b) (33 U.S.C. 
     3002(b)) is amended--
       (1) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Officer candidate.--The term `officer candidate' 
     means an individual who is enrolled in the basic officer 
     training program of the Administration and is under 
     consideration for appointment as an officer under section 
     221(a)(2)(A).''.
       (d) Pay for Officer Candidates.--Section 203 of title 37, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f)(1) An officer candidate enrolled in the basic officer 
     training program of the commissioned officer corps of the 
     National Oceanic and Atmospheric Administration is entitled, 
     while participating in such program, to monthly officer 
     candidate pay at monthly rate equal to the basic pay of an 
     enlisted member in the pay grade E-5 with less than 2 years 
     service.
       ``(2) An individual who graduates from such program shall 
     receive credit for the time spent participating in such 
     program as if such time were time served while on active duty 
     as a commissioned officer. If the individual does not 
     graduate from such program, such time shall not be considered 
     creditable for active duty or pay.''.

     SEC. 3847. PROCUREMENT OF PERSONNEL.

       (a) In General.--Subtitle B (33 U.S.C. 3021 et seq.), as 
     amended by section 3846(a), is further amended by adding at 
     the end the following:

     ``SEC. 235. PROCUREMENT OF PERSONNEL.

       ``The Secretary may make such expenditures as the Secretary 
     considers necessary in order to obtain recruits for the 
     commissioned officer corps of the Administration, including 
     advertising.''.
       (b) Clerical Amendment.--The table of sections in section 1 
     of the Act entitled ``An Act to reauthorize the Hydrographic 
     Services Improvement Act of 1998, and for other purposes'' 
     (Public Law 107-372), as amended by section 3846(b), is 
     further amended by inserting after the item relating to 
     section 234 the following:

``235. Procurement of personnel.''.

             PART IV--SEPARATION AND RETIREMENT OF OFFICERS

     SEC. 3851. INVOLUNTARY RETIREMENT OR SEPARATION.

       Section 241 (33 U.S.C. 3041) is amended by adding at the 
     end the following:
       ``(d) Deferment of Retirement or Separation for Medical 
     Reasons.--
       ``(1) In general.--If the Secretary determines that the 
     evaluation of the medical condition of an officer requires 
     hospitalization or medical observation that cannot be 
     completed with confidence in a manner consistent with the 
     officer's well being before the date on which the officer 
     would otherwise be required to retire or be separated under 
     this section, the Secretary may defer the retirement or 
     separation of the officer.
       ``(2) Consent required.--A deferment may only be made with 
     the written consent of the officer involved. If the officer 
     does not provide written consent to the deferment, the 
     officer shall be retired or separated as scheduled.
       ``(3) Limitation.--A deferral of retirement or separation 
     under this subsection may not extend for more than 30 days 
     after completion of the evaluation requiring hospitalization 
     or medical observation.''.

     SEC. 3852. SEPARATION PAY.

       Section 242 (33 U.S.C. 3042) is amended by adding at the 
     end the following:
       ``(d) Exception.--An officer discharged for twice failing 
     selection for promotion to the next higher grade is not 
     entitled to separation pay under this section if the 
     officer--
       ``(1) expresses a desire not to be selected for promotion; 
     or
       ``(2) requests removal from the list of selectees.''.

            PART V--HYDROGRAPHIC SERVICES AND OTHER MATTERS

     SEC. 3861. REAUTHORIZATION OF HYDROGRAPHIC SERVICES 
                   IMPROVEMENT ACT OF 1998.

       (a) Reauthorizations.--Section 306 of the Hydrographic 
     Services Improvement Act of 1998 (33 U.S.C. 892d) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``There 
     are'' and inserting the following:
       ``(a) In General.--There are'';
       (2) in subsection (a) (as designated by paragraph (1))--
       (A) in paragraph (1), by striking ``surveys--'' and all 
     that follows through the end of the paragraph and inserting 
     ``surveys, $70,814,000 for each of fiscal years 2017 through 
     2021.'';
       (B) in paragraph (2), by striking ``vessels--'' and all 
     that follows through the end of the paragraph and inserting 
     ``vessels, $25,000,000 for each of fiscal years 2017 through 
     2021.'';
       (C) in paragraph (3), by striking ``Administration--'' and 
     all that follows through the end of the paragraph and 
     inserting ``Administration, $29,932,000 for each of fiscal 
     years 2017 through 2021.'';
       (D) in paragraph (4), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $26,800,000 for each of fiscal years 2017 through 
     2021.''; and
       (E) in paragraph (5), by striking ``title--'' and all that 
     follows through the end of the paragraph and inserting 
     ``title, $30,564,000 for each of fiscal years 2017 through 
     2021.''; and
       (3) by adding at the end the following:
       ``(b) Arctic Programs.--Of the amount authorized by this 
     section for each fiscal year--
       ``(1) $10,000,000 is authorized for use--
       ``(A) to acquire hydrographic data;
       ``(B) to provide hydrographic services;
       ``(C) to conduct coastal change analyses necessary to 
     ensure safe navigation;
       ``(D) to improve the management of coastal change in the 
     Arctic; and
       ``(E) to reduce risks of harm to Alaska Native subsistence 
     and coastal communities associated with increased 
     international maritime traffic; and
       ``(2) $2,000,000 is authorized for use to acquire 
     hydrographic data and provide hydrographic services in the 
     Arctic necessary to delineate the United States extended 
     Continental Shelf.''.
       (b) Limitation on Administrative Expenses for Surveys.--
     Section 306 of such Act (33 U.S.C. 892d) is further amended 
     by adding at the end the following:
       ``(c) Limitation on Administrative Expenses for Surveys.--
     Of amounts authorized by this section for each fiscal year 
     for contract hydrographic surveys, not more than 5 percent is 
     authorized for administrative costs associated with contract 
     management.''.

     SEC. 3862. SYSTEM FOR TRACKING AND REPORTING ALL-INCLUSIVE 
                   COST OF HYDROGRAPHIC SURVEYS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall--
       (1) develop and implement a system to track and report the 
     full cost to the Department of Commerce of hydrographic data 
     collection, including costs relating to vessel acquisition, 
     vessel repair, and administration of contracts to procure 
     data;
       (2) evaluate additional measures for comparing cost per 
     unit effort beyond square nautical miles; and
       (3) submit to Congress a report on which additional 
     measures for comparing cost per unit effort the Secretary 
     intends to use and the rationale for such use.
       (b) Development of Strategy for Increased Contracting With 
     Nongovernmental Entities for Hydrographic Data Collection.--
     Not later than 180 days after the date on which the Secretary 
     completes the activities required by subsection (a), the 
     Secretary shall develop a strategy for how the National 
     Oceanic and Atmospheric Administration will increase 
     contracting with nongovernmental entities for hydrographic 
     data collection in a manner that is consistent with the 
     requirements of the Ocean and Coastal Mapping Integration Act 
     (Public Law 111-11; 33 U.S.C. 3501 et seq.).

     SEC. 3863. HOMEPORT OF CERTAIN RESEARCH VESSELS.

       (a) Acceptance of Funds Authorized.--The Secretary of 
     Commerce may accept non-Federal funds for the purpose of 
     obtaining such cost estimates, designs, permits, and 
     construction as may be necessary for construction of a new 
     port facility--
       (1) to facilitate the homeporting of the R/V FAIRWEATHER in 
     accordance with title II of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 775); 
     and
       (2) that is under the administrative jurisdiction of the 
     Under Secretary for Oceans and Atmosphere.
       (b) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to Congress a strategic plan for the 
     construction described in subsection (a).
       (c) Acceptance of Funds Authorized.--The Secretary of 
     Commerce may accept non-Federal funds for the purpose of 
     obtaining such cost estimates, designs, permits, and 
     construction as may be necessary for construction of a new 
     port facility--
       (1) to facilitate the homeporting of a new, existing, or 
     reactivated research vessel in the city of St. Petersburg, 
     Florida; and

[[Page S4505]]

       (2) that is under the administrative jurisdiction of the 
     Under Secretary for Oceans and Atmosphere.
       (d) Strategic Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     develop and submit to Congress a strategic plan for 
     construction or acquisition of the facilities needed to allow 
     for an oceanographic research vessel to be homeported in St. 
     Petersburg, Florida. The strategic plan shall include an 
     estimate of funding needed to construct such facilities.
                                 ______
                                 
  SA 496. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, insert the 
     following:

     SEC. 710. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING 
                   STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM.

       Section 1074g(d) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) With respect to the TRICARE retail pharmacy program 
     described in subsection (a)(2)(E)(ii), the Secretary shall 
     ensure that a contract entered into with a TRICARE pharmacy 
     program contractor includes requirements described in section 
     1860D-12(b)(6) of the Social Security Act (42 U.S.C. 1395w-
     112(b)(6)) to ensure the provision of information regarding 
     the pricing standard for prescription drugs.''.
                                 ______
                                 
  SA 497. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ELIGIBILITY FOR CERTAIN HEALTH CARE BENEFITS OF 
                   MEMBERS OF THE SELECTED RESERVE ORDERED TO 
                   ACTIVE DUTY FOR PREPLANNED MISSIONS IN SUPPORT 
                   OF THE COMBATANT COMMANDS.

       (a) Pre-mobilization Health Care.--Section 1074(d)(2) of 
     title 10, United States Code, is amended by striking ``in 
     support of a contingency operation under'' and inserting 
     ``under section 12304b of this title or''.
       (b) Transitional Health Care.--Section 1145(a)(2)(B) of 
     such title is amended by striking ``in support of a 
     contingency operation'' and inserting ``under section 12304b 
     of this title or a provision of law referred to in section 
     101(a)(13)(B) of this title''.
                                 ______
                                 
  SA 498. Mr. McCAIN (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill H.R. 2810, to authorize 
appropriations for fiscal year 2018 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 786, between lines 3 and 4, insert the following:

              Subtitle A--Authorization of Appropriations

       On page 787, strike lines 1 through 6 and insert the 
     following:

Subtitle B--Defense Force and Infrastructure Review and Recommendations

     SEC. 2711. SHORT TITLE; PURPOSE.

       (a) Short Title.--This subtitle may be cited as the 
     ``Defense Force and Infrastructure Review Act of 2017''.
       (b) Purpose.--The purpose of this subtitle is to provide a 
     fair and transparent process that will result in the credible 
     analysis of infrastructure requirements and recommendations 
     for military infrastructure.

     SEC. 2712. PROCEDURE FOR MAKING RECOMMENDATIONS FOR 
                   INFRASTRUCTURE CLOSURES AND REALIGNMENTS.

       (a) Force-structure Plan and Infrastructure Inventory.--(1) 
     As part of the budget justification documents submitted to 
     Congress in support of the budget for the Department of 
     Defense for fiscal year 2019, the Secretary shall submit to 
     Congress the following:
       (A)(i) Subject to clause (ii), a force-structure plan for 
     the Armed Forces based on the most recent National Military 
     Strategy, an assessment by the Secretary of the probable 
     threats to the national security during the 20-year period 
     beginning with that fiscal year, the probable end-strength 
     levels and major military force units (including land force 
     divisions, carrier and other major combatant vessels, air 
     wings, and other comparable units) needed to meet those 
     threats, and the anticipated levels of funding that will be 
     available for national defense purposes during such period.
       (ii) The force structure described in the force-structure 
     plan under clause (i) shall contain, at a minimum, a Navy of 
     355 ships, an Air Force of 1500 combat coded aircraft, an 
     Army of 60 brigade combat teams, and a Marine Corps of three 
     Marine expeditionary forces, together with all enabling and 
     supporting elements.
       (B) A comprehensive inventory of military installations 
     world-wide for each military department, with specifications 
     of the number and type of facilities in the active and 
     reserve forces of each military department.
       (2) Using the most recent National Military Strategy and 
     the force-structure plan and infrastructure inventory 
     prepared under paragraph (1), the Secretary shall prepare 
     (and include as part of the submission of such plan and 
     inventory) the following:
       (A) A description of the infrastructure necessary to 
     support the force structure described in the force-structure 
     plan.
       (B) A discussion of categories of excess infrastructure and 
     infrastructure capacity within the United States and the 
     target of the Secretary for the reduction of such excess 
     capacity.
       (C) An economic analysis of the effect of the closure or 
     realignment of military installations to reduce excess 
     infrastructure.
       (3) In determining the level of necessary versus excess 
     infrastructure under paragraph (2), the Secretary shall 
     consider the following:
       (A) The anticipated continuing need for and availability of 
     military installations outside the United States, taking into 
     account current restrictions on the use of military 
     installations outside the United States and the potential for 
     future prohibitions or restrictions on the use of such 
     military installations.
       (B) Any efficiencies that may be gained from joint tenancy 
     by more than one branch of the Armed Forces at a military 
     installation.
       (4) The Secretary may revise the force-structure plan and 
     infrastructure inventory prepared under paragraph (1). If the 
     Secretary makes such a revision, the Secretary shall submit 
     the revised plan or inventory to Congress not later than 
     September 15, 2018. For purposes of selecting military 
     installations for closure or realignment under this subtitle, 
     no revision of the force-structure plan or infrastructure 
     inventory is authorized after September 15, 2018.
       (b) Certification of Need for Further Closures and 
     Realignments.--(1) On the basis of the force-structure plan 
     and infrastructure inventory prepared under subsection (a) 
     and the descriptions and economic analysis prepared under 
     such subsection, the Secretary shall include as part of the 
     submission of the plan and inventory--
       (A) a certification regarding whether the need exists for 
     the closure or realignment of additional military 
     installations; and
       (B) if such need exists, a certification that the 
     additional round of closures and realignments would result in 
     substantial annual net savings for the Department of Defense 
     following the completion of such closures and realignments.
       (2) If the Secretary does not include the certifications 
     referred to in paragraph (1) as part of the submission of the 
     force-structure plan and infrastructure inventory prepared 
     under subsection (a), the President may not commence a round 
     for the selection of military installations for closure and 
     realignment under this subtitle in the year following 
     submission of the force-structure plan and infrastructure 
     inventory.
       (c) Comptroller General Evaluation.--(1) If the 
     certification is provided under subsection (b), the 
     Comptroller General of the United States shall prepare an 
     evaluation of the following:
       (A) The force-structure plan and infrastructure inventory 
     prepared under subsection (a) and the final selection 
     criteria specified in subsection (d), including an evaluation 
     of the accuracy and analytical sufficiency of such plan, 
     inventory, and criteria.
       (B) The need for the closure or realignment of additional 
     military installations.
       (2) The Comptroller General shall submit to Congress the 
     evaluation prepared under paragraph (1) not later than 60 
     days after the date on which the force-structure plan and 
     infrastructure inventory are submitted to Congress.
       (d) Final Selection Criteria.--(1) The final criteria to be 
     used by the Secretary in making recommendations for the 
     closure or realignment of military installations in the 
     United States under this subtitle shall be the military value 
     criteria specified in paragraph (2) and other criteria 
     specified in paragraph (3).
       (2) The military value criteria specified in this paragraph 
     are as follows:
       (A) The current and future mission capabilities and the 
     impact on operational readiness of the total force of the 
     Department of Defense, including the impact on joint 
     warfighting, training, and readiness.
       (B) The availability and condition of land, facilities, and 
     associated airspace (including training areas suitable for 
     maneuver by ground, naval, or air forces throughout a 
     diversity of climate and terrain areas and staging areas for 
     the use of the Armed Forces in homeland defense missions) at 
     both existing and potential receiving locations.
       (C) The ability to accommodate contingency, mobilization, 
     surge, and future total

[[Page S4506]]

     force requirements at both existing and potential receiving 
     locations to support operations and training.
       (D) The cost of operations and the manpower implications.
       (E) The strategic impact of the location of an installation 
     on operational plans, contingency plans, and missions of the 
     combatant commands.
       (3)(A) The other criteria that the Secretary shall use in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle are as follows:
       (i) The extent and timing of potential costs and savings, 
     including the number of years, beginning with the date of 
     completion of the closure or realignment, for the savings to 
     exceed the costs.
       (ii) The economic impact on existing communities in the 
     vicinity of military installations.
       (iii) The extent with which a closure or realignment 
     contributes to the reduction of excess infrastructure and 
     infrastructure capacity to meet the targeted reduction 
     established by the Secretary as required by subsection 
     (a)(2)(B).
       (iv) The ability of the infrastructure of both the existing 
     and potential receiving communities to support forces, 
     missions, and personnel.
       (v) The cost of mitigating the impact of any increases of 
     such forces, missions, and personnel at receiving locations 
     to maintain the level of service that exists prior to the 
     closure or realignment.
       (vi) The environmental impact, including the impact of 
     costs related to potential environmental restoration, 
     vulnerability adaptation, mitigation, waste management, and 
     environmental compliance activities.
       (B) When determining the costs associated with a closure or 
     realignment under subparagraph (A)(i), the Secretary shall 
     consider costs associated with military construction, 
     information technology, environmental remediation, relocation 
     of personnel, termination of public-private contracts, 
     guarantees, and other factors contributing to the cost of a 
     closure or realignment as determined by the Secretary.
       (e) Priority Given to Military Value.--The Secretary shall 
     give priority consideration to the military value criteria 
     specified in subsection (d)(2) in the making of 
     recommendations for the closure or realignment of military 
     installations.
       (f) Effect on Department and Other Agency Costs.--Selection 
     criteria relating to cost savings or return on investment 
     from the proposed closure or realignment of military 
     installations under this subtitle shall take into account the 
     effect of the proposed closure or realignment on the costs of 
     any other activity of the Department of Defense or any other 
     Federal agency that may be required to assume responsibility 
     for activities at the military installations.
       (g) Relation to Other Materials.--The final selection 
     criteria specified in subsection (d) shall be the only 
     criteria to be used, along with the force-structure plan and 
     infrastructure inventory referred to in subsection (a), in 
     making recommendations for the closure or realignment of 
     military installations in the United States under this 
     subtitle.
       (h) Department of Defense Recommendations.--(1)(A) If the 
     Secretary makes the certifications required under subsection 
     (b), the Secretary shall, by not later than May 15, 2019, 
     publish in the Federal Register--
       (i) with respect to each military installation in the 
     United States, unclassified assessment data of the current 
     condition of facilities and infrastructure and an 
     environmental baseline of known contamination and remediation 
     activities at each such installation that will be used by the 
     Secretary to develop closure and realignment recommendations; 
     and
       (ii) standard rules to be used by the Secretary to 
     calculate annual recurring savings for manpower, base 
     operating costs, utility costs, base closure guarantees, 
     service-sharing agreements, and other installation support 
     activities that the Secretary will use in the determination 
     of the savings derived from closure and realignment of 
     military installations.
       (B) The Secretary shall provide a public comment period of 
     60 days to allow for a review of the data published under 
     subparagraph (A) and an opportunity for the Secretary to 
     correct the assessments to ensure accurate and reliable 
     information is used for final closure and realignment 
     recommendations.
       (C) If the Secretary does not publish the data or standard 
     rules under subparagraph (A) by May 15, 2019, the President 
     shall not commence a round for the selection of military 
     installations for closure and realignment under this 
     subtitle.
       (2)(A) If the Secretary makes the certifications required 
     under subsection (b), the Secretary shall, by not later than 
     October 15, 2019, publish in the Federal Register and 
     transmit to the congressional defense committees a list of 
     the military installations inside the United States that the 
     Secretary recommends for closure or realignment on the basis 
     of the force-structure plan and infrastructure inventory 
     prepared by the Secretary under subsection (a) and the final 
     selection criteria specified in subsection (d).
       (B) The closures and realignments included in the list 
     published by the Secretary under subparagraph (A) may not 
     have an estimated cost to implement that exceeds 
     $5,000,000,000 as certified by the Director of Cost Analysis 
     and Program Evaluation of the Department of Defense.
       (C) At the same time as the transmittal of the list under 
     subparagraph (A), the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a certification that--
       (i) the recommendations included in such list will yield 
     net savings to the Department of Defense within seven years 
     of completing the closures and realignments included in such 
     recommendations; and
       (ii) no individual recommendation for closure or 
     realignment is included in such list unless the closure or 
     realignment demonstrates net savings to the Department within 
     10 years.
       (D) Not later than seven days after the transmittal of the 
     list of recommendations for closure and realignment under 
     subparagraph (A), the Secretary shall submit to the 
     congressional defense committees--
       (i) a summary of the selection process that resulted in the 
     recommendation for each installation, including a 
     justification for each recommendation based on the final 
     selection criteria under subsection (d); and
       (ii) for each such recommendation, a master plan that 
     contains a list of each facility action (including 
     construction, development, conversion, or extension, and any 
     acquisition of land necessary to produce a complete and 
     usable facility or a complete and usable improvement to an 
     existing facility) required to carry out the closure or 
     realignment, including the scope of work, cost, and timing of 
     each construction activity as documented in military 
     construction project data justifications.
       (E) With respect to each recommendation for closure or 
     realignment of a military installation under subparagraph 
     (A), the construction scope and cost data contained in the 
     master plan under subparagraph (D)(ii) for such installation 
     shall be deemed to be the authorization by law to carry out 
     the construction activity as required under chapter 169 of 
     title 10, United States Code.
       (3)(A) In considering military installations for closure or 
     realignment, the Secretary shall consider all military 
     installations in the United States equally without regard to 
     whether the installation has been previously considered or 
     proposed for closure or realignment by the Department.
       (B) In considering military installations for closure or 
     realignment, the Secretary may not take into account for any 
     purpose any advance conversion planning undertaken by an 
     affected community with respect to the anticipated closure or 
     realignment of an installation.
       (C) For purposes of subparagraph (B), in the case of a 
     community anticipating the economic effects of a closure or 
     realignment of a military installation, advance conversion 
     planning--
       (i) shall include community adjustment and economic 
     diversification planning undertaken by the community before 
     an anticipated selection of a military installation in or 
     near the community for closure or realignment; and
       (ii) may include the development of contingency 
     redevelopment plans, plans for economic development and 
     diversification, and plans for the joint use (including 
     civilian and military use, public and private use, civilian 
     dual use, and civilian shared use) of the property or 
     facilities of the installation after the anticipated closure 
     or realignment.
       (D) In making recommendations for closure or realignment of 
     a military installation under subparagraph (A), the Secretary 
     shall consider any notice received from a local government in 
     the vicinity of a military installation that the government 
     would approve of the closure or realignment of the 
     installation.
       (E) Notwithstanding the requirement in subparagraph (D), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan, 
     infrastructure inventory, and final selection criteria 
     otherwise applicable to such recommendations.
       (F) The recommendations shall include a statement of the 
     result of the consideration of any notice described in 
     subparagraph (D) that is received with respect to a military 
     installation covered by such recommendations. The statement 
     shall set forth the reasons for the result.
       (G) For each closure recommendation, and based on an 
     assessment of the extent of economic impact to local 
     communities supporting the military installation to be 
     closed, the Secretary shall determine and propose an amount 
     to be provided to the local redevelopment agency within a 
     year of the final decision to close the installation to be 
     used to accelerate local redevelopment activities.
       (4)(A) In addition to making all information used by the 
     Secretary to prepare the recommendations under this 
     subsection available to Congress (including any committee or 
     member of Congress), the Secretary shall also make such 
     information available to the Comptroller General of the 
     United States.
       (B) The Comptroller General shall analyze the information 
     made available to the Comptroller General under subparagraph 
     (A) for each recommendation (including information provided 
     by local communities) and submit any recommendations of the 
     Comptroller General to Congress for consideration.
       (5)(A) Each person referred to in subparagraph (B), when 
     submitting information to the Secretary of Defense concerning 
     the closure or realignment of a military installation, shall 
     certify that such information is

[[Page S4507]]

     accurate and complete to the best of that person's knowledge 
     and belief.
       (B) Subparagraph (A) applies to the following persons:
       (i) The Secretaries of the military departments.
       (ii) The heads of the Defense Agencies.
       (iii) Each person who is in a position the duties of which 
     include personal and substantial involvement in the 
     preparation and submission of information and recommendations 
     concerning the closure or realignment of military 
     installations, as designated in regulations that the 
     Secretary of Defense shall prescribe, regulations that the 
     Secretary of each military department shall prescribe for 
     personnel within that military department, or regulations 
     that the head of each Defense Agency shall prescribe for 
     personnel within that Defense Agency.
       (6) Any information provided to the Secretary of Defense by 
     a person described in paragraph (5)(B), regardless of the 
     method of transmission, shall be made available for the 
     public record and submitted in written form to the Senate and 
     the House of Representatives to be made available to the 
     Members of the House concerned in accordance with the rules 
     of that House. The information shall be submitted to the 
     Senate and House of Representatives within 48 hours after the 
     submission of the information to the Secretary.
       (7) No military installation may be recommended for 
     inactive status under this subsection unless the Secretary 
     certifies that its use for future mobilization is essential 
     to meet operational plans.
       (8) The Secretary shall analyze and, to the extent the 
     Secretary considers appropriate, recommend the realignment 
     and closure of military installations outside the United 
     States.
       (9) Not later than October 31, 2019, the Secretary shall 
     submit to the President a report containing a list of the 
     military installations that the Secretary recommends for 
     closure or realignment under this subsection, including 
     recommendations regarding military installations outside the 
     United States under paragraph (8).
       (i) Review by the President.--(1) The President shall, by 
     not later than November 15, 2019, transmit to Congress a 
     report containing the President's approval or disapproval of 
     the recommendations of the Secretary under subsection (h).
       (2) If the President approves all of the recommendations of 
     the Secretary, the President shall transmit a copy of such 
     recommendations to Congress, together with a certification of 
     such approval.
       (3) If the President disapproves of the recommendations of 
     the Secretary, in whole or in part, the President shall 
     transmit to Congress the reasons for that disapproval. The 
     Secretary shall then transmit to the President, by not later 
     than December 1, 2019, a revised list of recommendations for 
     the closure and realignment of military installations.
       (4) If the President approves all of the revised 
     recommendations of the Secretary transmitted to the President 
     under paragraph (3), the President shall transmit a copy of 
     such revised recommendations to Congress, together with a 
     certification of such approval.
       (5) If the President does not transmit to Congress an 
     approval and certification described in paragraph (2) or (4) 
     by December 2, 2019, the process by which military 
     installations may be selected for closure or realignment 
     under this subtitle shall be terminated.

     SEC. 2713. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS.

       (a) In General.--The Secretary shall--
       (1) close all military installations recommended for 
     closure in the report transmitted to Congress by the 
     President pursuant to section 2712(i) and approved under 
     subsection (b);
       (2) realign all military installations recommended for 
     realignment in such report and approved under such 
     subsection;
       (3) carry out the privatization in place of a military 
     installation recommended for closure or realignment in such 
     report and approved under such subsection only if 
     privatization in place is a method of closure or realignment 
     of the military installation specified in the recommendations 
     in such report and is determined by the Secretary to be the 
     most cost-effective method of implementation of the 
     recommendation;
       (4) carry out the construction activities contained in the 
     master plan for the military installation as required under 
     section 2712(h)(2)(D)(ii);
       (5) initiate all such closures and realignments not later 
     than two years after the date on which the President 
     transmits the report to Congress pursuant to section 2712(i) 
     containing the recommendations for such closures or 
     realignments; and
       (6) complete all such closures and realignments not later 
     than the end of the five-year period beginning on the date on 
     which the President transmits the report pursuant to section 
     2712(i) containing the recommendations for such closures or 
     realignments.
       (b) Congressional Approval.--The Secretary may not carry 
     out a closure or realignment recommended in the report 
     transmitted by the President pursuant to section 2712(i) 
     unless a joint resolution is enacted approving that closure 
     or realignment.

     SEC. 2714. IMPLEMENTATION AND ANALYSIS.

       (a) Use in Making Assessments and Recommendations.--In 
     making assessments and recommendations under section 2712, 
     the Secretary shall analyze the requirements and authorities 
     under this section and consider all of the actions to be 
     taken under this section with respect to closing or 
     realigning a military installation under this subtitle.
       (b) Implementation.--(1) In closing or realigning any 
     military installation under this subtitle, the Secretary 
     may--
       (A) take such actions as may be necessary to close or 
     realign any military installation, including the acquisition 
     of such land, the construction of such replacement 
     facilities, the performance of such activities, and the 
     conduct of such advance planning and design as may be 
     required to transfer functions from a military installation 
     being closed or realigned to another military installation, 
     and may use for such purpose funds in the Account or funds 
     appropriated to the Department of Defense for use in planning 
     and design, minor construction, or operation and maintenance;
       (B)(i) provide--
       (I) economic adjustment assistance to any community located 
     near a military installation being closed or realigned, and
       (II) community planning assistance to any community located 
     near a military installation to which functions will be 
     transferred as a result of the closure or realignment of a 
     military installation,
     if the Secretary of Defense determines that the financial 
     resources available to the community (by grant or otherwise) 
     for such purposes are inadequate, and may use for such 
     purposes funds in the Account or funds appropriated to the 
     Department of Defense for economic adjustment assistance or 
     community planning assistance;
       (C) carry out activities for the purposes of environmental 
     restoration and mitigation at any such installation, and 
     shall use for such purposes funds in the Account;
       (D) provide outplacement assistance to civilian employees 
     employed by the Department of Defense at military 
     installations being closed or realigned, and may use for such 
     purpose funds in the Account or funds appropriated to the 
     Department of Defense for outplacement assistance to 
     employees; and
       (E) reimburse other Federal agencies for actions performed 
     at the request of the Secretary with respect to any such 
     closure or realignment, and may use for such purpose funds in 
     the Account or funds appropriated to the Department of 
     Defense and available for such purpose.
       (2) In carrying out any closure or realignment under this 
     subtitle, the Secretary shall ensure that environmental 
     restoration of any property made excess to the needs of the 
     Department of Defense as a result of such closure or 
     realignment be carried out as soon as possible with funds 
     available for such purpose.
       (c) Management and Disposal of Property.--(1) The 
     Administrator of General Services shall delegate to the 
     Secretary of Defense, with respect to excess and surplus real 
     property, facilities, and personal property located at a 
     military installation closed or realigned under this 
     subtitle--
       (A) the authority of the Administrator to utilize excess 
     property under subchapter II of chapter 5 of title 40, United 
     States Code;
       (B) the authority of the Administrator to dispose of 
     surplus property under subchapter III of chapter 5 of title 
     40, United States Code;
       (C) the authority to dispose of surplus property for public 
     airports under sections 47151 through 47153 of title 49, 
     United States Code; and
       (D) the authority of the Administrator to determine the 
     availability of excess or surplus real property for wildlife 
     conservation purposes in accordance with the Act of May 19, 
     1948 (16 U.S.C. 667b et seq.).
       (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), 
     (5), and (6), the Secretary of Defense shall exercise the 
     authority delegated to the Secretary pursuant to paragraph 
     (1) in accordance with all regulations governing the 
     utilization of excess property and the disposal of surplus 
     property under subtitle I of title 40, United States Code.
       (B) The Secretary may, with the concurrence of the 
     Administrator of General Services--
       (i) prescribe general policies and methods for utilizing 
     excess property and disposing of surplus property pursuant to 
     the authority delegated under paragraph (1); and
       (ii) issue regulations relating to such policies and 
     methods, which shall supersede the regulations referred to in 
     subparagraph (A) with respect to that authority.
       (C) The Secretary of Defense may transfer real property or 
     facilities located at a military installation to be closed or 
     realigned under this subtitle, with or without reimbursement, 
     to a military department or other entity (including a 
     nonappropriated fund instrumentality) within the Department 
     of Defense or the Coast Guard.
       (D) Before any action may be taken with respect to the 
     disposal of any surplus real property or facility located at 
     any military installation to be closed or realigned under 
     this subtitle, the Secretary of Defense shall consult with 
     the Governor of the State and the heads of the local 
     governments concerned for the purpose of considering any plan 
     for the use of such property by the local community 
     concerned.
       (E) If a military installation to be closed, realigned, or 
     placed in an inactive status under this subtitle includes a 
     road used for public access through, into, or around the 
     installation, the Secretary of Defense shall consult with the 
     Governor of the State and the heads of the local governments 
     concerned for the purpose of considering the

[[Page S4508]]

     continued availability of the road for public use after the 
     installation is closed, realigned, or placed in an inactive 
     status.
       (3)(A) Not later than 180 days after the date of approval 
     of the closure or realignment of a military installation 
     under this subtitle, the Secretary, in consultation with the 
     redevelopment authority with respect to the installation, 
     shall--
       (i) inventory the personal property located at the 
     installation; and
       (ii) identify the items (or categories of items) of such 
     personal property that the Secretary determines to be related 
     to real property and anticipates will support the 
     implementation of the redevelopment plan with respect to the 
     installation.
       (B) If no redevelopment authority referred to in 
     subparagraph (A) exists with respect to an installation, the 
     Secretary shall consult with--
       (i) the local government in whose jurisdiction the 
     installation is wholly located; or
       (ii) a local government agency or State government agency 
     designated for the purpose of such consultation by the chief 
     executive officer of the State in which the installation is 
     located.
       (C)(i) Except as provided in subparagraphs (E) and (F), the 
     Secretary may not carry out any of the activities specified 
     in clause (ii) with respect to an installation referred to in 
     that clause until the earlier of--
       (I) one week after the date on which the redevelopment plan 
     for the installation is submitted to the Secretary;
       (II) the date on which the redevelopment authority notifies 
     the Secretary that it will not submit such a plan;
       (III) two years after the date of approval of the closure 
     or realignment of the installation; or
       (IV) 90 days before the date of the closure or realignment 
     of the installation.
       (ii) The activities specified in this clause are activities 
     relating to the closure or realignment of an installation to 
     be closed or realigned under this subtitle as follows:
       (I) The transfer from the installation of items of personal 
     property at the installation identified in accordance with 
     subparagraph (A).
       (II) The reduction in maintenance and repair of facilities 
     or equipment located at the installation below the minimum 
     levels required to support the use of such facilities or 
     equipment for nonmilitary purposes.
       (D) Except as provided in paragraph (4), the Secretary may 
     not transfer items of personal property located at an 
     installation to be closed or realigned under this subtitle to 
     another installation, or dispose of such items, if such items 
     are identified in the redevelopment plan for the installation 
     as items essential to the reuse or redevelopment of the 
     installation. In connection with the development of the 
     redevelopment plan for the installation, the Secretary shall 
     consult with the entity responsible for developing the 
     redevelopment plan to identify the items of personal property 
     located at the installation, if any, that the entity desires 
     to be retained at the installation for reuse or redevelopment 
     of the installation.
       (E) This paragraph shall not apply to any personal property 
     located at an installation to be closed or realigned under 
     this subtitle if the property--
       (i) is required for the operation of a unit, function, 
     component, weapon, or weapons system at another installation;
       (ii) is uniquely military in character, and is likely to 
     have no civilian use (other than use for its material content 
     or as a source of commonly used components);
       (iii) is not required for the reutilization or 
     redevelopment of the installation (as jointly determined by 
     the Secretary and the redevelopment authority);
       (iv) is stored at the installation for purposes of 
     distribution (including spare parts or stock items); or
       (v)(I) meets known requirements of an authorized program of 
     another Federal agency for which expenditures for similar 
     property would be necessary; and
       (II) is the subject of a written request by the head of the 
     agency.
       (F) Notwithstanding subparagraphs (C)(i) and (D), the 
     Secretary may carry out any activity referred to in 
     subparagraph (C)(ii) or (D) if the Secretary determines that 
     the carrying out of such activity is in the national security 
     interest of the United States.
       (4)(A) The Secretary may transfer real property and 
     personal property located at a military installation to be 
     closed or realigned under this subtitle to the redevelopment 
     authority with respect to the installation for purposes of 
     job generation on the installation.
       (B) The transfer of property located at a military 
     installation under subparagraph (A) may be for consideration 
     at or below the estimated fair market value or without 
     consideration. The determination of such consideration may 
     account for the economic conditions of the local affected 
     community and the estimated costs to redevelop the property. 
     The Secretary may accept, as consideration, a share of the 
     revenues that the redevelopment authority receives from 
     third-party buyers or lessees from sales and long-term leases 
     of the conveyed property, a portion of the profits obtained 
     over time from the development of the conveyed property, 
     consideration in kind (including goods and services), real 
     property and improvements, or such other consideration as the 
     Secretary considers appropriate. The transfer of property 
     located at a military installation under subparagraph (A) may 
     be made for consideration below the estimated fair market 
     value or without consideration only if the redevelopment 
     authority with respect to the installation--
       (i) agrees that the proceeds from any sale or lease of the 
     property (or any portion thereof) received by the 
     redevelopment authority during at least the first seven years 
     after the date of the initial transfer of property under 
     subparagraph (A) shall be used to support the economic 
     redevelopment of, or related to, the installation; and
       (ii) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the date of the property disposal record of decision or 
     finding of no significant impact under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (C) For purposes of subparagraph (B)(i), the use of 
     proceeds from a sale or lease described in such subparagraph 
     to pay for, or offset the costs of, public investment on or 
     related to the installation for any of the following purposes 
     shall be considered a use to support the economic 
     redevelopment of, or related to, the installation:
       (i) Road construction.
       (ii) Transportation management facilities.
       (iii) Storm and sanitary sewer construction.
       (iv) Police and fire protection facilities and other public 
     facilities.
       (v) Utility construction.
       (vi) Building rehabilitation.
       (vii) Historic property preservation.
       (viii) Pollution prevention equipment or facilities.
       (ix) Demolition.
       (x) Disposal of hazardous materials generated by 
     demolition.
       (xi) Landscaping, grading, and other site or public 
     improvements.
       (xii) Planning for or the marketing of the development and 
     reuse of the installation.
       (xiii) Adaptation for and mitigation of natural disasters.
       (D) The Secretary may recoup from a redevelopment authority 
     such portion of the proceeds from a sale or lease described 
     in subparagraph (B) as the Secretary determines appropriate 
     if the redevelopment authority does not use the proceeds to 
     support economic redevelopment of, or related to, the 
     installation for the period specified in subparagraph (B).
       (E)(i) The Secretary may transfer real property at an 
     installation approved for closure or realignment under this 
     subtitle (including property at an installation approved for 
     realignment which will be retained by the Department of 
     Defense or another Federal agency after realignment) to the 
     redevelopment authority for the installation if the 
     redevelopment authority agrees to lease, directly upon 
     transfer, one or more portions of the property transferred 
     under this subparagraph to the Secretary or to the head of 
     another Federal agency. Subparagraph (B) shall apply to a 
     transfer under this subparagraph.
       (ii) A lease under clause (i) shall be for a term not to 
     exceed 50 years, but may provide for options for renewal or 
     extension of the term by the agency concerned.
       (iii) A lease under clause (i) may not require rental 
     payments by the United States.
       (iv) A lease under clause (i) shall include a provision 
     specifying that if the agency concerned ceases requiring the 
     use of the leased property before the expiration of the term 
     of the lease, the remainder of the lease term may be 
     satisfied by the same or another Federal agency using the 
     property for a use similar to the use under the lease. 
     Exercise of the authority provided by this clause shall be 
     made in consultation with the redevelopment authority 
     concerned.
       (v) Notwithstanding clause (iii), if a lease under clause 
     (i) involves a substantial portion of the installation, the 
     agency concerned may obtain facility services for the leased 
     property and common area maintenance from the redevelopment 
     authority or the redevelopment authority's assignee as a 
     provision of the lease. The facility services and common area 
     maintenance shall be provided at a rate no higher than the 
     rate charged to non-Federal tenants of the transferred 
     property. Facility services and common area maintenance 
     covered by the lease shall not include--
       (I) municipal services that a State or local government is 
     required by law to provide to all landowners in its 
     jurisdiction without direct charge; or
       (II) firefighting or security-guard functions.
       (F) The transfer of personal property under subparagraph 
     (A) shall not be subject to the provisions of subchapters II 
     and III of chapter 5 of title 40, United States Code, if the 
     Secretary determines that the transfer of such property is 
     necessary for the effective implementation of a redevelopment 
     plan with respect to the installation at which such property 
     is located.
       (G) The provisions of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)) shall apply to any transfer of real 
     property under this paragraph.
       (H) The Secretary may require any additional terms and 
     conditions in connection with a transfer under this paragraph 
     as the Secretary considers appropriate to protect the 
     interests of the United States.
       (5)(A) Except as provided in subparagraphs (B) and (C), the 
     Secretary shall take such actions as the Secretary determines 
     necessary to ensure that final determinations under paragraph 
     (1) regarding whether another Federal agency has identified a 
     use for any

[[Page S4509]]

     portion of a military installation to be closed or realigned 
     under this subtitle, or will accept transfer of any portion 
     of such installation, are made not later than 180 days after 
     the date of approval of closure or realignment of that 
     installation.
       (B) The Secretary may, in consultation with the 
     redevelopment authority with respect to an installation, 
     postpone making the final determinations referred to in 
     subparagraph (A) with respect to the installation for such 
     period as the Secretary determines appropriate if the 
     Secretary determines that such postponement is in the best 
     interests of the communities affected by the closure or 
     realignment of the installation.
       (C)(i) Before acquiring non-Federal real property as the 
     location for a new or replacement Federal facility of any 
     type, the head of the Federal agency acquiring the property 
     shall consult with the Secretary regarding the feasibility 
     and cost advantages of using Federal property or facilities 
     at a military installation closed or realigned or to be 
     closed or realigned under this subtitle as the location for 
     the new or replacement facility. In considering the 
     availability and suitability of a specific military 
     installation, the Secretary and the head of the Federal 
     agency involved shall obtain the concurrence of the 
     redevelopment authority with respect to the installation and 
     comply with the redevelopment plan for the installation.
       (ii) Not later than 30 days after acquiring non-Federal 
     real property as the location for a new or replacement 
     Federal facility, the head of the Federal agency acquiring 
     the property shall submit to Congress a report containing the 
     results of the consultation under clause (i) and the reasons 
     why military installations referred to in such clause that 
     are located within the area to be served by the new or 
     replacement Federal facility or within a 200-mile radius of 
     the new or replacement facility, whichever area is greater, 
     were considered to be unsuitable or unavailable for the site 
     of the new or replacement facility.
       (6)(A) The disposal of buildings and property located at 
     installations approved for closure or realignment under this 
     subtitle shall be carried out in accordance with this 
     paragraph.
       (B)(i) Not later than the date on which the Secretary of 
     Defense completes the final determinations referred to in 
     paragraph (5) relating to the use or transferability of any 
     portion of an installation covered by this paragraph, the 
     Secretary shall--
       (I) identify the buildings and property at the installation 
     for which the Department of Defense has a use, for which 
     another Federal agency has identified a use, or of which 
     another Federal agency will accept a transfer;
       (II) take such actions as are necessary to identify any 
     building or property at the installation not identified under 
     subclause (I) that is excess property or surplus property;
       (III) submit to the Secretary of Housing and Urban 
     Development and to the redevelopment authority for the 
     installation (or the chief executive officer of the State in 
     which the installation is located if there is no 
     redevelopment authority for the installation at the 
     completion of such final determinations) information on any 
     building or property that is identified under subclause (II); 
     and
       (IV) publish in the Federal Register and in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation information on the buildings and property 
     identified under subclause (II).
       (ii) Upon the recognition of a redevelopment authority for 
     an installation covered by this paragraph, the Secretary of 
     Defense shall publish in the Federal Register and in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation information on the redevelopment 
     authority.
       (C)(i) State and local governments, representatives of the 
     homeless, and other interested parties located in the 
     communities in the vicinity of an installation covered by 
     this paragraph shall submit to the redevelopment authority 
     for the installation a notice of the interest, if any, of 
     such governments, representatives, and parties in the 
     buildings or property, or any portion thereof, at the 
     installation that are identified under subparagraph 
     (B)(i)(II). A notice of interest under this clause shall 
     describe the need of the government, representative, or party 
     concerned for the buildings or property covered by the 
     notice.
       (ii) The redevelopment authority for an installation shall 
     assist the governments, representatives, and parties referred 
     to in clause (i) in evaluating buildings and property at the 
     installation for purposes of this subparagraph.
       (iii) In providing assistance under clause (ii), a 
     redevelopment authority shall--
       (I) consult with representatives of the homeless in the 
     communities in the vicinity of the installation concerned; 
     and
       (II) undertake outreach efforts to provide information on 
     the buildings and property to representatives of the 
     homeless, and to other persons or entities interested in 
     assisting the homeless, in such communities.
       (iv) It is the sense of Congress that redevelopment 
     authorities should begin to conduct outreach efforts under 
     clause (iii)(II) with respect to an installation as soon as 
     practicable after the date of approval of closure or 
     realignment of the installation.
       (D)(i) State and local governments, representatives of the 
     homeless, and other interested parties shall submit a notice 
     of interest to a redevelopment authority under subparagraph 
     (C) not later than the date specified for such notice by the 
     redevelopment authority.
       (ii) The date specified under clause (i) shall be--
       (I) in the case of an installation for which a 
     redevelopment authority has been recognized as of the date of 
     the completion of the determinations referred to in paragraph 
     (5), not earlier than 90 days and not later than 180 days 
     after the date of publication of such determination in a 
     newspaper of general circulation in the communities in the 
     vicinity of the installation under subparagraph (B)(i)(IV); 
     and
       (II) in the case of an installation for which a 
     redevelopment authority is not recognized as of such date, 
     not earlier than 90 days and not later than 180 days after 
     the date of the recognition of a redevelopment authority for 
     the installation.
       (iii) Upon specifying a date for an installation under this 
     subparagraph, the redevelopment authority for the 
     installation shall--
       (I) publish the date specified in a newspaper of general 
     circulation in the communities in the vicinity of the 
     installation concerned; and
       (II) notify the Secretary of Defense of the date.
       (E)(i) In submitting to a redevelopment authority under 
     subparagraph (C) a notice of interest in the use of buildings 
     or property at an installation to assist the homeless, a 
     representative of the homeless shall submit the following:
       (I) A description of the homeless assistance program that 
     the representative proposes to carry out at the installation.
       (II) An assessment of the need for the program.
       (III) A description of the extent to which the program is 
     or will be coordinated with other homeless assistance 
     programs in the communities in the vicinity of the 
     installation.
       (IV) A list of the buildings and property to be used for 
     the program at the installation and a justification for why 
     such buildings and property are necessary to carry out the 
     program.
       (V) A description of the financial plan, the organization, 
     and the organizational capacity of the representative to 
     carry out the program.
       (VI) An assessment of the time required in order to 
     commence carrying out the program.
       (ii) A redevelopment authority may not release to the 
     public any information submitted to the redevelopment 
     authority under clause (i)(V) without the consent of the 
     representative of the homeless concerned unless such release 
     is authorized under Federal law and under the law of the 
     State and communities in which the installation concerned is 
     located.
       (iii) If a redevelopment authority does not receive a 
     notice of interest in accordance with clause (i), the 
     requirements set forth in subparagraph (H) are not 
     applicable.
       (F)(i) The redevelopment authority for each installation 
     covered by this paragraph shall prepare a redevelopment plan 
     for the installation. The redevelopment authority shall, in 
     preparing the plan, consider the interests in the use to 
     assist the homeless of the buildings and property at the 
     installation that are expressed in the notices submitted to 
     the redevelopment authority under subparagraph (C).
       (ii)(I) In connection with a redevelopment plan for an 
     installation, a redevelopment authority and representatives 
     of the homeless shall prepare legally binding agreements that 
     provide for the use to assist the homeless of buildings and 
     property, resources, and assistance on or off the 
     installation. The implementation of such agreements shall be 
     contingent upon the decision regarding the disposal of the 
     buildings and property covered by the agreements by the 
     Secretary of Defense under subparagraph (K) or (L).
       (II) Agreements under this clause shall provide for the 
     reversion to the redevelopment authority concerned, or to 
     such other entity or entities as the agreements shall 
     provide, of buildings and property that are made available 
     under this paragraph for use to assist the homeless in the 
     event that such buildings and property cease being used for 
     that purpose.
       (iii) A redevelopment authority shall provide opportunity 
     for public comment on a redevelopment plan before submission 
     of the plan to the Secretary of Defense and the Secretary of 
     Housing and Urban Development under subparagraph (G).
       (iv) A redevelopment authority shall complete preparation 
     of a redevelopment plan for an installation and submit the 
     plan under subparagraph (G) not later than 270 days after the 
     date specified by the redevelopment authority for the 
     installation under subparagraph (D).
       (G)(i) Upon completion of a redevelopment plan under 
     subparagraph (F), a redevelopment authority shall submit an 
     application containing the plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall include in an 
     application under clause (i) the following:
       (I) A copy of the redevelopment plan, including a summary 
     of any public comments on the plan received by the 
     redevelopment authority under subparagraph (F)(iii).
       (II) A copy of each notice of interest of use of buildings 
     and property to assist the homeless that was submitted to the 
     redevelopment authority under subparagraph (C), together with 
     a description of the manner, if any, in which the plan 
     addresses the interest

[[Page S4510]]

     expressed in each such notice and, if the plan does not 
     address such an interest, an explanation why the plan does 
     not address the interest.
       (III) A summary of the outreach undertaken by the 
     redevelopment authority under subparagraph (C)(iii)(II) in 
     preparing the plan.
       (IV) A statement identifying the representatives of the 
     homeless and the homeless assistance planning boards, if any, 
     with which the redevelopment authority consulted in preparing 
     the plan, and the results of such consultations.
       (V) An assessment of the manner in which the redevelopment 
     plan balances the expressed needs of the homeless and the 
     need of the communities in the vicinity of the installation 
     for economic redevelopment and other development.
       (VI) Copies of the agreements that the redevelopment 
     authority proposes to enter into under subparagraph (F)(ii).
       (H)(i) Except as provided in subparagraph (E)(iii), not 
     later than 60 days after receiving a redevelopment plan under 
     subparagraph (G), the Secretary of Housing and Urban 
     Development shall complete a review of the plan. The purpose 
     of the review is to determine whether the plan, with respect 
     to the expressed interest and requests of representatives of 
     the homeless--
       (I) takes into consideration the size and nature of the 
     homeless population in the communities in the vicinity of the 
     installation, the availability of existing services in such 
     communities to meet the needs of the homeless in such 
     communities, and the suitability of the buildings and 
     property covered by the plan for the use and needs of the 
     homeless in such communities;
       (II) takes into consideration any economic impact of the 
     homeless assistance under the plan on the communities in the 
     vicinity of the installation;
       (III) balances in an appropriate manner the needs of the 
     communities in the vicinity of the installation for economic 
     redevelopment and other development with the needs of the 
     homeless in such communities;
       (IV) was developed in consultation with representatives of 
     the homeless and the homeless assistance planning boards, if 
     any, in the communities in the vicinity of the installation; 
     and
       (V) specifies the manner in which buildings and property, 
     resources, and assistance on or off the installation will be 
     made available for homeless assistance purposes.
       (ii) It is the sense of Congress that the Secretary of 
     Housing and Urban Development shall, in completing the review 
     of a plan under this subparagraph, take into consideration 
     and be receptive to the predominant views on the plan of the 
     communities in the vicinity of the installation covered by 
     the plan.
       (iii) The Secretary of Housing and Urban Development may 
     engage in negotiations and consultations with a redevelopment 
     authority before or during the course of a review under 
     clause (i) with a view toward resolving any preliminary 
     determination of the Secretary that a redevelopment plan does 
     not meet a requirement set forth in that clause. The 
     redevelopment authority may modify the redevelopment plan as 
     a result of such negotiations and consultations.
       (iv)(I) Upon completion of a review of a redevelopment plan 
     under clause (i), the Secretary of Housing and Urban 
     Development shall notify the Secretary of Defense and the 
     redevelopment authority concerned of the determination of the 
     Secretary of Housing and Urban Development under that clause.
       (II) If the Secretary of Defense and the redevelopment 
     authority concerned do not receive the notice required by 
     subclause (I) with respect to a military installation within 
     the period required by clause (i), the Secretary of Defense 
     shall dispose of the buildings and property at the 
     installation.
       (v) If the Secretary of Housing and Urban Development 
     determines as a result of a review under clause (iv) that a 
     redevelopment plan does not meet the requirements set forth 
     in clause (i), a notice under clause (iv) shall include--
       (I) an explanation of that determination; and
       (II) a statement of the actions that the redevelopment 
     authority must undertake in order to address that 
     determination.
       (I)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     of a determination that a redevelopment plan does not meet a 
     requirement set forth in subparagraph (H)(i), a redevelopment 
     authority shall have the opportunity to--
       (I) revise the plan in order to address the determination; 
     and
       (II) submit the revised plan to the Secretary of Defense 
     and the Secretary of Housing and Urban Development.
       (ii) A redevelopment authority shall submit a revised plan 
     under this subparagraph to such Secretaries, if at all, not 
     later than 90 days after the date on which the redevelopment 
     authority receives the notice referred to in clause (i).
       (J)(i) Not later than 30 days after receiving a revised 
     redevelopment plan under subparagraph (I), the Secretary of 
     Housing and Urban Development shall review the revised plan 
     and determine if the plan meets the requirements set forth in 
     subparagraph (H)(i).
       (ii)(I) The Secretary of Housing and Urban Development 
     shall notify the Secretary of Defense and the redevelopment 
     authority concerned of the determination of the Secretary of 
     Housing and Urban Development under this subparagraph.
       (II) If the Secretary of Defense and the redevelopment 
     authority concerned do not receive the notice required by 
     subclause (I) with respect to a military installation within 
     the period required by clause (i), the Secretary of Defense 
     shall dispose of the buildings and property at the 
     installation.
       (K)(i) Upon receipt of a notice under subparagraph (H)(iv) 
     or (J)(ii) of the determination of the Secretary of Housing 
     and Urban Development that a redevelopment plan for an 
     installation meets the requirements set forth in subparagraph 
     (H)(i), the Secretary of Defense shall dispose of the 
     buildings and property at the installation.
       (ii) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     for the installation (including the aspects of the plan 
     providing for disposal to State or local governments, 
     representatives of the homeless, and other interested 
     parties) as part of the proposed Federal action for the 
     installation.
       (iii) The Secretary of Defense shall dispose of buildings 
     and property under clause (i) in accordance with the record 
     of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give substantial deference to the redevelopment plan 
     concerned.
       (iv) The disposal under clause (i) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (v) In the case of a request for a conveyance under clause 
     (i) of buildings and property for public benefit under 
     section 550 of title 40, United States Code, or sections 
     47151 through 47153 of title 49, United States Code, the 
     sponsoring Federal agency shall use the eligibility criteria 
     set forth in such section or subchapter II of chapter 471 of 
     title 49, United States Code (as the case may be) to 
     determine the eligibility of the applicant and use proposed 
     in the request for the public benefit conveyance. The 
     determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (L)(i) If the Secretary of Housing and Urban Development 
     determines under subparagraph (J) that a revised 
     redevelopment plan for an installation does not meet the 
     requirements set forth in subparagraph (H)(i), or if no 
     revised plan is so submitted, that Secretary shall--
       (I) review the original redevelopment plan submitted to 
     that Secretary under subparagraph (G), including the notice 
     or notices of representatives of the homeless referred to in 
     clause (ii)(II) of that subparagraph;
       (II) consult with the representatives referred to in 
     subclause (I), if any, for purposes of evaluating the 
     continuing interest of such representatives in the use of 
     buildings or property at the installation to assist the 
     homeless;
       (III) request that each such representative submit to that 
     Secretary the items described in clause (ii); and
       (IV) based on the actions of that Secretary under 
     subclauses (I) and (II), and on any information obtained by 
     that Secretary as a result of such actions, indicate to the 
     Secretary of Defense the buildings and property at the 
     installation that meet the requirements set forth in 
     subparagraph (H)(i).
       (ii) The Secretary of Housing and Urban Development may 
     request under clause (i)(III) that a representative of the 
     homeless submit to that Secretary the following:
       (I) A description of the program of such representative to 
     assist the homeless.
       (II) A description of the manner in which the buildings and 
     property that the representative proposes to use for such 
     purpose will assist the homeless.
       (III) Such information as that Secretary requires in order 
     to determine the financial capacity of the representative to 
     carry out the program and to ensure that the program will be 
     carried out in compliance with Federal environmental law and 
     Federal law against discrimination.
       (IV) A certification that police services, fire protection 
     services, and water and sewer services available in the 
     communities in the vicinity of the installation concerned are 
     adequate for the program.
       (iii) Not later than 30 days after the date of the receipt 
     of a revised plan for an installation under subparagraph (J), 
     the Secretary of Housing and Urban Development shall--
       (I) notify the Secretary of Defense and the redevelopment 
     authority concerned of the buildings and property at an 
     installation under clause (i)(IV) that the Secretary of 
     Housing and Urban Development determines are suitable for use 
     to assist the homeless; and
       (II) notify the Secretary of Defense of the extent to which 
     the revised plan meets the criteria set forth in subparagraph 
     (H)(i).
       (iv)(I) Upon notice from the Secretary of Housing and Urban 
     Development with respect to an installation under clause 
     (iii), the Secretary of Defense shall dispose of buildings 
     and property at the installation in consultation with the 
     Secretary of Housing and Urban Development and the 
     redevelopment authority concerned.
       (II) For purposes of carrying out an environmental 
     assessment of the closure or realignment of an installation, 
     the Secretary of Defense shall treat the redevelopment plan 
     submitted by the redevelopment authority for the installation 
     (including the aspects of the plan providing for disposal to

[[Page S4511]]

     State or local governments, representatives of the homeless, 
     and other interested parties) as part of the proposed Federal 
     action for the installation. The Secretary of Defense shall 
     incorporate the notification of the Secretary of Housing and 
     Urban Development under clause (iii)(I) as part of the 
     proposed Federal action for the installation only to the 
     extent, if any, that the Secretary of Defense considers such 
     incorporation to be appropriate and consistent with the best 
     and highest use of the installation as a whole, taking into 
     consideration the redevelopment plan submitted by the 
     redevelopment authority.
       (III) The Secretary of Defense shall dispose of buildings 
     and property under subclause (I) in accordance with the 
     record of decision or other decision document prepared by the 
     Secretary in accordance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.). In preparing the 
     record of decision or other decision document, the Secretary 
     shall give deference to the redevelopment plan submitted by 
     the redevelopment authority for the installation.
       (IV) The disposal under subclause (I) of buildings and 
     property to assist the homeless shall be without 
     consideration.
       (V) In the case of a request for a conveyance under 
     subclause (I) of buildings and property for public benefit 
     under section 550 of title 40, United States Code, or 
     sections 47151 through 47153 of title 49, United States Code, 
     the sponsoring Federal agency shall use the eligibility 
     criteria set forth in such section or subchapter II of 
     chapter 471 of title 49, United States Code (as the case may 
     be) to determine the eligibility of the applicant and use 
     proposed in the request for the public benefit conveyance. 
     The determination of such eligibility should be made before 
     submission of the redevelopment plan concerned under 
     subparagraph (G).
       (VI) It is the sense of Congress that the Secretary of 
     Defense and the redevelopment authority should work with 
     State and local agencies to the maximum extent practicable to 
     collaborate on environmental assessments to reduce redundancy 
     of effort and to accelerate redevelopment actions.
       (M)(i) In the event of the disposal of buildings and 
     property of an installation pursuant to subparagraph (K) or 
     (L), the redevelopment authority for the installation shall 
     be responsible for the implementation of and compliance with 
     agreements under the redevelopment plan described in that 
     subparagraph for the installation.
       (ii) If a building or property reverts to a redevelopment 
     authority under such an agreement, the redevelopment 
     authority shall take appropriate actions to secure, to the 
     maximum extent practicable, the utilization of the building 
     or property by other homeless representatives to assist the 
     homeless. A redevelopment authority may not be required to 
     utilize the building or property to assist the homeless.
       (N) The Secretary of Defense may postpone or extend any 
     deadline provided for under this paragraph in the case of an 
     installation covered by this paragraph for such period as the 
     Secretary considers appropriate if the Secretary determines 
     that such postponement is in the interests of the communities 
     affected by the closure or realignment of the installation. 
     The Secretary shall make such determinations in consultation 
     with the redevelopment authority concerned and, in the case 
     of deadlines provided for under this paragraph with respect 
     to the Secretary of Housing and Urban Development, in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (O) For purposes of this paragraph, the term ``communities 
     in the vicinity of the installation'', in the case of an 
     installation, means the communities that constitute the 
     political jurisdictions (other than the State in which the 
     installation is located) that comprise the redevelopment 
     authority for the installation.
       (P) For purposes of this paragraph, the term ``other 
     interested parties'', in the case of an installation, 
     includes any parties eligible for the conveyance of property 
     of the installation under section 550 of title 40, United 
     States Code, or sections 47151 through 47153 of title 49, 
     United States Code, whether or not the parties assist the 
     homeless.
       (7)(A) Subject to subparagraph (C), the Secretary may enter 
     into agreements (including contracts, cooperative agreements, 
     or other arrangements for reimbursement) with local 
     governments for the provision of police or security services, 
     fire protection services, airfield operation services, or 
     other community services by such governments at military 
     installations to be closed under this subtitle, or at 
     facilities not yet transferred or otherwise disposed of in 
     the case of installations closed under this subtitle, if the 
     Secretary determines that the provision of such services 
     under such agreements is in the best interests of the 
     Department of Defense.
       (B) The Secretary may exercise the authority provided under 
     this paragraph without regard to the provisions of chapter 
     146 of title 10, United States Code.
       (C) The Secretary may not exercise the authority under 
     subparagraph (A) with respect to an installation earlier than 
     180 days before the date on which the installation is to be 
     closed.
       (D) The Secretary shall include in a contract for services 
     entered into with a local government under this paragraph a 
     clause that requires the use of professionals to furnish the 
     services to the extent that professionals are available in 
     the area under the jurisdiction of such government.
       (d) Applicability of National Environmental Policy Act of 
     1969.--(1) The provisions of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply 
     to the actions of the President and, except as provided in 
     paragraph (2), the Department of Defense in carrying out this 
     subtitle.
       (2)(A) The provisions of the National Environmental Policy 
     Act of 1969 shall apply to actions of the Department of 
     Defense under this subtitle--
       (i) during the process of property disposal; and
       (ii) during the process of relocating functions from a 
     military installation being closed or realigned to another 
     military installation after the receiving installation has 
     been selected but before the functions are relocated.
       (B) In applying the provisions of the National 
     Environmental Policy Act of 1969 to the processes referred to 
     in subparagraph (A), the Secretary of Defense and the 
     Secretary of the military departments concerned shall not 
     have to consider--
       (i) the need for closing or realigning the military 
     installation that has been recommended for closure or 
     realignment;
       (ii) the need for transferring functions to any military 
     installation that has been selected as the receiving 
     installation; or
       (iii) military installations alternative to those 
     recommended or selected.
       (3) A civil action for judicial review, with respect to any 
     requirement of the National Environmental Policy Act of 1969 
     to the extent such Act is applicable under paragraph (2), of 
     any act or failure to act by the Department of Defense during 
     the closing, realigning, or relocating of functions referred 
     to in clauses (i) and (ii) of paragraph (2)(A), may not be 
     brought more than 60 days after the date of such act or 
     failure to act.
       (e) Waiver.--The Secretary of Defense may close or realign 
     military installations under this subtitle without regard 
     to--
       (1) any provision of law restricting the use of funds for 
     closing or realigning military installations included in any 
     appropriations or authorization Act; and
       (2) sections 2662 and 2687 of title 10, United States Code.
       (f) Transfer Authority in Connection With Payment of 
     Environmental Remediation Costs.--(1)(A) Subject to paragraph 
     (2) of this subsection and section 120(h) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)), the Secretary may 
     enter into an agreement to transfer by deed real property or 
     facilities referred to in subparagraph (B) with any person 
     who agrees to perform all environmental restoration, waste 
     management, and environmental compliance activities that are 
     required for the property or facilities under Federal and 
     State laws, administrative decisions, agreements (including 
     schedules and milestones), and concurrences.
       (B) The real property and facilities referred to in 
     subparagraph (A) are the real property and facilities located 
     at an installation closed or to be closed, or realigned or to 
     be realigned, under this subtitle that are available 
     exclusively for the use, or expression of an interest in a 
     use, of a redevelopment authority under subsection (c)(6)(F) 
     during the period provided for that use, or expression of 
     interest in use, under that subsection. The real property and 
     facilities referred to in subparagraph (A) are also the real 
     property and facilities located at an installation approved 
     for closure or realignment under this subtitle that are 
     available for purposes other than to assist the homeless.
       (C) The Secretary may require any additional terms and 
     conditions in connection with an agreement authorized by 
     subparagraph (A) as the Secretary considers appropriate to 
     protect the interests of the United States.
       (2) A transfer of real property or facilities may be made 
     under paragraph (1) only if the Secretary certifies to 
     Congress that--
       (A) the costs of all environmental restoration, waste 
     management, and environmental compliance activities otherwise 
     to be paid by the Secretary with respect to the property or 
     facilities are equal to or greater than the fair market value 
     of the property or facilities to be transferred, as 
     determined by the Secretary; or
       (B) if such costs are lower than the fair market value of 
     the property or facilities, the recipient of the property or 
     facilities agrees to pay the difference between the fair 
     market value and such costs.
       (3) In the case of property or facilities covered by a 
     certification under paragraph (2)(A), the Secretary may pay 
     the recipient of such property or facilities an amount equal 
     to the lesser of--
       (A) the amount by which the costs incurred by the recipient 
     of such property or facilities for all environmental 
     restoration, waste, management, and environmental compliance 
     activities with respect to such property or facilities exceed 
     the fair market value of such property or facilities as 
     specified in such certification; or
       (B) the amount by which the costs (as determined by the 
     Secretary) that would otherwise have been incurred by the 
     Secretary for such restoration, management, and activities 
     with respect to such property or facilities exceed the fair 
     market value of such property or facilities as so specified.
       (4) As part of an agreement under paragraph (1), the 
     Secretary shall disclose to the person to whom the property 
     or facilities

[[Page S4512]]

     will be transferred any information of the Secretary 
     regarding the environmental restoration, waste management, 
     and environmental compliance activities described in 
     paragraph (1) that relate to the property or facilities. The 
     Secretary shall provide such information before entering into 
     the agreement.
       (5) Nothing in this subsection shall be construed to 
     modify, alter, or amend the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.).
       (6) Section 330 of the National Defense Authorization Act 
     for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 
     note) shall not apply to any transfer under this subsection 
     to persons or entities described in subsection (a)(2) of such 
     section 330, except in the case of releases or threatened 
     releases not disclosed pursuant to paragraph (4) of this 
     subsection.

     SEC. 2715. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2017.

       (a) In General.--(1) If a joint resolution is enacted under 
     section 2713(b), there shall be established on the books of 
     the Treasury an account to be known as the ``Department of 
     Defense Base Closure Account 2017'' (in this section referred 
     to as the ``Account''). The Account shall be administered by 
     the Secretary as a single account.
       (2) There shall be deposited into the Account--
       (A) funds authorized for and appropriated to the Account;
       (B) any funds that the Secretary may, subject to approval 
     in an appropriation Act, transfer to the Account from funds 
     appropriated to the Department of Defense for any purpose, 
     except that such funds may be transferred only after the date 
     on which the Secretary transmits written notice of, and 
     justification for, such transfer to the congressional defense 
     committees; and
       (C) except as provided in subsection (d), proceeds received 
     from the lease, transfer, or disposal of any property at a 
     military installation that is closed or realigned under this 
     subtitle.
       (3) The Account shall be closed at the time and in the 
     manner provided for appropriation accounts under section 1555 
     of title 31, United States Code. Unobligated funds that 
     remain in the Account upon closure shall be held by the 
     Secretary of the Treasury until transferred by law after the 
     congressional defense committees receive the report 
     transmitted under subsection (c)(2).
       (b) Use of Funds.--(1) The Secretary may use the funds in 
     the Account only for the purposes described in section 2714 
     with respect to military installations approved for closure 
     or realignment under this subtitle.
       (2) When a decision is made to use funds in the Account to 
     carry out a construction project under section 2714(a) at a 
     military installation in support of a master plan for the 
     military installation as required under section 
     2712(h)(2)(D)(ii), such construction project shall be 
     conducted in accordance with the sections of chapter 169 of 
     title 10, United States Code, applicable to such construction 
     project.
       (3)(A) In the case of construction projects carried out 
     using funds in the Account that exceed the applicable minor 
     construction threshold under section 2805 of title 10, United 
     States Code, the Secretary may carry out such a project that 
     has not been authorized by law if the Secretary determines 
     that--
       (i) the project is necessary for the Department to execute 
     a closure or realignment action under this subtitle; and
       (ii) the requirement for the project is so urgent that 
     deferral of the project for authorization by law would pose a 
     significant delay in proceeding with a realignment or closure 
     action under this subtitle or is inconsistent with national 
     security or the protection of health, safety, or 
     environmental quality.
       (B)(i) When a decision is made to carry out a construction 
     project under subparagraph (A), the Secretary shall submit to 
     the congressional defense committees in writing a report on 
     that decision. Each such report shall include--
       (I) a justification for the project and a current estimate 
     of the cost of the project; and
       (II) a justification for carrying out the project under 
     this subtitle.
       (ii) The Secretary may carry out a construction project 
     under subparagraph (A) only after the end of the seven-day 
     period beginning on the earlier of--
       (I) the date on which the report under clause (i) relating 
     to such project is received by the congressional defense 
     committees; or
       (II) the date on which a copy of such report is provided to 
     such committees in an electronic medium pursuant to section 
     480 of title 10, United States Code.
       (4) The maximum amount that the Secretary may obligate in 
     any fiscal year under this section is $100,000,000.
       (5) A project carried out using funds under this section 
     shall be carried out within the total amount of funds 
     appropriated for the Account that have not been obligated.
       (c) Reports.--(1)(A) Not later than 60 days after the end 
     of each fiscal year in which the Secretary carries out 
     activities under this subtitle using funds in the Account, 
     the Secretary shall transmit a report to the congressional 
     defense committees of--
       (i) the amount and nature of the deposits into, and the 
     expenditures from, the Account during such fiscal year;
       (ii) the amount and nature of other expenditures made 
     pursuant to section 2714(a) during such fiscal year;
       (iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       (iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2714(a) during the first fiscal 
     year commencing after the submission of the report.
       (B) The report for a fiscal year shall include the 
     following:
       (i) The obligations and expenditures from the Account 
     during the fiscal year, identified by subaccount and 
     installation, for each military department and Defense 
     Agency.
       (ii) The fiscal year in which appropriations for such 
     expenditures were made and the fiscal year in which funds 
     were obligated for such expenditures.
       (iii) Each military construction project for which such 
     obligations and expenditures were made, identified by 
     installation and project title.
       (iv) A description and explanation of the extent, if any, 
     to which expenditures for military construction projects for 
     the fiscal year differed from any proposals for projects and 
     funding levels for the Account for such fiscal year, 
     including an explanation of--
       (I) any failure to carry out military construction projects 
     that were so proposed; and
       (II) any expenditures for military construction projects 
     that were not so proposed.
       (v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations approved for closure or realignment 
     under this subtitle.
       (2) Not later than 60 days after the closure of the Account 
     under subsection (a)(3), the Secretary shall transmit to the 
     congressional defense committees a report containing an 
     accounting of--
       (A) all of the funds deposited into and expended from the 
     Account or otherwise expended under this subtitle with 
     respect to such installations; and
       (B) any amount remaining in the Account.
       (d) Disposal or Transfer of Commissary Stores and Property 
     Purchased With Nonappropriated Funds.--(1) If any real 
     property or facility acquired, constructed, or improved (in 
     whole or in part) with commissary store funds or 
     nonappropriated funds is transferred or disposed of in 
     connection with the closure or realignment of a military 
     installation under this subtitle, a portion of the proceeds 
     of the transfer or other disposal of property on that 
     installation shall be deposited in the reserve account 
     established under section 204(b)(7)(C) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (Public Law 100-526; 10 U.S.C. 2687 note).
       (2) The amount so deposited shall be equal to the 
     depreciated value of the investment made with such funds in 
     the acquisition, construction, or improvement of that 
     particular real property or facility. The depreciated value 
     of the investment shall be computed in accordance with 
     regulations prescribed by the Secretary.
       (3) The Secretary may use amounts in the reserve account, 
     without further appropriation, for the purpose of acquiring, 
     constructing, and improving--
       (A) commissary stores; and
       (B) real property and facilities for nonappropriated fund 
     instrumentalities.
       (4) In this subsection:
       (A) The term ``commissary store funds'' means funds 
     received from the adjustment of, or surcharge on, selling 
     prices at commissary stores fixed under section 2685 of title 
     10, United States Code.
       (B) The term ``nonappropriated funds'' means funds received 
     from a nonappropriated fund instrumentality.
       (C) The term ``nonappropriated fund instrumentality'' means 
     an instrumentality of the United States under the 
     jurisdiction of the Armed Forces (including the Army and Air 
     Force Exchange Service, the Navy Resale and Services Support 
     Office, and the Marine Corps exchanges) which is conducted 
     for the comfort, pleasure, contentment, or physical or mental 
     improvement of members of the Armed Forces.
       (e) Account Exclusive Source of Funds for Environmental 
     Restoration Projects.--Except for funds deposited into the 
     Account under subsection (a), funds appropriated to the 
     Department of Defense may not be used for purposes described 
     in section 2714(a)(1)(C). The prohibition in this subsection 
     shall expire upon the closure of the Account under subsection 
     (a)(3).
       (f) Authorized Cost and Scope of Work Variations.--(1) 
     Subject to paragraphs (2) and (3), the cost authorized for a 
     military construction project or military family housing 
     project to be carried out using funds in the Account may not 
     be increased or reduced by more than 20 percent or 
     $2,000,000, whichever is less, of the amount specified for 
     the project in the conference report to accompany the Act of 
     Congress authorizing the project. The scope of work for such 
     a project may not be reduced by more than 25 percent from the 
     scope specified in the most recent budget documents for the 
     projects listed in such conference report.
       (2) Paragraph (1) shall not apply to a military 
     construction project or military family housing project to be 
     carried out using funds in the Account with an estimated cost 
     of less than $5,000,000, unless the project has not

[[Page S4513]]

     been previously identified in any budget submission for the 
     Account and exceeds the applicable minor construction 
     threshold under section 2805 of title 10, United States Code.
       (3) The limitation on cost or scope variation specified in 
     paragraph (1) shall not apply if the Secretary of Defense 
     makes a determination that an increase or reduction in cost 
     or a reduction in the scope of work for a military 
     construction project or military family housing project to be 
     carried out using funds in the Account is required for the 
     sole purpose of meeting unusual variations in cost or scope. 
     If the Secretary makes such a determination, the Secretary 
     shall notify the congressional defense committees of the 
     variation in cost or scope not later than 21 days before the 
     date on which the variation is made in connection with the 
     project or, if the notification is provided in an electronic 
     medium pursuant to section 480 of title 10, United States 
     Code, not later than 14 days before the date on which the 
     variation is made. The Secretary shall include the reasons 
     for the variation in the notification.

     SEC. 2716. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY.

       (a) In General.--Except as provided in subsection (c), 
     during the period beginning on the date of the enactment of 
     this Act, and ending on April 15, 2020, this subtitle shall 
     be the exclusive authority for selecting for closure or 
     realignment, or for carrying out any closure or realignment 
     of, a military installation inside the United States.
       (b) Restriction.--Except as provided in subsection (c), 
     none of the funds available to the Department of Defense may 
     be used, other than under this subtitle, during the period 
     specified in subsection (a)--
       (1) to identify, through any transmittal to Congress or 
     through any other public announcement or notification, any 
     military installation inside the United States as an 
     installation to be closed or realigned or as an installation 
     under consideration for closure or realignment; or
       (2) to carry out any closure or realignment of a military 
     installation inside the United States.
       (c) Exception.--Nothing in this subtitle affects the 
     authority of the Secretary to carry out closures and 
     realignments to which section 2687 of title 10, United States 
     Code, is not applicable, including closures and realignments 
     carried out for reasons of national security or a military 
     emergency described in subsection (d) of such section.

     SEC. 2717. DEFINITIONS.

       In this subtitle:
       (1) The term ``Account'' means the Department of Defense 
     Base Closure Account established by section 2715(a)(1).
       (2) The term ``congressional defense committees'' means the 
     Committee on Armed Services and the Committee on 
     Appropriations of the Senate and the Committee on Armed 
     Services and the Committee on Appropriations of the House of 
     Representatives.
       (3) The term ``military installation'' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility. Such term does not 
     include any facility used primarily for civil works, rivers 
     and harbors projects, flood control, or other projects not 
     under the primary jurisdiction or control of the Department 
     of Defense.
       (4) The term ``realignment'' includes any action which both 
     reduces and relocates functions and civilian personnel 
     positions but does not include a reduction in force resulting 
     from workload adjustments, reduced personnel or funding 
     levels, or skill imbalances.
       (5) The term ``Secretary'' means the Secretary of Defense.
       (6) The term ``United States'' means the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     the Virgin Islands, American Samoa, and any other 
     commonwealth, territory, or possession of the United States.
       (7) The term ``date of approval'', with respect to a 
     closure or realignment of an installation, means the date on 
     which Congress approves under section 2713(b) a 
     recommendation of closure or realignment, as the case may be, 
     of such installation.
       (8) The term ``redevelopment authority'', in the case of an 
     installation to be closed or realigned under this subtitle, 
     means any entity (including an entity established by a State 
     or local government) recognized by the Secretary of Defense 
     as the entity responsible for developing the redevelopment 
     plan with respect to the installation or for directing the 
     implementation of such plan.
       (9) The term ``redevelopment plan'' in the case of an 
     installation to be closed or realigned under this subtitle, 
     means a plan that--
       (A) is agreed to by the local redevelopment authority with 
     respect to the installation; and
       (B) provides for the reuse or redevelopment of the real 
     property and personal property of the installation that is 
     available for such reuse and redevelopment as a result of the 
     closure or realignment of the installation.
       (10) The term ``representative of the homeless'' has the 
     meaning given such term in section 501(i)(4) of the Stewart 
     B. McKinney Homeless Assistance Act (42 U.S.C. 11411(i)(4)).

     SEC. 2718. TREATMENT AS A BASE CLOSURE LAW FOR PURPOSES OF 
                   OTHER PROVISIONS OF LAW.

       (a) Definition of ``Base Closure Law'' in Title 10.--
     Section 101(a)(17) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(D) The Defense Force and Infrastructure Review Act of 
     2017.''.
       (b) Definition of ``Base Closure Law'' in Other Laws.--
       (1) Section 131(b) of Public Law 107-249 (10 U.S.C. 221 
     note) is amended by striking ``means'' and all that follows 
     and inserting ``has the meaning given the term `base closure 
     law' in section 101(a)(17) of title 10, United States 
     Code.''.
       (2) Section 1334(k)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2701 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Force and Infrastructure Review Act of 
     2017.''.
       (3) Section 2918(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
     10 U.S.C. 2687 note) is amended by adding at the end the 
     following new subparagraph:
       ``(C) The Defense Force and Infrastructure Review Act of 
     2017.''.

     SEC. 2719. CONFORMING AMENDMENTS.

       (a) Deposit and Use of Lease Proceeds.--Section 2667(e) of 
     title 10, United States Code, is amended--
       (1) in paragraph (5), by striking ``on or after January 1, 
     2005,'' and inserting ``from January 1, 2005 through December 
     31, 2005,''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Money rentals received by the United States from a 
     lease under subsection (g) at a military installation 
     approved for closure or realignment under a base closure law 
     on or after January 1, 2006, shall be deposited into the 
     account established under section 2715 of the Defense Force 
     and Infrastructure Review Act of 2017.''.
       (b) Restored Leave.--Section 6304(d)(3)(A) of title 5, 
     United States Code, is amended by striking ``the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note)'' and inserting ``a 
     base closure law, as that term is defined in section 
     101(a)(17) of title 10,''.
                                 ______
                                 
  SA 499. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE BENEFITS PROTECTION.

       (a) Notification of Extent to Which Health Benefits Can Be 
     Modified or Terminated.--
       (1) Inclusion in summary plan description.--Section 102(b) 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1022) is amended by inserting ``; in the case of a 
     group health plan (as so defined), whether the provisions of 
     the plan permit the plan sponsor or any employer 
     participating in the plan to unilaterally modify or terminate 
     the benefits under the plan with respect to employees, 
     retired employees, and beneficiaries, and when and to what 
     extent benefits under the plan are fully vested with respect 
     to employees, retired employees, and beneficiaries'' after 
     ``the name and address of such issuer''.
       (2) Presumption that retired employee health benefits 
     cannot be modified or terminated.--Section 502 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1132) is amended by adding at the end the following new 
     subsection:
       ``(n) In the case of a suit brought under this title by a 
     participant or beneficiary relating to benefits of a retired 
     employee or the dependents of a retired employee under a 
     group health plan (as defined in section 733(a)(1)), the 
     presumption for purposes of such suit shall be that as of the 
     date an employee retires or completes 20 years of service 
     with the employer, benefits available under the plan during 
     retirement of the employee are fully vested and cannot be 
     modified or terminated for the life of the employee or, if 
     longer, the life of the employee's spouse. This presumption 
     can be overcome only upon a showing, by clear and convincing 
     evidence, that the terms of the group health plan allow for a 
     modification or termination of benefits available under the 
     plan and that the employee, prior to becoming a participant 
     in the plan, was made aware, in clear and unambiguous terms, 
     that the plan allowed for such modification or termination of 
     benefits.''.
       (b) Protection of Retirees Under Certain Collectively 
     Bargained Agreements.--Section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) is amended by adding at the end 
     the following:
       ``(h) It shall be an unfair labor practice for any labor 
     organization and any employer to enter into any contract or 
     agreement, express or implied, whereby the organization and 
     employer agree to modify the terms of any previous agreement 
     in a manner that would result in a reduction or termination 
     of retiree health insurance benefits provided to an employee 
     or a dependent of an employee under the previous agreement, 
     if such modification of the terms of the previous agreement 
     occurs after the date on which the employee retires.''.

[[Page S4514]]

  

                                 ______
                                 
  SA 500. Mr. CARDIN (for himself, Mr. Booker, Ms. Hirono, Mr. Nelson, 
Mr. Van Hollen, Mr. Markey, Mr. Brown, Mr. Carper, Mr. Blumenthal, and 
Ms. Stabenow) submitted an amendment intended to be proposed by him to 
the bill H.R. 1628, to provide for reconciliation pursuant to title II 
of the concurrent resolution on the budget for fiscal year 2017; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STRIKING PROVISIONS THAT INCREASE HEALTH 
                   DISPARITIES.

       Any provision of this Act that would increase health 
     disparities among certain populations, including disparities 
     on the basis of race and ethnicity, socioeconomic status, 
     gender, religion, disability status, geographic location, and 
     sexual identity and orientation shall be null and void and of 
     no effect.
                                 ______
                                 
  SA 501. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                              DIVISION __

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Keeping Health Insurance Affordable Act of 2017''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--MARKETPLACE STABILITY AND SECURITY

Sec. 101. Individual Market Reinsurance Fund.
Sec. 102. Public health insurance option.

               TITLE II--HEALTH CARE FINANCIAL ASSISTANCE

Sec. 201. Increase in eligibility for premium assistance tax credits.
Sec. 202. Enhancements for reduced cost sharing.

                        TITLE III--DRUG PRICING

Sec. 301. Requiring drug manufacturers to provide drug rebates for 
              drugs dispensed to low-income individuals.
Sec. 302. Negotiation of prices for medicare prescription drugs.
Sec. 303. Guaranteed prescription drug benefits.
Sec. 304. Full reimbursement for qualified retiree prescription drug 
              plans.

              TITLE IV--MEDICAID COLLABORATIVE CARE MODELS

Sec. 401. Enhanced FMAP for medical assistance provided through a 
              collaborative care model.

              TITLE I--MARKETPLACE STABILITY AND SECURITY

     SEC. 101. INDIVIDUAL MARKET REINSURANCE FUND.

       (a) Establishment of Fund.--
       (1) In general.--There is established the ``Individual 
     Market Reinsurance Fund'' to be administered by the Secretary 
     to provide funding for an individual market stabilization 
     reinsurance program in each State that complies with the 
     requirements of this section.
       (2) Funding.--There is appropriated to the Fund, out of any 
     moneys in the Treasury not otherwise appropriated, such sums 
     as are necessary to carry out this section (other than 
     subsection (c)) for each calendar year beginning with 2018. 
     Amounts appropriated to the Fund shall remain available 
     without fiscal or calendar year limitation to carry out this 
     section.
       (b) Individual Market Reinsurance Program.--
       (1) Use of funds.--The Secretary shall use amounts in the 
     Fund to establish a reinsurance program under which the 
     Secretary shall make reinsurance payments to health insurance 
     issuers with respect to high-cost individuals enrolled in 
     qualified health plans offered by such issuers that are not 
     grandfathered health plans or transitional health plans for 
     any plan year beginning with the 2018 plan year. This 
     subsection constitutes budget authority in advance of 
     appropriations Acts and represents the obligation of the 
     Secretary to provide payments from the Fund in accordance 
     with this subsection.
       (2) Amount of payment.--The payment made to a health 
     insurance issuer under subsection (a) with respect to each 
     high-cost individual enrolled in a qualified health plan 
     issued by the issuer that is not a grandfathered health plan 
     or a transitional health plan shall equal 80 percent of the 
     lesser of--
       (A) the amount (if any) by which the individual's claims 
     incurred during the plan year exceeds--
       (i) in the case of the 2018, 2019, or 2020 plan year, 
     $50,000; and
       (ii) in the case of any other plan year, $100,000; or
       (B) for plan years described in--
       (i) subparagraph (A)(i), $450,000; and
       (ii) subparagraph (A)(ii), $400,000.
       (3) Indexing.--In the case of plan years beginning after 
     2018, the dollar amounts that appear in subparagraphs (A) and 
     (B) of paragraph (2) shall each be increased by an amount 
     equal to--
       (A) such amount; multiplied by
       (B) the premium adjustment percentage specified under 
     section 1302(c)(4) of the Affordable Care Act, but determined 
     by substituting ``2018'' for ``2013''.
       (4) Payment methods.--
       (A) In general.--Payments under this subsection shall be 
     based on such a method as the Secretary determines. The 
     Secretary may establish a payment method by which interim 
     payments of amounts under this subsection are made during a 
     plan year based on the Secretary's best estimate of amounts 
     that will be payable after obtaining all of the information.
       (B) Requirement for provision of information.--
       (i) Requirement.--Payments under this subsection to a 
     health insurance issuer are conditioned upon the furnishing 
     to the Secretary, in a form and manner specified by the 
     Secretary, of such information as may be required to carry 
     out this subsection.
       (ii) Restriction on use of information.--Information 
     disclosed or obtained pursuant to clause (i) is subject to 
     the HIPAA privacy and security law, as defined in section 
     3009(a) of the Public Health Service Act (42 U.S.C. 300jj-
     19(a)).
       (5) Secretary flexibility for budget neutral revisions to 
     reinsurance payment specifications.--If the Secretary 
     determines appropriate, the Secretary may substitute higher 
     dollar amounts for the dollar amounts specified under 
     subparagraphs (A) and (B) of paragraph (2) (and adjusted 
     under paragraph (3), if applicable) if the Secretary 
     certifies that such substitutions, considered together, 
     neither increase nor decease the total projected payments 
     under this subsection.
       (c) Outreach and Enrollment.--
       (1) In general.--During the period that begins on January 
     1, 2018, and ends on December 31, 2020, the Secretary shall 
     award grants to eligible entities for the following purposes:
       (A) Outreach and enrollment.--To carry out outreach, public 
     education activities, and enrollment activities to raise 
     awareness of the availability of, and encourage enrollment 
     in, qualified health plans.
       (B) Assisting individuals transition to qualified health 
     plans.--To provide assistance to individuals who are enrolled 
     in health insurance coverage that is not a qualified health 
     plan enroll in a qualified health plan.
       (C) Assisting enrollment in public health programs.--To 
     facilitate the enrollment of eligible individuals in the 
     Medicare program or in a State Medicaid program, as 
     appropriate.
       (D) Raising awareness of premium assistance and cost-
     sharing reductions.--To distribute fair and impartial 
     information concerning enrollment in qualified health plans 
     and the availability of premium assistance tax credits under 
     section 36B of the Internal Revenue Code of 1986 and cost-
     sharing reductions under section 1402 of the Patient 
     Protection and Affordable Care Act, and to assist eligible 
     individuals in applying for such tax credits and cost-sharing 
     reductions.
       (2) Eligible entities defined.--
       (A) In general.--In this subsection, the term ``eligible 
     entity'' means--
       (i) a State; or
       (ii) a nonprofit community-based organization.
       (B) Enrollment agents.--Such term includes a licensed 
     independent insurance agent or broker that has an arrangement 
     with a State or nonprofit community-based organization to 
     enroll eligible individuals in qualified health plans.
       (C) Exclusions.--Such term does not include an entity 
     that--
       (i) is a health insurance issuer; or
       (ii) receives any consideration, either directly or 
     indirectly, from any health insurance issuer in connection 
     with the enrollment of any qualified individuals or employees 
     of a qualified employer in a qualified health plan.
       (3) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to awarding grants to 
     States or eligible entities in States that have geographic 
     rating areas at risk of having no qualified health plans in 
     the individual market.
       (4) Funding.--Out of any moneys in the Treasury not 
     otherwise appropriated, $500,000,000 is appropriated to the 
     Secretary for each of calendar years 2018 through 2020, to 
     carry out this subsection.
       (d) Reports to Congress.--
       (1) Annual report.--The Secretary shall submit a report to 
     Congress, not later than January 21, 2019, and each year 
     thereafter, that contains the following information for the 
     most recently ended year:
       (A) The number and types of plans in each State's 
     individual market, specifying the number that are qualified 
     health plans, grandfathered health plans, or health insurance 
     coverage that is not a qualified health plan.
       (B) The impact of the reinsurance payments provided under 
     this section on the availability of coverage, cost of 
     coverage, and coverage options in each State.
       (C) The amount of premiums paid by individuals in each 
     State by age, family size, geographic area in the State's 
     individual market, and category of health plan (as described 
     in subparagraph (A)).
       (D) The process used to award funds for outreach and 
     enrollment activities awarded to eligible entities under 
     subsection (c), the

[[Page S4515]]

     amount of such funds awarded, and the activities carried out 
     with such funds.
       (E) Such other information as the Secretary deems relevant.
       (2) Evaluation report.--Not later than January 31, 2022, 
     the Secretary shall submit to Congress a report that--
       (A) analyzes the impact of the funds provided under this 
     section on premiums and enrollment in the individual market 
     in all States; and
       (B) contains a State-by-State comparison of the design of 
     the programs carried out by States with funds provided under 
     this section.
       (e) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Health and Human Services.
       (2) Fund.--The term ``Fund'' means the Individual Market 
     Reinsurance Fund established under subsection (a).
       (3) Grandfathered health plan.--The term ``grandfathered 
     health plan'' has the meaning given that term in section 
     1251(e) of the Patient Protection and Affordable Care Act.
       (4) High-cost individual.--The term ``high-cost 
     individual'' means an individual enrolled in a qualified 
     health plan (other than a grandfathered health plan or a 
     transitional health plan) who incurs claims in excess of 
     $50,000 during a plan year.
       (5) State.--The term ``State'' means each of the 50 States 
     and the District of Columbia.
       (6) Transitional health plan.--The term ``transitional 
     health plan'' means a plan continued under the letter issued 
     by the Centers for Medicare & Medicaid Services on November 
     14, 2013, to the State Insurance Commissioners outlining a 
     transitional policy for coverage in the individual and small 
     group markets to which section 1251 of the Patient Protection 
     and Affordable Care Act does not apply, and under the 
     extension of the transitional policy for such coverage set 
     forth in the Insurance Standards Bulletin Series guidance 
     issued by the Centers for Medicare & Medicaid Services on 
     March 5, 2014, February 29, 2016, and February 13, 2017.

     SEC. 102. PUBLIC HEALTH INSURANCE OPTION.

       (a) In General.--Part 3 of subtitle D of title I of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148) is amended by adding at the end the following new 
     section:

     ``SEC. 1325. PUBLIC HEALTH INSURANCE OPTION.

       ``(a) Establishment and Administration of a Public Health 
     Insurance Option.--
       ``(1) Establishment.--For years beginning with 2018, the 
     Secretary of Health and Human Services (in this subtitle 
     referred to as the `Secretary') shall provide for the 
     offering through Exchanges established under this title of a 
     health benefits plan (in this Act referred to as the `public 
     health insurance option') that ensures choice, competition, 
     and stability of affordable, high-quality coverage throughout 
     the United States in accordance with this section. In 
     designing the option, the Secretary's primary responsibility 
     is to create a low-cost plan without compromising quality or 
     access to care.
       ``(2) Offering through exchanges.--
       ``(A) Exclusive to exchanges.--The public health insurance 
     option shall only be made available through Exchanges 
     established under this title.
       ``(B) Ensuring a level playing field.--Consistent with this 
     section, the public health insurance option shall comply with 
     requirements that are applicable under this title to health 
     benefits plans offered through such Exchanges, including 
     requirements related to benefits, benefit levels, provider 
     networks, notices, consumer protections, and cost sharing.
       ``(C) Provision of benefit levels.--The public health 
     insurance option--
       ``(i) shall offer bronze, silver, and gold plans; and
       ``(ii) may offer platinum plans.
       ``(3) Administrative contracting.--The Secretary may enter 
     into contracts for the purpose of performing administrative 
     functions (including functions described in subsection (a)(4) 
     of section 1874A of the Social Security Act) with respect to 
     the public health insurance option in the same manner as the 
     Secretary may enter into contracts under subsection (a)(1) of 
     such section. The Secretary has the same authority with 
     respect to the public health insurance option as the 
     Secretary has under subsections (a)(1) and (b) of section 
     1874A of the Social Security Act with respect to title XVIII 
     of such Act. Contracts under this subsection shall not 
     involve the transfer of insurance risk to such entity.
       ``(4) Ombudsman.--The Secretary shall establish an office 
     of the ombudsman for the public health insurance option which 
     shall have duties with respect to the public health insurance 
     option similar to the duties of the Medicare Beneficiary 
     Ombudsman under section 1808(c)(2) of the Social Security 
     Act. In addition, such office shall work with States to 
     ensure that information and notice is provided that the 
     public health insurance option is one of the health plans 
     available through an Exchange.
       ``(5) Data collection.--The Secretary shall collect such 
     data as may be required to establish premiums and payment 
     rates for the public health insurance option and for other 
     purposes under this section, including to improve quality and 
     to reduce racial, ethnic, and other disparities in health and 
     health care.
       ``(6) Access to federal courts.--The provisions of Medicare 
     (and related provisions of title II of the Social Security 
     Act) relating to access of Medicare beneficiaries to Federal 
     courts for the enforcement of rights under Medicare, 
     including with respect to amounts in controversy, shall apply 
     to the public health insurance option and individuals 
     enrolled under such option under this title in the same 
     manner as such provisions apply to Medicare and Medicare 
     beneficiaries.
       ``(b) Premiums and Financing.--
       ``(1) Establishment of premiums.--
       ``(A) In general.--The Secretary shall establish 
     geographically adjusted premium rates for the public health 
     insurance option--
       ``(i) in a manner that complies with the premium rules 
     under paragraph (3); and
       ``(ii) at a level sufficient to fully finance the costs 
     of--

       ``(I) health benefits provided by the public health 
     insurance option; and
       ``(II) administrative costs related to operating the public 
     health insurance option.

       ``(B) Contingency margin.--In establishing premium rates 
     under subparagraph (A), the Secretary shall include an 
     appropriate amount for a contingency margin.
       ``(2) Account.--
       ``(A) Establishment.--There is established in the Treasury 
     of the United States an account for the receipts and 
     disbursements attributable to the operation of the public 
     health insurance option, including the start-up funding under 
     subparagraph (B). Section 1854(g) of the Social Security Act 
     shall apply to receipts described in the previous sentence in 
     the same manner as such section applies to payments or 
     premiums described in such section.
       ``(B) Start-up funding.--
       ``(i) In general.--In order to provide for the 
     establishment of the public health insurance option there is 
     hereby appropriated to the Secretary, out of any funds in the 
     Treasury not otherwise appropriated, $2,000,000,000. In order 
     to provide for initial claims reserves before the collection 
     of premiums, there is hereby appropriated to the Secretary, 
     out of any funds in the Treasury not otherwise appropriated, 
     such sums as necessary to cover 90 days worth of claims 
     reserves based on projected enrollment.
       ``(ii) Amortization of start-up funding.--The Secretary 
     shall provide for the repayment of the startup funding 
     provided under clause (i) to the Treasury in an amortized 
     manner over the 10-year period beginning with 2018.
       ``(iii) Limitation on funding.--Nothing in this subsection 
     shall be construed as authorizing any additional 
     appropriations to the account, other than such amounts as are 
     otherwise provided with respect to other health benefits 
     plans participating under the Exchange involved.
       ``(3) Insurance rating rules.--The premium rate charged for 
     the public health insurance option may not vary except as 
     provided under section 2701 of the Public Health Service Act.
       ``(c) Payment Rates for Items and Services.--
       ``(1) Rates established by secretary.--
       ``(A) In general.--The Secretary shall establish payment 
     rates for the public health insurance option for services and 
     health care providers consistent with this subsection and may 
     change such payment rates in accordance with subsection (d).
       ``(B) Initial payment rules.--
       ``(i) In general.--During 2018, 2019, and 2020, the 
     Secretary shall set the payment rates under this subsection 
     for services and providers described in subparagraph (A) 
     equal to the payment rates for equivalent services and 
     providers under parts A and B of Medicare, subject to clause 
     (ii), paragraph (4), and subsection (d).
       ``(ii) Exceptions.--The Secretary may determine the extent 
     to which Medicare adjustments applicable to base payment 
     rates under parts A and B of Medicare for graduate medical 
     education and disproportionate share hospitals shall apply 
     under this section.
       ``(C) For new services.--The Secretary shall modify payment 
     rates described in subparagraph (B) in order to accommodate 
     payments for services, such as well-child visits, that are 
     not otherwise covered under Medicare.
       ``(D) Prescription drugs.--Payment rates under this 
     subsection for prescription drugs that are not paid for under 
     part A or part B of Medicare shall be at rates negotiated by 
     the Secretary.
       ``(2) Subsequent periods; provider network.--
       ``(A) Subsequent periods.--Beginning with 2021 and for 
     subsequent years, the Secretary shall continue to use an 
     administrative process to set such rates in order to promote 
     payment accuracy, to ensure adequate beneficiary access to 
     providers, and to promote affordability and the efficient 
     delivery of medical care consistent with subsection (a)(1). 
     Such rates shall not be set at levels expected to increase 
     average medical costs per enrollee covered under the public 
     health insurance option beyond what would be expected if the 
     process under paragraph (1)(B) were continued, as certified 
     by the Office of the Actuary of the Centers for Medicare & 
     Medicaid Services.
       ``(B) Establishment of a provider network.--Health care 
     providers participating under Medicare are participating 
     providers in the public health insurance option unless they 
     opt out in a process established by the Secretary.

[[Page S4516]]

       ``(3) Administrative process for setting rates.--Chapter 5 
     of title 5, United States Code shall apply to the process for 
     the initial establishment of payment rates under this 
     subsection but not to the specific methodology for 
     establishing such rates or the calculation of such rates.
       ``(4) Construction.--Nothing in this section shall be 
     construed as limiting the Secretary's authority to correct 
     for payments that are excessive or deficient, taking into 
     account the provisions of subsection (a)(1) and any 
     appropriate adjustments based on the demographic 
     characteristics of enrollees covered under the public health 
     insurance option, but in no case shall the correction of 
     payments under this paragraph result in a level of 
     expenditures per enrollee that exceeds the level of 
     expenditures that would have occurred under paragraph (1)(B), 
     as certified by the Office of the Actuary of the Centers for 
     Medicare & Medicaid Services.
       ``(5) Construction.--Nothing in this section shall be 
     construed as affecting the authority of the Secretary to 
     establish payment rates, including payments to provide for 
     the more efficient delivery of services, such as the 
     initiatives provided for under subsection (d).
       ``(6) Limitations on review.--There shall be no 
     administrative or judicial review of a payment rate or 
     methodology established under this subsection or under 
     subsection (d).
       ``(d) Modernized Payment Initiatives and Delivery System 
     Reform.--
       ``(1) In general.--For plan years beginning with 2018, the 
     Secretary may utilize innovative payment mechanisms and 
     policies to determine payments for items and services under 
     the public health insurance option. The payment mechanisms 
     and policies under this subsection may include patient-
     centered medical home and other care management payments, 
     accountable care organizations, value-based purchasing, 
     bundling of services, differential payment rates, performance 
     or utilization based payments, partial capitation, and direct 
     contracting with providers. Payment rates under such payment 
     mechanisms and policies shall not be set at levels expected 
     to increase average medical costs per enrollee covered under 
     the public health insurance option beyond what would be 
     expected if the process under subsection (c)(1)(B) were 
     continued, as certified by the Office of the Actuary of the 
     Centers for Medicare & Medicaid Services.
       ``(2) Requirements for innovative payments.--The Secretary 
     shall design and implement the payment mechanisms and 
     policies under this subsection in a manner that--
       ``(A) seeks to--
       ``(i) improve health outcomes;
       ``(ii) reduce health disparities (including racial, ethnic, 
     and other disparities);
       ``(iii) provide efficient and affordable care;
       ``(iv) address geographic variation in the provision of 
     health services; or
       ``(v) prevent or manage chronic illness; and
       ``(B) promotes care that is integrated, patient-centered, 
     high-quality, and efficient.
       ``(3) Encouraging the use of high value services.--To the 
     extent allowed by the benefit standards applied to all health 
     benefits plans participating under the Exchange involved, the 
     public health insurance option may modify cost sharing and 
     payment rates to encourage the use of services that promote 
     health and value.
       ``(4) Non-uniformity permitted.--Nothing in this subtitle 
     shall prevent the Secretary from varying payments based on 
     different payment structure models (such as accountable care 
     organizations and medical homes) under the public health 
     insurance option for different geographic areas.
       ``(e) Provider Participation.--
       ``(1) In general.--The Secretary shall establish conditions 
     of participation for health care providers under the public 
     health insurance option.
       ``(2) Licensure or certification.--The Secretary shall not 
     allow a health care provider to participate in the public 
     health insurance option unless such provider is appropriately 
     licensed or certified under State law.
       ``(3) Payment terms for providers.--
       ``(A) Physicians.--The Secretary shall provide for the 
     annual participation of physicians under the public health 
     insurance option, for which payment may be made for services 
     furnished during the year, in one of 2 classes:
       ``(i) Preferred physicians.--Those physicians who agree to 
     accept the payment rate established under this section 
     (without regard to cost-sharing) as the payment in full.
       ``(ii) Participating, non-preferred physicians.--Those 
     physicians who agree not to impose charges (in relation to 
     the payment rate described in subsection (c) for such 
     physicians) that exceed the ratio permitted under section 
     1848(g)(2)(C) of the Social Security Act.
       ``(B) Other providers.--The Secretary shall provide for the 
     participation (on an annual or other basis specified by the 
     Secretary) of health care providers (other than physicians) 
     under the public health insurance option under which payment 
     shall only be available if the provider agrees to accept the 
     payment rate established under subsection (c) (without regard 
     to cost-sharing) as the payment in full.
       ``(4) Exclusion of certain providers.--The Secretary shall 
     exclude from participation under the public health insurance 
     option a health care provider that is excluded from 
     participation in a Federal health care program (as defined in 
     section 1128B(f) of the Social Security Act).
       ``(f) Application of Fraud and Abuse Provisions.--
     Provisions of law (other than criminal law provisions) 
     identified by the Secretary by regulation, in consultation 
     with the Inspector General of the Department of Health and 
     Human Services, that impose sanctions with respect to waste, 
     fraud, and abuse under Medicare, such as the False Claims Act 
     (31 U.S.C. 3729 et seq.), shall also apply to the public 
     health insurance option.
       ``(g) Medicare Defined.--For purposes of this section, the 
     term `Medicare' means the health insurance programs under 
     title XVIII of the Social Security Act.''.
       (b) Conforming Amendments.--
       (1) Treatment as qualified health plan.--Section 1301(a)(2) 
     of the Patient Protection and Affordable Care Act is 
     amended--
       (A) in the heading, by inserting ``, the public health 
     insurance option,'' before ``and''; and
       (B) by inserting ``the public health insurance option under 
     section 1325,'' before ``and a multi-State plan''.
       (2) Level playing field.--Section 1324(a) of such Act is 
     amended by inserting ``the public health insurance option 
     under section 1325,'' before ``or a multi-State qualified 
     health plan''.

               TITLE II--HEALTH CARE FINANCIAL ASSISTANCE

     SEC. 201. INCREASE IN ELIGIBILITY FOR PREMIUM ASSISTANCE TAX 
                   CREDITS.

       (a) In General.--Subparagraph (A) of section 36B(c)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``400 percent'' and inserting ``600 percent''.
       (b) Conforming Amendment.--The table contained in clause 
     (i) of section 36B(b)(3)(A)(i) of the Internal Revenue Code 
     of 1986 is amended by striking ``400%'' and inserting 
     ``600%''.
       (c) Reconciliation of Credit and Advance Credit.--Clause 
     (i) of section 36B(f)(2)(B) of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``In the case of'' and all that follows 
     through ``the amount of'' and inserting ``The amount of'', 
     and
       (2) by striking ``but less than 400%'' in the table.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 202. ENHANCEMENTS FOR REDUCED COST SHARING.

       (a) Modification of Amount.--
       (1) In general.--Section 1402(c)(2) of the Patient 
     Protection and Affordable Care Act is amended to read as 
     follows:
       ``(2) Additional reduction.--The Secretary shall establish 
     procedures under which the issuer of a qualified health plan 
     to which this section applies shall further reduce cost-
     sharing under the plan in a manner sufficient to--
       ``(A) in the case of an eligible insured whose household 
     income is not less than 100 percent but not more than 200 
     percent of the poverty line for a family of the size 
     involved, increase the plan's share of the total allowed 
     costs of benefits provided under the plan to 95 percent of 
     such costs;
       ``(B) in the case of an eligible insured whose household 
     income is more than 200 percent but not more than 300 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of 
     benefits provided under the plan to 90 percent of such costs; 
     and
       ``(C) in the case of an eligible insured whose household 
     income is more than 300 percent but not more than 400 percent 
     of the poverty line for a family of the size involved, 
     increase the plan's share of the total allowed costs of 
     benefits provided under the plan to 85 percent of such 
     costs.''.
       (2) Conforming amendment.--Clause (i) of section 
     1402(c)(1)(B) of such Act is amended to read as follows:
       ``(i) In general.--The Secretary shall ensure the reduction 
     under this paragraph shall not result in an increase in the 
     plan's share of the total allowed costs of benefits provided 
     under the plan above--

       ``(I) 95 percent in the case of an eligible insured 
     described in paragraph (2)(A);
       ``(II) 90 percent in the case of an eligible insured 
     described in paragraph (2)(B); and
       ``(III) 85 percent in the case of an eligible insured 
     described in paragraph (2)(C).''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to plan years beginning after December 31, 2017.
       (b) Funding.--Section 1402 of the Patient Protection and 
     Affordable Care Act is amended by adding at the end the 
     following new subsection:
       ``(g) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to the 
     Secretary such sums as may be necessary for payments under 
     this section.''.

                        TITLE III--DRUG PRICING

     SEC. 301. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG 
                   REBATES FOR DRUGS DISPENSED TO LOW-INCOME 
                   INDIVIDUALS.

       (a) In General.--Section 1860D-2 of the Social Security Act 
     (42 U.S.C. 1395w-102) is amended--
       (1) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (f)'' after 
     ``this subsection''; and
       (2) by adding at the end the following new subsection:
       ``(f) Prescription Drug Rebate Agreement for Rebate 
     Eligible Individuals.--

[[Page S4517]]

       ``(1) Requirement.--
       ``(A) In general.--For plan years beginning on or after 
     January 1, 2019, in this part, the term `covered part D drug' 
     does not include any drug or biological product that is 
     manufactured by a manufacturer that has not entered into and 
     have in effect a rebate agreement described in paragraph (2).
       ``(B) 2018 plan year requirement.--Any drug or biological 
     product manufactured by a manufacturer that declines to enter 
     into a rebate agreement described in paragraph (2) for the 
     period beginning on January 1, 2018, and ending on December 
     31, 2018, shall not be included as a `covered part D drug' 
     for the subsequent plan year.
       ``(2) Rebate agreement.--A rebate agreement under this 
     subsection shall require the manufacturer to provide to the 
     Secretary a rebate for each rebate period (as defined in 
     paragraph (6)(B)) ending after December 31, 2017, in the 
     amount specified in paragraph (3) for any covered part D drug 
     of the manufacturer dispensed after December 31, 2017, to any 
     rebate eligible individual (as defined in paragraph (6)(A)) 
     for which payment was made by a PDP sponsor or MA 
     organization under this part for such period, including 
     payments passed through the low-income and reinsurance 
     subsidies under sections 1860D-14 and 1860D-15(b), 
     respectively. Such rebate shall be paid by the manufacturer 
     to the Secretary not later than 30 days after the date of 
     receipt of the information described in section 1860D-
     12(b)(7), including as such section is applied under section 
     1857(f)(3), or 30 days after the receipt of information under 
     subparagraph (D) of paragraph (3), as determined by the 
     Secretary. Insofar as not inconsistent with this subsection, 
     the Secretary shall establish terms and conditions of such 
     agreement relating to compliance, penalties, and program 
     evaluations, investigations, and audits that are similar to 
     the terms and conditions for rebate agreements under 
     paragraphs (3) and (4) of section 1927(b).
       ``(3) Rebate for rebate eligible medicare drug plan 
     enrollees.--
       ``(A) In general.--The amount of the rebate specified under 
     this paragraph for a manufacturer for a rebate period, with 
     respect to each dosage form and strength of any covered part 
     D drug provided by such manufacturer and dispensed to a 
     rebate eligible individual, shall be equal to the product 
     of--
       ``(i) the total number of units of such dosage form and 
     strength of the drug so provided and dispensed for which 
     payment was made by a PDP sponsor or an MA organization under 
     this part for the rebate period, including payments passed 
     through the low-income and reinsurance subsidies under 
     sections 1860D-14 and 1860D-15(b), respectively; and
       ``(ii) the amount (if any) by which--

       ``(I) the Medicaid rebate amount (as defined in 
     subparagraph (B)) for such form, strength, and period, 
     exceeds
       ``(II) the average Medicare drug program rebate eligible 
     rebate amount (as defined in subparagraph (C)) for such form, 
     strength, and period.

       ``(B) Medicaid rebate amount.--For purposes of this 
     paragraph, the term `Medicaid rebate amount' means, with 
     respect to each dosage form and strength of a covered part D 
     drug provided by the manufacturer for a rebate period--
       ``(i) in the case of a single source drug or an innovator 
     multiple source drug, the amount specified in paragraph 
     (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, 
     if any, specified in subparagraph (A)(ii) of paragraph (2) of 
     such section, for such form, strength, and period; or
       ``(ii) in the case of any other covered outpatient drug, 
     the amount specified in paragraph (3)(A)(i) of such section 
     for such form, strength, and period.
       ``(C) Average medicare drug program rebate eligible rebate 
     amount.--For purposes of this subsection, the term `average 
     Medicare drug program rebate eligible rebate amount' means, 
     with respect to each dosage form and strength of a covered 
     part D drug provided by a manufacturer for a rebate period, 
     the sum, for all PDP sponsors under part D and MA 
     organizations administering an MA-PD plan under part C, of--
       ``(i) the product, for each such sponsor or organization, 
     of--

       ``(I) the sum of all rebates, discounts, or other price 
     concessions (not taking into account any rebate provided 
     under paragraph (2) or any discounts under the program under 
     section 1860D-14A) for such dosage form and strength of the 
     drug dispensed, calculated on a per-unit basis, but only to 
     the extent that any such rebate, discount, or other price 
     concession applies equally to drugs dispensed to rebate 
     eligible Medicare drug plan enrollees and drugs dispensed to 
     PDP and MA-PD enrollees who are not rebate eligible 
     individuals; and
       ``(II) the number of the units of such dosage and strength 
     of the drug dispensed during the rebate period to rebate 
     eligible individuals enrolled in the prescription drug plans 
     administered by the PDP sponsor or the MA-PD plans 
     administered by the MA organization; divided by

       ``(ii) the total number of unit