TEXT OF AMENDMENTS; Congressional Record Vol. 163, No. 146
(Senate - September 11, 2017)

Text available as:

Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.


[Pages S5118-S5165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 855. 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) A description of the actions taken by the Armed Forces 
     of the United States in the preceding year to mitigate 
     civilian casualties as a result of United States military 
     operations that were in addition to any such actions taken in 
     the year preceding such preceding year.
       (3) Any other information the Secretary considers 
     appropriate.
       (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 856. 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. 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.
       (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 safety standards, 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 857. 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 Secretary of 
     Defense shall submit to the congressional defense committees 
     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 security 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 security 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.

[[Page S5119]]

       (6) A detailed roadmap to reach the end state and 
     objectives identified in paragraph (5).
       (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 personnel, capability, and 
     resource gaps that would impact the execution of the roadmap 
     described in paragraph (6) or 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 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 Secretary of Defense 
     shall provide Congress with a quarterly written progress 
     report on the implementation of the strategy required 
     pursuant to subsection (a) in unclassified form.
                                 ______
                                 
  SA 858. 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 known foreign nation, foreign entity, 
     or individual violations of existing United Nations sanctions 
     against North Korea, together with parameters for determining 
     whether and on what timeline it serves United States 
     interests to target those violators with unilateral secondary 
     sanctions.
       (4) 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.
       (5) 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 (7).
       (6) A description of the channels North Korea is using to 
     access the United States and international financial systems, 
     the degree to which those channels have been targeted by 
     United States and multilateral sanctions thus far, and a 
     roadmap for determining whether, how, and on what timeline 
     the United States may take action to cut off access in the 
     future.
       (7) The desired end state in North Korea and current United 
     States objectives relative to security threats emanating from 
     North Korea.
       (8) A description of existing unilateral and multilateral 
     levers the United States has to exert coercive pressure on 
     North Korea, together with an assessment of the degree to 
     which those levers have been utilized thus far, the degree to 
     which those actions have imposed costs on North Korea, 
     remaining options for increasing those costs, and parameters 
     the President will use to determine when and to what degree 
     increasing those costs is necessary.
       (9) A detailed roadmap to reach the end state and 
     objectives identified in paragraph (7) through unilateral and 
     multilateral diplomatic and economic means, including 
     timelines for each element of the roadmap.
       (10) An identification of the resources and authorities 
     necessary to carry out the roadmap described in paragraph 
     (9).
       (11) A description of the number and types of United States 
     civilian personnel supporting the roadmap described in 
     paragraph (9), including an identification of appointed 
     positions relevant to the roadmap and the current status of 
     such positions as vacant or filled.
       (12) A description of operational plans and associated 
     military requirements for the protection of United States 
     national security interests relative to threats from North 
     Korea.
       (13) An identification of any military or civilian 
     personnel, capability, and resource gaps that would impact 
     the execution of the roadmap described in paragraph (9) or 
     any associated operational plan, and a mitigation plan to 
     address such gaps.
       (14) 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 859. Mr. BOOKER (for himself and Mrs. Fischer) 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 VI, add the following:

     SEC. ___. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE 
                   ARMED FORCES AND VETERANS.

       (a) Improved Employment Skills Verification.--Section 
     1143(a) of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``The Secretary of 
     Defense''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In order to improve the accuracy and completeness of 
     a certification or verification of job skills and experience 
     required by paragraph (1), the Secretary of Defense and the 
     Secretary of Homeland Security with respect to the Coast 
     Guard when it is not operating as a service in the Navy 
     shall--
       ``(A) establish a database to record all training performed 
     by members of the armed forces that may have application to 
     employment in the civilian sector; and
       ``(B) make unclassified information regarding such 
     information available to States and other potential employers 
     referred to in subsection (c) so that State and other 
     entities may allow military training to satisfy licensing or 
     certification requirements to engage in a civilian 
     profession.''.
       (b) Improved Accuracy of Certificates of Training and 
     Skills.--Section 1143(a) of title 10, United States Code, is 
     further amended by inserting after paragraph (2), as added by 
     subsection (a), the following new paragraph:
       ``(3) The Secretary of Defense and the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy shall ensure that a 
     certification or verification of job skills and experience 
     required by paragraph (1) is rendered in such a way that 
     States and other potential employers can confirm the accuracy 
     and authenticity of the certification or verification.''.
       (c) Improved Responsiveness to Certification Requests.--
     Section 1143(c) of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' before ``For the purpose''; and
       (2) by adding at the end the following new paragraph:
       ``(2) A State may use a certification or verification of 
     job skills and experience provided to a member of the armed 
     forces under subsection (a) and request the Department of 
     Defense or the Coast Guard, as the case may be, to confirm 
     the accuracy and authenticity of the certification or 
     verification. A response confirming or denying the 
     information shall be provided within five business days.''.
       (d) Improved Notice to Members.--Section 1142(b)(4)(A) of 
     title 10, United States Code, is amended by inserting before 
     the semicolon the following: ``, including State-submitted 
     and approved lists of military training and skills that 
     satisfy occupational certifications and licenses''.
                                 ______
                                 
  SA 860. Mr. SCHUMER 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. ___. PERMANENT RESIDENT STATUS FOR ALEMSEGHED MUSSIE 
                   TESFAMICAL.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151) and section 240 of such Act (8 U.S.C. 1229a), 
     Alemseghed Mussie Tesfamical shall be eligible for the 
     issuance of an immigrant visa or for adjustment of status to 
     that of an alien lawfully admitted for permanent residence 
     upon filing an application for issuance of an immigrant visa 
     under section 204 of such Act (8 U.S.C. 1154) or for 
     adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Alemseghed Mussie Tesfamical 
     enters the United States

[[Page S5120]]

     before the filing deadline specified in subsection (c), 
     Alemseghed Mussie Tesfamical shall be considered to have 
     entered into and remained lawfully in the United States and, 
     if otherwise eligible, shall be eligible for adjustment of 
     status under section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) as of the date of the enactment of this 
     Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or for adjustment of status 
     is filed by Alemseghed Mussie Tesfamical with appropriate 
     fees not later than 2 years after the date of the enactment 
     of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Alemseghed 
     Mussie Tesfamical, the Secretary of State shall instruct the 
     proper officer to reduce by 1, during the current or next 
     following fiscal year, the total number of immigrant visas 
     that are made available to natives of the country of 
     Alemseghed Mussie Tesfamical's birth under section 203(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, if 
     applicable, the total number of immigrant visas that are made 
     available to natives of such country under section 202(e) of 
     such Act (8 U.S.C. 1152(e)).
                                 ______
                                 
  SA 861. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR JOEL COLINDRES.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Joel Colindres shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Joel Colindres enters the 
     United States before the filing deadline specified in 
     subsection (c), Joel Colindres shall be considered to have 
     entered and remained lawfully in the United States and shall 
     be eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Joel 
     Colindres, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or next following 
     fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Joel 
     Colindres under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Joel 
     Colindres under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Committee on the Budget of the 
     Senate, provided that such statement has been submitted prior 
     to the vote on passage.
                                 ______
                                 
  SA 862. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR VALENT KOLAMI.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Valent Kolami shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Valent Kolami enters the 
     United States before the filing deadline specified in 
     subsection (c), Valent Kolami shall be considered to have 
     entered and remained lawfully in the United States and shall 
     be eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Valent Kolami, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Valent Kolami 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of 
     Valent Kolami under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 863. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR ADRIAN EMIN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Adrian Emin shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Adrian Emin enters the United 
     States before the filing deadline specified in subsection 
     (c), Adrian Emin shall be considered to have entered and 
     remained lawfully in the United States and shall be eligible 
     for adjustment of status under section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Adrian Emin, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Adrian Emin 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of 
     Adrian Emin under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 864. 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:

[[Page S5121]]

  


     SEC. __. PERMANENT RESIDENT STATUS FOR NURY CHAVARRIA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Nury Chavarria shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Nury Chavarria enters the 
     United States before the filing deadline specified in 
     subsection (c), Nury Chavarria shall be considered to have 
     entered and remained lawfully in the United States and shall 
     be eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Nury 
     Chavarria, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or next following 
     fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Nury 
     Chavarria under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Nury 
     Chavarria under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Committee on the Budget of the 
     Senate, provided that such statement has been submitted prior 
     to the vote on passage.
                                 ______
                                 
  SA 865. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR VALENT KOLAMI, NURY 
                   CHAVARRIA, JOEL COLINDRES, AND ADRIAN EMIN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Valent Kolami, Nury Chavarria, Joel Colindres, and 
     Adrian Emin shall each be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Valent Kolami, Nury 
     Chavarria, Joel Colindres, or Adrian Emin enters the United 
     States before the filing deadline specified in subsection 
     (c), Valent Kolami, Nury Chavarria, Joel Colindres, or Adrian 
     Emin, as applicable, shall be considered to have entered and 
     remained lawfully in the United States and shall be eligible 
     for adjustment of status under section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Valent Kolami, 
     Nury Chavarria, Joel Colindres, or Adrian Emin, the Secretary 
     of State shall instruct the proper officer to reduce by 1, 
     during the current or next following fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Valent 
     Kolami, Nury Chavarria, Joel Colindres, or Adrian Emin, as 
     applicable, under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) the total number of immigrant visas that are made 
     available to natives of the country of birth of Valent 
     Kolami, Nury Chavarria, Joel Colindres, or Adrian Emin, as 
     applicable, under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 866. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR LUIS BARRIOS, VALENT 
                   KOLAMI, NURY CHAVARRIA, JOEL COLINDRES, AND 
                   ADRIAN EMIN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Luis Barrios, Valent Kolami, Nury Chavarria, Joel 
     Colindres, and Adrian Emin shall each be eligible for 
     issuance of an immigrant visa or for adjustment of status to 
     that of an alien lawfully admitted for permanent residence 
     upon filing an application for issuance of an immigrant visa 
     under section 204 of such Act (8 U.S.C. 1154) or for 
     adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Luis Barrios, Valent Kolami, 
     Nury Chavarria, Joel Colindres, or Adrian Emin enters the 
     United States before the filing deadline specified in 
     subsection (c), Luis Barrios, Valent Kolami, Nury Chavarria, 
     Joel Colindres, or Adrian Emin, as applicable, shall be 
     considered to have entered and remained lawfully in the 
     United States and shall be eligible for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) as of the date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Luis Barrios, 
     Valent Kolami, Nury Chavarria, Joel Colindres, or Adrian 
     Emin, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or next following 
     fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Luis Barrios, 
     Valent Kolami, Nury Chavarria, Joel Colindres, or Adrian 
     Emin, as applicable, under section 203(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(a)); or
       (2) the total number of immigrant visas that are made 
     available to natives of the country of birth of Luis Barrios, 
     Valent Kolami, Nury Chavarria, Joel Colindres, or Adrian 
     Emin, as applicable, under section 202(e) of such Act (8 
     U.S.C. 1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 867. Ms. WARREN (for herself and Mr. Tillis) 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 C of title XVI, add the following:

     SEC. 1630C. REPORT ON SIGNIFICANT SECURITY RISKS OF DEFENSE 
                   CRITICAL ELECTRIC INFRASTRUCTURE.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in coordination with the Director of National Intelligence, 
     the Secretary of Energy, and the Secretary of Homeland 
     Security, submit to the appropriate committees of Congress a 
     report setting forth the following:
       (1) Identification of significant security risks to defense 
     critical electric infrastructure posed by significant 
     malicious cyber-enabled activities.
       (2) An assessment of the potential effect of the security 
     risks identified pursuant to paragraph (1) on the readiness 
     of the Armed Forces.
       (3) An assessment of the strategic benefits derived from, 
     and the challenges associated with, isolating military 
     infrastructure from the national electric grid and the use of 
     microgrids by the Armed Forces.

[[Page S5122]]

       (4) Recommendations on actions to be taken--
       (A) to eliminate or mitigate the security risks identified 
     pursuant to paragraph (1); and
       (B) to address the effect of those security risks on the 
     readiness of the Armed Forces identified pursuant to 
     paragraph (2).
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the congressional defense committees;
       (B) the Committee on Energy and Natural Resources and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (C) the Committee on Energy and Commerce and the Committee 
     on Homeland Security of the House of Representatives.
       (2) The term ``defense critical electric infrastructure''--
       (A) has the meaning given such term in section 215A(a) of 
     the Federal Power Act (16 U.S.C. 824o-1(a)); and
       (B) shall include any electric infrastructure located in 
     any of the 48 contiguous States or the District of Columbia 
     that serves a facility--
       (i) designated by the Secretary of Defense as--

       (I) critical to the defense of the United States; and
       (II) vulnerable to a disruption of the supply of electric 
     energy provided to such facility by an external provider; and

       (ii) that is not owned or operated by the owner or operator 
     of such facility.
       (3) The term ``security risk'' shall have such meaning as 
     the Secretary of Defense shall determine, in coordination 
     with the Director of National Intelligence and the Secretary 
     of Energy, for purposes of the report required by subsection 
     (a).
       (4) The term ``significant malicious cyber-enabled 
     activities'' include--
       (A) significant efforts--
       (i) to deny access to or degrade, disrupt, or destroy an 
     information and communications technology system or network; 
     or
       (ii) to exfiltrate, degrade, corrupt, destroy, or release 
     information from such a system or network without 
     authorization for purposes of--

       (I) conducting influence operations; or
       (II) causing a significant misappropriation of funds, 
     economic resources, trade secrets, personal identifications, 
     or financial information for commercial or competitive 
     advantage or private financial gain;

       (B) significant destructive malware attacks; and
       (C) significant denial of service activities.
                                 ______
                                 
  SA 868. Mr. VAN HOLLEN 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:

     SECTION 1. STRENGTHENING ALLIED CYBERSECURITY.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening Allied Cybersecurity Act of 2017''.
       (b) Findings.--Congress makes the following findings:
       (1) In January 2017, the Director of National Intelligence 
     (referred to in this Act as the ``DNI''), in coordination 
     with the Central Intelligence Agency, the Federal Bureau of 
     Investigation (referred to in this Act as the ``FBI''), and 
     the National Security Agency, judged with high confidence 
     that Russian President Vladimir Putin ordered an influence 
     campaign aimed at the 2016 United States presidential 
     election.
       (2) The DNI report stated, ``[The Department of Homeland 
     Security] assesses that the types of systems Russian actors 
     targeted or compromised were not involved in vote 
     tallying.''.
       (3) On January 10, 2017, the DNI stated, in testimony 
     before the Select Committee on Intelligence of the Senate, 
     ``We can say that we did not see evidence of the Russians 
     altering vote tallies.''.
       (4) On March 20, 2017, FBI Director James Comey stated, in 
     testimony before the Permanent Select Committee on 
     Intelligence of the House of Representatives, ``We also, as a 
     government, supplied information to all the states so they 
     could equip themselves to make sure there was no successful 
     effort to affect the vote and there was none, as we said 
     earlier.''.
       (5) The DNI, in coordination with the Central Intelligence 
     Agency, the FBI, and the National Security Agency, judged 
     that Russia's intelligence services conducted cyber 
     operations against targets associated with the 2016 United 
     States presidential election.
       (6) The DNI assessed that the Russian Government's campaign 
     aimed at the United States election featured--
       (A) disclosures of data obtained through Russian cyber 
     operations;
       (B) intrusions into United States state and local election 
     boards; and
       (C) overt propaganda.
       (7) Russia's use of public disclosures of Russian-collected 
     data during the United States election was unprecedented.
       (8) The DNI, in coordination with the Central Intelligence 
     Agency, the FBI, and the National Security Agency, assessed 
     that Russia will apply lessons learned from its Putin-ordered 
     campaign aimed at the United States presidential election to 
     influence future elections worldwide, including against 
     United States allies and their election processes.
       (9) In May 2016, Germany's domestic intelligence agency 
     assessed that hackers linked to the Russian Government had 
     targeted Chancellor Angela Merkel's Christian Democratic 
     Union party and German state computers.
       (10) The head of Germany's foreign intelligence service, 
     Bruno Kahl, later asserted that Germany had ``evidence that 
     cyber-attacks are taking place that have no other purpose 
     than to elicit political uncertainty. The perpetrators are 
     interested in delegitimizing the democratic process as such, 
     regardless of who that ends of helping. We have indications 
     that [the attacks] come from the Russian region.'' In 
     November 2016, German Chancellor Merkel, said, ``such cyber-
     attacks, or hybrid conflicts as they are known in Russian 
     doctrine, are now part of daily life and we must learn to 
     cope with them''.
       (11) On May 9, 2017, Admiral Michael Rogers, United States 
     Cyber Command commander and Director of the National Security 
     Agency, testified before the Committee on Armed Services of 
     the Senate that the United States surveilled Russian hackers 
     attack French computer systems as the French election 
     approached. In his testimony, Rogers said, ``We had talked to 
     our French counterparts prior to the public announcements of 
     the events that were publicly attributed this past weekend, 
     and gave them a heads up, `Look we're watching the Russians, 
     we're seeing them penetrate some of your infrastructure.'.''.
       (12) In February 2017, the United Kingdom's Defence 
     Secretary Fallon stated that--
       (A) all North Atlantic Treaty Organization (NATO) countries 
     must support reform ``to make NATO more agile, resilient, and 
     better configured to operate in the contemporary environment 
     including against hybrid and cyber-attacks''; and
       (B) ``NATO must defend itself as effectively in the cyber 
     sphere as it does in the air, on land, and at sea.''.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Foreign Affairs of the House of 
     Representatives;
       (C) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     Senate;
       (D) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     House of Representatives;
       (E) the Select Committee on Intelligence of the Senate;
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (G) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (H) the Committee on Homeland Security of the House of 
     Representatives;
       (I) the Committee on Armed Services of the Senate;
       (J) the Committee on Armed Services of the House of 
     Representatives;
       (K) the Committee on the Judiciary of the Senate; and
       (L) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Appropriate federal agencies.--The term ``appropriate 
     Federal agencies'' means--
       (A) the Department of Defense;
       (B) the Department of Homeland Security;
       (C) the Department of Justice;
       (D) the Department of the Treasury;
       (E) the Office of the Director of National Intelligence; 
     and
       (F) the Department of Commerce
       (3) Hybrid warfare.--The term ``hybrid warfare'' means a 
     military strategy that blends conventional warfare, irregular 
     warfare, informational warfare, and cyber warfare.
       (d) Trans-Atlantic Cybersecurity Cooperation Strategy.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the heads of the appropriate Federal 
     agencies, shall develop, and submit to the appropriate 
     congressional committees, a trans-Atlantic cybersecurity 
     strategy, with a classified annex if necessary, that 
     includes--
       (A) a plan of action to guide United States cooperation 
     with North Atlantic Treaty Organization (NATO) allies to 
     respond to Russia's hybrid warfare against NATO allies;
       (B) a plan of action to guide United States cooperation 
     with European partners, including non-NATO nations, to 
     counter Russia's cyber efforts to undermine democratic 
     elections in the United States and Europe;
       (C) an assessment of nonmilitary tools and tactics, 
     including sanctions, indictments, or other actions that the 
     United States can use, unilaterally or in cooperation with 
     like-minded nations, to counter Russia's malicious cyber 
     activity in the United States and Europe; and

[[Page S5123]]

       (D) a review of resources required by the Department of 
     State and appropriate Federal agencies to conduct activities 
     to build cooperation with NATO allies and European partners 
     on countering Russia's hybrid warfare and disinformation 
     efforts.
       (2) Civil liberties and privacy.--The Secretary of State 
     shall ensure that the implementation of the strategy 
     described in paragraph (1) is consistent with United States 
     standards for civil liberties and privacy protections.
       (e) Federal Cybersecurity Liaison to United States 
     Presidential Campaigns and Major National Political Party 
     Committees.--
       (1) Appointment.--The Director of the Federal Bureau of 
     Investigation shall appoint, at the rank of Executive 
     Assistant Director, a cybersecurity liaison for presidential 
     campaigns and major national political party committees, who, 
     at the request of presidential campaigns and major national 
     political party committees, shall--
       (A) regularly share cybersecurity best practices and 
     protocols with each presidential campaign, the Democratic 
     National Committee, the Republican National Committee, the 
     Democratic Senatorial Campaign Committee, the National 
     Republican Senatorial Committee, the Democratic Congressional 
     Campaign Committee, and the National Republican Congressional 
     Committee; and
       (B) provide the timely sharing of cybersecurity threats to 
     such campaigns and committees to prevent or mitigate adverse 
     effects from such cybersecurity threats.
       (f) Reporting Requirement.--The Secretary of State, in 
     coordination with the heads of the appropriate Federal 
     agencies, shall submit an annual report to the appropriate 
     congressional committees on the implementation of the trans-
     Atlantic cybersecurity cooperation strategy developed under 
     subsection (d).
                                 ______
                                 
  SA 869. Mrs. GILLIBRAND (for herself and Ms. Collins) 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 C of title V, add the following:

     SEC. ___. RETENTION AND SERVICE OF TRANSGENDER MEMBERS OF THE 
                   ARMED FORCES.

       (a) Sense of Congress.--It is the sense of Congress that 
     individuals who are qualified and can meet the standards to 
     serve in the military should be eligible to serve.
       (b) Prohibition on Certain Actions Based on Member Gender 
     Identity.--A member of the Armed Forces may not be 
     involuntarily separated from the Armed Forces, or denied 
     reenlistment or continuation in service in the Armed Forces, 
     solely on the basis of the member's gender identity.
       (c) Review of Accession of Transgender Individuals Into the 
     Armed Forces.--
       (1) Deadline for completion of review.--The Secretary of 
     Defense shall complete the review of policy on the accession 
     of transgender individuals into the Armed Forces announced by 
     the Secretary on June 30, 2017, by not later than December 
     31, 2017.
       (2) Report.--Not later than February 21, 2018, the 
     Secretary shall submit to Congress a comprehensive report on 
     the results of the review of policy described in paragraph 
     (1).
                                 ______
                                 
  SA 870. Mr. COTTON (for himself and Mr. Graham) 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 II, add the following:

     SEC. 236. VERY-LOW PROFILE HARDWARE TO INTERACT WITH THE 
                   MOBILE USER OBJECTIVE SYSTEM AND OTHER SYSTEMS.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2018 by section 201 for 
     research, development, test, and evaluation is hereby 
     increased by $8,000,000, with the amount of the increase to 
     be available for the Joint Tactical Information Distribution 
     System (PE 0604771D8Z).
       (b) Availability.--The amount available under subsection 
     (a) shall be available for the Secretary of Defense to study 
     and demonstrate very-low profile hardware, such as antennas 
     and chipsets, with software, encryption, and cyber and 
     network management tools necessary to interact with the 
     Mobile User Objective System (MUOS) and other systems that 
     are considered part of the Internet of things to provide 
     command, control, communications, and cyber restoral 
     capabilities.
       (c) Offset.--The amount authorized to be appropriated for 
     fiscal year 2018 by section 301 for operation and maintenance 
     is hereby decreased by $8,000,000, with the amount of the 
     decrease to be applied as an increase to the reduction from 
     fuel savings in the funding table in section 4301.
                                 ______
                                 
  SA 871. 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.

       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 (Public Law 
     107-40; 50 U.S.C. 1541 note).
       (2) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 
     note).
                                 ______
                                 
  SA 872. Mr. PAUL (for himself, Mr. Schatz, and Mr. Wyden) 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--PREVENTION OF MILITARIZATION OF LAW ENFORCEMENT BY EXCESS 
                       FEDERAL PROPERTY TRANSFERS

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Stop Militarizing Law 
     Enforcement Act''.

     SEC. 1702. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT 
                   OF DEFENSE PERSONAL PROPERTY TO FEDERAL AND 
                   STATE LAW ENFORCEMENT AGENCIES.

       (a) Additional Limitations.--
       (1) In general.--Section 2576a of title 10, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)'' and inserting ``the provisions of this 
     section''; and
       (II) in subparagraph (A), by striking ``, including 
     counter-drug and counterterrorism activities''; and

       (ii) in paragraph (2), by striking ``and the Director of 
     National Drug Control Policy'';
       (B) in subsection (b)--
       (i) in paragraph (3), by striking ``and'' at the end;
       (ii) in paragraph (4), by striking the period and inserting 
     a semicolon; and
       (iii) by adding at the end the following new paragraphs:
       ``(5) the recipient certifies to the Department of Defense 
     that it has the personnel and technical capacity, including 
     training, to operate the property; and
       ``(6) the recipient certifies to the Department of Defense 
     that if the recipient determines that the property is surplus 
     to the needs of the recipient, the recipient will return the 
     property to the Department of Defense.'';
       (C) by striking subsection (d); and
       (D) by adding at the end the following new subsections:
       ``(d) Limitations on Transfers.--The Secretary of Defense 
     may not transfer under this section any property as follows:
       ``(1) Weapons, weapon parts, and weapon components, 
     including camouflage and deception equipment, and optical 
     sights.
       ``(2) Weapon system specific vehicular accessories.
       ``(3) Demolition materials.
       ``(4) Explosive ordinance.
       ``(5) Night vision equipment.
       ``(6) Tactical clothing, including uniform clothing and 
     footwear items, special purpose clothing items, and 
     specialized flight clothing and accessories.
       ``(7) Drones.
       ``(8) Combat, assault, and tactical vehicles, including 
     Mine-Resistant Ambush Protected (MRAP) vehicles.
       ``(9) Training aids and devices.
       ``(10) Firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, and 
     bayonets.
       ``(e) Approval by Law Required for Transfer of Property Not 
     Previously Transferrable.--(1) In the event the Secretary of 
     Defense proposes to make available for transfer under this 
     section any property of the Department of Defense not 
     previously made available for transfer under this section, 
     the Secretary shall submit to the appropriate committees of 
     Congress a report setting forth the following:
       ``(A) A description of the property proposed to be made 
     available for transfer.
       ``(B) A description of the conditions, if any, to be 
     imposed on use of the property after transfer.
       ``(C) A certification that transfer of the property would 
     not violate a provision of this section or any other 
     provision of law.

[[Page S5124]]

       ``(2) The Secretary may not transfer any property covered 
     by a report under this subsection unless authorized by a law 
     enacted by Congress after the date of the receipt of the 
     report by Congress.
       ``(f) Annual Certification Accounting for Transferred 
     Property.--(1) The Secretary of Defense shall submit to the 
     appropriate committees of Congress each year a certification 
     in writing that each recipient to which the Secretary has 
     transferred property under this section during the preceding 
     fiscal year--
       ``(A) has provided to the Secretary documentation 
     accounting for all property the Secretary has previously 
     transferred to such recipient under this section; and
       ``(B) has complied with paragraphs (5) and (6) of 
     subsection (b) with respect to the property so transferred 
     during such fiscal year.
       ``(2) If the Secretary cannot provide a certification under 
     paragraph (1) for a recipient, the Secretary may not transfer 
     additional property to such recipient under this section, 
     effective as of the date on which the Secretary would 
     otherwise make the certification under this subsection, and 
     such recipient shall be suspended or terminated from further 
     receipt of property under this section.
       ``(g) Conditions for Extension of Program.--Notwithstanding 
     any other provision of law, amounts authorized to be 
     appropriated or otherwise made available for any fiscal year 
     may not be obligated or expended to carry out this section 
     unless the Secretary submits to the appropriate committees of 
     Congress a certification that for the preceding fiscal year 
     that--
       ``(1) each recipient agency that has received property 
     under this section has--
       ``(A) demonstrated 100 percent accountability for all such 
     property, in accordance with paragraph (2) or (3), as 
     applicable; or
       ``(B) been suspended or terminated from the program 
     pursuant to paragraph (4);
       ``(2) with respect to each non-Federal agency that has 
     received property under this section, the State Coordinator 
     responsible for each such agency has verified that the State 
     Coordinator or an agent of the State Coordinator has 
     conducted an in-person inventory of the property transferred 
     to the agency and that 100 percent of such property was 
     accounted for during the inventory or that the agency has 
     been suspended or terminated from the program pursuant to 
     paragraph (4);
       ``(3) with respect to each Federal agency that has received 
     property under this section, the Secretary of Defense or an 
     agent of the Secretary has conducted an in-person inventory 
     of the property transferred to the agency and that 100 
     percent of such property was accounted for during the 
     inventory or that the agency has been suspended or terminated 
     from the program pursuant to paragraph (4);
       ``(4) the eligibility of any agency that has received 
     property under this section for which 100 percent of the 
     equipment was not accounted for during an inventory described 
     in paragraph (2) or (3), as applicable, to receive property 
     transferred under this section has been suspended or 
     terminated; and
       ``(5) each State Coordinator has certified, for each non-
     Federal agency located in the State for which the State 
     Coordinator is responsible that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated; and
       ``(6) the Secretary of Defense has certified, for each 
     Federal agency that has received property under this section 
     that--
       ``(A) the agency has complied with all requirements under 
     this section; or
       ``(B) the eligibility of the agency to receive property 
     transferred under this section has been suspended or 
     terminated.
       ``(h) Website.--The Defense Logistics Agency shall 
     maintain, and update on a quarterly basis, an Internet 
     website on which the following information shall be made 
     publicly available in a searchable format:
       ``(1) A description of each transfer made under this 
     section, including transfers made before the date of the 
     enactment of the Stop Militarizing Law Enforcement Act, set 
     forth by State, county, and recipient agency, and including 
     item name, item type, item model, and quantity.
       ``(2) A list of all property transferred under this section 
     that is not accounted for by the Defense Logistics Agency, 
     including--
       ``(A) the name of the State, county, and recipient agency;
       ``(B) the item name, item type, and item model;
       ``(C) the date on which such property became unaccounted 
     for by the Defense Logistics Agency; and
       ``(D) the current status of such item.
       ``(3) A list of each agency suspended or terminated from 
     further receipt of property under this section, including 
     State, county, and agency, and the reason for and duration of 
     such suspension or termination.
       ``(i) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Armed Services and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives.
       ``(2) The term `agent of a State Coordinator' means any 
     individual to whom a State Coordinator formally delegates 
     responsibilities for the duties of the State Coordinator to 
     conduct inventories described in subsection (g)(2).
       ``(3) The term `State Coordinator', with respect to a 
     State, means the individual appointed by the governor of the 
     State to maintain property accountability records and oversee 
     property use by the State.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (b) Return of Property to Department of Defense.--Not later 
     than one year after the date of the enactment of this Act, 
     each Federal or State agency to which property described by 
     subsection (d) of section 2576a of title 10, United States 
     Code (as added by subsection (a)(1) of this section), was 
     transferred before the date of the enactment of this Act 
     shall return such property to the Defense Logistics Agency on 
     behalf of the Department of Defense.

     SEC. 1703. USE OF DEPARTMENT OF HOMELAND SECURITY 
                   PREPAREDNESS GRANT FUNDS.

       (a) Definitions.--In this section--
       (1) the term ``Agency'' means the Federal Emergency 
     Management Agency; and
       (2) the term ``preparedness grant program'' includes--
       (A) the Urban Area Security Initiative authorized under 
     section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 
     604);
       (B) the State Homeland Security Grant Program authorized 
     under section 2004 of the Homeland Security Act of 2002 (6 
     U.S.C. 605);
       (C) the Port Security Grant Program authorized under 
     section 70107 of title 46, United States Code; and
       (D) any other non-disaster preparedness grant program of 
     the Agency.
       (b) Limitation.--The Agency may not permit awards under a 
     preparedness grant program--
       (1) to be used to buy, maintain, or alter--
       (A) explosive entry equipment;
       (B) head and face protection equipment, other than those to 
     be used by certified bomb technicians;
       (C) canines (other than bomb-sniffing canines for agencies 
     with certified bomb technicians or for use in search and 
     rescue operations);
       (D) tactical or armored vehicles;
       (E) long range hailing and warning devices;
       (F) tactical entry equipment (other than for use by 
     specialized teams such as Accredited Bomb Squads, Tactical 
     Entry, or Special Weapons and Tactics (SWAT) Teams); or
       (G) firearms of .50 caliber or higher, ammunition of .50 
     caliber or higher, grenade launchers, flash grenades, or 
     bayonets;
       (2) to be used to buy, maintain, or alter body armor or 
     ballistic helmets and shields unless the grantee certifies to 
     the Agency that the equipment will not be used for riot 
     suppression.
       (c) Review of Prior Receipt of Property Before Award.--In 
     making an award under a preparedness grant program, the 
     Agency shall--
       (1) determine whether the awardee has already received, and 
     still retains, property from the Department of Defense 
     pursuant to section 2576a of title 10, United States Code, 
     including through review of the website maintained by the 
     Defense Logistics Agency pursuant to subsection (h) of such 
     section (as added by section 1702(a)(1) of this Act);
       (2) require that the award may not be used by the awardee 
     to procure or obtain property determined to be retained by 
     the awardee pursuant to paragraph (1); and
       (3) require that the award only be used to procure or 
     obtain property in accordance with use restrictions contained 
     within the Agency's State and Local Preparedness Grant 
     Programs' Authorized Equipment List.
       (d) Use of Grant Program Funds for Required Return of 
     Property to DoD.--Notwithstanding any other provision of law, 
     the use of funds by a State or local agency to return to the 
     Department of Defense property transferred to such State or 
     local agency pursuant to section 2676a of title 10, United 
     States Code, as such return is required by section 1702(b) of 
     this Act, shall be an allowable use of preparedness grant 
     program funds by such agency.
       (e) Accountability Measures.--
       (1) Audit of use of preparedness grant funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Comptroller General of the United States shall conduct an 
     audit covering the period of fiscal year 2010 through the 
     current fiscal year on the use of preparedness grant program 
     funds. The audit shall assess how funds have been used to 
     procure equipment, how the equipment has been used, and 
     whether the grant awards have furthered the Agency's goal of 
     improving the preparedness of State and local communities.
       (2) Annual accounting of use of award funds.--Not later 
     than one year after the date of the enactment of this Act, 
     the Agency shall develop and implement a system of accounting 
     on an annual basis how preparedness grant program funds have 
     been used to procure equipment, how the equipment has been 
     used, whether grantees have complied with restrictions on the 
     use of equipment contained with the Authorized Equipment 
     List, and whether the awards have furthered the Agency's goal 
     of enhancing the capabilities of State agencies to prevent, 
     deter, respond to, and recover from terrorist attacks, major 
     disasters, and other emergencies.

[[Page S5125]]

  


     SEC. 1704. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 
                   GRANT FUNDS.

       (a) Limitation.--Section 501(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3751(d)) is amended by adding at the end the following:
       ``(3) The purchase, maintenance, alteration, or operation 
     of--
       ``(A) lethal weapons; or
       ``(B) less-lethal weapons.''.
       (b) Use of Grant Funds for Required Return of Property to 
     DoD.--Notwithstanding any other provision of law, the use of 
     funds by a State agency or unit of local government to return 
     to the Department of Defense property transferred to such 
     agency or unit of local government pursuant to section 2676a 
     of title 10, United States Code, as such return is required 
     by section 1702(b) of this Act, shall be an allowable use of 
     grant amounts under the Edward Byrne Memorial Justice 
     Assistance Grant Program.

     SEC. 1705. COMPTROLLER GENERAL REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report on Federal agencies, including offices of 
     Inspector General for Federal agencies, that have specialized 
     units that receive special tactical or military-style 
     training or use hard-plated body armor, shields, or helmets 
     and that respond to high-risk situations that fall outside 
     the capabilities of regular law enforcement officers, 
     including any special weapons and tactics (SWAT) team, 
     tactical response teams, special events teams, special 
     response teams, or active shooter teams.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of each specialized unit described under 
     such subsection.
       (2) A description of the training and weapons of each such 
     unit.
       (3) The criteria for activating each such unit and how 
     often each such unit was activated for each year of the 
     previous ten years.
       (4) An estimate of the annual cost of equipping and 
     operating each such unit.
       (5) Any other information that is relevant to understanding 
     the usefulness and justification for the units.
                                 ______
                                 
  SA 873. Mrs. ERNST (for herself, Mrs. Gillibrand, and Ms. Hirono) 
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. __. REPORT ON UTILIZATION OF SMALL BUSINESSES FOR 
                   FEDERAL CONTRACTS.

       (a) Findings.--Congress finds that--
       (1) since the passage of the Budget Control Act of 2011 
     (Public Law 112-25; 125 Stat. 240), many Federal agencies 
     have started favoring longer-term Federal contracts, 
     including multiple award contracts, over direct individual 
     awards;
       (2) these multiple award contracts have grown to more than 
     one-fifth of Federal contract spending, with the fastest 
     growing multiple award contracts surpassing $100,000,000 in 
     obligations for the first time between 2013 and 2014;
       (3) in fiscal year 2017, 17 of the 20 largest Federal 
     contract opportunities are multiple award contracts;
       (4) while Federal agencies may choose to use any or all of 
     the various socio-economic groups on a multiple award 
     contract, the Small Business Administration only examines 
     socio-economic performance through the small business 
     procurement scorecard and does not examine potential 
     opportunities by those groups; and
       (5) Congress and the Department of Justice have been clear 
     that no individual socio-economic group shall be given 
     preference over another.
       (b) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``covered small business concerns'' means--
       (A) HUBZone small business concerns;
       (B) small business concerns owned and controlled by 
     service-disabled veterans;
       (C) small business concerns owned and controlled by women; 
     and
       (D) socially and economically disadvantaged small business 
     concerns, as defined in section 8(a)(4)(A) of the Small 
     Business Act (15 U.S.C. 637(a)(4)(A)), receiving assistance 
     under such section 8(a); and
       (3) the terms ``HUBZone small business concern'', ``small 
     business concern'', ``small business concern owned and 
     controlled by service-disabled veterans'', and ``small 
     business concern owned and controlled by women'' have the 
     meanings given those terms in section 3 of the Small Business 
     Act (15 U.S.C. 632).
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report that includes--
       (A) a determination as to whether small business concerns 
     and each category of covered small business concerns 
     described in subparagraphs (A) through (D) of subsection 
     (b)(2) are being utilized in a significant portion of the 
     Federal market on multiple award contracts, including--
       (i) whether awards are being reserved for 1 or more of 
     those categories; and
       (ii) whether each such category is being given the 
     opportunity to perform on multiple award contracts;
       (B) a determination as to whether performance requirements 
     for multiple award contracts, as in effect on the day before 
     the date of enactment of this Act, are feasible and 
     appropriate for small business concerns; and
       (C) any additional information as the Administrator may 
     determine necessary.
       (2) Requirement.--In making the determinations required 
     under paragraph (1), the Administrator shall use information 
     from multiple award contracts--
       (A) with varied assigned North American Industry 
     Classification System codes; and
       (B) that were awarded by not less than 8 Federal agencies.
                                 ______
                                 
  SA 874. Mr. McCAIN 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. __. AUTHORIZED COST INCREASES.

       Section 2853 of title 10, United States Code, is amended--
       (1) in subsection (a), by inserting ``by not more than 10 
     percent'' after ``may be increased''; and
       (2) in subsection (c)--
       (A) by striking ``limitation on cost variations'' and 
     inserting ``limitation on cost decreases''; and
       (B) in paragraph (1)--
       (i) by striking ``case of a cost increase or a reduction'' 
     and inserting ``case of a reduction''; and
       (ii) in subparagraph (A)--

       (I) by striking ``cost increase or reduction in scope, the 
     reasons therefor,'' and inserting ``reduction in scope, the 
     reasons therefor, and''; and
       (II) by striking ``, and a description of the funds 
     proposed to be used to finance any increased costs''.

                                 ______
                                 
  SA 875. 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:

       Strike title XXVII and insert the following:

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

              Subtitle A--Authorization of Appropriations

     SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 
                   REALIGNMENT AND CLOSURE ACTIVITIES FUNDED 
                   THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE 
                   ACCOUNT.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2017, for base 
     realignment and closure activities, including real property 
     acquisition and military construction projects, as authorized 
     by 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 funded through the Department of Defense Base Closure 
     Account established by section 2906 of such Act (as amended 
     by section 2711 of the Military Construction Authorization 
     Act for Fiscal Year 2013 (division B of Public Law 112-239; 
     126 Stat. 2140)), as specified in the funding table in 
     section 4601.

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

[[Page S5126]]

     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 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

[[Page S5127]]

     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 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.

[[Page S5128]]

       (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 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-

[[Page S5129]]

     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 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

[[Page S5130]]

     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 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

[[Page S5131]]

     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 
     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.

[[Page S5132]]

       (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 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

[[Page S5133]]

     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 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)).

[[Page S5134]]

  


     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 876. Mr. McCAIN 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. ___. CLARIFICATION OF AUTHORITY TO SUPPORT BORDER 
                   SECURITY OPERATIONS OF CERTAIN FOREIGN 
                   COUNTRIES.

       Section 1226(b)(3) of the National Defense Authorization 
     Act for Fiscal Year 2016 (22 U.S.C. 2551 note) is amended by 
     striking ``for such fiscal year'' both places it appears.
                                 ______
                                 
  SA 877. 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 subtitle G of title X, add the following:

     SEC. ___. OFFICE OF PERSONNEL MANAGEMENT REPORTING 
                   REQUIREMENT ON USE OF OFFICIAL TIME BY FEDERAL 
                   EMPLOYEES.

       (a) In General.--Section 7131 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1)(A) Not later than March 31 of each calendar year, 
     the Office of Personnel Management, in consultation with the 
     Office of Management and Budget, shall submit to each House 
     of Congress a report on the operation of this section during 
     the fiscal year last ending before the start of such calendar 
     year.
       ``(B) Not later than December 31 of each calendar year, 
     each agency (as defined by section 7103(a)(3)) shall furnish 
     to the Office of Personnel Management the information which 
     such Office requires, with respect to such agency, for 
     purposes of the report which is next due under subparagraph 
     (A).
       ``(2) Each report by the Office of Personnel Management 
     under this subsection shall include, with respect to the 
     fiscal year described in paragraph (1)(A), at least the 
     following information:
       ``(A) The total amount of official time granted to 
     employees.
       ``(B) The average amount of official time expended per 
     bargaining unit employee.
       ``(C) The specific types of activities or purposes for 
     which official time was granted, and the impact which the 
     granting of such official time for such activities or 
     purposes had on agency operations.
       ``(D) The total number of employees to whom official time 
     was granted, and, of that total, the number who were not 
     engaged in any activities or purposes except activities or 
     purposes involving the use of official time.
       ``(E) The total amount of compensation (including fringe 
     benefits) afforded to employees in connection with activities 
     or purposes for which they were granted official time.
       ``(F) The total amount of official time spent by employees 
     representing Federal employees who are not union members in 
     matters authorized by this chapter.
       ``(G) A description of any room or space designated at the 
     agency (or its subcomponent) where official time activities 
     will be conducted, including the square footage of any such 
     room or space.
       ``(3) All information included in a report by the Office of 
     Personnel Management under this subsection with respect to a 
     fiscal year--
       ``(A) shall be shown both agency-by-agency and for all 
     agencies; and
       ``(B) shall be accompanied by the corresponding information 
     (submitted by the Office in its report under this subsection) 
     for the fiscal year before the fiscal year to which such 
     report pertains, together with appropriate comparisons and 
     analyses.
       ``(4) For purposes of this subsection, the term `official 
     time' means any period of time, regardless of agency 
     nomenclature--
       ``(A) which may be granted to an employee under this 
     chapter (including a collective bargaining agreement entered 
     into under this chapter) to perform representational or 
     consultative functions; and
       ``(B) during which the employee would otherwise be in a 
     duty status.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective beginning with the report which, under the 
     provisions of such amendment, is first required to be 
     submitted by the Office of Personnel Management to each House 
     of Congress by a date which occurs at least 6 months after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 878. 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 subtitle G of title X, add the following:

     SEC. 1088. FEDERAL TAXPAYER-FUNDED UNION TIME.

       (a) In General.--
       (1) Amendment.--Section 7131 of title 5, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Official time'' 
     and inserting ``Federal taxpayer-funded union time'';
       (B) in subsection (a), by striking ``official time'' each 
     place it appears and inserting ``Federal taxpayer-funded 
     union time'';
       (C) in subsection (c), by striking ``official time'' and 
     all that follows through ``duty status'' and inserting 
     ``Federal taxpayer-funded union time for such purpose during 
     the time the employee otherwise would be in a duty status as 
     intended upon appointment to a position in the civil 
     service''; and
       (D) in subsection (d), in the matter following paragraph 
     (2), by striking ``official time'' and inserting ``Federal 
     taxpayer-funded union time''.
       (2) Technical and conforming amendments.--
       (A) Section 1018(d) of the Foreign Service Act of 1980 (22 
     U.S.C. 4118(d)) is amended--
       (i) by striking ``official time'' each place it appears and 
     inserting ``Federal taxpayer-funded union time''; and
       (ii) in paragraph (3), by inserting ``as intended upon 
     appointment to a position in the civil service or foreign 
     service'' before the period at the end.
       (B) The table of sections for chapter 71 of title 5, United 
     States Code, is amended by striking the item relating to 
     section 7131 and inserting the following:

``7131. Federal taxpayer-funded union time.''.

       (b) Limitation on Use of Federal Taxpayer-funded Union Time 
     for Political Activity.--
       (1) In general.--Section 7131 of title 5, United States 
     Code, is amended--
       (A) in subsection (d) by inserting ``and subsection (e)'' 
     after ``preceding subsections''; and
       (B) by adding at the end the following:
       ``(e) An employee may not be granted Federal taxpayer-
     funded union time under this section for any time such 
     employee would otherwise be in a duty status for purposes of 
     engaging in any political activity, including lobbying 
     activity.''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply on and after the date of enactment of this Act, 
     regardless of whether an employee is covered by a collective 
     bargaining agreement in effect on such date.
       (c) Exclusion of Certain Durations of Federal Taxpayer-
     funded Union Time From Creditable Service.--
       (1) CSRS.--Section 8332 of title 5, United States Code, is 
     amended by adding at the end the following:

[[Page S5135]]

       ``(p)(1) An employee may not be allowed credit under this 
     section for service performed during any year during which 
     the service of the employee is spent principally on Federal 
     taxpayer-funded union time, as described under paragraph (2).
       ``(2) For purposes of this subsection, the service of an 
     employee during a year is spent principally on Federal 
     taxpayer-funded union time if at least 80 percent of the 
     hours such employee would otherwise be in a duty status 
     during such year are spent on Federal taxpayer-funded union 
     time granted under section 7131.
       ``(3) Notwithstanding paragraph (1), any service described 
     under paragraph (1) for which an employee is not allowed 
     credit under this subsection shall be treated as creditable 
     service for purposes of calculating the average pay of the 
     employee under section 8331(4).''.
       (2) FERS.--Section 8411 of title 5, United States Code, is 
     amended by--
       (A) striking ``(i)(1) Upon application'' and inserting 
     ``(j)(1) Upon application''; and
       (B) by adding at the end the following:
       ``(m)(1) An employee may not be allowed credit under this 
     section for service performed during any year during which 
     the service of the employee is spent principally on Federal 
     taxpayer-funded union time, as described under paragraph (2).
       ``(2) For purposes of this subsection, the service of an 
     employee during a year is spent principally on Federal 
     taxpayer-funded union time if at least 80 percent of the 
     hours such employee would otherwise be in a duty status 
     during such year are spent on Federal taxpayer-funded union 
     time granted under section 7131.
       ``(3) Notwithstanding paragraph (1), any service described 
     under paragraph (1) for which an employee is not allowed 
     credit under this subsection shall be considered service for 
     purposes of calculating the average pay of the employee under 
     section 8401(3).''.
       (3) Applicability.--The amendments made by this subsection 
     shall apply to any applicable annuity calculated on or after 
     January 1, 2019.
       (d) Limitation on Certain Bonuses.--
       (1) Recruitment and relocation bonuses.--
       (A) In general.--Section 5753 of title 5, United States 
     Code, is amended--
       (i) in subsection (g) by inserting ``or the bonus is 
     subject to retraction under subsection (h)'' before the 
     period at the end; and
       (ii) by adding at the end the following:
       ``(h) A bonus awarded under this section shall be retracted 
     and subject to repayment under subsection (g) in any case in 
     which an employee has spent at least 80 percent of the hours 
     such employee would otherwise be in a duty status on Federal 
     taxpayer-funded union time granted under section 7131 during 
     the period ending on the date that is 6 months after the 
     appointment or relocation of such employee, as applicable.''.
       (B) Applicability.--The amendment made by subparagraph (A) 
     shall apply with respect to any applicable bonus awarded on 
     or after January 1, 2018.
       (2) Retention bonuses.--Section 5754(d) of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(5)(A) A retention bonus may not be paid to an employee 
     who, for a period of 6 consecutive months of service 
     associated with the bonus, has spent at least 80 percent of 
     the hours such employee would otherwise be in a duty status 
     on Federal taxpayer-funded union time granted under section 
     7131.
       ``(B) Subparagraph (A) shall apply with respect to any 6 
     consecutive months of service beginning on or after January 
     1, 2018.''.
                                 ______
                                 
  SA 879. Mr. JOHNSON (for himself and Mr. Flake) 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. __. VENUE FOR PROSECUTION OF MARITIME DRUG TRAFFICKING.

       (a) In General.--Section 70504(b) of title 46, United 
     States Code, is amended to read as follows:
       ``(b) Venue.--A person violating section 70503 or 70508--
       ``(1) shall be tried in the district in which such offense 
     was committed; or
       ``(2) if the offense was begun or committed upon the high 
     seas, or elsewhere outside the jurisdiction of any particular 
     State or district, may be tried in any district.''.
       (b) Conforming Amendment.--Section 1009(d) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     959(d)) is amended--
       (1) in the subsection title, by striking ``; Venue''; and
       (2) by striking ``Any person who violates this section 
     shall be tried in the United States district court at the 
     point of entry where such person enters the United States, or 
     in the United States District Court for the District of 
     Columbia.''.
                                 ______
                                 
  SA 880. Mr. TILLIS (for himself and 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 C of title I, add the following:

     SEC. ___. LIMITATION ON AVAILABILITY OF FUNDS FOR THE 
                   ENHANCED MULTI MISSION PARACHUTE SYSTEM.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for the 
     Department of Defense for fiscal year 2018 for the Enhanced 
     Multi Mission Parachute System may be used to enter into or 
     prepare to enter into a contract for the procurement of the 
     Enhanced Multi Mission Parachute System unless the Secretary 
     of the Navy submits to the congressional defense committees 
     the certification described in subsection (b) and the report 
     described in subsection (c).
       (b) Certification.--The certification referred to in 
     subsection (a) is a certification by the Secretary of the 
     Navy that--
       (1) neither the Marine Corps' currently fielded multi 
     mission parachute system nor the Army's RA-1 parachute system 
     meet the Marine Corps requirements;
       (2) that the Marine Corps' PARIS, Special Application 
     Parachute does not meet the Marine Corps requirement;
       (3) the testing plan for the enhanced multi mission 
     parachute system meets all regulatory requirements; and
       (4) the Department of the Navy has determined that a high 
     glide canopy is as safe and effective as the currently 
     fielded free fall parachute systems.
       (c) Report.--The report referred to in subsection (a) is a 
     report that includes--
       (1) an explanation for using the Parachute Industry 
     Association specification for a military parachute given that 
     sports parachutes are employed from relatively slow flying 
     civilian aircraft at altitudes below 10,000 feet;
       (2) a cost estimate for any new equipment and training that 
     the Marine Corps will require in order to employ a high glide 
     parachute;
       (3) justification of why the Department of the Navy is not 
     conducting any testing until first article testing; and
       (4) an assessment of the risks associated with high glide 
     canopies with a focus on how the Department of the Navy will 
     mitigate the risk for malfunctions experienced in other high 
     glide canopy programs.
                                 ______
                                 
  SA 881. 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 B of title 16, add the following:

     SEC. 1612. REPORT ON ACQUISITION STRATEGY TO RECAPITALIZE THE 
                   EXISTING SYSTEM FOR UNDERSEA FIXED 
                   SURVEILLANCE.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of the Navy shall 
     submit to the congressional defense committees a report on 
     the acquisition strategy to recapitalize the existing system 
     for undersea fixed surveillance.
       (b) Elements.--The report required by subsection (a) shall 
     address the following matters:
       (1) A description of undersea fixed surveillance system 
     recapitalization requirements, including key performance 
     parameters and key system attributes as applicable.
       (2) Cost estimates for procuring a future system or systems
       (3) Projected dates for key milestones within the 
     acquisition strategy
       (4) A description of how the acquisition strategy will 
     improve performance in the areas of detection and 
     localization compared to the legacy system to enable 
     effective performance against current, emerging, and future 
     threats over the life of the systems.
       (5) A description of how the acquisition strategy will 
     encourage competition and reward innovation for addressing 
     system performance requirements.
                                 ______
                                 
  SA 882. Mr. YOUNG 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 XVI, add the following:

[[Page S5136]]

  


     SEC. 1612. COMPREHENSIVE REVIEW OF MARITIME INTELLIGENCE, 
                   SURVEILLANCE, RECONNAISSANCE, AND TARGETING.

       (a) Report Required.--Not later than May 1, 2018, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report on maritime intelligence, 
     surveillance, reconnaissance, and targeting.
       (b) Comprehensive Review.--The report required in 
     subsection (a) shall include a comprehensive review of the 
     following elements for the 2025 and 2035 timeframes:
       (1) A description of the projected steady-state demands for 
     maritime intelligence, surveillance, reconnaissance, and 
     targeting capabilities and capacity in each timeframe, 
     including protracted gray-zone or low-intensity 
     confrontations between the United States or its allies and 
     potential adversaries such as Russia and China.
       (2) A description of potential warfighting planning 
     scenarios in which maritime intelligence, surveillance, 
     reconnaissance, and targeting will be required in each 
     prescribed timeframe, including the most stressing such 
     scenario.
       (3) A description of the undersea, surface, and air threats 
     for each scenario described in paragraph (1) that will 
     require maritime intelligence, surveillance, reconnaissance, 
     and targeting to be conducted in order to achieve warfighting 
     objectives.
       (4) An assessment of the sufficiency of maritime 
     intelligence, surveillance, reconnaissance, and targeting 
     program capability and capacity to achieve the warfighting 
     objectives described in paragraph (3) in the most stressing 
     scenario described in paragraph (2), including the effects of 
     attrition.
       (5) Planned operational concepts, including a High Level 
     Operational Concept Graphic (OV-1) for each such concept, for 
     conducting maritime intelligence, surveillance, 
     reconnaissance, and targeting during steady state operations 
     and warfighting scenarios described in paragraphs (1) and 
     (2). Consideration of distributed combat operations in a 
     satellite denied environment shall be included.
       (6) Specific capability gaps or risk areas in the ability 
     or sufficiency of maritime intelligence, surveillance, 
     reconnaissance, and targeting.
       (7) Potential solutions to address the capability gaps and 
     risk areas identified in paragraph (6), including new 
     capabilities, increased capacity, or new operating concepts 
     that could be employed by the Navy.
       (8) A description of the funding amount by fiscal year, 
     initial operational capability, and full operational 
     capability for each maritime intelligence, surveillance, 
     reconnaissance, and targeting program identified in paragraph 
     (4), based on the President's fiscal year 2019 future years 
     defense program. Unfunded or partially funded programs shall 
     also be included.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex as necessary.
                                 ______
                                 
  SA 883. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill H.R. 2810, to authorize appropriations for fiscal 
year 2018 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT RESIDENT STATUS FOR LUIS BARRIOS.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Luis Barrios shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Luis Barrios enters the 
     United States before the filing deadline specified in 
     subsection (c), Luis Barrios shall be considered to have 
     entered and remained lawfully in the United States and shall 
     be eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for the issuance of 
     an immigrant visa or the application for adjustment of status 
     is filed with appropriate fees not later than 2 years after 
     the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Luis Barrios, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Luis Barrios 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Luis 
     Barrios under section 202(e) of such Act (8 U.S.C. 1152(e)).
       (e) PAYGO.--The budgetary effects of this Act, for the 
     purpose of complying with the Statutory Pay-As-You-Go Act of 
     2010, shall be determined by reference to the latest 
     statement titled ``Budgetary Effects of PAYGO Legislation'' 
     for this Act, submitted for printing in the Congressional 
     Record by the Chairman of the Senate Budget Committee, 
     provided that such statement has been submitted prior to the 
     vote on passage.
                                 ______
                                 
  SA 884. Mrs. SHAHEEN 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 D of title VI, add the following:

     SEC. ___. SENSE OF SENATE ON THE USE BY EXCHANGE STORES OF 
                   SMALL BUSINESSES AS SUPPLIERS.

       (a) Findings.--The Senate makes the following findings:
       (1) Exchange stores, as non-appropriated fund 
     instrumentalities of the Department of Defense, are not 
     required to give any preference to particular vendors or 
     suppliers.
       (2) Even so, exchange stores are uniquely positioned to 
     feature products from small businesses, especially veteran-
     owned small businesses.
       (b) Sense of Senate.--It is the sense of the Senate to urge 
     the Department to work with the military exchange services to 
     develop strategies for featuring products of small 
     businesses, particularly products of veteran-owned small 
     businesses, in military exchange stores.
                                 ______
                                 
  SA 885. 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. __. SAFING UNITED STATES INTERCONTINENTAL BALLISTIC 
                   MISSILE FLEET.

       The Secretary of Defense shall take United States ground-
     based intercontinental ballistic missiles off high alert to 
     eliminate the risk of an accidental or unauthorized launch, 
     and to prevent an intentional launch, in response to an event 
     mistakenly interpreted as an incoming attack, by turning a 
     key in a control switch to isolate the missiles from outside 
     launch signals (commonly referred to as ``safing'').
                                 ______
                                 
  SA 886. 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 end of subtitle D of title XVI, add the following:

     SEC. 1641. PROHIBITION ON USE OF FUNDS FOR RESEARCH OR 
                   TESTING OF LOW-YIELD NUCLEAR WEAPONS.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act may be obligated or 
     expended for research or testing of new nuclear weapons with 
     explosive capabilities below 10 kilotons or for research or 
     testing of existing nuclear weapons to be modified to explode 
     below 10 kilotons.
                                 ______
                                 
  SA 887. Ms. CANTWELL (for herself and 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 appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF FUNDS IN VIOLATION OF 
                   INTERNATIONAL OBLIGATIONS.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act may be obligated or 
     expended to conduct any activity in violation of the 
     obligations of the United States under an international 
     agreement.
                                 ______
                                 
  SA 888. Ms. CANTWELL (for herself and Mrs. Murray) submitted an

[[Page S5137]]

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. __. EXTENDING THE AUTHORIZATIONS OF THE EEOICPA 
                   OMBUDSMAN AND THE ADVISORY BOARD ON TOXIC 
                   SUBSTANCES AND WORKER HEALTH.

       (a) Extending the Authorization of the EEOICPA Ombudsman.--
     Section 3686(h) of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-15(h)) is 
     amended by striking ``October 28, 2019'' and inserting 
     ``October 28, 2024''.
       (b) Extending the Authorization of the Advisory Board on 
     Toxic Substances and Worker Health.--Section 3687(i) of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7385s-16(i)) is amended by striking 
     ``5 years'' and inserting ``10 years''.
                                 ______
                                 
  SA 889. 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. __. ESTIMATE OF COSTS OF MAINTAINING AND MODERNIZING 
                   NUCLEAR WEAPONS STOCKPILE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report containing an estimate of the 
     costs, over the 30-year period beginning on such date of 
     enactment, of maintaining and modernizing the nuclear weapons 
     stockpile.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex.
                                 ______
                                 
  SA 890. Mr. BROWN (for himself, Mr. Portman, and Mr. Crapo) 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. __. LIMITATION ON CANCELLATION OF DESIGNATION OF 
                   SECRETARY OF THE AIR FORCE AS DEPARTMENT OF 
                   DEFENSE EXECUTIVE AGENT FOR A CERTAIN DEFENSE 
                   PRODUCTION ACT PROGRAM.

       (a) Limitation 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 4400.1E, 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.) until the 
     date specified in subsection (c).
       (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) until the 
     date specified in subsection (c).
       (c) Date Specified.--The date specified in this subsection 
     is the earlier of--
       (1) the date that is two years after the date of the 
     enactment of this Act; or
       (2) the date of the enactment of a joint resolution or an 
     Act approving the implementation of the decision described in 
     subsection (a).
                                 ______
                                 
  SA 891. Mr. LEAHY 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 XII, add the following:

     SEC. ___. PLAN ON IMPROVEMENT OF ABILITY OF FOREIGN 
                   GOVERNMENTS PARTICIPATING IN UNITED STATES 
                   INSTITUTIONAL CAPACITY BUILDING PROGRAMS TO 
                   PROTECT CIVILIANS.

       (a) Report on Plan.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of State shall jointly submit to the 
     appropriate committees of Congress a report setting forth a 
     plan, to be implemented as part of each institutional 
     capacity building program required by section 333(c)(4) of 
     title 10, United States Code, to improve the ability of 
     foreign governments to protect civilians.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) Efforts to develop and integrate civilian harm 
     mitigation principles and techniques in all relevant partner 
     force standard operating procedures.
       (2) Efforts to build partner capacity to collect, track, 
     and analyze civilian casualty data and apply lessons learned 
     to future operations, and to provide amends to civilians 
     harmed by partner force operations.
       (3) Efforts to support enhanced investigatory and 
     accountability standards in partner forces to ensure 
     compliance with the laws of armed conflict and appropriate 
     human rights and civilian protection standards.
       (4) Support for increased partner transparency, which 
     should include the establishment of civil affairs 
     capabilities within partner militaries to improve 
     communication with the public.
       (5) An estimate of the resources required to implement the 
     efforts and support described in paragraphs (1) through (4).
       (6) A description of the appropriate roles of the 
     Department of Defense and the Department of State in such 
     efforts and support.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 892. 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. ___. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND 
                   SENSOR OPERATOR AIRCREWS OF MQ-9 UNMANNED 
                   AERIAL VEHICLES.

       (a) Contracts for Training.--Subject to subsection (c), 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 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.
       (c) Authority Contingent on Certification.--The Chief of 
     the National Guard Bureau may not use the authority in 
     subsection (a) unless and until the Secretary of the Air 
     Force certifies to the congressional defense committees in 
     writing that the use of the authority is necessary to provide 
     required flying or operating training for National Guard 
     pilots and sensor operator aircrew members in the MQ-9 
     unmanned aerial vehicle.
                                 ______
                                 
  SA 893. Mr. MANCHIN 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 497, beginning on line 1, strike `` `12.6 percent' 
     '' and insert `` `4.8 percent' ''.
                                 ______
                                 
  SA 894. Mr. MANCHIN submitted an amendment intended to be proposed by

[[Page S5138]]

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 X, add the following:

     SEC. __. ACHIEVEMENT BY DEPARTMENT OF DEFENSE AND MILITARY 
                   DEPARTMENTS OF UNQUALIFIED OPINIONS OF 
                   STATEMENT OF BUDGETARY RESOURCES.

       (a) Enhanced Reprogramming Authority Following Achievement 
     by Department of Defense and Military Departments of Audit 
     With Unqualified Opinion of Statement of Budgetary Resources 
     for Fiscal Years After Fiscal Year 2017.--
       (1) Department of defense generally.--Subject to subsection 
     (b)(1), if the Department of Defense obtains an audit with an 
     unqualified opinion on its statement of budgetary resources 
     for any fiscal year after fiscal year 2017, the limitation on 
     the total amount of authorizations that the Secretary of 
     Defense may transfer pursuant to general transfer authority 
     available to the Secretary in the national interest in the 
     succeeding fiscal year shall be $8,000,000,000.
       (2) Military departments, defense agencies, and defense 
     field activities.--Subject to section (c)(1), if a military 
     department, Defense Agency, or defense field activity obtains 
     an audit with an unqualified opinion on its statement of 
     budgetary resources for any fiscal year after fiscal year 
     2017, the thresholds for reprogramming of funds of such 
     military department, Defense Agency, or defense field 
     activity, as the case may be, without prior notice to 
     Congress for the succeeding fiscal year shall be deemed to be 
     the thresholds as follows:
       (A) In the case of an increase or decrease to the program 
     base amount for a procurement program, $60,000,000.
       (B) In the case of an increase or decrease to the program 
     base amount for a research program, $30,000,000.
       (C) In the case of an increase or decrease to the amount 
     for a budget activity for operation and maintenance, 
     $45,000,000.
       (D) In the case of an increase or decrease to the amount 
     for a budget activity for military personnel, $30,000,000.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to alter or revise any requirement (other than a 
     threshold amount) for notice to Congress on transfers covered 
     by paragraph (1) or reprogrammings covered by paragraph (2) 
     under any other provision of law.
       (4) Definitions.--In this subsection, the terms ``program 
     base amount'', ``procurement program'', ``research program'', 
     and ``budget activity'' have the meanings given such terms in 
     chapter 6 of volume 3 of the Financial Management Regulation 
     of the Department of Defense (DoD 7000.14R), dated March 
     2011, or any successor document.
       (b) Failure of Department of Defense to Obtain Audits With 
     Unqualified Opinion of Fiscal Year 2018 Financial 
     Statements.--If the Department of Defense fails to obtain an 
     audit with an unqualified opinion on its general fund 
     statement of budgetary resources for fiscal year 2018 by 
     March 31, 2019, effective as of April 1, 2019, the authority 
     in subsection (a)(1) shall cease to be available to the 
     Department of Defense for fiscal year 2018 and any fiscal 
     year thereafter.
       (c) Failure of the Military Departments to Obtain Audits 
     With Unqualified Opinion of Financial Statements for Fiscal 
     Years After Fiscal Year 2018.--
       (1) Permanent cessation of authorities reprogramming of 
     funds.--If a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     fiscal year 2018 by March 31, 2019, effective as of April 1, 
     2019, the authorities in subsection (a)(2) shall cease to be 
     available to the military department for fiscal year 2018 and 
     any fiscal year thereafter.
       (2) Annual prohibition on expenditure of funds for certain 
     mdaps past milestone b in connection with failure.--
       (A) Prohibition.--Effective for fiscal years after fiscal 
     year 2018, if a military department fails to obtain an audit 
     with an unqualified opinion on its financial statements for 
     any fiscal year, effective as of the date of the issuance of 
     the opinion on such audit, amounts available to the military 
     department for the following fiscal year may not be obligated 
     by the military department for a weapon or weapon system or 
     platform being acquired as a major defense acquisition 
     program for any activity beyond Milestone B approval unless 
     such program has already achieved Milestone B approval of the 
     date of the issuance of the opinion on such audit.
       (B) Definitions.--In this paragraph:
       (i) The term ``major defense acquisition program'' has the 
     meaning given that term in section 2430 of title 10, United 
     States Code.
       (ii) The term ``Milestone B approval'' has the meaning 
     given that term in section 2366(e)(7) of title 10, United 
     States Code.
                                 ______
                                 
  SA 895. Mr. HEINRICH 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 XVI, insert the 
     following:

     SEC. 1607. AVAILABILITY OF FUNDS FOR DEVELOPMENT OF ROBOTIC 
                   RAPID PROTOTYPING SATELLITE MANUFACTURING 
                   CAPABILITY.

       Of the amount authorized to be appropriated for fiscal year 
     2018 by section 201 for research, development, test, and 
     evaluation, Air Force, and made available as specified in the 
     funding table in section 4201 for the Operationally 
     Responsive Space program (PE# 1206857F), not less than 
     $1,000,000 shall be available to the Office of the 
     Operationally Responsive Space program for the purposes of 
     development of a robotic rapid prototyping satellite 
     manufacturing capability.
                                 ______
                                 
  SA 896. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. CONDITIONS FOR REFUELING SUPPORT OF THE SAUDI-LED 
                   COALITION IN YEMEN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act (in this section, the 
     ``certification submittal deadline''), the Secretary of 
     Defense shall, in consultation with the Secretary of State, 
     submit to the appropriate committees of Congress a 
     certification whether or not the Government of Saudi Arabia 
     is taking demonstrable actions to do the following as part of 
     its military operations in Yemen:
       (1) Reduce the risk of harm to civilians and civilian 
     objects in compliance with obligations under international 
     humanitarian law, including minimizing harm to civilians, 
     discriminating between civilian objects and military 
     objectives, and exercising proportional use of force.
       (2) Facilitate the flow of critical humanitarian aid and 
     commercial goods, including commercial fuel and commodities 
     not subject to sanction or prohibition under United Nations 
     Security Council Resolution 2216 (2015).
       (3) Target designated foreign terrorist organizations, 
     including al Qaeda in the Arabian Peninsula and affiliates of 
     the Islamic State of Iraq and the Levant.
       (b) Additional Matters.--The Secretary of Defense shall 
     include with the certification under subsection (a) the 
     following:
       (1) A description of efforts by the Government of Saudi 
     Arabia to avoid harm to civilians and civilian objects in 
     Yemen, including any changes to the training of its pilots, 
     its targeting methodology, and its strike approval process.
       (2) An explanation of United States support or other 
     assistance to the Government of Saudi Arabia designed to 
     improve the training of its pilots, its targeting 
     methodology, and its strike approval process.
       (3) A description of efforts by the Government of Saudi 
     Arabia to investigate incidents where civilians and civilian 
     objects have been harmed as a result of airstrikes and, when 
     necessary, efforts to hold responsible personnel accountable.
       (4) Any other matters in connection with the certification 
     that the Secretary considers appropriate.
       (c) Limitation on Use of Funds.--
       (1) In general.--If the Secretary of Defense does not 
     submit the certification described in subsection (a) by the 
     certification submittal deadline, or the Secretary certifies 
     that the Government of Saudi Arabia is not taking 
     demonstrable actions as described in that subsection, none of 
     the funds authorized to be appropriated by this Act may be 
     obligated or expended after the certification submittal 
     deadline for the refueling of aircraft of Saudi Arabia or its 
     military coalition partners in Yemen for any mission to be 
     conducted in Yemen until the certification described in 
     subsection (a) is submitted to the appropriate committees of 
     Congress or the Secretary further certifies to the 
     appropriate committees of Congress that the Government of 
     Saudi Arabia is taking demonstrable actions as described in 
     that subsection, as applicable.
       (2) Exception.--The limitation in paragraph (1) shall not 
     apply with respect to refueling aircraft of Saudi Arabia or 
     its military coalition partners in Yemen that are conducting 
     counterterrorism operations in support of United States 
     national security objectives.
       (3) Waiver.--The Secretary of Defense may waive the 
     limitation in paragraph (1) if the Secretary determines that 
     the waiver is in the national security interests of the 
     United States. The Secretary shall submit to the appropriate 
     committees of Congress a written notification of the waiver, 
     including the justification for the waiver, not later than 48 
     hours after the issuance of the waiver.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--

[[Page S5139]]

       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 897. 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 end of subtitle G of title X, add the following:

     SEC. ___. SENSE OF CONGRESS ON THE BUDGET CONTROL ACT OF 
                   2011.

       It is the sense of Congress--
       (1) that there are ongoing concerns about the negative 
     impact of the Budget Control Act of 2011 (Public Law 112-25) 
     on the Department of Defense and other agencies that 
     contribute to the national security of the United States; and
       (2) to support the unconditional repeal of that Act.
                                 ______
                                 
  SA 898. Mr. CARPER (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MILITARY AND VETERANS EDUCATION PROTECTION.

       (a) Program Participation Agreements for Proprietary 
     Institutions of Higher Education.--Section 487 of the Higher 
     Education Act of 1965 (20 U.S.C. 1094) is amended--
       (1) in subsection (a)(24)--
       (A) by inserting ``that receives funds provided under this 
     title'' before ``, such institution''; and
       (B) by striking ``other than funds provided under this 
     title, as calculated in accordance with subsection (d)(1)'' 
     and inserting ``other than Federal educational assistance, as 
     defined in subsection (d)(5) and calculated in accordance 
     with subsection (d)(1)''; and
       (2) in subsection (d)--
       (A) in the subsection heading, by striking ``Non-Title IV'' 
     and inserting ``Non-Federal Educational'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``that receives funds provided under this title'' before 
     ``shall'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``assistance under this 
     title'' and inserting ``Federal educational assistance''; and
       (II) in clause (ii)(I), by inserting ``, or on a military 
     base if the administering Secretary for a program of Federal 
     educational assistance under clause (ii), (iii), or (iv) of 
     paragraph (5)(B) has authorized such location'' before the 
     semicolon;

       (iii) in subparagraph (C), by striking ``program under this 
     title'' and inserting ``program of Federal educational 
     assistance'';
       (iv) in subparagraph (E), by striking ``funds received 
     under this title'' and inserting ``Federal educational 
     assistance''; and
       (v) in subparagraph (F)--

       (I) in clause (iii), by striking ``under this title'' and 
     inserting ``of Federal educational assistance''; and
       (II) in clause (iv), by striking ``under this title'' and 
     inserting ``of Federal educational assistance'';

       (C) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Ineligibility.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a proprietary institution of higher education receiving 
     funds provided under this title that fails to meet a 
     requirement of subsection (a)(24) for two consecutive 
     institutional fiscal years shall be ineligible to participate 
     in or receive funds under any program of Federal educational 
     assistance for a period of not less than two institutional 
     fiscal years.
       ``(ii) Regaining eligibility.--To regain eligibility to 
     participate in or receive funds under any program of Federal 
     educational assistance after being ineligible pursuant to 
     clause (i), a proprietary institution of higher education 
     shall demonstrate compliance with all eligibility and 
     certification requirements for the program for a minimum of 
     two consecutive institutional fiscal years after the 
     institutional fiscal year in which the institution became 
     ineligible. In order to regain eligibility to participate in 
     any program of Federal educational assistance under this 
     title, such compliance shall include meeting the requirements 
     of section 498 for such 2-year period.
       ``(iii) Notification of ineligibility.--The Secretary of 
     Education shall determine when a proprietary institution of 
     higher education that receives funds under this title is 
     ineligible under clause (i) and shall notify all other 
     administering Secretaries of the determination.
       ``(iv) Enforcement.--Each administering Secretary for a 
     program of Federal educational assistance shall enforce the 
     requirements of this subparagraph for the program concerned 
     upon receiving notification under clause (iii) of a 
     proprietary institution of higher education's 
     ineligibility.''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``In addition'' and all that follows 
     through ``education fails'' and inserting ``Notwithstanding 
     any other provision of law, in addition to such other means 
     of enforcing the requirements of a program of Federal 
     educational assistance as may be available to the 
     administering Secretary, if a proprietary institution of 
     higher education that receives funds provided under this 
     title fails''; and
       (bb) by striking ``the programs authorized by this title'' 
     and inserting ``all programs of Federal educational 
     assistance''; and

       (II) in clause (i), by inserting ``with respect to a 
     program of Federal educational assistance under this title,'' 
     before ``on the expiration date'';

       (D) in paragraph (4)(A), by striking ``sources under this 
     title'' and inserting ``Federal educational assistance''; and
       (E) by adding at the end the following:
       ``(5) Definitions.--In this subsection:
       ``(A) Administering secretary.--The term `administering 
     Secretary' means the Secretary of Education, the Secretary of 
     Defense, the Secretary of Veterans Affairs, the Secretary of 
     Homeland Security, or the Secretary of a military department 
     responsible for administering the Federal educational 
     assistance concerned.
       ``(B) Federal educational assistance.--The term `Federal 
     educational assistance' means funds provided under any of the 
     following provisions of law:
       ``(i) This title.
       ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, 
     United States Code.
       ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of 
     title 10, United States Code.
       ``(iv) Section 1784a of title 10, United States Code.''.
       (b) Department of Defense and Department of Veterans 
     Affairs Actions on Ineligibility of Certain Proprietary 
     Institutions of Higher Education for Participation in 
     Programs of Educational Assistance.--
       (1) Department of defense.--
       (A) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2008 the 
     following new section:

     ``Sec. 2008a. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Defense programs of educational assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Defense shall ensure 
     that no educational assistance under the provisions of law 
     specified in subsection (b) is available or used for 
     education at the institution for the period of institutional 
     fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department of Defense as follows:
       ``(1) This chapter.
       ``(2) Chapters 105, 106A, 106A, 1606, 1607, and 1608 of 
     this title.
       ``(3) Section 1784a of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Defense shall take appropriate actions to notify persons 
     receiving or eligible for educational assistance under the 
     provisions of law specified in subsection (b) of the 
     application of the limitations in section 487(d)(2) of the 
     Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department of Defense that 
     provides information to persons described in paragraph (1), 
     of the following:
       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2008 the 
     following new item:

``2008a. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Defense 
              programs of educational assistance.''.
       (2) Department of veterans affairs.--

[[Page S5140]]

       (A) In general.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by inserting after section 
     3681 the following new section:

     ``Sec. 3681A. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Veterans Affairs programs of educational 
       assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Veterans Affairs 
     shall ensure that no educational assistance under the 
     provisions of law specified in subsection (b) is available or 
     used for education at the institution for the period of 
     institutional fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department under chapters 30, 31, 32, 
     33, 34, and 35 of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Veterans Affairs shall take appropriate actions to notify 
     persons receiving or eligible for educational assistance 
     under the provisions of law specified in subsection (b) of 
     the application of the limitations in section 487(d)(2) of 
     the Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department that provides 
     information to persons described in paragraph (1), of the 
     following:
       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3681 the following new 
     item:

``3681A. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Veterans 
              Affairs programs of educational assistance.''.
                                 ______
                                 
  SA 899. Mr. SANDERS 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. AUTHORIZATION OF THE BEYOND THE YELLOW RIBBON 
                   PROGRAM.

       (a) In General.--The Secretary of Defense may carry out the 
     Beyond the Yellow Ribbon program.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the Beyond the Yellow Ribbon 
     program $20,000,000 for fiscal year 2018 and each fiscal year 
     thereafter.
                                 ______
                                 
  SA 900. Mr. CARDIN (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. __. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND 
                   COUNTERMEASURES CENTER (NBACC) AND LIMITATION 
                   ON USE OF FUNDS.

       (a) Report.--Not later than December 31, 2017, the 
     Secretary of Homeland Security and the Secretary of Defense 
     shall jointly submit to the appropriate Congressional 
     committees a report, prepared in consultation with the 
     officials listed in subsection (b), on the National 
     Biodefense Analysis and Countermeasures Center (referred to 
     in this section as the ``NBACC'') containing the following 
     information:
       (1) The functions of the NBACC.
       (2) The end users of the NBACC, including end users whose 
     assets may be managed by other agencies.
       (3) The cost and mission impact for each user identified 
     under paragraph (2) of any potential closure of the NBACC, 
     including an analysis of the functions of the NBACC that 
     cannot be replicated by other departments and agencies of the 
     Federal Government.
       (4) In the case of closure of the NBACC, a transition plan 
     for any essential functions currently performed by the NBACC 
     to ensure mission continuity, including the storage of 
     samples needed for ongoing criminal cases.
       (b) Consultation.--The officials listed in this subsection 
     are the following:
       (1) The Director of the Federal Bureau of Investigation.
       (2) The Attorney General.
       (3) The Director of National Intelligence.
       (4) As determined by the Secretary of Homeland Security, 
     the leaders of other offices that utilize the NBACC.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
       (d) Appropriate Congressional Committees Defined.--For 
     purposes of this section, the term ``appropriate 
     Congressional Committees'' means--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on Armed Services of the Senate;
       (4) the Committee on Armed Services of the House of 
     Representatives;
       (5) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (6) the Committee on Homeland Security of the House of 
     Representatives;
       (7) the Committee on Judiciary of the Senate;
       (8) the Committee on the Judiciary of the House of 
     Representatives;
       (9) the Committee on Oversight and Government Reform of the 
     House of Representatives;
       (10) the Select Committee on Intelligence of the Senate; 
     and
       (11) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (e) Transition Period.--The report submitted under 
     subsection (a) shall include a transition adjustment period 
     of not less than 1 year after the date of enactment of this 
     Act, or 180 days after the date on which the report required 
     in under this section is submitted to Congress, whichever is 
     later, during which none of the funds authorized to be 
     appropriated under this Act or any other Act may be used to 
     support the closure, transfer, or other diminishment of the 
     NBACC or its functions.
                                 ______
                                 
  SA 901. 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. ___. PLAN FOR MODERNIZATION OF THE RADAR FOR F-16 
                   FIGHTER AIRCRAFT OF THE NATIONAL GUARD.

       (a) Modernization Plan Required.--The Secretary of the Air 
     Force shall develop a plan 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 the plan developed pursuant 
     to subsection (a).
                                 ______
                                 
  SA 902. 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:

       In section 123(a), strike ``procurement of V-22 aircraft'' 
     and all that follows through ``five years'' and insert the 
     following: ``procurement of V-22 aircraft and common 
     configuration-readiness and modernization upgrades for the V-
     22 aircraft. Notwithstanding subsection (k) of such section 
     2306b, the Secretary of Defense may enter into a multiyear 
     contract under this section for up to seven years''.
                                 ______
                                 
  SA 903. Mr. LEAHY 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 VII, add the following:

     SEC. 737. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON 
                   MENTAL HEALTH READINESS OF PART-TIME MEMBERS OF 
                   THE RESERVE COMPONENTS OF THE ARMED FORCES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act,

[[Page S5141]]

     the Secretary of Defense shall conduct a feasibility study 
     and cost estimate for a pilot program that uses predictive 
     analytics and screening to identify mental health risk and 
     provide early, targeted intervention for part-time members of 
     the reserve components of the Armed Forces to improve 
     readiness and mission success.
       (b) Elements.--The feasibility study conducted under 
     subsection (a) shall include elements to assess the following 
     with respect to the pilot program studied under such 
     subsection:
       (1) The anticipated improvement in quality of behavioral 
     health services for part-time members of the reserve 
     components of the Armed Forces and the impact of such 
     improvement in quality of behavioral health services on their 
     families and employers.
       (2) The anticipated impact on the culture surrounding 
     behavioral health treatment and help-seeking behavior.
       (3) The feasibility of embedding mental health 
     professionals with units that--
       (A) perform core mission sets and capabilities; and
       (B) carry out high-risk and high-demand missions.
       (4) The particular preventative mental health needs of 
     units at different states of their operational readiness 
     cycle.
       (5) The need for additional personnel of the Department of 
     Defense to implement the pilot program.
       (6) The cost of implementing the pilot program throughout 
     the reserve components of the Armed Forces.
       (7) The benefits of an integrated operational support team 
     for the Air National Guard and Army National Guard units.
       (c) Comparison to Full-time Members of Reserve 
     Components.--As part of the feasibility study conducted under 
     subsection (a), the Secretary shall assess the mental health 
     risk of part-time members of the reserve components of the 
     Armed Forces as compared to full-time members of the reserve 
     components of the Armed Forces.
       (d) Use of Existing Models.--In conducting the feasibility 
     study under subsection (a), the Secretary shall make use of 
     existing models for preventative mental health care, to the 
     extent practicable, such as the approach developed by the 
     United States Air Force School of Aerospace Medicine.
                                 ______
                                 
  SA 904. Ms. BALDWIN (for herself and Mr. Moran) 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 G of title X, add the following:

     SEC. 1088. PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM 
                   PROVIDING NON-DEPARTMENT HEALTH CARE SERVICES 
                   TO VETERANS.

       (a) In General.--On and after the date that is one year 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall deny or revoke the eligibility of a 
     health care provider to provide non-Department health care 
     services to veterans if the Secretary determines that the 
     health care provider--
       (1) was removed from employment with the Department of 
     Veterans Affairs due to conduct that violated a policy of the 
     Department relating to the delivery of safe and appropriate 
     health care;
       (2) violated the requirements of a medical license of the 
     health care provider;
       (3) had a Department credential revoked and the grounds for 
     such revocation impacts the ability of the health care 
     provider to deliver safe and appropriate health care; or
       (4) violated a law for which a term of imprisonment of more 
     than one year may be imposed.
       (b) Permissive Action.--On and after the date that is one 
     year after the date of the enactment of this Act, the 
     Secretary may deny, revoke, or suspend the eligibility of a 
     health care provider to provide non-Department health care 
     services if the Secretary has reasonable belief that such 
     action is necessary to immediately protect the health, 
     safety, or welfare of veterans and--
       (1) the health care provider is under investigation by the 
     medical licensing board of a State in which the health care 
     provider is licensed or practices;
       (2) the health care provider has entered into a settlement 
     agreement for a disciplinary charge relating to the practice 
     of medicine by the health care provider; or
       (3) the Secretary otherwise determines that such action is 
     appropriate under the circumstances.
       (c) Suspension.--The Secretary shall suspend the 
     eligibility of a health care provider to provide non-
     Department health care services to veterans if the health 
     care provider is suspended from serving as a health care 
     provider of the Department.
       (d) Initial Review of Department Employment.--Not later 
     than one year after the date of the enactment of this Act, 
     with respect to each health care provider providing non-
     Department health care services, the Secretary shall review 
     the status of each such health care provider as an employee 
     of the Department and the history of employment of each such 
     health care provider with the Department to determine whether 
     the health care provider is described in any of subsections 
     (a) through (c).
       (e) Comptroller General Report.--Not later than two years 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report on the implementation by the Secretary of this 
     section, including the following:
       (1) The aggregate number of health care providers denied or 
     suspended under this section from participation in providing 
     non-Department health care services.
       (2) An evaluation of any impact on access to health care 
     for patients or staffing shortages in programs of the 
     Department providing non-Department health care services.
       (3) An explanation of the coordination of the Department 
     with the medical licensing boards of States in implementing 
     this section, the amount of involvement of such boards in 
     such implementation, and efforts by the Department to address 
     any concerns raised by such boards with respect to such 
     implementation.
       (4) Such recommendations as the Comptroller General 
     considers appropriate regarding harmonizing eligibility 
     criteria between health care providers of the Department and 
     health care providers eligible to provide non-Department 
     health care services.
       (f) Non-Department Health Care Services Defined.--In this 
     section, the term ``non-Department health care services'' 
     means services--
       (1) provided under subchapter I of chapter 17 of title 38, 
     United States Code, at non-Department facilities (as defined 
     in section 1701 of such title);
       (2) provided under section 101 of the Veterans Access, 
     Choice, and Accountability Act of 2014 (Public Law 113-146; 
     38 U.S.C. 1701 note);
       (3) purchased through the Medical Community Care account of 
     the Department; or
       (4) purchased with amounts deposited in the Veterans Choice 
     Fund under section 802 of the Veterans Access, Choice, and 
     Accountability Act of 2014.
                                 ______
                                 
  SA 905. 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:

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

     SEC. ___. SENSE OF CONGRESS ON USE OF TEST SITES FOR RESEARCH 
                   AND DEVELOPMENT ON COUNTERING UNMANNED AIRCRAFT 
                   SYSTEMS.

       It is the sense of Congress that--
       (1) the armed unmanned aircraft 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 aircraft systems test sites designated by 
     the Federal Aviation Administration offer unique 
     capabilities, expertise, and airspace for research and 
     development related to unmanned aircraft systems; and
       (3) the Armed Forces should, as appropriate and 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 aircraft systems.
                                 ______
                                 
  SA 906. Mr. INHOFE (for himself, Mr. Cornyn, Mr. Rounds, Mr. Isakson, 
Mr. Cassidy, Mr. Strange, Mr. Roberts, Mr. Wicker, and Mr. Alexander) 
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 830.
                                 ______
                                 
  SA 907. 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, insert the following:

     TITLE __--PROTECT OUR MILITARY FAMILIES' 2ND AMENDMENT RIGHTS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Protect Our Military 
     Families' 2nd Amendment Rights Act''.

[[Page S5142]]

  


     SEC. _02. RECEIPT OF FIREARM OR AMMUNITION BY SPOUSE OF 
                   MEMBER OF THE ARMED FORCES AT A DUTY STATION OF 
                   THE MEMBER OUTSIDE THE UNITED STATES.

       Section 925(a)(3) of title 18, United States Code, is 
     amended--
       (1) by inserting ``, or to the spouse of such a member,'' 
     before ``or to'';
       (2) by striking ``members,'' and inserting ``members and 
     spouses,'';
       (3) by striking ``members or'' and inserting ``members, 
     spouses, or''; and
       (4) by striking ``member or'' and inserting ``member, 
     spouse, or''.

     SEC. _03. RESIDENCY OF SPOUSES OF MEMBERS OF THE ARMED FORCES 
                   TO BE DETERMINED ON THE SAME BASIS AS THE 
                   RESIDENCY OF SUCH MEMBERS FOR PURPOSES OF 
                   FEDERAL FIREARMS LAWS.

       Section 921(b) of title 18, United States Code, is amended 
     to read as follows:
       ``(b) For purposes of this chapter, a member of the Armed 
     Forces on active duty, or a spouse of such a member, is a 
     resident of--
       ``(1) the State in which the member or spouse maintains 
     legal residence;
       ``(2) the State in which the permanent duty station of the 
     member is located; and
       ``(3) the State in which the member maintains a place of 
     abode from which the member commutes each day to the 
     permanent duty station of the member.''.

     SEC. _04. EFFECTIVE DATE.

       The amendments made by this title shall apply to conduct 
     engaged in after the 6-month period that begins on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 908. Ms. MURKOWSKI 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 D of title III, add the following:

     SEC. 3___. MODIFICATION OF THE SECOND DIVISION MEMORIAL.

       (a) Authorization.--The Second Indianhead Division 
     Association, Inc., Scholarship and Memorials Foundation, an 
     organization described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of that Code, may place additional commemorative 
     elements or engravings on the raised platform or stone work 
     of the existing Second Division Memorial located in 
     President's Park, between 17th Street Northwest and 
     Constitution Avenue in the District of Columbia, to further 
     honor the members of the Second Infantry Division who have 
     given their lives in service to the United States.
       (b) Application of Commemorative Works Act.--Chapter 89 of 
     title 40, United States Code (commonly known as the 
     ``Commemorative Works Act''), shall apply to the design and 
     placement of the commemorative elements or engravings 
     authorized under subsection (a).
       (c) Funding.--Federal funds may not be used for 
     modifications of the Second Division Memorial authorized 
     under subsection (a).
                                 ______
                                 
  SA 909. Mr. DURBIN (for himself, Mr. Murphy, Ms. Warren, Mr. Carper, 
and Mr. Brown) submitted an amendment intended to be proposed by him to 
the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION.

       (a) Definition.--Section 102(b) of the Higher Education Act 
     of 1965 (20 U.S.C. 1002(b)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) meets the requirements of paragraph (2).'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Revenue sources.--
       ``(A) In general.--In order to qualify as a proprietary 
     institution of higher education under this subsection, an 
     institution shall derive not less than 15 percent of the 
     institution's revenues from sources other than Federal funds, 
     as calculated in accordance with subparagraphs (B) and (C).
       ``(B) Federal funds.--In this paragraph, the term `Federal 
     funds' means any Federal financial assistance provided, under 
     this Act or any other Federal law, through a grant, contract, 
     subsidy, loan, guarantee, insurance, or other means to a 
     proprietary institution, including Federal financial 
     assistance that is disbursed or delivered to an institution 
     or on behalf of a student or to a student to be used to 
     attend the institution, except that such term shall not 
     include any monthly housing stipend provided under the Post-
     9/11 Veterans Educational Assistance Program under chapter 33 
     of title 38, United States Code.
       ``(C) Implementation of non-federal revenue requirement.--
     In making calculations under subparagraph (A), an institution 
     of higher education shall--
       ``(i) use the cash basis of accounting;
       ``(ii) consider as revenue only those funds generated by 
     the institution from--

       ``(I) tuition, fees, and other institutional charges for 
     students enrolled in programs eligible for assistance under 
     title IV;
       ``(II) activities conducted by the institution that are 
     necessary for the education and training of the institution's 
     students, if such activities are--

       ``(aa) conducted on campus or at a facility under the 
     control of the institution;
       ``(bb) performed under the supervision of a member of the 
     institution's faculty; and
       ``(cc) required to be performed by all students in a 
     specific educational program at the institution; and

       ``(III) a contractual arrangement with a Federal agency for 
     the purpose of providing job training to low-income 
     individuals who are in need of such training;

       ``(iii) presume that any Federal funds that are disbursed 
     or delivered to an institution on behalf of a student or 
     directly to a student will be used to pay the student's 
     tuition, fees, or other institutional charges, regardless of 
     whether the institution credits such funds to the student's 
     account or pays such funds directly to the student, except to 
     the extent that the student's tuition, fees, or other 
     institutional charges are satisfied by--

       ``(I) grant funds provided by an outside source that--

       ``(aa) has no affiliation with the institution; and
       ``(bb) shares no employees with the institution; and

       ``(II) institutional scholarships described in clause (v);

       ``(iv) include no loans made by an institution of higher 
     education as revenue to the school, except for payments made 
     by students on such loans;
       ``(v) include a scholarship provided by the institution--

       ``(I) only if the scholarship is in the form of monetary 
     aid based upon the academic achievements or financial need of 
     students, disbursed to qualified student recipients during 
     each fiscal year from an established restricted account; and
       ``(II) only to the extent that funds in that account 
     represent designated funds, or income earned on such funds, 
     from an outside source that--

       ``(aa) has no affiliation with the institution; and
       ``(bb) shares no employees with the institution; and
       ``(vi) exclude from revenues--

       ``(I) the amount of funds the institution received under 
     part C of title IV, unless the institution used those funds 
     to pay a student's institutional charges;
       ``(II) the amount of funds the institution received under 
     subpart 4 of part A of title IV;
       ``(III) the amount of funds provided by the institution as 
     matching funds for any Federal program;
       ``(IV) the amount of Federal funds provided to the 
     institution to pay institutional charges for a student that 
     were refunded or returned; and
       ``(V) the amount charged for books, supplies, and 
     equipment, unless the institution includes that amount as 
     tuition, fees, or other institutional charges.

       ``(D) Report to congress.--Not later than July 1, 2018, and 
     by July 1 of each succeeding year, the Secretary shall submit 
     to the authorizing committees a report that contains, for 
     each proprietary institution of higher education that 
     receives assistance under title IV and as provided in the 
     audited financial statements submitted to the Secretary by 
     each institution pursuant to the requirements of section 
     487(c)--
       ``(i) the amount and percentage of such institution's 
     revenues received from Federal funds; and
       ``(ii) the amount and percentage of such institution's 
     revenues received from other sources.''.
       (b) Program Participation Agreements.--Section 487 of the 
     Higher Education Act of 1965 (20 U.S.C. 1094) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (24);
       (B) by redesignating paragraphs (25) through (29) as 
     paragraphs (24) through (28), respectively;
       (C) in paragraph (24)(A)(ii) (as redesignated by 
     subparagraph (B)), by striking ``subsection (e)'' and 
     inserting ``subsection (d)''; and
       (D) in paragraph (26) (as redesignated by subparagraph 
     (B)), by striking ``subsection (h)'' and inserting 
     ``subsection (g)'';
       (2) by striking subsection (d);
       (3) by redesignating subsections (e) through (j) as 
     subsections (d) through (i), respectively;
       (4) in subsection (f)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (e)(2)'' and inserting 
     ``subsection (d)(2)''; and
       (5) in subsection (g)(1) (as redesignated by paragraph 
     (3)), by striking ``subsection (a)(27)'' in the matter 
     preceding subparagraph (A) and inserting ``subsection 
     (a)(26)''.

[[Page S5143]]

       (c) Conforming Amendments.--The Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.) is amended--
       (1) in section 152 (20 U.S.C. 1019a)--
       (A) in subsection (a)(1)(A), by striking ``subsections 
     (a)(27) and (h) of section 487'' and inserting ``subsections 
     (a)(26) and (g) of section 487''; and
       (B) in subsection (b)(1)(B)(i)(I), by striking ``section 
     487(e)'' and inserting ``section 487(d)'';
       (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by 
     striking ``section 487(a)(25)'' each place the term appears 
     and inserting ``section 487(a)(24)'';
       (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''; 
     and
       (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by 
     striking ``section 487(f)'' and inserting ``section 487(e)''.
                                 ______
                                 
  SA 910. 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 A of title XII, add the following:

     SEC. __. USE OF PRIVATE CONTRACTORS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) combat operations, actions, and combat-enabling support 
     to operations such as close air support, are inherently 
     government functions that cannot be appropriately carried out 
     by private contractors; and
       (2) the United States Government should respect the 
     sovereignty of democratically elected governments over their 
     territory.
       (b) Limitations on Use of Private Contractors.--
       (1) Prohibition on use in combat operations.--No department 
     or agency of the United States Government may employ a 
     private contractor to conduct combat operations, or embed a 
     private contractor with foreign military units to engage 
     directly in combat operations.
       (2) Compliance with international law in other 
     activities.--Any department or agency of the United States 
     Government that employs a private contractor to conduct 
     activities not otherwise prohibited by paragraph (1) shall 
     ensure that such contractor--
       (A) acts in the conduct of such activities in accordance 
     with principles, standards, and codes of conduct based on 
     international law; and
       (B) participates in oversight and accountability mechanisms 
     to ensure that its actions in the conduct of such activities 
     accord with such principles, standards, and codes of conduct.
       (3) Waiver.--The Secretary of Defense may waive the 
     prohibition in paragraph (1) or a requirement in paragraph 
     (2) with respect to a private contractor if the Secretary 
     determines that the waiver is necessary for reasons of 
     national security of the United States. The Secretary shall 
     notify the appropriate committees of Congress in writing of 
     any such waiver, and the reasons for such waiver, not later 
     than 48 hours after making the determination on which such 
     waiver is based.
       (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 911. Mr. CARDIN (for himself, Mr. Bennet, Mr. Merkley, Mr. 
Blumenthal, Ms. Warren, Mr. Van Hollen, Mrs. Gillibrand, Ms. Baldwin, 
Mr. Heinrich, Mr. Durbin, Mr. Casey, and Mr. Leahy) 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--Commission to End Russian Interference in United States 
                               Elections

     SEC. 1090. ESTABLISHMENT OF COMMISSION.

       There is established an independent commission, which shall 
     be known as the ``Commission to End Russian Interference in 
     United States Elections'' (referred to in this subtitle as 
     the ``Commission'').

     SEC. 1091. FUNCTIONS.

       The Commission shall--
       (1) comprehensively examine the facts regarding the extent 
     of Russian official and unofficial cyber operations and other 
     attempts to interfere in the 2016 United States national 
     election;
       (2) examine attempts by the Russian Government, persons or 
     entities associated with the Russian Government, or other 
     persons or entities within Russia to use cyber-enabled means 
     to access, alter, or otherwise tamper with--
       (A) United States electronic voting systems;
       (B) United States voter roll information;
       (C) the Democratic National Committee;
       (D) the Democratic Congressional Campaign Committee;
       (E) the Democratic Governors Association;
       (F) the Republican National Committee;
       (G) the Republican Congressional Campaign Committee;
       (H) the Republican Governors Association;
       (I) Donald J. Trump for President, Inc.; and
       (J) Hillary for America (the Hillary Clinton Presidential 
     campaign);
       (3) examine efforts by the Russian Government, persons or 
     entities associated with the Russian Government, or persons 
     or entities within Russia to generate, put forward, 
     disseminate, or promote propaganda relevant to any election 
     for public office held in the United States during 2016;
       (4) examine efforts by the Russian Government to 
     collaborate with other governments, entities, or individuals 
     to carry out activities described in paragraphs (2) and (3);
       (5) examine attempts or activities by governments, persons 
     associated with a government, entities, and individuals other 
     than those described in paragraph (3) to use electronic means 
     to influence, interfere with, or sow distrust in elections 
     for public office held in the United States during 2016;
       (6) ascertain, evaluate, and report on the evidence 
     developed by all relevant government agencies, including the 
     Department of State, the Office of the Director of National 
     Intelligence, the Central Intelligence Agency, the National 
     Security Agency, the Department of Homeland Security, the 
     Federal Bureau of Investigation, the Department of Defense, 
     and State election commissions, regarding the facts and 
     circumstances surrounding Russia's interference with 
     elections for public office held in the United States during 
     2016;
       (7) review and build upon the findings of completed or 
     ongoing efforts to the investigate such Russian interference, 
     including investigations or inquires conducted by--
       (A) the Administration of President Barack Obama;
       (B) the Select Committee on Intelligence of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on the Judiciary of the Senate; and
       (F) other executive branch, congressional, or independent 
     entities;
       (8) make a full accounting of--
       (A) the circumstances surrounding official and unofficial 
     attempts to interfere in the 2016 United States election, 
     including through cyber operations and the promotion of 
     propaganda or other disinformation;
       (B) the level of preparedness of Federal, State, and local 
     governments to defend against such interference; and
       (C) the United States response to such interference; and
       (9) submit a report to the President and Congress, in 
     accordance with section 1098, on the findings, conclusions, 
     and recommendations of the Commission on preventing the 
     reoccurrence of such interference.

     SEC. 1092. COMPOSITION.

       (a) Appointments.--
       (1) In general.--The Commission shall be composed of eight 
     members, of which--
       (A) two shall be appointed by the majority leader of the 
     Senate;
       (B) two shall be appointed by the minority leader of the 
     Senate;
       (C) two shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) two shall be appointed by the minority leader of the 
     House of Representatives.
       (2) Deadline for appointment.--Each initial member of the 
     Commission shall be appointed not later than 30 days after 
     the date of the enactment of this Act.
       (3) Period of appointment.--Each member of the Commission 
     shall be appointed for the life of the Commission.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than 4 members 
     of the Commission may be members of the same political party.
       (2) Nongovernmental appointees.--None of the members of the 
     Commission may be a Member of Congress (including a Delegate 
     or Resident Commissioner to Congress), an officer or employee 
     of the Federal Government, or an officer or employee of any 
     State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in professions such as 
     governmental service, law enforcement, armed services, law, 
     public administration, intelligence gathering, cybersecurity, 
     election administration, and foreign affairs.
       (c) Initial Meeting; Selection of Chairperson.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Commission shall hold an 
     initial meeting to develop and implement a schedule for 
     completing the review and report required under section 
     1091(9).
       (2) Chairperson; vice-chairperson.--At the initial meeting 
     of the Commission, the

[[Page S5144]]

     Commission shall select a Chairperson and a Vice-Chairperson 
     from among its members. The Chairperson and Vice-Chairperson 
     may not be members of the same political party.
       (d) Quorum; Vacancies.--
       (1) Quorum.--Six members of the Commission shall constitute 
     a quorum.
       (2) Vacancies.--Any vacancy in the Commission shall not 
     affect the power and duties of the Commission and shall be 
     filled in accordance with subsection (a) not later than 90 
     days after the occurrence of such vacancy.

     SEC. 1093. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Meetings.--After its initial meeting under section 
     1092(c)(1), the Commission shall meet upon the call of the 
     Chairperson or a majority of its members.
       (2) Hearings and evidence.--The Commission may--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, including 
     classified testimony, evidence, and information, and 
     administer such oaths as may be necessary to carry out its 
     functions under section 1091; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, 
     including classified materials, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable to carry out such functions.
       (3) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only by the agreement of the Chairperson and the 
     Vice-Chairperson or by the affirmative vote of 5 members of 
     the Commission.
       (ii) Signature.--Subpoenas issued under this subsection--

       (I) may be issued under the signature of the Chairperson or 
     any member designated by a majority of the Commission; and
       (II) may be served by any person designated by the 
     Chairperson or by a member designated by a majority of the 
     Commission.

       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under this subsection, the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--If any witness fails to 
     comply with any subpoena issued under this subsection or to 
     testify when summoned under authority of this subsection, the 
     Commission may, by majority vote, certify a statement of fact 
     constituting such failure to the appropriate United States 
     attorney, who may bring the matter before the grand jury for 
     its action, under the same statutory authority and procedures 
     as if the United States attorney had received a certification 
     under sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Information From Federal Agencies.--
       (1) In general.--All Federal departments and agencies 
     shall, in accordance with applicable procedures for the 
     appropriate handling of classified information, provide 
     reasonable access to documents, statistical data, and other 
     such information that the Commission determines necessary to 
     carry out its functions under section 1091.
       (2) Obtaining information.--The Chairperson of the 
     Commission shall submit a written request, as necessary, to 
     the head of an agency described in paragraph (1) for access 
     to documents, statistical data, and other information 
     described in such paragraph that is under the control of such 
     agency.
       (3) Receipt, handling, storage, and dissemination.--
     Information described in paragraph (1) may only be received, 
     handled, stored and disseminated by members of the Commission 
     and its staff in accordance with all applicable statutes, 
     regulations, and Executive orders.
       (c) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall make office space available for the 
     day-to-day activities of the Commission and for scheduled 
     meetings of the Commission. Upon request, the Administrator 
     shall provide, on a reimbursable basis, such administrative 
     support as the Commission requests to fulfill its duties.
       (2) Other departments and agencies.--In addition to the 
     assistance required under paragraph (1), other Federal 
     departments and agencies may provide to the Commission such 
     services, funds, facilities, staff, and other support 
     services as the heads of such entities determine advisable in 
     accordance with applicable law.
       (d) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other Federal departments and agencies.
       (e) Authority To Contract.--
       (1) In general.--Subject to subtitle I of title 40, United 
     States Code, and division C of subtitle I of title 41, United 
     States Code (formerly collectively known as the ``Federal 
     Property and Administrative Services Act of 1949''), the 
     Commission is authorized to enter into contracts with Federal 
     and State agencies, private firms, institutions, and 
     individuals for the conduct of activities necessary to the 
     discharge of its duties under section 1091.
       (2) Termination.--Any contract, lease, or other legal 
     agreement entered into by the Commission under this 
     subsection may not extend beyond the date specified in 
     section 1099.

     SEC. 1094. STAFF OF THE COMMISSION.

       (a) Director.--The Commission shall have a Director, who 
     shall be--
       (1) appointed by a majority vote of the Commission; and
       (2) paid at a rate not to exceed the rate of basic pay for 
     level IV of the Executive Schedule, as set forth in section 
     5315 of title 5, United States Code.
       (b) Staff.--
       (1) In general.--With the approval of the Commission, the 
     Director may appoint such personnel as the Director 
     determines to be appropriate. Such personnel shall be paid at 
     a rate not to exceed the rate of basic pay for level IV of 
     the Executive Schedule, as set forth in section 5315 of title 
     5, United States Code.
       (2) Additional staff.--The Commission may appoint and fix 
     the compensation of such other personnel as may be necessary 
     to enable the Commission to carry out its duties, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable to a person occupying a position at level V of the 
     Executive Schedule, as set forth in section 5316 of such 
     title.
       (c) Experts and Consultants.--With the approval of the 
     Commission, the Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, but at rates not to exceed the rate of 
     basic pay for level IV of the Executive Schedule.
       (d) Detailees.--Upon the request of the Commission, any 
     Federal Government employee may be detailed to the Commission 
     without reimbursement from the Commission, and such detailee 
     shall retain the rights, civil service status, and privileges 
     of his or her regular employment without interruption.

     SEC. 1095. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section 1098.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required under any applicable statute, 
     regulation, or Executive order.

     SEC. 1096. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Members of the Commission--
       (1) shall not be considered to be Federal employees for any 
     purpose by reason of service on the Commission; and
       (2) shall serve without pay.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in performance of services for the 
     Commission, members of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with section 5703 of title 5, United States Code.

     SEC. 1097. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission to expeditiously provide, to 
     the extent possible, appropriate security clearances to 
     Commission members and staff in accordance with existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     subtitle without the appropriate security clearances.

     SEC. 1098. REPORT.

       (a) In General.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall submit a 
     report to the Committee on Foreign Relations of the Senate, 
     the Committee on Foreign Affairs of the House of 
     Representatives, the Committee on the Judiciary of the 
     Senate, the Committee on the Judiciary of the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Homeland 
     Security of the House of Representatives, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, the Committee on Armed Services of 
     the Senate, and the Committee on Armed Services of the House 
     of Representatives. The report shall include--
       (1) a detailed statement of the recommendations, findings, 
     and conclusions of the Commission under section 1091; and
       (2) summaries of the input and recommendations of the 
     leaders and organizations with which the Commission 
     consulted.

[[Page S5145]]

       (b) Public Availability.--The report required under 
     subsection (a) shall be submitted in an unclassified form, 
     which shall be made available to the public, but may include 
     a classified annex.

     SEC. 1099. TERMINATION.

       The Commission shall terminate on the date that is 60 days 
     after the date on which the Commission submits its report to 
     Congress pursuant to section 1098.
                                 ______
                                 
  SA 912. Mr. BOOKER (for himself and Mr. Bennet) 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, insert the following:

     SEC. ___. PROHIBITION ON FUNDS FOR THE PRESIDENTIAL ADVISORY 
                   COMMISSION ON ELECTION INTEGRITY.

       None of the funds appropriated or otherwise made available 
     under an Act of Congress enacted before, on, or after the 
     date of enactment of this Act may be made available for the 
     Presidential Advisory Commission on Election Integrity 
     established under Executive Order 13799 (82 Fed. Reg. 22389) 
     or for any similar commission established for the purpose of 
     studying voter fraud.
                                 ______
                                 
  SA 913. Mr. VAN HOLLEN (for himself and 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 B of title XV, add the following:

     SEC. ___. REPORT ON BUDGET REQUESTS FOR FUNDING FOR THE 
                   DEPARTMENT OF DEFENSE FOR OVERSEAS CONTINGENCY 
                   OPERATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) In a January 18, 2017 report issued by the U.S. 
     Government Accountability Office (GAO) on the Department of 
     Defense's Overseas Contingency Operations, the GAO found that 
     the criteria developed in 2010 by the Office of Management 
     and Budget (OMB) in collaboration with the Department of 
     Defense (DoD) for determining whether items belonged in the 
     base budget or in OCO were outdated.
       (2) The GAO also found that these outdated criteria did not 
     address the full scope of activities included in DoD's fiscal 
     year 2017 OCO budget request.
       (3) According to the GAO, DoD officials agree that updated 
     guidance is needed, but noted that OMB deferred the decision 
     to update criteria until the new administration was in place 
     in 2017
       (4) The GAO also found that, without reevaluating and 
     revising the criteria, decision makers may be hindered in 
     their ability to set priorities and make funding trade-offs.
       (5) In response to these findings, the GAO recommends that 
     DOD, in collaboration with OMB, reevaluate and revise the 
     criteria for determining what can be included in DOD's OCO 
     budget requests; and that DOD develop a complete and reliable 
     estimate of enduring OCO costs to report in future budget 
     requests.
       (b) Report.--At the same time as the submittal to Congress 
     of the budget of the President for fiscal year 2019 pursuant 
     to section 1105 of title 31, United States Code, the 
     Secretary of Defense shall, with the concurrence of the 
     Director of the Office of Management and Budget, submit to 
     the congressional defense committees a report setting forth 
     the following:
       (1) The criteria used by the Department of Defense to 
     determine whether funds requested for the Department for a 
     fiscal year for purposes of the budget of the President for 
     the fiscal year (as so submitted) are to be requested as 
     funds for the Department for programs, activities, and 
     operations for the fiscal year for overseas contingency 
     operations.
       (2) A current estimate of the recurring annual costs of the 
     Department for programs, activities, and operations for 
     overseas contingency operations.
                                 ______
                                 
  SA 914. Mrs. MURRAY 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 G of title X, add the following:

     SEC. ___. REIMBURSEMENT OF THE UNITED STATES BY CERTAIN 
                   PERSONS FOR EXPENSES OF TRAVEL DURING WHICH 
                   SUCH PERSONS CONDUCT PRIVATE BUSINESS.

       (a) Reimbursement Required.--A covered person shall 
     reimburse the United States for any expenses of travel 
     provided the person at the expense of the Federal Government 
     if the person conducts any private business during such 
     travel or conducts any activity for personal financial gain 
     during such travel.
       (b) Covered Persons.--For purposes of this section, a 
     covered person is any person described by paragraph (1) or 
     (2) of section 3056(a) of title 18, United States Code, 
     regardless of whether the person was provided protection by 
     the United States Secret Service during the travel concerned.
       (c) Expenses Reimburseable.--The expenses of travel for 
     which a covered person shall make reimbursement under 
     subsection (a) are the actual costs with respect to the 
     person during travel for the following:
       (1) Travel.
       (2) Protection by the United States Secret Service or 
     another Federal entity.
       (3) Lodging and accommodations.
       (4) Meals.
       (5) Incidental expenses.
       (6) Any other expenses designated by the President in 
     regulations prescribed for purposes of this section.
       (d) Private Business.--For purposes of this section, 
     private business shall consist of the discussion of, planning 
     for, or carrying out of any commercial negotiation or 
     commercial transaction on behalf of a covered person, or any 
     entity in which a covered person holds a financial interest, 
     which financially benefits a covered person or entity in 
     which a covered person holds a financial interest.
       (e) Exception.--Reimbursement for expenses of travel shall 
     not be made by a covered person under subsection (a) for 
     expenses borne by the person during the travel concerned.
       (f) Treatment of Reimbursements.--Any reimbursements made 
     pursuant to this section shall be deposited in the Treasury 
     as miscellaneous receipts.
       (g) Reports.--
       (1) Quarterly reports.--Not later than the first day of 
     each fiscal year quarter, each covered person shall submit to 
     the offices and committees of Congress referred to in 
     paragraph (3) a report on reimbursements required to be made 
     by such person under subsection (a) during the preceding 
     fiscal year quarter.
       (2) Elements.--Each report of a person under this paragraph 
     shall set forth, for the fiscal year quarter covered by such 
     report, the following:
       (A) The expenses of travel of the person for which 
     reimbursement was required to be made under subsection (a).
       (B) The amount of reimbursement made under subsection for 
     such expenses.
       (3) Offices and committees of congress.--The offices and 
     committees of Congress referred to in this paragraph are the 
     following:
       (A) The Office of Government Ethics.
       (B) The Committee on Homeland Security and Governmental 
     Reform and the Select Committee on Ethics of the Senate.
       (C) The Committee on Oversight and Government Reform and 
     the Committee on Ethics of the House of Representatives.
       (h) Prohibition on Acquisition of Certain Goods and 
     Services.--No department, agency, or other entity of the 
     Federal Government may purchase, rent, or otherwise acquire 
     goods or services, including hotel rooms, office space, or 
     golf carts, from any entity that is owned or operated by the 
     President or any member of the immediate family of the 
     President.
                                 ______
                                 
  SA 915. Mr. KAINE 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 1606 and insert the following:

     SEC. 1606. LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION.

       (a) In General.--In support of the policy outlined in 
     section 2273 of title 10, United States Code, the Secretary 
     of Defense shall carry out a program to modernize 
     infrastructure and improve support activities for processing 
     and launch of United States national security space missions 
     from Federal ranges.
       (b) Elements.--The program required by this section shall 
     include--
       (1) investments in infrastructure to improve operations at 
     Federal ranges in the United States that launch national 
     security space missions that may benefit all users, to 
     enhance the overall capabilities of those Federal ranges, to 
     improve safety, and to reduce the long-term cost of 
     operations and maintenance;
       (2) measures to normalize processes, systems, and products 
     across the Federal ranges described in paragraph (1) to 
     minimize the burden on launch providers; and
       (3) improvements in transparency, flexibility, and 
     responsiveness for launch scheduling.

[[Page S5146]]

       (c) Consultation.--In carrying out the program required by 
     this section, the Secretary should consult with current and 
     anticipated users of Federal ranges in the United States that 
     launch national security space missions.
       (d) Cooperation.--In carrying out this section, the 
     Secretary should consider partnerships authorized under 
     section 2276 of title 10, United States Code.
       (e) Report.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the plan 
     for the implementation of the launch support and 
     infrastructure modernization program at Federal ranges in the 
     United States that launch national security space missions.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a description of plans and the resources needed to 
     improve launch support infrastructure, utilities, support 
     equipment, and Federal range operations;
       (B) a description of plans to streamline and normalize 
     processes, systems, and products at Federal ranges described 
     in paragraph (1) to ensure consistency for range users; and
       (C) recommendations for improving transparency, 
     flexibility, and responsiveness in launch scheduling.
                                 ______
                                 
  SA 916. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. ___. REPORT ON THE UNITED SERVICES MILITARY 
                   APPRENTICESHIP PROGRAM.

       (a) Report Required.--No later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of Labor shall jointly submit to the 
     appropriate congressional committees a report on the United 
     Services Military Apprenticeship Program's operations and 
     feasibility.
       (b) Contents of Report.--The report required under 
     subsection (a) shall include the following:
       (1) A description of the apprenticeship program, potential 
     certification options, and occupational areas of study.
       (2) A discussion of potential recommendations for enhancing 
     the apprenticeship program and recruiting new service members 
     to participate in the program.
       (3) An analysis of the effect of the apprenticeship program 
     on the job placement of members of the Armed Forces 
     transitioning to civilian careers.
       (4) An analysis of the effect of the apprenticeship program 
     on job promotions within the Armed Forces.
       (5) An assessment of the communication and outreach between 
     the United Services Military Apprenticeship Program and 
     private employers.
       (6) An analysis of estimated completion rates and potential 
     administrative barriers impeding completion of the program.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees; and
       (2) the Committee on Education and the Workforce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate.
                                 ______
                                 
  SA 917. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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 X, add the following:

     SEC. __. REPORT ON HURRICANE DAMAGE TO DEPARTMENT OF DEFENSE 
                   ASSETS.

       (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 report on 
     damage to Department of Defense assets and installations from 
     hurricanes during 2017.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) The results of a storm damage assessment.
       (2) A description of affected military installations and 
     assets.
       (3) A request for funding to initiate the repair and 
     replacement of damaged facilities and assets, including 
     necessary upgrades to existing facilities to make them 
     compliant with current hurricane standards, and to cover any 
     unfunded requirements for military construction at affected 
     military installations.
                                 ______
                                 
  SA 918. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. __. EAST COAST HOMEPORT FOR NUCLEAR-POWERED AIRCRAFT 
                   CARRIERS.

       (a) Findings.--Congress makes the following findings:
       (1) Mayport Naval Station, Florida, has served as a 
     homeport for aircraft carriers.
       (2) In 2009, the United States Navy submitted its decision 
     to establish a second East Coast homeport for nuclear-powered 
     aircraft carriers to strategically disperse the capital 
     fleet.
       (3) The decision to make Mayport Naval Station capable of 
     homeporting a nuclear-powered aircraft carrier was endorsed 
     by the 2010 Quadrennial Defense Review.
       (b) Development of Second East Coast CVN Homeport.--Not 
     later than 180 days after the enactment of this Act, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report on the Navy's plan for developing 
     a second East Coast homeport for nuclear-powered aircraft 
     carriers. The report shall include a schedule, by fiscal 
     year, for funding the development of a second homeport for 
     nuclear-powered aircraft carriers on the East Coast of the 
     United States.
       (c) Authority to Carry Out Construction Design.--Subject to 
     subsection (b), the Secretary of the Navy may carry out 
     construction design activities in connection with the 
     military construction projects that the Secretary identifies 
     as necessary for the improvement of the facilities located at 
     Mayport Naval Station, Florida, so that such facilities may 
     be used as the homeport of a nuclear powered aircraft 
     carrier.
                                 ______
                                 
  SA 919. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. ___. REPORT ON TRAINING INFRASTRUCTURE FOR CYBER FORCES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the Department 
     of Defense training infrastructure for cyber forces. Such 
     report shall include the following:
       (1) Identification of the shortcomings in such training 
     infrastructure.
       (2) Potential commercial applications to address such 
     shortcomings.
       (3) Future projections of cyber force growth and urgent 
     needs relating to such growth.
                                 ______
                                 
  SA 920. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. __. REPORT ON OPERATIONAL CAPACITY AT THE JOINT STRIKE 
                   FIGHTER (JSF) INITIAL JOINT TRAINING SITE AT 
                   EGLIN AIR FORCE BASE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a plan for reaching full operational 
     capacity at the Joint Strike Fighter (JSF) Initial Joint 
     Training Site at Eglin Air Force Base, Florida, to provide 
     operational flexibility across the services and 
     interoperability with international partners.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of the Department of Defense's compliance 
     with the 2005 Base Realignment and Closure (BRAC) decision to 
     endorse the recommendation by the Secretary of Defense as 
     enacted into law to establish Eglin Air Force Base, Florida, 
     as an Initial Joint Training Site that teaches entry-level 
     aviators and maintenance technicians how to safely operate 
     and maintain the

[[Page S5147]]

     new Joint Strike Fighter (JSF) (F-35) aircraft.
       (2) An analysis of the impact effected by the Navy and 
     Marine Corps drastically reducing their presence at Eglin Air 
     Force Base on the intended outcome of this decision to allow 
     the Interservice Training Review Organization process to 
     establish a Department of Defense baseline program in a 
     consolidated/joint school with curricula that permit services 
     latitude to preserve service-unique culture and a faculty and 
     staff that brings a ``Train as we fight: jointly'' national 
     perspective to the learning process.
                                 ______
                                 
  SA 921. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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 II, insert the following:

     SEC. ___. AUTHORITY TO CARRY OUT SEA-BASED TESTING OF THE 
                   ELECTROMAGNETIC RAILGUN IN THE JOINT GULF RANGE 
                   COMPLEX.

       (a) Authority to Carry Out Test.--Subject to subsection 
     (b), the Secretary of the Navy may carry out integration 
     testing and test-firing of the electromagnetic railgun using 
     an existing Navy surface vessel as the Secretary identifies 
     as necessary for the advancement of naval weaponry.
       (b) Requirement Relating to Testing.--The Secretary may not 
     carry out testing under subsection (a) until the Secretary--
       (1) identifies a Large Surface Combatant deemed to be 
     decommissioned within Fiscal Year 2018 to be used as a test 
     platform; and
       (2) completes a study on using the Joint Gulf Range Complex 
     as a test environment.
       (c) Test Authority.--This section may not be construed or 
     interpreted as an authorization for the Secretary to commence 
     or proceed the decommissioning of a Large Surface Combatant 
     or to utilize any test environment other than the Joint Gulf 
     Range Complex.
                                 ______
                                 
  SA 922. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. ___. UNMANNED AIRCRAFT SYSTEMS THAT POSE A THREAT TO THE 
                   SAFETY OR SECURITY OF CERTAIN DEPARTMENT OF 
                   DEFENSE FACILITIES AND ASSETS.

       (a) Authority.--Notwithstanding any provision of title 18, 
     United States Code, the Secretary of Defense may take, and 
     may authorize the Armed Forces to take, such action described 
     in subsection (b) as is necessary to mitigate the threat (as 
     defined by the Secretary of Defense, in consultation with the 
     Secretary of Transportation) that an unmanned aircraft system 
     or unmanned aircraft poses to the safety or security of a 
     covered facility or asset.
       (b) Forfeiture.--The action described in this subsection is 
     the forfeiture to the United States of any unmanned aircraft 
     system or unmanned aircraft that is seized by the Secretary 
     of Defense or the Armed Forces as described in subsection 
     (a).
       (c) Regulations.--The Secretary of Defense and the 
     Secretary of Transportation may prescribe regulations and 
     shall issue guidance in the respective areas of each 
     Secretary to carry out this section.
       (d) Definitions.--In this section:
       (1) The term ``covered facility or asset'' means any 
     facility or asset that--
       (A) is identified by the Secretary of Defense for purposes 
     of this section;
       (B) is located in the United States (including the 
     territories and possessions of the United States); and
       (C) relates to--
       (i) the nuclear deterrence mission of the Department of 
     Defense, including with respect to nuclear command and 
     control, integrated tactical warning and attack assessment, 
     and continuity of government;
       (ii) the missile defense mission of the Department; or
       (iii) the national security space mission of the 
     Department.
       (2) The terms ``unmanned aircraft system'' and ``unmanned 
     aircraft'' have the meaning given such terms in section 331 
     of the FAA Modernization and Reform Act of 2012 (Public Law 
     112-95; 49 U.S.C. 40101 note).
                                 ______
                                 
  SA 923. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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 MILITARY ACTION OF SAUDI ARABIA AND ITS 
                   COALITIONS PARTNERS IN YEMEN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Defense and the Secretary of State shall jointly 
     submit to the appropriate congressional committees a report 
     on military action of Saudi Arabia and its coalitions 
     partners in Yemen.
       (b) Matters to Be Included.--The report required by 
     subsection (a) shall include a description of the following:
       (1) The extent to which the Government of Saudi Arabia and 
     its coalition partners in Yemen are abiding by their ``No 
     Strike List and Restricted Target List''.
       (2) Roles played by United States military personnel with 
     respect to operations of such coalition partners in Yemen.
       (3) Progress made by the Government of Saudi Arabia in 
     improving its targeting capabilities.
       (4) Progress made by such coalition partners to implement 
     the recommendations of the Joint Incident Assessment Team and 
     participation if any by the United States in the 
     implementation of such recommendations.
       (5) Progress made toward implementation of United Nations 
     Security Council Resolution 2216 (2015) or any successor 
     United Nations Security Council resolution relating to the 
     conflict in Yemen.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (d) Termination.--This section shall terminate on--
       (1) the date that is 2 years after the date of the 
     enactment of this Act, or
       (2) the date on which the Secretary of Defense and 
     Secretary of State jointly certify to the appropriate 
     congressional committees that the conflict in Yemen has come 
     to a conclusion;
     whichever occurs earlier.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees; and
       (2) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 924. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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 XII, add the following:

     SEC. ____. REPORT ON USE BY THE GOVERNMENT OF IRAN OF 
                   COMMERCIAL AIRCRAFT AND RELATED SERVICES FOR 
                   ILLICIT ACTIVITIES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     President, in consultation with the Secretary of Defense, the 
     Secretary of State, and the Director of National 
     Intelligence, shall submit to the appropriate congressional 
     committees a report on use by the Government of Iran of 
     commercial aircraft and related services for illicit 
     activities.
       (b) Elements of Report.--The report required under 
     subsection (a) shall include a description of the extent to 
     which--
       (1) the Government of Iran is using commercial aircraft, 
     including aircraft of Iran Air, or related services to 
     transport illicit cargo to or from Iran, including military 
     goods, weapons, military personnel, military-related 
     electronic parts and mechanical equipment, or rocket or 
     missile components; and
       (2) the commercial aviation sector of Iran, including Iran 
     Air, is providing financial, material, or technological 
     support to the Islamic Revolutionary Guard Corps, Iran's 
     Ministry of Defense and Armed Forces Logistics, the Bashar al 
     Assad Regime, Hezbollah, Hamas, Kata'ib Hezbollah, any 
     organization designated as a foreign terrorist organization 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189), or any entity designated as a specially 
     designated national and blocked person on the list maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.

[[Page S5148]]

       (d) Sunset.--This section shall cease to be effective on 
     the date that is 30 days after the date on which the 
     President certifies to Congress that the Government of Iran 
     has ceased providing support for acts of international 
     terrorism.
                                 ______
                                 
  SA 925. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. __. TAIWAN TRAVEL POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.), 
     enacted in 1979, has continued for 37 years to be the 
     cornerstone of relations between the United States and Taiwan 
     and has served as an anchor for peace and security in the 
     Western Pacific area.
       (2) The Taiwan Relations Act declares that peace and 
     stability in the Western Pacific area are in the political, 
     security, and economic interests of the United States and are 
     matters of international concern.
       (3) The United States considers any effort to determine the 
     future of Taiwan by other than peaceful means, including by 
     boycotts or embargoes, a threat to the peace and security of 
     the Western Pacific and of grave concern to the United 
     States.
       (4) Taiwan has succeeded in a momentous transition to 
     democracy beginning in the late 1980s and has been a beacon 
     of democratic practices in Asia, and Taiwan's democratic 
     achievements inspire many countries and people in the region.
       (5) Visits to a country by United States cabinet members 
     and other high-ranking officials are an indicator of the 
     breadth and depth of ties between the United States and that 
     country.
       (6) Since the enactment of the Taiwan Relations Act, 
     relations between the United States and Taiwan have suffered 
     from insufficient high-level communication due to the self-
     imposed restrictions that the United States maintains on 
     high-level visits with Taiwan.
       (b) Sense of Congress; Statement of Policy.--
       (1) Sense of congress.--It is the sense of Congress that 
     the United States Government should not place any 
     restrictions on the travel of officials at any level of the 
     United States Government to Taiwan to meet their Taiwanese 
     counterparts or on the travel of high-level officials of 
     Taiwan to enter the United States to meet with officials of 
     the United States.
       (2) Statement of policy.--It should be the policy of the 
     United States--
       (A) to allow officials at all levels of the United States 
     Government, including cabinet-level national security 
     officials, general officers, and other Executive Branch 
     officials, to travel to Taiwan to meet their Taiwanese 
     counterparts;
       (B) to allow high-level officials of Taiwan to enter the 
     United States, under conditions that demonstrate appropriate 
     respect for the dignity of such officials, and to meet with 
     officials of the United States, including officials from the 
     Department of State and the Department of Defense and other 
     cabinet agencies; and
       (C) to encourage the Taipei Economic and Cultural 
     Representative Office, and any other instrumentality 
     established by Taiwan, to conduct business in the United 
     States, including activities that involve participation by 
     Members of Congress, officials of Federal, State, or local 
     governments of the United States, or any high-level official 
     of Taiwan.
       (c) Authority.--Officials at all levels of the United 
     States Government, including cabinet-level national security 
     officials, general officers, and other Executive Branch 
     officials, are hereby authorized to travel to Taiwan to meet 
     their Taiwanese counterparts.
       (d) Semiannual Reports.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of State shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on travel by United States Executive Branch 
     officials to Taiwan.
                                 ______
                                 
  SA 926. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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:

 Subtitle __--South China Sea and East China Sea Sanctions Act of 2017

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2017''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) According to the Asia-Pacific Maritime Security 
     Strategy issued by the Department of Defense in August 2015, 
     ``Although the United States takes no position on competing 
     sovereignty claims to land features in the region, all such 
     claims must be based upon land (which in the case of islands 
     means naturally formed areas of land that are above water at 
     high tide), and all maritime claims must derive from such 
     land in accordance with international law.''.
       (2) According to the annual report of the Department of 
     Defense to Congress on the military power of the People's 
     Republic of China submitted in April 2016, ``Throughout 2015, 
     China continued to assert sovereignty claims over features in 
     the East and South China Seas. In the East China Sea, China 
     continued to use maritime law enforcement ships and aircraft 
     to patrol near the Senkaku (Diaoyu) Islands in order to 
     challenge Japan's claim. In the South China Sea, China paused 
     its land reclamation effort in the Spratly Islands in late 
     2015 after adding more than 3,200 acres of land to the seven 
     features it occupies in the archipelago. Although these 
     artificial islands do not provide China with any additional 
     territorial or maritime rights within the South China Sea, 
     China will be able to use them as persistent civil-military 
     bases to enhance its long-term presence in the South China 
     Sea significantly.''.
       (3) On May 30, 2015, at the Shangri-la Dialogue of the 
     International Institute for Strategic Studies, Secretary of 
     Defense Ashton Carter stated that ``with its actions in the 
     South China Sea, China is out of step with both the 
     international rules and norms that underscore the Asia-
     Pacific's security architecture, and the regional consensus 
     that favors diplomacy and opposes coercion''.
       (4) On July 24, 2015, Admiral Harry Harris, Jr., noted at a 
     forum in Colorado that each year more than $5,300,000,000,000 
     in global sea-based trade passes through the South China Sea.
       (5) On June 4, 2016, at the Shangri-la Dialogue, Secretary 
     of Defense Ashton Carter stated: ``[T]he United States will 
     stand with regional partners to uphold core principles, like 
     freedom of navigation and overflight and the peaceful 
     resolution of disputes through legal means and in accordance 
     with international law. As I affirmed here last year, and 
     America's Freedom of Navigation Operations in the South China 
     Sea have demonstrated, the United States will continue to 
     fly, sail and operate wherever international law allows, so 
     that everyone in the region can do the same.''.
       (6) On July 12, 2016, the Permanent Court of Arbitration's 
     Tribunal organized pursuant to the United Nations Convention 
     on the Law of the Sea issued its unanimous award in the 
     arbitration instituted by Republic of the Philippines against 
     the People's Republic of China. The Tribunal noted that its 
     award is final and binding under that Convention.
       (7) Also according to the award, the Tribunal ``concluded 
     that, to the extent China had historical rights to resources 
     in the waters of the South China Sea, such rights were 
     extinguished to the extent they were incompatible with the 
     exclusive economic zones provided for in the Convention. The 
     Tribunal concluded that there was no legal basis for China to 
     claim historic rights to resources within the sea areas 
     falling within the `nine-dash line'.''.
       (8) Also according to the award, the Tribunal ``held that 
     the Spratly Islands cannot generate maritime zones 
     collectively as a unit. Having found that none of the 
     features claimed by China was capable of generating an 
     exclusive economic zone, the Tribunal found that it could--
     without delimiting a boundary--declare that certain sea areas 
     are within the exclusive economic zone of the Philippines, 
     because those areas are not overlapped by any possible 
     entitlement of China.''.
       (9) Also according to the award, the Tribunal ``found that 
     China had violated the Philippines' sovereign rights in its 
     exclusive economic zone by (a) interfering with Philippine 
     fishing and petroleum exploration, (b) constructing 
     artificial islands and (c) failing to prevent Chinese 
     fishermen from fishing in the zone. The Tribunal also held 
     that fishermen from the Philippines (like those from China) 
     had traditional fishing rights at Scarborough Shoal and that 
     China had interfered with these rights in restricting access. 
     The Tribunal further held that Chinese law enforcement 
     vessels had unlawfully created a serious risk of collision 
     when they physically obstructed Philippine vessels.''.
       (10) On July 12, 2016, the Ministry of Foreign Affairs of 
     the People's Republic of China issued a statement that China 
     ``declares that the [Tribunal] award is null and void and has 
     no binding force. China neither accepts nor recognizes it. . 
     . . China's territorial sovereignty and maritime rights and 
     interests in the South China Sea shall under no circumstances 
     be affected by those awards. China opposes and will never 
     accept any claim or action based on those awards.''.
       (11) On July 12, 2016, the Government of the People's 
     Republic of China issued the fifth statement in the name of 
     that Government since 1979 that--

[[Page S5149]]

       (A) stated that the People's Republic of China has 
     sovereignty over the 4 rocks and shoals in the South China 
     Sea;
       (B) claims internal waters, territorial seas, contiguous 
     zones, one or more exclusive economic zones, and a 
     continental shelf based on that sovereignty claim; and
       (C) continues to claim historic rights in the South China 
     Sea.
       (12) On July 12, 2016, Assistant Secretary of State and 
     Department of State Spokesperson John Kirby noted that the 
     ``United States strongly supports the rule of law. We support 
     efforts to resolve territorial and maritime disputes in the 
     South China Sea peacefully, including through arbitration. . 
     . . we urge all claimants to avoid provocative statements or 
     actions. This decision can and should serve as a new 
     opportunity to renew efforts to address maritime disputes 
     peacefully.''.
       (13) On July 13, 2016, the Vice Foreign Minister of the 
     People's Republic of China, Liu Zhenmin, said that declaring 
     an air defense identification zone in the South China Sea 
     would depend on the threat China faces and stated that ``[i]f 
     our security is threatened, we of course have the right to 
     set it up''.
       (14) On July 18, 2016, the People's Liberation Army Air 
     Force of the People's Republic of China stated that it had 
     conducted a ``combat air patrol'' over the South China Sea 
     and that it would become ``regular practice'' in the future. 
     A spokesperson stated that the People's Liberation Army Air 
     Force ``will firmly defend national sovereignty, security and 
     maritime interests, safeguard regional peace and stability, 
     and cope with various threats and challenges''.
       (15) On August 2, 2016, the Supreme People's Court of the 
     People's Republic of China issued a judicial interpretation 
     that people caught illegally fishing in Chinese waters could 
     be jailed for up to one year.
       (16) In the Agreement concerning the Ryukyu Islands and the 
     Daito Islands with Related Arrangements, signed at Washington 
     and Tokyo June 17, 1971 (23 UST 446), between the United 
     States and Japan (commonly referred to as the ``Okinawa 
     Reversion Treaty''), the United States agreed to apply the 
     Treaty of Mutual Cooperation and Security, with Agreed Minute 
     and Exchanges of Notes (11 UST 1632), signed at Washington 
     January 19, 1961, between the United States and Japan, to the 
     area covered by the Okinawa Reversion Treaty, including the 
     Senkaku Islands.
       (17) In April 2014, President Barack Obama stated, ``The 
     policy of the United States is clear--the Senkaku Islands are 
     administered by Japan and therefore fall within the scope of 
     Article 5 of the U.S.-Japan Treaty of Mutual Cooperation and 
     Security. And we oppose any unilateral attempts to undermine 
     Japan's administration of these islands.''.
       (18) In February 2017, President Donald Trump and Japanese 
     Prime Minister Shinzo Abe issued a joint statement that 
     ``affirmed that Article V of the U.S.-Japan Treaty of Mutual 
     Cooperation and Security covers the Senkaku Islands''.

     SEC. __03. DEFINITIONS.

       In this subtitle:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (4) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (6) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) Person.--The term ``person'' means any individual or 
     entity.
       (9) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. __04. POLICY OF THE UNITED STATES WITH RESPECT TO THE 
                   SOUTH CHINA SEA AND THE EAST CHINA SEA.

       It is the policy of the United States--
       (1) to support the principle that disputes between 
     countries should be resolved peacefully consistent with 
     international law;
       (2) to reaffirm its unwavering commitment and support for 
     allies and partners in the Asia-Pacific region, including 
     longstanding United States policy--
       (A) regarding Article V of the Mutual Defense Treaty, 
     signed at Washington August 30, 1951 (3 UST 3947), between 
     the United States and the Philippines; and
       (B) that Article V of the Mutual Defense Assistance 
     Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST 
     661), between the United States and Japan, applies to the 
     Senkaku Islands, which are administered by Japan; and
       (3) to support the principle of freedom of navigation and 
     overflight and to continue to use the sea and airspace 
     wherever international law allows.

     SEC. __05. SENSE OF CONGRESS WITH RESPECT TO THE SOUTH CHINA 
                   SEA AND THE EAST CHINA SEA.

       It is the sense of Congress that--
       (1) the United States--
       (A) opposes all claims in the maritime domains that 
     impinges on the rights, freedoms, and lawful use of the seas 
     that belong to all countries;
       (B) opposes unilateral actions by the government of any 
     country seeking to change the status quo in the South China 
     Sea through the use of coercion, intimidation, or military 
     force;
       (C) opposes actions by the government of any country to 
     interfere in any way in the free use of waters and airspace 
     in the South China Sea or East China Sea;
       (D) opposes actions by the government of any country to 
     prevent any other country from exercising its sovereign 
     rights to the resources of the exclusive economic zone and 
     continental shelf by making claims that have no support in 
     international law; and
       (E) upholds the principle that territorial and maritime 
     claims, including with respect to territorial waters or 
     territorial seas, must be derived from land features and 
     otherwise comport with international law;
       (2) the People's Republic of China should not continue to 
     pursue illegitimate claims and to militarize an area that is 
     essential to global security;
       (3) the United States should--
       (A) continue and expand freedom of navigation operations 
     and overflights;
       (B) reconsider the traditional policy of not taking a 
     position on individual claims; and
       (C) respond to provocations by the People's Republic of 
     China with commensurate actions that impose costs on any 
     attempts to undermine security in the region;
       (4) the Senkaku Islands are covered by Article V of the 
     Mutual Defense Assistance Agreement, with Annexes, signed at 
     Tokyo March 8, 1954 (5 UST 661), between the United States 
     and Japan; and
       (5) the United States should firmly oppose any unilateral 
     actions by the People's Republic of China that seek to 
     undermine Japan's control of the Senkaku Islands.

     SEC. __06. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 60 days after the date of the enactment of this Act, 
     the President shall impose the sanctions described in 
     subsection (b) with respect to--
       (1) any Chinese person that contributes to construction or 
     development projects, including land reclamation, island-
     making, lighthouse construction, building of base stations 
     for mobile communications services, building of electricity 
     and fuel supply facilities, or civil infrastructure projects, 
     in areas of the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations;
       (2) any Chinese person that is responsible for or complicit 
     in, or has engaged in, directly or indirectly, actions or 
     policies that threaten the peace, security, or stability of 
     areas of the South China Sea contested by one or more members 
     of the Association of Southeast Asian Nations or areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea, including through the use of vessels and aircraft to 
     impose the sovereignty of the People's Republic of China in 
     those areas;
       (3) any Chinese person that engages, or attempts to engage, 
     in an activity or transaction that materially contributes to, 
     or poses a risk of materially contributing to, an activity 
     described in paragraph (1) or (2); and
       (4) any person that--
       (A) is owned or controlled by a person described in 
     paragraph (1), (2), or (3);
       (B) is acting for or on behalf of such a person; or
       (C) provides, or attempts to provide--
       (i) financial, material, technological, or other support to 
     a person described in paragraph (1), (2), or (3); or
       (ii) goods or services in support of an activity described 
     in paragraph (1), (2), or (3).
       (b) Sanctions Described.--
       (1) Blocking of property.--The President shall block, in 
     accordance with the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), all transactions in all

[[Page S5150]]

     property and interests in property of any person subject to 
     subsection (a) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (2) Exclusion from united states.--The Secretary of State 
     shall deny a visa to, and the Secretary of Homeland Security 
     shall exclude from the United States, any person subject to 
     subsection (a) that is an alien.
       (3) Current visa revoked.--The issuing consular officer, 
     the Secretary of State, or the Secretary of Homeland Security 
     (or a designee of one of such Secretaries) shall revoke any 
     visa or other entry documentation issued to any person 
     subject to subsection (a) that is an alien, regardless of 
     when issued. The revocation shall take effect immediately and 
     shall automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (c) Exceptions; Penalties.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission to the United States is necessary to 
     permit the United States to comply with the Agreement 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, between the United Nations and the United States.
       (3) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Additional Imposition of Sanctions.--
       (1) In general.--The President shall prohibit the opening, 
     and prohibit or impose strict conditions on the maintaining, 
     in the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines knowingly, on or after the date that is 
     60 days after the date of the enactment of this Act, conducts 
     or facilitates a significant financial transaction for a 
     person subject to subsection (a) if the Director of National 
     Intelligence determines that the Government of the People's 
     Republic of China has--
       (A) declared an air defense identification zone over any 
     part of the South China Sea;
       (B) initiated reclamation work at another disputed location 
     in the South China Sea, such as at Scarborough Shoal;
       (C) seized control of Second Thomas Shoal;
       (D) deployed surface-to-air missiles to any of the 
     artificial islands the People's Republic of China has built 
     in the Spratly Island chain, including Fiery Cross, Mischief, 
     or Subi Reefs;
       (E) established territorial baselines around the Spratly 
     Island chain;
       (F) increased harassment of Philippine vessels; or
       (G) increased provocative actions against the Japanese 
     Coast Guard or Maritime Self-Defense Force or United States 
     forces in the East China Sea.
       (2) Report.--
       (A) In general.--The determination of the Director of 
     National Intelligence referred to in paragraph (1) shall be 
     submitted in a report to the President and the appropriate 
     congressional committees.
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. __07. DETERMINATIONS AND REPORT ON CHINESE COMPANIES 
                   ACTIVE IN THE SOUTH CHINA SEA AND THE EAST 
                   CHINA SEA.

       (a) In General.--The Secretary of State shall submit to the 
     appropriate congressional committees a report that identifies 
     each Chinese person the Secretary determines is engaged in 
     the activities described in section __06(a).
       (b) Consideration.--In preparing the report required under 
     subsection (a), the Secretary of State shall make specific 
     findings with respect to whether each of the following 
     persons is involved in the activities described in section 
     __06(a):
       (1) CCCC Tianjin Dredging Co., Ltd.
       (2) CCCC Dredging (Group) Company, Ltd.
       (3) China Communications Construction Company (CCCC), Ltd.
       (4) China Petroleum Corporation (Sinopec Group).
       (5) China Mobile.
       (6) China Telecom.
       (7) China Southern Power Grid.
       (8) CNFC Guangzhou Harbor Engineering Company.
       (9) Zhanjiang South Project Construction Bureau.
       (10) Hubei Jiangtian Construction Group.
       (11) China Harbour Engineering Company (CHEC).
       (12) Guangdong Navigation Group (GNG) Ocean Shipping.
       (13) Shanghai Leading Energy Shipping.
       (14) China National Offshore Oil Corporation (CNOOC).
       (15) China Oilfield Services Limited (COSL).
       (16) China Precision Machinery Import/Export Corporation 
     (CPMIEC).
       (17) China Aerospace Science and Industry Corporation 
     (CASIC).
       (18) Aviation Industry Corporation of China (AVIC).
       (19) Shenyang Aircraft Corporation.
       (20) Shaanxi Aircraft Corporation.
       (21) China Ocean Shipping (Group) Company (COSCO).
       (22) China Southern Airlines.
       (23) Zhan Chaoying.
       (24) Sany Group.
       (25) Chinese persons affiliated with any of the entities 
     specified in paragraphs (1) through (24).
       (c) Submission and Form.--
       (1) Submission.--The report required by subsection (a) 
     shall be submitted not later than 60 days after the date of 
     the enactment of this Act and every 180 days thereafter until 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (2) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.

     SEC. __08. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH 
                   CHINA SEA OR THE EAST CHINA SEA AS PART OF 
                   CHINA.

       The Government Publishing Office may not publish any map, 
     document, record, electronic resource, or other paper of the 
     United States (other than materials relating to hearings held 
     by committees of Congress or internal work product of a 
     Federal agency) portraying or otherwise indicating that it is 
     the position of the United States that the territory or 
     airspace in the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea is part of the 
     territory or airspace of the People's Republic of China.

     SEC. __09. PROHIBITION ON FACILITATING CERTAIN INVESTMENTS IN 
                   THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) In General.--No United States person may take any 
     action to approve, facilitate, finance, or guarantee any 
     investment, provide insurance, or underwriting in the South 
     China Sea or the East China Sea that involves any person with 
     respect to which sanctions are imposed under section __06(a).
       (b) Enforcement.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, is authorized to 
     take such actions, including the promulgation of such rules 
     and regulations, as may be necessary to carry out the 
     purposes of this section.
       (c) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under this 
     section to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Exception.--Subsection (a) shall not apply with respect 
     to humanitarian assistance, disaster assistance, or emergency 
     food assistance.

     SEC. __10. DEPARTMENT OF JUSTICE AFFIRMATION OF NON-
                   RECOGNITION OF ANNEXATION.

       In any matter before any United States court, upon request 
     of the court or any party to the matter, the Attorney General 
     shall affirm the United States policy of not recognizing the 
     de jure or de facto sovereignty of the People's Republic of 
     China over territory or airspace contested by one or more 
     members of the Association of Southeast Asian Nations in the 
     South China Sea or the territory or airspace of areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea.

     SEC. __11. NON-RECOGNITION OF CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) United States Armed Forces.--The Secretary of Defense 
     may not take any action, including any movement of aircraft 
     or vessels that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of 
     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.
       (b) United States Flagged Vessels.--No vessel that is 
     issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, may take any action that 
     implies recognition of the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (c) United States Aircraft.--No aircraft operated by an air 
     carrier that holds an air carrier certificate issued under 
     chapter 411 of title 49, United States Code, may take any 
     action that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of

[[Page S5151]]

     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.

     SEC. __12. PROHIBITION ON CERTAIN ASSISTANCE TO COUNTRIES 
                   THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) Prohibition.--Except as provided by subsection (c) or 
     (d), no amounts may be obligated or expended to provide 
     foreign assistance to the government of any country 
     identified in a report required by subsection (b).
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date that is 3 years after such date of enactment, 
     the Secretary of State shall submit to the appropriate 
     congressional committees a report identifying each country 
     that the Secretary determines recognizes, after the date of 
     the enactment of this Act, the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     paragraph (1) on a publicly available website of the 
     Department of State.
       (c) Exception.--This section shall not apply with respect 
     to Taiwan, humanitarian assistance, disaster assistance, 
     emergency food assistance, or the Peace Corps.
       (d) Waiver.--The President may waive the application of 
     subsection (a) with respect to the government of a country if 
     the President determines that the waiver is in the national 
     interests of the United States.
                                 ______
                                 
  SA 927. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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, add the following:

     SEC. __. REPORT ON AVAILABILITY OF POSTSECONDARY CREDIT FOR 
                   SKILLS ACQUIRED DURING MILITARY SERVICE.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretaries of Veterans Affairs, Education, and Labor, shall 
     submit to Congress a report on the transfer of skills into 
     equivalent postsecondary credits or technical certifications 
     for members of the armed forces leaving the military. Such 
     report shall describe each the following:
       (1) Each skill that may be acquired during military service 
     that is eligible for transfer into an equivalent 
     postsecondary credit or technical certification.
       (2) The academic level of the equivalent postsecondary 
     credit or technical certification for each such skill.
       (3) Each academic institution that awards an equivalent 
     postsecondary credit or technical certification for such 
     skills, including--
       (A) each such academic institution's status as a public or 
     private institution, and as a non-profit or for-profit 
     institution; and
       (B) the number of veterans that applied to such academic 
     institution who were able to receive equivalent postsecondary 
     credits or technical certifications in the preceding fiscal 
     year, and the academic level of the credits or 
     certifications.
       (4) The number of members of the armed forces who left the 
     military in the preceding fiscal year, and the number of such 
     members who met with an academic or technical training 
     advisor as part of the member's participation in the 
     Transition Assistance Program of the Department of Defense.
                                 ______
                                 
  SA 928. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. __. REPORT ON IRANIAN ACTIVITIES IN IRAQ AND SYRIA.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act, and every 180 days thereafter for a 
     period not to exceed 5 years, the President shall submit to 
     the appropriate congressional committees a report on Iranian 
     activities in Iraq and Syria.
       (b) Matters To Be Included.--The report required by 
     subsection (a) shall include--
       (1) a description of Iran's support for--
       (A) Iraqi militias or political parties, including weapons, 
     financing, and other forms of material support; and
       (B) the regime of Bashar al-Assad in Syria; and
       (2) a list of referrals to the relevant United Nations 
     Security Council sanctions committees by the United States 
     Permanent Representative to the United Nations.
       (c) Form.--The President may submit the report required by 
     subsection (a) in classified form if the President determines 
     that it is necessary for the national security interests of 
     the United States to do so.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Affairs, the Permanent Select 
     Committee on Intelligence, the Committee on Armed Services, 
     the Committee on Ways and Means, and the Committee on 
     Financial Services of the House of Representatives; and
       (2) the Committee on Foreign Relations, the Select 
     Committee on Intelligence, the Committee on Armed Services, 
     the Committee on Finance, and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate.
                                 ______
                                 
  SA 929. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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. __. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN 
                   FOREIGN PERSONS THREATENING PEACE OR STABILITY 
                   IN IRAQ AND SYRIA.

       (a) Sanctions Required.--The President shall impose the 
     sanctions described in subsection (b)(1) with respect to any 
     foreign person that--
       (1) is responsible for or complicit in, or to have engaged 
     in, directly or indirectly--
       (A) actions that threaten the peace, security, or stability 
     of Iraq or Syria;
       (B) actions or policies that undermine efforts to promote 
     economic reconstruction and political reform in Iraq; or
       (C) the obstruction of the delivery or distribution of, or 
     access to, humanitarian assistance to the people of Iraq or 
     Syria;
       (2) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to or in support of, any activity described in 
     subparagraph (A), (B), or (C) of paragraph (1); or
       (3) is owned or controlled by, or has acted or purported to 
     act for or on behalf of, directly or indirectly, a foreign 
     person that has carried out any activity described in 
     subparagraph (A), (B), or (C) of paragraph (1) or paragraph 
     (2).
       (b) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Asset blocking.--The President shall block, in 
     accordance with the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), all transactions in all 
     property and interests in property of a person subject to 
     subsection (a) if such property and interests in property are 
     in the United States, come within the United States, or are 
     or come within the possession or control of a United States 
     person.
       (B) Aliens ineligible for visas, admission, or parole.--
       (i) Exclusion from the united states.--The Secretary of 
     State shall deny a visa to, and the Secretary of Homeland 
     Security shall exclude from the United States, any person 
     subject to subsection (a) that is an alien.
       (ii) Current visas revoked.--

       (I) In general.--The issuing consular officer, the 
     Secretary of State, or the Secretary of Homeland Security (or 
     a designee of one of such Secretaries) shall revoke any visa 
     or other entry documentation issued to an alien subject to 
     subsection (a), regardless of when issued.
       (II) Effect of revocation.--A revocation under subclause 
     (I) shall take effect immediately and shall automatically 
     cancel any other valid visa or entry documentation that is in 
     the alien's possession.

       (2) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of the imposition of sanctions under this section.
       (3) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (1)(A) or any regulation, license, or order issued 
     to carry out that paragraph shall be subject to the penalties 
     set forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.

[[Page S5152]]

       (4) Exception to comply with united nations headquarters 
     agreement.--Sanctions under paragraph (1)(B) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (c) Waiver.--
       (1) In general.--The President may, on a case-by-case basis 
     and for periods not to exceed 180 days, waive the application 
     of sanctions under this section with respect to a foreign 
     person, and may renew the waiver for additional periods of 
     not more than 180 days, if the President determines and 
     reports to the appropriate congressional committees at least 
     15 days before the waiver or renewal of the waiver is to take 
     effect that the waiver is vital to the national security 
     interests of the United States.
       (2) Form of report.--A report submitted under paragraph (1) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (3) Sunset.--The provisions of this subsection and any 
     waivers issued pursuant to this subsection shall terminate on 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (d) Implementation Authority.--The President may exercise 
     all authorities provided to the President under sections 203 
     and 205 of the International Emergency Economic Powers Act 
     (50 U.S.C. 1702 and 1704) for purposes of carrying out this 
     section.
       (e) Regulatory Authority.--
       (1) In general.--The President shall, not later than 90 
     days after the date of the enactment of this Act, promulgate 
     regulations as necessary for the implementation of this 
     section.
       (2) Notification to congress.--Not less than 10 days before 
     the promulgation of regulations under paragraph (1), the 
     President shall notify and provide to the appropriate 
     congressional committees the proposed regulations and the 
     provisions of this Act and the amendments made by this Act 
     that the regulations are implementing.
       (f) Definitions.--In this section:
       (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
     have the meanings given those terms in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs, the Committee on the 
     Judiciary, the Committee on Ways and Means, and the Committee 
     on Financial Services of the House of Representatives; and
       (B) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Finance, and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is not a United States person;
       (B) a corporation, partnership, or other nongovernmental 
     entity that is not a United States person; or
       (C) any representative, agent or instrumentality of, or an 
     individual working on behalf of a foreign government.
       (4) Government of iraq.--The term ``Government of Iraq'' 
     has the meaning given that term in section 576.310 of title 
     31, Code of Federal Regulations (or any corresponding similar 
     regulation or ruling).
       (5) Government of syria.--The term ``Government of Syria'' 
     has the meaning given that term in section 542.305 of title 
     31, Code of Federal Regulations (or any corresponding similar 
     regulation or ruling).
       (6) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (7) Person.--The term ``person'' means an individual or 
     entity.
       (8) Property; property interest.--The terms ``property'' 
     and ``property interest'' have the meanings given those terms 
     in section 576.312 of title 31, Code of Federal Regulations 
     (or any corresponding similar regulation or ruling).
       (9) United states person.--The term ``United States 
     person'' has the meaning given that term in section 576.319 
     of title 31, Code of Federal Regulations (or any 
     corresponding similar regulation or ruling).
       (g) Sunset.--This section shall cease to be effective 
     beginning on January 1, 2022.
                                 ______
                                 
  SA 930. Mr. McCAIN (for Mr. Rubio) submitted an amendment intended to 
be proposed by Mr. McCain 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:

                 Subtitle __--Combating BDS Act of 2017

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Combating BDS Act of 
     2017''.

     SEC. __02. NONPREEMPTION OF MEASURES BY STATE AND LOCAL 
                   GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE 
                   IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS 
                   ACTIVITIES TARGETING ISRAEL.

       (a) State and Local Measures.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (b) 
     to divest the assets of the State or local government from, 
     prohibit investment of the assets of the State or local 
     government in, or restrict contracting by the State or local 
     government for goods and services with--
       (1) an entity that the State or local government 
     determines, using credible information available to the 
     public, knowingly engages in a commerce-related or 
     investment-related boycott, divestment, or sanctions activity 
     targeting Israel;
       (2) a successor entity or subunit of an entity described in 
     paragraph (1); or
       (3) an entity that owns or controls, is owned or controlled 
     by, or is under common ownership or control with, an entity 
     described in paragraph (1).
       (b) Requirements.--A State or local government that seeks 
     to adopt or enforce a measure under subsection (a) shall meet 
     the following requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each entity to which a measure under 
     subsection (a) is to be applied.
       (2) Timing.--The measure shall apply to an entity not 
     earlier than the date that is 90 days after the date on which 
     written notice is provided to the entity under paragraph (1).
       (3) Opportunity for comment.--The State or local government 
     shall provide an opportunity to comment in writing to each 
     entity to which a measure is to be applied. If the entity 
     demonstrates to the State or local government that the entity 
     has not engaged in a commerce-related or investment-related 
     boycott, divestment, or sanctions activity targeting Israel, 
     the measure shall not apply to the entity.
       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (a) with respect 
     to an entity unless the State or local government has made 
     every effort to avoid erroneously targeting the entity and 
     has verified that the entity engages in a commerce-related or 
     investment-related boycott, divestment, or sanctions activity 
     targeting Israel.
       (c) Notice to Department of Justice.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 30 days after adopting a measure described in 
     subsection (a), the State or local government that adopted 
     the measure shall submit written notice to the Attorney 
     General describing the measure.
       (2) Existing measures.--With respect to measures described 
     in subsection (a) adopted before the date of the enactment of 
     this Act, the State or local government that adopted the 
     measure shall submit written notice to the Attorney General 
     describing the measure not later than 30 days after the date 
     of the enactment of this Act.
       (d) Nonpreemption.--A measure of a State or local 
     government that is consistent with subsection (a) is not 
     preempted by any Federal law.
       (e) Effective Date.--This section applies to any measure 
     adopted by a State or local government before, on, or after 
     the date of the enactment of this Act.
       (f) Prior Enacted Measures.--
       (1) In general.--Notwithstanding any other provision of 
     this section or any other provision of law, and except as 
     provided in paragraph (2), a State or local government may 
     enforce a measure described in subsection (a) adopted by the 
     State or local government before the date of the enactment of 
     this Act without regard to the requirements of subsection 
     (b).
       (2) Application of notice and opportunity for comment.--A 
     measure described in paragraph (1) shall be subject to the 
     requirements of subsection (b) on and after the date that is 
     2 years after the date of the enactment of this Act.
       (g) Rules of Construction.--
       (1) Authority of states.--Nothing in this section shall be 
     construed to abridge the authority of a State to issue and 
     enforce rules governing the safety, soundness, and solvency 
     of a financial institution subject to its jurisdiction or the 
     business of insurance pursuant to the Act of March 9, 1945 
     (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly 
     known as the ``McCarran-Ferguson Act'').
       (2) Policy of the united states.--Nothing in this section 
     shall be construed to alter the established policy of the 
     United States concerning final status issues associated with 
     the Arab-Israeli conflict, including border delineation, that 
     can only be resolved through direct negotiations between the 
     parties.
       (3) Scope of nonpreemption.--Nothing in this section shall 
     be construed as establishing a basis for preempting or 
     implying preemption of State measures relating to boycott, 
     divestment, or sanctions activity targeting Israel that are 
     outside the scope of subsection (a).
       (h) Definitions.--In this section:
       (1) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' means

[[Page S5153]]

     any pension, retirement, annuity, or endowment fund, or 
     similar instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (2) Boycott, divestment, or sanctions activity targeting 
     israel.--The term ``boycott, divestment, or sanctions 
     activity targeting Israel'' means any activity that is 
     intended to penalize, inflict economic harm on, or otherwise 
     limit commercial relations with Israel or persons doing 
     business in Israel or in Israeli-controlled territories for 
     purposes of coercing political action by, or imposing policy 
     positions on, the Government of Israel.
       (3) Entity.--The term ``entity'' includes--
       (A) any corporation, company, business association, 
     partnership, or trust; and
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))).
       (4) Investment.--The term ``investment'' includes--
       (A) a commitment or contribution of funds or property;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, 
     American Samoa, Guam, the United States Virgin Islands, and 
     any other territory or possession of the United States.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State and any agency or 
     instrumentality thereof; and
       (C) any other governmental instrumentality of a State or 
     locality.

     SEC. __03. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       Section 13(c)(1) of the Investment Company Act of 1940 (15 
     U.S.C. 80a-13(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) engage in any boycott, divestment, or sanctions 
     activity targeting Israel described in section __02 of the 
     Combating BDS Act of 2017.''.
                                 ______
                                 
  SA 931. Mrs. ERNST 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 C of title XII, add the following:

     SEC. ___. SENSE OF CONGRESS ON THE ISLAMIC STATE OF IRAQ AND 
                   THE LEVANT.

       It is the sense of the Congress that--
       (1) the Islamic State of Iraq and the Levant (ISIS) poses 
     an acute threat to the people, government, and territorial 
     integrity of Iraq, including the Iraqi Sunni, Shia, and 
     Kurdish communities and religious and ethnic minorities in 
     Iraq, and to the security and stability of the Middle East 
     and beyond;
       (2) the defeat of the Islamic State of Iraq and the Levant 
     is critical to maintaining a unified Iraq in which all 
     faiths, sects, and ethnicities are afforded equal protection 
     and full integration into the Government and society of Iraq; 
     and
       (3) the United States should, in coordination with 
     coalition partners, continue necessary support to the 
     security forces of or associated with the Government of Iraq 
     that have a national security mission in their fight against 
     the Islamic State of Iraq and the Levant.
                                 ______
                                 
  SA 932. Ms. KLOBUCHAR (for herself and Mr. Tillis) 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 G of title X, add the following:

     SEC. 1088. ESTABLISHMENT OF CENTER OF EXCELLENCE IN 
                   PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, 
                   AND REHABILITATION OF HEALTH CONDITIONS 
                   RELATING TO EXPOSURE TO BURN PITS AND OTHER 
                   ENVIRONMENTAL EXPOSURES.

       (a) In General.--Subchapter II of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7330C. Center of excellence in prevention, diagnosis, 
       mitigation, treatment, and rehabilitation of health 
       conditions relating to exposure to burn pits and other 
       environmental exposures

       ``(a) Establishment.--(1) The Secretary shall establish 
     within the Department a center of excellence in the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of health conditions relating to exposure to 
     burn pits and other environmental exposures to carry out the 
     responsibilities specified in subsection (d).
       ``(2) The Secretary shall establish the center of 
     excellence under paragraph (1) through the use of--
       ``(A) the directives and policies of the Department in 
     effect as of the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2018;
       ``(B) the recommendations of the Comptroller General of the 
     United States and Inspector General of the Department in 
     effect as of such date; and
       ``(C) guidance issued by the Secretary of Defense under 
     section 313 of the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1074 note).
       ``(b) Selection of Site.--In selecting the site for the 
     center of excellence established under subsection (a), the 
     Secretary shall consider entities that--
       ``(1) are equipped with the specialized equipment needed to 
     study, diagnose, and treat health conditions relating to 
     exposure to burn pits and other environmental exposures;
       ``(2) have a track record of publishing information 
     relating to post-deployment health exposures among veterans 
     who served in the Armed Forces in support of Operation Iraqi 
     Freedom and Operation Enduring Freedom;
       ``(3) have access to animal models and in vitro models of 
     dust immunology and lung injury consistent with the injuries 
     of members of the Armed Forces who served in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom; and
       ``(4) have expertise in allergy, immunology, and pulmonary 
     diseases.
       ``(c) Collaboration.--The Secretary shall ensure that the 
     center of excellence collaborates, to the maximum extent 
     practicable, with the Secretary of Defense, institutions of 
     higher education, and other appropriate public and private 
     entities (including international entities) to carry out the 
     responsibilities specified in subsection (d).
       ``(d) Responsibilities.--The center of excellence shall 
     have the following responsibilities:
       ``(1) To provide for the development, testing, and 
     dissemination within the Department of best practices for the 
     treatment of health conditions relating to exposure to burn 
     pits and other environmental exposures.
       ``(2) To provide guidance for the health systems of the 
     Department and the Department of Defense in determining the 
     personnel required to provide quality health care for members 
     of the Armed Forces and veterans with health conditions 
     relating to exposure to burn pits and other environmental 
     exposures.
       ``(3) To establish, implement, and oversee a comprehensive 
     program to train health professionals of the Department and 
     the Department of Defense in the treatment of health 
     conditions relating to exposure to burn pits and other 
     environmental exposures.
       ``(4) To facilitate advancements in the study of the short-
     term and long-term effects of exposure to burn pits and other 
     environmental exposures.
       ``(5) To disseminate within medical facilities of the 
     Department best practices for training health professionals 
     with respect to health conditions relating to exposure to 
     burn pits and other environmental exposures.
       ``(6) To conduct basic science and translational research 
     on health conditions relating to exposure to burn pits and 
     other environmental exposures for the purposes of 
     understanding the etiology of such conditions and developing 
     preventive interventions and new treatments.
       ``(7) To provide medical treatment to veterans diagnosed 
     with medical conditions specific to exposure to burn pits and 
     other environmental exposures.
       ``(e) Use of Burn Pits Registry Data.--In carrying out its 
     responsibilities under subsection (d), the center of 
     excellence shall have access to and make use of the data 
     accumulated by the burn pits registry established under 
     section 201 of the Dignified Burial and Other Veterans' 
     Benefits Improvement Act of 2012 (Public Law 112-260; 38 
     U.S.C. 527 note).
       ``(f) Definitions.--In this section:
       ``(1) The term `burn pit' means an area of land located in 
     Afghanistan or Iraq that--
       ``(A) is designated by the Secretary of Defense to be used 
     for disposing solid waste by burning in the outdoor air; and
       ``(B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.
       ``(2) The term `other environmental exposures' means 
     exposure to environmental hazards, including burn pits, dust 
     or sand, hazardous materials, and waste at any site in 
     Afghanistan or Iraq that emits smoke containing pollutants 
     present in the environment or smoke from fires or 
     explosions.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of

[[Page S5154]]

     such title is amended by inserting after the item relating to 
     section 7330B the following new item:

``7330C. Center of excellence in prevention, diagnosis, mitigation, 
              treatment, and rehabilitation of health conditions 
              relating to exposure to burn pits and other environmental 
              exposures.''.
                                 ______
                                 
  SA 933. 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:

       Strike section 2702 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 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

[[Page S5155]]

     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 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

[[Page S5156]]

     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 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

[[Page S5157]]

     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 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

[[Page S5158]]

     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 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

[[Page S5159]]

     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 
     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

[[Page S5160]]

     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 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,

[[Page S5161]]

     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 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

[[Page S5162]]

     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 934. 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 appropriate place, insert the following:

     SEC. ___. SHORT-TERM CONTINUATION OF FUNDING FOR THE UNITED 
                   STATES MERCHANT MARINE ACADEMY.

       (a) In General.--Section 51301 of title 46, United States 
     Code, is amended by adding at the end the following:
       ``(d) Continuing Funding.--Out of any funds in the general 
     fund of the Treasury not otherwise appropriated, there are 
     hereby appropriated such sums as may be necessary to continue 
     the operations of the United States Merchant Marine Academy 
     for any period, not to exceed 2 weeks in any fiscal year, 
     during which interim or full-year appropriations are not in 
     effect for the United States Merchant Marine Academy.''.
       (b) Sunset.--The amendment made by subsection (a) shall 
     remain in effect until the date that is 2 years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 935. Mr. McCONNELL (for Ms. Warren (for herself and Mr. Heller)) 
proposed an amendment to the bill S. 327, to direct the Securities and 
Exchange Commission to provide a safe harbor related to certain 
investment fund research reports, and for other purposes; as follows:

       On page 2, line 14, insert ``, other than a broker or 
     dealer that is an investment adviser to the fund or an 
     affiliated person of the investment adviser to the fund'' 
     before the dash.
       On page 8, strike line 6 and insert the following:
       (e) Exception.--The safe harbor under subsection (a) shall 
     not apply to the publication or distribution by a broker or a 
     dealer of a covered investment fund research report, the 
     subject of which is a business development company or a 
     registered closed-end investment company, during the time 
     period described in section 230.139(a)(1)(i)(A)(1) of title 
     17, Code of Federal Regulations, except where expressly 
     permitted by the rules and regulations of the Securities and 
     Exchange Commission under the Federal securities laws.
       (f) Definitions.--For purposes of this Act:
       (1) The term ``affiliated person'' has the meaning given 
     the term in section 2(a) of the Investment Company Act of 
     1940 (15 U.S.C. 80a-2(a)).
       On page 8, line 15, strike ``(1)'' and insert ``(2)''.
       On page 9, line 20, strike ``(2)'' and insert ``(3)''.
       On page 10, line 2, insert ``, or any research report 
     published or distributed by any broker or dealer that is an 
     investment adviser (or an affiliated person of an investment 
     adviser) for the covered investment fund'' before the period 
     at the end.
       On page 10, line 3, strike ``(3)'' and insert ``(4)''.
       On page 10, after line 4, add the following:
       (5) The term ``investment adviser'' has the meaning given 
     the term in section 2(a) of the Investment Company Act of 
     1940 (15 U.S.C. 80a-2(a)).
       On page 10, line 5, strike ``(4)'' and insert ``(6)''.
       On page 10, line 10, strike ``(5)'' and insert ``(7)''.
                                 ______
                                 
  SA 936. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the 
bill S. 1311, to provide assistance in abolishing human trafficking in 
the United States; as follows:

       On page 41, in the matter preceding line 1, strike the 
     items relating to sections 22 through 26 and insert the 
     following:

Sec. 22. Understanding the effects of severe forms of trafficking in 
              persons.
Sec. 23. Combating trafficking in persons.
Sec. 24. Grant accountability.
Sec. 25. HERO Act improvements.

       On page 41, between lines 15 and 16, insert the following:
       (2) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by striking ``2019'' and inserting 
     ``2023'';
       On page 41, line 16, strike ``(2)'' and insert ``(3)''.
       On page 41, line 20, strike ``(3) in'' and insert ``(4) 
     in''.
       On page 63, strike lines 1 through 16 and insert the 
     following:

     SEC. 22. UNDERSTANDING THE EFFECTS OF SEVERE FORMS OF 
                   TRAFFICKING IN PERSONS.

       On page 65, strike line 1 and insert the following:

     SEC. 23. COMBATING TRAFFICKING IN PERSONS.

       On page 66, strike line 13 and insert the following:

     SEC. 24. GRANT ACCOUNTABILITY.

       On page 72, strike lines 21 through 24 and insert the 
     following:

     SEC. 25. HERO ACT IMPROVEMENTS.

       (a) In General.--Section 890A of the Homeland Security Act 
     of 2002 (6 U.S.C. 473) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``Homeland Security 
     Investigations,'' after ``Customs Enforcement,''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Purpose.--The Center shall provide investigative 
     assistance, training, and equipment to support domestic and 
     international investigations of cyber-related crimes by the 
     Department.'';
       (2) in subsection (b)--
       On page 73, strike lines 7 through 10 and insert the 
     following:
       (i) in subparagraph (B)--
       On page 73, line 17, strike ``(iii)'' and insert ``(ii)''.
       On page 73, line 19, strike ``(iv)'' and insert ``(iii)''.
       On page 73, line 21, strike ``(2) in'' and insert ``(3) 
     in''.
       On page 74, line 1, strike ``(DF/DOMEX)''.
       On page 74, line 13, strike ``and''.

[[Page S5163]]

       On page 74, strike line 16 and all that follows through 
     page 79, line 15, and insert the following:
       ``(e) HERO Child-Rescue Corps.--
       ``(1) Establishment.--
       ``(A) In general.--There is established within the Center a 
     Human Exploitation Rescue Operation Child-Rescue Corps 
     Program (referred to in this section as the `HERO Child-
     Rescue Corps Program'), which shall be a Department-wide 
     program, in collaboration with the Department of Defense and 
     the National Association to Protect Children.
       ``(B) Private sector collaboration.--As part of the HERO 
     Child-Rescue Corps Program, the National Association to 
     Protect Children shall provide logistical support for program 
     participants.
       ``(2) Purpose.--The purpose of the HERO Child-Rescue Corps 
     Program shall be to recruit, train, equip, and employ members 
     of the Armed Forces on active duty and wounded, ill, and 
     injured veterans to combat and prevent child exploitation, 
     including in investigative, intelligence, analyst, 
     inspection, and forensic positions or any other positions 
     determined appropriate by the employing agency.
       ``(3) Functions.--The HERO Child-Rescue Program shall--
       ``(A) provide, recruit, train, and equip participants of 
     the Program in the areas of digital forensics, investigation, 
     analysis, intelligence, and victim identification, as 
     determined by the Center and the needs of the Department; and
       ``(B) ensure that during the internship period, 
     participants of the Program are assigned to investigate and 
     analyze--
       ``(i) child exploitation;
       ``(ii) child pornography;
       ``(iii) unidentified child victims;
       ``(iv) human trafficking;
       ``(v) traveling child sex offenders; and
       ``(vi) forced child labor, including the sexual 
     exploitation of minors.
       ``(f) Paid Internship and Hiring Program.--
       ``(1) In general.--The Secretary shall establish a paid 
     internship and hiring program for the purpose of placing 
     participants of the HERO Child-Rescue Corps Program (in this 
     subsection referred to as `participants') into paid 
     internship positions, for the subsequent appointment of the 
     participants to permanent positions, as described in the 
     guidelines promulgated under paragraph (3).
       ``(2) Internship positions.--Under the paid internship and 
     hiring program required to be established under paragraph 
     (1), the Secretary shall assign or detail participants to 
     positions within United States Immigration and Customs 
     Enforcement or any other Federal agency in accordance with 
     the guidelines promulgated under paragraph (3).
       ``(3) Placement.--
       ``(A) In general.--The Secretary shall promulgate 
     guidelines for assigning or detailing participants to 
     positions within United States Immigration and Customs 
     Enforcement and other Federal agencies, which shall include 
     requirements for internship duties and agreements regarding 
     the subsequent appointment of the participants to permanent 
     positions.
       ``(B) Preference.--The Secretary shall give a preference to 
     Homeland Security Investigations in assignments or details 
     under the guidelines promulgated under subparagraph (A).
       ``(4) Term of internship.--An appointment to an internship 
     position under this subsection shall be for a term not to 
     exceed 12 months.
       ``(5) Rate and term of pay.--After completion of initial 
     group training and upon beginning work at an assigned office, 
     a participant appointed to an internship position under this 
     subsection who is not receiving monthly basic pay as a member 
     of the Armed Forces on active duty shall receive compensation 
     at a rate that is--
       ``(A) not less than the minimum rate of basic pay payable 
     for a position at level GS-5 of the General Schedule; and
       ``(B) not more than the maximum rate of basic pay payable 
     for a position at level GS-7 of the General Schedule.
       ``(6) Eligibility.--In establishing the paid internship and 
     hiring program required under paragraph (1), the Secretary 
     shall ensure that the eligibility requirements for 
     participation in the internship program are the same as the 
     eligibility requirements for participation in the HERO Child-
     Rescue Corps Program.
       ``(7) Hero corps hiring.--The Secretary shall establish 
     within Homeland Security Investigations positions, which 
     shall be in addition to any positions in existence on the 
     date of enactment of this subsection, for the hiring and 
     permanent employment of graduates of the paid internship 
     program required to be established under paragraph (1).''; 
     and
       (3) in subsection (g), as so redesignated--
       (A) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (B) by adding at the end the following:
       ``(2) Allocation.--Of the amount made available pursuant to 
     paragraph (1) in each of fiscal years 2018 through 2022, not 
     more than $10,000,000 shall be used to carry out subsection 
     (e) and not less than $2,000,000 shall be used to carry out 
     subsection (f).''.
                                 ______
                                 
  SA 937. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to the 
bill S. 1312, to prioritize the fight against human trafficking in the 
United States; as follows:

       Beginning on page 69, strike line 23 and all that follows 
     through page 70, line 6.
       On page 70, line 7, strike ``(e)'' and insert ``(d)''.
       On page 73, strike line 22 and insert the following:
     requests for funding under clause (i).
       ``(iii) Before amounts are distributed from the Fund to a 
     department or agency for the purpose described in clause (i), 
     the Director shall evaluate whether the activities proposed 
     to be carried out by such department or agency would 
     duplicate services that are provided by another department or 
     agency of the Federal Government (including the Department of 
     Justice) using amounts from the Fund, and impose measures to 
     avoid such duplication to the greatest extent possible.''.
       On page 79, strike lines 18 through 23 and insert the 
     following:
       (A) emphasizes a multidisciplinary, collaborative effort by 
     law enforcement officers who provide a broad range of 
     investigation and prosecution options in response to 
     perpetrators, and victim service providers, who offer 
     services and resources for victims;
       On page 87, line 17, strike ``comprehensive''.
       On page 88, line 1, strike ``comprehensive''.
                                 ______
                                 
  SA 938. Mrs. ERNST (for herself and 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:

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

     SEC. ___. AH-64 APACHE HELICOPTER PROGRAM.

       (a) Basing Decisions.--The Secretary of Defense shall halt 
     any decisions or actions taken pursuant to the Army 
     Restructuring Initiative (ARI) or recommendations of the 2016 
     National Commission on the Future of the Army (NCFA) relating 
     to the basing and force structure of AH-64 Apache 
     helicopters.
       (b) Analysis.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the congressional defense committees a report with 
     findings of the updated and current analysis related to the 
     AH-64 Apache helicopter program, with respect to regular, 
     Reserve, and National Guard forces, which shall be 
     incorporated in the modernization strategy for the total Army 
     required in section 1062, and shall take into particular 
     account--
       (1) current and projected readiness data for relevant units 
     in the total Army;
       (2) current and anticipated pilot attrition, retention, and 
     training in the total Army, with consideration for 
     contractual training obligations for coalition partner 
     nations;
       (3) current trends and policy, without constraints from the 
     Budget Control Act of 2011 (Public Law 112-25), the Army 
     Aviation Restructuring Initiative, and the National 
     Commission on the Future of the Army (NCFA); and
       (4) the total number of Attack Reconnaissance Battalions 
     and Heavy Armed Reconnaissance Squadrons needed in the total 
     Army.
       (c) Resumption of Training.--In order to increase AH-64 
     Apache training capacity, the Secretary of Defense shall 
     resume AH-64 Army National Guard training at an additional 
     location which has demonstrated recent historical capability 
     to meet AH-64 pilot training requirements and increase 
     capacity of AH-64 pilots across the Army, Army National 
     Guard, and coalition partner nations.
                                 ______
                                 
  SA 939. Mr. REED (for himself, Mr. McCain, Mr. Cardin, Mr. Brown, Mr. 
Whitehouse, and Mr. Durbin) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, to authorize appropriations for 
fiscal year 2018 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. STRATEGY ON COUNTERING THE THREAT OF MALIGN 
                   INFLUENCE BY THE RUSSIAN FEDERATION.

       (a) Findings.--The Congress makes the following findings:
       (1) On October 7, 2016, the Department of Homeland Security 
     and the Office of the Director National Intelligence issued a 
     joint statement warning that ``[t]he U.S. Intelligence 
     Community (USIC) is confident that the Russian Government 
     directed the recent compromises of e-mails from U.S. persons 
     and institutions, including from U.S. political 
     organizations. The recent disclosures of alleged hacked e-
     mails on sites like DCLeaks.com and WikiLeaks and by the 
     Guccifer 2.0 online persona are consistent with the methods 
     and motivations of Russian-directed efforts. These thefts and 
     disclosures are intended to interfere with the U.S.

[[Page S5164]]

     election process. Such activity is not new to Moscow--the 
     Russians have used similar tactics and techniques across 
     Europe and Eurasia, for example, to influence public opinion 
     there. We believe, based on the scope and sensitivity of 
     these efforts, that only Russia's senior-most officials could 
     have authorized these activities''.
       (2) On January 6, 2017, a unanimous report from the United 
     States intelligence community, including the Central 
     Intelligence Agency, the National Security Agency, the 
     Federal Bureau of Investigation, and the Office of the 
     Director of National Intelligence, assessed that Russia 
     President Putin ``ordered an influence campaign in 2016 aimed 
     at the U.S. presidential election'' and that ``Russia's goals 
     were to undermine public faith in the U.S. democratic 
     process''.
       (3) The Russian Federation has conducted similar influence 
     campaigns in European countries designed to undermine the 
     North Atlantic Treaty Organization (NATO), the European Union 
     (EU), and other democratic institutions of free societies, 
     and violated the sovereignty and territorial integrity of 
     European countries such as Ukraine and Georgia through the 
     use of force.
       (4) Aggressive operations by the Russian Federation and its 
     proxies to influence, interfere with and undermine the core 
     institutions and processes of democratic and free societies, 
     including elections and independent media, pose a threat to 
     the national security of the United States, to the 
     transatlantic relationships, and to the multilateral 
     institutions underpinning the global order, including the 
     North Atlantic Treaty Organization and the European Union.
       (b) Statement of United States Policy.--It is the policy of 
     the United States to employ a whole-of-government approach, 
     utilizing all tools of national power, to effectively counter 
     the threat of malign influence by the Russian Federation 
     while remaining true to the core values and principles of the 
     United States.
       (c) Strategy Required.--
       (1) Strategy.--Not later than 120 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a comprehensive strategy 
     to counter the threat of malign influence by the Russian 
     Federation.
       (2) Scope of strategy.--The strategy required by paragraph 
     (1) shall include actions as follows:
       (A) To identify and defend against the threat of malign 
     influence by the Russian Federation, including--
       (i) the use of misinformation, disinformation, and 
     propaganda in social and traditional media;
       (ii) corrupt or illicit financing of political parties, 
     think tanks, media organizations, and academic institutions; 
     and
       (iii) the use of coercive economic tools, including 
     sanctions, market access, and differential pricing, 
     especially in the energy sector.
       (B) To deter, and respond when necessary, to malicious 
     cyber activities by the Russian Federation, including through 
     the use of offensive cyber capabilities consistent with the 
     policy specified in section 1621.
       (C) To promote the core values and principles of the United 
     States, enhance the transatlantic relationship, strengthen 
     good governance and democracy among our European allies and 
     partners, and further integration into multilateral 
     institutions underpinning the global order, including the 
     North Atlantic Treaty Organization and the European Union.
       (3) Elements.--The strategy required by paragraph (1) shall 
     include the following elements:
       (A) Threat assessment.--An assessment of the nature and 
     extent of the threat of malign influence by the Russian 
     Federation to the national security of the United States and 
     our allies and partners, including the following:
       (i) An identification of the countries and institutions 
     that are most vulnerable to malign influence by the Russian 
     Federation.
       (ii) A description of the active measures and other 
     techniques that the Government of the Russian Federation uses 
     in the conduct of influence activities.
       (iii) A description of the key decision-makers, 
     organizational structures, proxies and agents of the 
     Government of the Russian Federation in its conduct of 
     influence activities against the United States and its allies 
     and partners.
       (B) Security measures.--Actions to counter the use of 
     force, coercion, and other hybrid warfare operations of the 
     military, intelligence, and other security forces of the 
     Russian Federation, including the following:
       (i) Actions to build the military presence and capabilities 
     of military and security forces of the United States and 
     European allies and partners to deter and respond to 
     aggression by the Russian Federation.
       (ii) Actions to improve indications and warnings, and 
     capabilities to identify and attribute responsibility for the 
     use of force, coercion, or other hybrid warfare operations by 
     the Russian Federation.
       (iii) Actions to support North Atlantic Treaty Organization 
     allies and non-North Atlantic Treaty Organization partners in 
     maintaining their sovereignty and territorial integrity.
       (C) Information operations.--Actions to counter information 
     operations of the Russian Federation, including the 
     following:
       (i) Actions to identify and attribute malign 
     disinformation, active measures, propaganda, and deception 
     and denial activities of the Russian Federation in the United 
     States and Europe, through traditional and social media.
       (ii) The establishment of interagency mechanisms for the 
     coordination and implementation of the strategy with respect 
     to disinformation, active measures, propaganda, and deception 
     and denial activities of the Russian Federation.
       (iii) Actions to strengthen the effectiveness of and fully 
     resource the Global Engagement Center to carry out its 
     purpose specified in section 1287(a)(2) of National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) 
     to lead, synchronize, and coordinate efforts of the Federal 
     Government to recognize, understand, expose, and counter 
     propaganda and disinformation efforts by the Russian 
     Federation, other foreign governments, and non-State actors.
       (iv) Programs to strengthen investigative journalism and 
     media independence abroad in countries most vulnerable to 
     malign Russian influence.
       (v) Actions to build resilience to disinformation, active 
     measures, propaganda, and deception and denial activities of 
     the Russian Federation in the United States and other 
     countries vulnerable to malign Russian influence.
       (vi) Efforts to work with traditional and social media 
     providers to counter the threat of malign influence by the 
     Russian Federation.
       (D) Cyber measures.--Actions to counter the threat of 
     malign influence by the Russian Federation in cyberspace, 
     including the following:
       (i) Actions to implement the policy of the United States on 
     cyberspace, cybersecurity, and cyber warfare specified in 
     section 1621.
       (ii) Programs to educate citizens, information technology 
     experts, and private sector organizations in the United 
     States and abroad to enhance their resilience to malign 
     influence by the Russian Federation in cyberspace.
       (E) Political and diplomatic measures.--Actions to counter 
     malign political influence by the Russian Federation in the 
     United States and among our European allies and partners, 
     including the following:
       (i) Programs and activities to enhance the resilience of 
     United States democratic institutions and infrastructure at 
     the national and subnational levels.
       (ii) Programs, working through the Department of State and 
     the United States Agency for International Development, to 
     promote good governance and enhance democratic institutions 
     abroad, particularly in countries deemed most vulnerable to 
     malign influence by the Russian Federation.
       (iii) Actions within the United Nations, the Organization 
     for Security and Cooperation in Europe, and other multi-
     lateral organizations to counter malign influence by the 
     Russian Federation.
       (iv) Actions to identify organizations or networks of 
     individuals affiliated with or collaborating with the 
     Government of the Russian Federation or proxies of the 
     Russian Federation in the United States or our European 
     allies and partners.
       (F) Financial measures.--Actions to counter corrupt and 
     illicit financial networks of the Russian Federation in the 
     United States and abroad, including the following
       (i) Actions to promote the transparency of corrupt and 
     illicit financial transactions of the Russian Federation, and 
     other anti-corruption measures.
       (ii) Actions to maintain and enhance the focus within the 
     Department of the Treasury on tracing corrupt and illicit 
     financial flows linked to the Russian Federation that 
     interact with the United States financial system and exposing 
     beneficial ownership and opaque Russia-related business 
     transactions of significant importance.
       (iii) Actions to build the capacity of financial 
     intelligence units of allies and partners.
       (iv) Actions to enhance financial intelligence cooperation 
     between the United States and the European Union.
       (G) Energy security measures.--Actions to promote the 
     energy security of our European allies and partners, and to 
     reduce their dependence on energy imports from the Russian 
     Federation that the Russian Federation uses as a weapon to 
     coerce, intimidate, and influence those countries, including 
     the following:
       (i) Actions to develop plans, working with the governments 
     of our European allies and partners to enhance energy market 
     liberalization, effective regulation and oversight, energy 
     reliability, and energy efficiency.
       (ii) Actions to work with the European Union to promote the 
     growth of liquefied natural gas trade and expansion of the 
     gas transport infrastructure in Europe.
       (iii) Actions to promote a dialogue within the North 
     Atlantic Treaty Organization on a coherent, strategic 
     approach to energy security for North Atlantic Treaty 
     Organization members and partner nations.
       (H) Promotion of values.--Actions to promote United States 
     values and principles to provide a strong, credible 
     alternative to malign influence by the Russian Federation, 
     including the following:
       (i) Actions to promote our alliance structure, the 
     importance for United States national security of 
     transatlantic security, and the continued integration of 
     countries within multilateral institutions within Europe.
       (ii) Public diplomacy and outreach to the people of the 
     Russian Federation.

[[Page S5165]]

       (d) Consistency With Prior Legislation.--The strategy 
     developed pursuant to subsection (c) shall be consistent with 
     the following:
       (1) The Countering America's Adversaries Through Sanctions 
     Act (Public law 115-44).
       (2) The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 
     et seq.).
       (3) The Sovereignty, Integrity, Democracy, and Economic 
     Stability of Ukraine Act of 2014 (22 U.S.C. 8901 et seq.).
       (4) The Sergei Magnitsky Rule of Law Accountability Act of 
     2012 (22 U.S.C. 5811 note).
       (e) Appropriate Committees of Congress Defined.--In the 
     section the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Appropriations, the 
     Committee on the Judiciary, the Committee on Banking, Housing 
     and Urban Affairs, and the Select Committee on Intelligence 
     of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Appropriations, the 
     Committee on the Judiciary, the Committee on Financial 
     Services, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.

                          ____________________