E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, TUESDAY, JUNE 19, 2018 No. 102 Senate The Senate met at 10 a.m. and was The spending agreement we passed in al competition among great powers, it called to order by the President pro March achieved several critical objec- is vital that we maintain a robust and tempore (Mr. HATCH). tives. It broke the arbitrary limits on well-maintained nuclear deterrent. f funding for our Armed Forces. It deliv- This legislation puts forward the funds ered the largest year-on-year increase to continue safeguarding our stockpile PRAYER in resources for our troops in more and prepare the Nation for existing and The Chaplain, Dr. Barry C. Black, of- than a decade. It provided record levels future nuclear threats. fered the following prayer: of veterans funding, with increased It also includes record funding for Let us pray. oversight and modernization. It se- the Department of Energy’s Office of Eternal Lord God, today give our cured major resources for infrastruc- Science for research into subjects like lawmakers zeal with knowledge that ture improvements. It took steps to new energy technologies and advanced they will order their priorities for Your prevent school violence. It scaled up computing. There are also funds for glory. Remind them to strive to bring research, treatment, and prevention fossil fuel research, particularly for deliverance to captives, the recovery of funding to fight opioid addiction. It coal carbon capture. In addition to our energy future, the sight to the morally blind, and freedom was a product of bipartisan, bicameral legislation bolsters infrastructure ini- to the downtrodden. As our Senators negotiations with the White House. tiatives. It provides ample support for make plans, give them faith to know But while the spending agreement the future of America’s water re- that Your purposes will prevail. As achieved a lot, it wasn’t anybody’s best sources. It directs nearly $7 billion to case scenario. No Senator on either they cultivate reverence for You, bless the Army Corps of Engineers for main- side of the aisle was thrilled with the them with life, security, and peace. taining our ports and inland water- May they remember that You are able process, nor was the President, nor ways, protecting our shores, and reduc- to do immeasurably, abundantly above were the American people. ing the damage caused by flooding. all that they can ask or imagine ac- We all agreed that we owe Americans These funds will keep us on track to cording to Your power working in and a more functional process for allo- meet national priorities, but I can also through them. cating their hard-earned money. So testify to the impact this legislation We pray in Your strong Name. Amen. here in the Senate, we made it a top bi- will have on communities across the f partisan priority to bring some regular country, including in my home State of order back into the process. Kentucky. Earlier this year I asked PLEDGE OF ALLEGIANCE Led by Chairman SHELBY, Ranking Secretary Perry to take a visit with The President pro tempore led the Member LEAHY, and all the sub- me to the Paducah Gaseous Diffusion Pledge of Allegiance, as follows: committee leadership, our Appropria- Plant in western Kentucky. I was glad I pledge allegiance to the Flag of the tions Committee has engaged in pre- he took me up on the offer. At the United States of America, and to the Repub- cisely the kind of thorough, considered plant, Secretary Perry noted that we lic for which it stands, one nation under God, committee work that ought to define ‘‘have a moral responsibility’’ to prop- indivisible, with liberty and justice for all. the appropriations process. Thanks to erly decommission the site. The legis- f their hard work, the full Senate can lation before us is an important step to now take up this package, which in- fulfill that responsibility to the com- RECOGNITION OF THE MAJORITY cludes appropriations for Energy and LEADER munity and to the thousand-plus work- Water Development, Military Con- ers dedicated to environmental clean- The PRESIDING OFFICER (Mrs. struction and Veterans Affairs, and the up. HYDE-SMITH). The majority leader is legislative branch. We will be consid- This legislation also provides funding recognized. ering it on the floor this week. for the Appalachian Regional Commis- f Keeping families and communities sion to help deliver infrastructure im- safe, defending our Nation, and upgrad- provements to distressed counties in ENERGY AND WATER ing our economic foundation, the En- Kentucky and the region. It funds im- APPROPRIATIONS BILL ergy and Water components in this leg- portant civil works projects like the Mr. MCCONNELL. Madam President, islation address each of these national Olmsted Locks and Dam and the Ken- one of the top goals for the Senate this priorities. For example, they provide tucky Lock. These are critical to the year was to recover a regular appro- for critical improvements in the safe- free flow of commerce along Ken- priations process. It has been a long ty, security, and readiness of our Na- tucky’s 1,900-plus miles of inland wa- time since the system worked as in- tion’s nuclear arsenal. Today, as the terways and the 13,000 maritime jobs tended. Nation enters a period of renewed glob- they support.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.000 S19JNPT1 S4012 CONGRESSIONAL RECORD — SENATE June 19, 2018 These are just a few examples from ORDER FOR PRINTING—H.R. 5515 legal requirements, but we have an ad- my State. The reality is that this legis- Mr. MCCONNELL. Madam President, judication process that in the past did lation supplies needed support to com- I ask unanimous consent that H.R. not require the separation of parents munities all across our country. 5515, as amended, be printed as passed. from their children. The Trump admin- Energy matters to all Americans. The PRESIDING OFFICER. Is there istration has decided, of its own will Water infrastructure matters to all objection? and volition, to take a crueler, more Americans. I urge everyone to join me Without objection, it is so ordered. callous, and indeed more expensive and in supporting this bill. (The bill, H.R. 5515, as amended, as time-consuming approach. passed by the Senate is printed in to- A bipartisan group of former U.S. at- f day’s RECORD under Morning Business.) torneys wrote yesterday that ‘‘the Zero Tolerance policy is a radical departure f from previous Justice Department pol- TAX REFORM RESERVATION OF LEADER TIME icy, and that it is dangerous, expen- Mr. MCCONNELL. On another mat- The PRESIDING OFFICER. Under sive, and inconsistent with the values ter, Madam President, yesterday Gal- the previous order, the leadership time of the institution in which we served.’’ lup reported that the percentage of is reserved. Yet President Trump acts as if his Americans who are satisfied with the f hands are tied, as if it is not up to him, way things are going in our country is as if somehow Congress and Democrats CONCLUSION OF MORNING are to blame for a policy his adminis- as high as it has been since 2005. That BUSINESS is a nearly 13-year high. It is no won- tration instituted, defended, and many der, with an ongoing economic expan- The PRESIDING OFFICER. Morning members of the administration con- sion creating jobs across the Nation business is closed. tinue to defend—most recently the and our unemployment rate at its low- f Homeland Security Secretary. The truth is that the Trump adminis- est level since the year 2000. Consumers ENERGY AND WATER, LEGISLA- tration announced this new zero toler- are confident. Manufacturers are con- TIVE BRANCH, AND MILITARY ance policy at the border in April. Even fident. Small businesses are optimistic. CONSTRUCTION AND VETERANS they hadn’t done it before that, so they AFFAIRS APPROPRIATIONS ACT, As I have said many times, Wash- weren’t required. The Trump adminis- 2019 ington doesn’t deserve all the credit for tration decided to criminally prosecute this. The government does not create The PRESIDING OFFICER. Under every single illegal border case, instead prosperity. American workers and job the previous order, the Senate will re- of simply deporting them. That is what creators do. But public policy does set sume consideration of H.R. 5895, which changed—Donald Trump, of his own vo- the stage. Bad policy can make job cre- the clerk will report. lition, changing the policy into a much ation, wage growth, and capital invest- The senior assistant legislative clerk crueler one. He was supported by his ment much more difficult. Good policy read as follows: whole administration—by much of his can make these things easier. Take the A bill (H.R. 5895) making appropriations administration. historic tax reform that Republicans for energy and water development and re- Chief of Staff Kelly called the policy passed just last year. lated agencies for the fiscal year ending Sep- ‘‘a tough deterrent.’’ Secretary of In addition to immediate tax relief tember 30, 2019, and for other purposes. Homeland Security Kirstjen Nielson for middle-class families and small Pending: has defended the policy, as have Attor- businesses, we also sought to improve Shelby amendment No. 2910, in the nature ney General Sessions, White House Ad- our long-term foundation by making of a substitute. visor Stephen Miller, and several other America a more attractive place to Alexander amendment No. 2911 (to amend- members of the administration. start a business, expand a business, and ment No. 2910), to make a technical correc- Last night on FOX News, Attorney tion. invest for the future. That is why tax General Sessions characterized the reform allowed for full and immediate The PRESIDING OFFICER. The Sen- family separation policy as a deterrent. expensing of capital investments and ator from Vermont. When President Trump tweets made corporate rates more competi- Mr. LEAHY. Madam President, I sug- ‘‘CHANGE THE LAWS’’ and that his tive. We are starting to see signs that gest the absence of a quorum. policy is the result of a law that The PRESIDING OFFICER. The businesses, large and small, are taking ‘‘Democrats forced . . . upon our na- clerk will call the roll. notice. tion,’’ he is ignoring reality; he is con- The senior assistant legislative clerk tradicting his own administration. As A few weeks ago, the Wall Street proceeded to call the roll. commentator after commentator— Journal reported that ‘‘U.S. companies Mr. SCHUMER. Madam President, I Democrat, Republican, liberal, con- are ramping up spending on their busi- ask unanimous consent that the order servative—has said: President Trump is nesses at the fastest pace in years.’’ for the quorum call be rescinded. simply not telling the truth, and in a One recent analysis projected that the The PRESIDING OFFICER. Without cowardly way. S&P 500 businesses’ spending on new objection, it is so ordered. factories, equipment, and other capital No law—no law—requires the separa- RECOGNITION OF THE MINORITY LEADER tion of families at the border. That is investments in the first quarter of 2018 The Democratic leader is recognized. would be nearly 25 percent more than just not true. FORCED FAMILY SEPARATION they spent in the first quarter of just At the Republican convention, Presi- Mr. SCHUMER. Madam President, last year. dent Trump said about the problems of Members of both parties—and I believe the Nation that ‘‘I alone can fix it.’’ In What about small business? Just a the vast majority of Americans—re- the case of family separation, it is ac- few weeks ago, a leading industry sur- main concerned about the Trump ad- tually true. vey showed 62 percent of owners report- ministration’s zero tolerance policy, Mr. President, you alone can fix it. ing recent capital outlays, on the heels which has resulted in thousands of The President alone can fix this with of the most positive sales trends since families being separated at the border. a flick of a pen. 1995. Anyone who has seen the photos, heard Mr. President, you should fix it. If Major, business-changing equipment the audio of small children, alone and you don’t want to change this cruel is being purchased. Ribbons are being afraid, crying out for their parents, policy, at least admit it is your deci- cut on new facilities. The long-term cannot help but feel horror and disgust sion. Blaming others falsely is cheap, foundations for a stronger economy are about what is going on. That is not easy, and dishonest—a cheap way out, literally being poured. Republicans are America. That is not the America we unbecoming of any President. proud that we helped make this hap- know and love and the generations be- President Trump, if you are truly pen. We are getting Washington out of fore us have known and loved. ashamed of what is happening at the the way so American prosperity can Clearly, no one should be allowed border, get your team together and take flight. into this country who doesn’t meet the undo this policy. If you don’t want to

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.002 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4013 change the policy, you need to take re- of the aisle—it is harder for them to law. In April of this year, I began sponsibility and own up to it. oppose the President than it is for us— working with Vice Chairman LEAHY ZTE had the courage of their convictions and our colleagues on the Appropria- Madam President, on ZTE, last not only to speak out but also to sup- tions Committee to put into motion an night, the Senate passed the National port this legislation, despite the oppo- aggressive schedule to mark up all 12 Defense Authorization Act, fulfilling sition of their party’s President. appropriations bills before the July 4 its annual duty to authorize funding It is rare, indeed, when SCHUMER, recess. Thus far, the committee has for our Nation’s military and update VAN HOLLEN, RUBIO, and COTTON issue a passed seven of these bills. This week, our national security policy. As a part joint statement, but on this issue, we the committee will mark up three ad- of the bill, a bipartisan amendment to all agree. It is an issue that transcends ditional bills, and in the final week of reinstate sanctions against Chinese party and concerns the vital national June, we will consider the remaining telecom giant ZTE passed as well. security interests of this great United two. At the moment, we are right on Although many have probably not States of America. I am very glad that schedule. heard of ZTE, Americans of all stripes for the sake of the country, we were What has been truly remarkable, should be cheering this news because in able to come together and pass this however, is not the speed of the 2019 ap- the views of many experts, if we allow amendment. propriations process but the biparti- ZTE into this country, China and its HEALTHCARE sanship that has given it new life. All government will use our phones to spy Madam President, on healthcare, seven of the bills passed by the com- on each of us, our companies, with today, we expect the Trump adminis- mittee thus far have garnered over- their great technology, and our mili- tration to issue a new rule that would whelming bipartisan support. Most of tary. That is why so many people are expand junk insurance plans that don’t them, in fact, have been approved against ZTE being allowed into this cover critical conditions and are far unanimously. This is no small accom- country. In my view, the same would from comprehensive health coverage. plishment in today’s partisan political be true of Huawei, the other big Chi- These plans may not include coverage environment. nese telecom company. for maternity care, may not include At this point, I pause to recognize ZTE, backed by China’s Government, coverage for mental health treatment, Vice Chairman LEAHY’s significant has flouted U.S. sanctions and lied may not include coverage for emer- contributions to this effort. Senator about it. The FCC, the FBI, and the gency services, newborn care, prescrip- LEAHY and I have known each other for Pentagon have all issued stern warn- tion drugs. Worse still, these plans many decades now. In fact, our com- ings about the national risk posed by weaken protections for Americans with bined years on the Appropriations ZTE’s technology. Allowing the sale of preexisting conditions. Finalizing this Committee exceed the ages of many of ZTE technology in the United States rule is simply the latest act of sabo- our colleagues. could allow China to spy on every tage of our healthcare system by the On this basis, we came together at American’s private information, on Trump administration and a back door the outset of the process and deter- American businesses, and even on our to expanding junk insurance plans, mined that only by uniting would ap- military. It is a security risk. which benefit the insurance industry propriations bills make it to the Sen- Why is President Trump, in a simple but hurt the average American. ate floor and beyond. He and I made a call with President Xi, just letting it That is why more than 95 percent of deal, the essence of which POLITICO continue? Fines don’t matter at all to the healthcare groups that filed com- succinctly summarized in the headline this giant company. They will still ments about this proposed rule were of a recent article, entitled: ‘‘Poison pose the same security risk before and opposed to it. No single group that rep- pills banished from Senate spending after they pay a fine. resents physicians, patients, hospitals, bills.’’ That is what we hope. When the Trump administration or nurses is supportive. Not one. You As part of this deal, Vice Chairman reached a sweetheart deal with ZTE to are always going to find people who LEAHY and I agreed to reject not only go easy on them, folks in Congress can make a fast buck putting together partisan riders—our own too—but also from both parties were shaking their a healthcare plan that does very little new authorizations in the 2019 appro- heads in disbelief. China is the single for people as they collect money from priations bills. We resolved that Sen- most significant threat to American them. Our responsibility is to not allow ators on both sides who would be look- jobs and American intellectual prop- that. In this Congress, we had done ing to authorize new law in appropria- erty—the lifeblood of our economy. that. President Trump is undoing it. tions bills would be referred to the ap- ZTE represents that threat. There is no The Trump administration and Re- propriate authorizing committees. As good reason to take it easy on them. publicans in Congress should work with the appropriations process has un- It is important that Members of both Democrats in a bipartisan way to make folded, I have honored this deal, Vice parties—some of the most conservative healthcare more affordable instead of Chairman LEAHY has honored this deal, Members of this body, some of the taking actions that jack up costs on and our subcommittee chairmen and most liberal Members of this body, and middle-class families and those who ranking members have honored this everyone in between—have stood up are sick and need healthcare the most. deal. The results speak for themselves. and said that we shouldn’t be forgiving I yield the floor. Last week, for example, the Interior, ZTE. It is now vital that our House col- The PRESIDING OFFICER. The Sen- Environment, and Related Agencies ap- leagues keep this bipartisan provision ator from Alabama. propriations bill passed unanimously in the national defense bill as it heads Mr. SHELBY. Madam President, just out of committee. One would have to toward a conference. They should not 3 months ago, Congress passed and the go back nearly 10 years to find the last let the pressure of President Trump, President signed a $1.3 trillion omnibus time the Interior bill garnered such who simply doesn’t know how to nego- spending package for the year 2018. No strong bipartisan support. tiate—President Xi flatters him, and one had time to read it, much less an I recognize that today we are still he gives in on something vital to na- opportunity to amend it on the floor. early in the game and that many con- tional security. They should not let The President vowed that never again tentious issues lie ahead, but I believe President Trump pressure them into would he sign such a measure. Collec- we have established a framework for reducing American security, both eco- tively, we lamented the absence of success in returning to regular order. nomic and defense. They should not let process and the excess of partisanship It is now time to translate this success President Trump pressure them into that had led to that point once again. to the Senate floor. Members of the Ap- allowing ZTE to spy on every one of us, The collapse of regular order had be- propriations Committee, including the which they could very well do. come the new normal, despite our Presiding Officer, through their dis- Before moving on, I want to take a usual resolutions to revive it. cipline and adhering to this frame- moment to thank Senators COTTON and I am pleased to report today that the work, have demonstrated that their pe- RUBIO for working with Senator VAN Senate Appropriations Committee has rennial calls for a return to regular HOLLEN and me and the rest of us on charted a different course in the order have not been hollow. We will this issue. My friends on the other side months since the 2018 omnibus became begin today to discover whether the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.003 S19JNPT1 S4014 CONGRESSIONAL RECORD — SENATE June 19, 2018 full Senate is equally sincere in its re- pill riders, and we are not considering poison pill riders from the left or the solve. new authorizations of law, but we are right. The bill before us does just that. The package before the Senate com- interested in discussing substantive The chairman and I—and we are the bines three fiscal year 2019 measures amendments that are germane to this ones who have to spend the time on the that have been recently approved by package. This is the path, I believe, floor—want a real debate of the spend- the Appropriations Committee: the En- that leads us back to regular order. It ing measure. Members should come to ergy and Water Development appro- is my hope that we will not be led the floor, offer amendments, and de- priations bill, the Military Construc- astray, down the path of delay and par- bate them. Yet, if we are going to suc- tion, Veterans Affairs, and Related tisanship, which would result in yet ceed in moving this bill through the Agencies appropriations bill, and the another omnibus. That is no way to Senate, Members on both sides of the Legislative Branch appropriations bill. fund the government. aisle need to show restraint as we did The Energy and Water Development Let’s debate and dispose and do our when we marked up these bills in com- bill provides $43.7 billion in discre- job on behalf of the American people. mittee and refrain from offering con- tionary funding—a $566 million in- Let’s demonstrate to the American troversial legislative matters or other crease over the 2018-enacted level. The people that our collective call for a re- poison pills as amendments. Offer those bill addresses critical national security turn to regular order was not just for on authorizing bills, where they should needs concerning nuclear energy, while show. Let’s complete our work on this be, and debate them there. it also improves our water infrastruc- package in a timely manner so we can The appropriations bills that make ture and invests in basic science and move on to the considerable work that up the minibus before us contain fund- energy research for this Nation. lies ahead. ing for important programs and make a Senators ALEXANDER and FEINSTEIN, I take this moment to thank all Sen- real difference in people’s lives, cer- the chairman and ranking member of ators for their input and their coopera- tainly in the lives of those in every the Energy and Water Development tion in this process thus far. Senator’s State—in Vermont and Subcommittee, have crafted, I believe, I yield the floor. across the Nation. We should not derail a balanced, bipartisan bill that passed The PRESIDING OFFICER. The Sen- this process because of unrelated policy the full committee by a 30-to-1 margin. ator from Vermont. riders. If we do this—if both sides of The Military Construction, Veterans Mr. LEAHY. Madam President, I ap- the aisle can show restraint—we will Affairs, and Related Agencies bill—the preciate the comments from my friend, take a very important step in getting second bill—provides $97.1 billion in the chairman of the Appropriations this process back on track and putting discretionary funding, which is $5.1 bil- Committee. As many know, Chairman the Senate back to where it should be. lion above the 2018-enacted level. This SHELBY and I have been friends for dec- Let’s talk about the Military Con- bill supports investments that will en- ades. We have traveled to different struction and Veterans Affairs bill. It sure maximum readiness and parts of the world and tried to promote dedicates considerable resources to the warfighting capability for our troops, the U.S. agenda. We have worked very support and care of our veterans, in- while it also provides funding for need- closely together. That is why we are cluding $2 billion to address the main- ed improvements and innovations at opening debate on the first set of ap- tenance backlog at our VA hospitals the VA. propriations bills for fiscal year 2019. and clinics. We agreed to that in the bi- Senators BOOZMAN and SCHATZ, the The minibus before us contains the En- chairman and ranking member of the partisan budget deal, and we have it in ergy and Water Development appro- MILCON, VA, and Related Agencies this bill. It also has critical funding for Subcommittee, wrote a strong bill that priations bill, the Military Construc- medical care and research, hospital and received unanimous support of the full tion and Veterans Affairs appropria- clinic construction, and disability and committee. tions bill, and the Legislative Branch pension programs. Finally, the Senate’s Legislative appropriations bill. These bills have The Energy and Water Development Branch bill provides $3.3 billion in dis- strong bipartisan support. bill invests in our country’s water in- cretionary funding, which is $68 million On each subcommittee, I compliment frastructure and energy programs. It above the 2018-enacted level. This bill, the chairs and ranking members, who also provides funding to support our the third bill, makes important invest- worked very closely together and set rural communities and farmers, which ments in the safety and security of aside partisan labels to get these bills will benefit not just Vermont but the those who are working in Congress and before the full committee so that Sen- rest of the Nation. All of us have rural those citizens who are guests, visiting ator SHELBY and I could then bring areas in our States, and this will ben- our Capitol. Chairman DAINES and them up for votes in the full com- efit them. I am pleased that the bill Ranking Member MURPHY, of the Leg- mittee. So far, we have reported from supports much needed repairs and im- islative Branch Subcommittee, also the committee 7 of the 12 annual appro- provements in our environmental in- drafted a strongly bipartisan bill that priations bills, each with overwhelming frastructure and in our energy infra- garnered the unanimous support of the bipartisan support—I almost want to structure and that it strengthens inno- full Appropriations Committee. reemphasize that: each with over- vative ways to deliver these critical as- I thank Chairmen ALEXANDER, BOOZ- whelming bipartisan support—at a sets. MAN, and DAINES and Ranking Members time when it is as though nothing can From a parochial point of view, I FEINSTEIN, SCHATZ, and MURPHY this be done in a bipartisan way. I think we know it makes Vermont more resilient morning for their continued hard work have set the example of the way the to the change in climate and violent and leadership on these bills. Senate was, should be and can be. weather events. All one has to do is As we move to the consideration of As one who has been in this body for look at the map. It makes every State these bills today on the floor, I urge all almost 44 years, I like to see the Sen- more resilient, which is what we need. Members to submit any amendments ate work the way it should. In fact, we Once again, the bill includes strong they have as soon as possible. Vice are going to mark up three of the five funding for the weatherization program Chairman LEAHY and I are committed remaining bills this week. The chair- and, of course, helps families in to having an open amendment process, man and I are committed to making Vermont, the Northeast, and northern as are each of the subcommittee chair- the appropriations process work again. States across the country. Families in men and ranking members, who will be So far, in committee, it has. In that re- Vermont can struggle with high home managing their respective parts of spect, I thank, again, my good friend heating prices during the cold winter these legislative packages. Just as they Senator SHELBY for his leadership and months, when it is not unusual to have worked diligently to accommodate as bipartisan cooperation, which has days or a week during which it is below many Members’ requests as possible helped us achieve these results so far. zero. during the committee process, they in- Our best chance for restoring regular The bill wisely rejects several of the tend to accommodate as many amend- order and avoiding the need to do an administration’s budget proposals by ments as they can on the floor. omnibus spending bill at the end of the making real investments in renewable To recap for the benefit of the Mem- year is to abide by the bipartisan-bi- energy and energy efficiency programs. bers, we are not interested in poison cameral budget agreement and avoid That is going to accelerate diversified

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.005 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4015 and sustainable energy production in Mr. BOOZMAN. Madam President, I lations around the world, $388 million every part of our country and support am pleased to present the Military to improve schools, and $366 million for American innovation in the private Construction, Veterans Affairs, and Re- hospitals and medical clinics. sector as well as the many world-class lated Agencies appropriations bill for We were also able to address $498 mil- research institutions across the coun- fiscal year 2019. This is a bipartisan bill lion worth of construction priorities try. I want to see American innovation that funds the critical infrastructure identified in the services’ unfunded pri- being supported. This bill will create for our Nation’s servicemembers and ority lists, which will allow the serv- and sustain American jobs. their families and takes care of Amer- ices to fund their highest priority un- The Legislative Branch bill provides ica’s 20 million veterans. funded projects. funding for the Senate at large, as well As in years past, this subcommittee The bill contains $921 million for as to cover the House of Representa- crafted the bill in a truly open and bi- overseas contingency operations and tives, the Library of Congress, the partisan and collegial way. The sub- the European Deterrence Initiative to Copyright Office, the Architect of the committee took into account the re- improve infrastructure and facilities Capitol, and the Capitol Police. In ad- quests and preferences of all Members throughout the European theater to dition, it supports the Congressional on both sides of the aisle and balanced help our allies deter further Russian Budget Office and the Government Ac- it with the administration’s budget aggression and address threats from countability Office, which are essential submission. Within this framework, we the Middle East and North Africa. to our oversight functions. I support have created a thoughtful and respon- In summary, this is a good bill. It this package of bills that came from sible path forward for both Depart- was reported out of committee without the committee, and I urge other Mem- ments and our related agencies. a single dissenting vote, and I hope we bers to do the same. A lot of time and energy have gone will have unanimous support when we Let me just mention one issue briefly into putting this legislation together, vote on the final package. I ask my col- that relates to veterans’ healthcare. and I thank Senator SCHATZ and his leagues to support this bill. The Military Construction and Vet- staff for working so hard to address the I thank Senators SHELBY and LEAHY erans Affairs bill has one serious prob- needs of our servicemembers and vet- for their support in putting this bill to- lem, and Chairman SHELBY and I are erans. gether. Again, I thank Senator SCHATZ committed to fixing it. The bill does This bill provides $97.1 billion in dis- and his staff for working with us in not provide money to cover the costs cretionary spending, which is $5.1 bil- such a bipartisan and cooperative man- that are associated with the VA Choice lion over last year’s level. Within that, ner. Of course, I thank all of my staff Program, which was transferred to the the Department of Veterans Affairs is for all their efforts and the hard work discretionary side of the budget under provided a new record level of re- it takes to put something of this mag- the VA MISSION Act. It will become sources at $86.4 billion in discretionary nitude together. part of a new consolidated community funding, which is $5 billion over last With that, Madam President, I yield care program to be funded in this bill. year’s level and $1.1 billion over the back. Unfortunately, the MISSION Act pro- President’s request. These resources The PRESIDING OFFICER. The Sen- vides funding for this program only will provide healthcare and other im- ator from Hawaii. through May of 2019, leaving the bal- portant benefits earned by U.S. service- Mr. SCHATZ. Madam President, I am ance unaddressed. To cover the short- members. pleased to join my colleague from Ar- fall, we are going to need an estimated This bill provides $78.3 billion to sup- kansas, the chairman of the Military $1.6 billion more in fiscal year 2019 and port medical treatment and healthcare, Construction and Veterans Affairs Ap- an additional $8.6 billion in fiscal year including $8.6 billion for mental health, propriations Subcommittee in pre- 2020 and $9.5 billion in fiscal year 2021. including funds to prevent veteran sui- senting this bill for consideration be- These costs were not accounted for fore the full Senate. I thank him for when we negotiated the budget caps in cide; $861 million for the caregivers his work to create a fair and bipartisan the bipartisan budget deal, so the program; $400 million for opioid misuse bill. I also thank the Appropriations chairman and ranking member of the prevention and treatment; and $270 Committee chairman and vice chair- subcommittee were unable to address million for rural health initiatives. The bill also includes funds to pre- the shortfall within their allocation man for their leadership and commit- vent veterans’ homelessness, invest in without cutting funding for other im- ment to an orderly process to bring portant programs. We do our veterans innovative medical research, eliminate these bills and all the appropriations no favors if we promise care but then the claims backlog, provide for State bills to the floor. This is the first set of not back it up and say: Oh, by the way, extended-care facility construction, appropriations bills before the Senate we are not going to pay for it. Senator and support the Board of Veterans Ap- this year. We are making good peals’ efforts to address the growing progress, and in the next few days, we SHELBY and I are working to find a so- lution to provide the flexibility needed appellate backlog. are going to set the tone for the rest of to make sure, having made this prom- The bill provides $10.3 billion to sup- our work this year on appropriations. ise to our veterans, we can carry out port military construction and family This bill builds on the progress we the promise. We hope to offer an housing needs—a $228 million increase made in the omnibus by providing crit- amendment later this week to address over last year’s level. This will fund a ical funding to support our veterans, this issue. total of 169 military construction servicemembers, and their families. It In conclusion, I look forward to the projects that restore warfighter readi- also funds military construction debate on the appropriations bill before ness and increase the lethality of our projects that are needed to continue us, and I ask Senators—all 100 of us—to installations. These projects support our work to address years of budgetary work with us to restore the appropria- beddown of new platforms, such as the risk-taking that have led to neglected tions process. We can only achieve suc- F–35 and KC–46, and provide invest- facilities tied to military readiness. cess if we return to regular order and ments that support nuclear deterrence In total, the bill provides the VA pledge to work together. To give an ex- and air superiority. Pier replacements with nearly $5 billion more than last ample that Chairman SHELBY and I and dry dock improvements will add year’s bill and adds more than $200 mil- have set, the 31 members of the Senate capability and enhance mission readi- lion for military construction. Appropriations Committee voted over- ness. Improvements to airfields, I am particularly pleased that we whelmingly on both sides of the aisle ranges, and maintenance and training were able to fund $500 million worth of for these bills. So I thank the chair- facilities will contribute to current and unfunded military construction re- man, and I also thank the sub- future force readiness. quirements. While increased funding committee chairs and ranking mem- This bill provides resources to im- must continue to be requested and sus- bers because they worked like mad, prove the quality of life for service- tained in future years, this funding and they got it done. members and their families. It provides makes progress to restore military With that, I yield the floor. $1.6 billion to provide homes and re- readiness across the joint force, includ- The PRESIDING OFFICER. The Sen- lated housing services to servicemem- ing, importantly, for the Army and Air ator from Arkansas. bers and their families living on instal- National Guard that have served as an

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.006 S19JNPT1 S4016 CONGRESSIONAL RECORD — SENATE June 19, 2018 operational reserve for nearly two dec- growth then turns into tinder during a To the people of Colorado who may ades of war. drought. have scheduled a vacation or planned a The increased funding for the VA will That is, unfortunately, what we have vacation in Durango and Silverton, CO: go where it will do the most good for seen in parts of Colorado this year. Know that these towns remain open, our veterans and their families, and Many parts of Colorado are experi- that you can still go to Durango, CO, that includes $400 million to combat encing some of the driest conditions that you can still go down the river, the opioid epidemic, which is $18 mil- they have seen in 70 or 80 years. and that you can have an incredible lion above the budget request; $365 mil- On June 1, the 416 fire in Southwest time with your family. lion above the budget request for the Colorado was started. It started burn- I encourage people across this coun- caregivers program; nearly $500 million ing, and now about 35,000 acres of land try not to cancel their vacations, not above the omnibus for mental health have been gobbled up by this wildfire. to cancel their plans, but to go ahead services; an additional $87 million to There are also a number of other fires and visit. This town, this State, needs increase staffing to process veterans’ across Colorado: the Burro fire, the you now more than ever. I encourage disability claims appeals; and an addi- Buffalo Mountain fire, and there was a people to recognize that, yes, there tional $30 million to help deliver tele- fire between Redvale and Montrose, may be a fire in the forest, but it is not health services to remote and rural CO. in the town. It is perfectly safe to go areas. I come to the floor to bring attention visit, to be there, and I hope they will We also add funding for VA medical to some of the actions we have taken, because both Silverton and Durango care above the fiscal year 2019 advance though, that have helped with fighting need you now more than ever. appropriation that we provided in the these fires and to talk about policies We also know that our land managers omnibus. This includes an additional we need to put in place that can do a can use better policies in terms of re- $750 million for VA in-house care and $1 better job giving more tools to fight ducing fuel loads and making sure they billion to pay for privately provided these fires and what we can do to help can get into the forest to reduce the care through VA’s traditional commu- make firefighters do their jobs in a bet- potential for a serious conflagration— nity care programs. ter, safer way. the types of which we have seen more We all agree that VA’s community If you look at what we did these past and more of recently—to help give partners are essential to serving vet- years—a couple of months ago, we them better tools to cut through litiga- erans and ensuring access, especially in passed a bill that fixed the fire-bor- tion and the analysis paralysis that has rural areas, but privately provided care rowing crisis, which had consumed our tied our decision makers’ hands when cannot come at the expense of VA’s in- wildfire fighting budget each and every it comes to fighting fires. house medical services or other pro- year. What happened is that Congress One of the things I have heard at grams that are core to VA, and that is would fund firefighting based on a 10- other fires in Colorado, outside of the where the administration is trying to year rolling average, and then they 416 fire, is the concern about drones. I take us. Without budgetary relief, would exceed that cost of the fire- hope every person listening to speeches their efforts will leave a $38 billion fighting budget and consume other and the news reports will take to heart hole at VA and undermine its ability to parts of the Forest Service budget, that when you fly a drone, when you serve our veterans and their families. cannibalizing other parts that would go fly a UAV over a fire because you think I know that the chairman and vice toward mitigation to prevent next it would be neat to get pictures of it, chairman of the whole committee are year’s forest fires just to fund the fire- understand that you are putting peo- continuing to work with the leadership fighting efforts of this year’s fires. So ple’s lives at risk, and you are stop- and the chairman and ranking member we have never really caught up with ping—you are putting a halt—to sig- of the authorizing committee to fix the cycle. Over half of the budget of nificant elements of the firefighting ef- this issue so that we can fulfill our the Forest Service—at least prior to fort. promises to veterans, and on that, they this fix—was being consumed on fight- What do I mean by that? One drone will have my full support. ing forest fires. will shut down the air tanker pro- Madam President, I again thank This Congress did a great job with a gram—no more slurry efforts, no re- Chairman BOOZMAN and his staff and bipartisan fix that now actually allows tardant flying in, no more helicopters my staff for their hard work and col- us to treat it more like a normal, tra- flying in, no more airplanes flying in laboration that went into crafting this ditional disaster instead of and dropping retardant that can stop bipartisan bill. I will have more to say cannibalizing other funds within the the spread of the fire. Please, please, as we move forward this week. In the Forest Service. stop interfering with active fire- meantime, I encourage any of our col- I asked one of the Forest Service rep- fighting efforts. leagues who may have amendments to resentatives, employees, at the fire: SCOTT TIPTON and I will be intro- file those as soon as possible so that we Are you able to make better decisions ducing legislation that will increase can ensure that we have sufficient time knowing now that you have a budget penalties on people who are interfering to review them. fix in place? The answer was yes. So we with firefighting efforts by flying a Madam President, I yield the floor are actually able to fight fires. drone over a wildfire. It has to stop. It and suggest the absence of a quorum. We have a map right here. The city of is putting people’s lives at risk, and it The PRESIDING OFFICER. The Durango, CO, is basically right here. is certainly allowing these fires to clerk will call the roll. This fire is moving, and we are able to spread because they have to shut down The senior assistant legislative clerk fight this fire better, knowing that we their firefighting efforts. proceeded to call the roll. have the funding, the resources nec- We can’t fight these fires at night Mr. GARDNER. Mr. President, I ask essary, to adequately supply these fire- with tankers. We are working on that. unanimous consent that the order for fighting efforts. We have other legislation that will the quorum call be rescinded. At least as of a day ago, we haven’t allow night vision goggle research to The PRESIDING OFFICER (Mr. lost a home from this 35,000-acre fire, be done to help make this effort hap- YOUNG). Without objection, it is so or- even though nearly 2,000 homes have pen, to be able to help fight these fires, dered. been evacuated. I think that is a re- but we can’t do it now. So when you COLORADO WILDFIRES markable feat, an accomplishment. take out an hour or 2 or more of the Mr. GARDNER. Mr. President, last Great credit needs to go to the 1,300 day, that means those tankers can’t year, Colorado had a great snowpack in firefighter personnel who are on this get in, that means more acres are many areas of the State. In fact, the fire and the Burro fires 10 miles over burned, and that means more lives are moisture, rain, and snowpack in many the mountain. They have not lost a put at risk. Stop it. You are hurting areas of Colorado led to a lot of structure as a result of their efforts people. growth, a lot of great spring grass, and and the tools that we have helped to This is something for which we have a lot of undergrowth that came in. The give them. to give more tools to our decision mak- problem is, when you have a wet year To the personnel: Thank you for the ers and land managers to help reduce followed by a dry year, that same work that you continue to do. the fuel, cut through the litigation, the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.008 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4017 redtape, and reduce the number of law- The PRESIDING OFFICER. Without immediate action to roll back burden- suits that are preventing these forests objection, it is so ordered. some Obama administration regula- from being managed in a healthy man- TAX REFORM tions, and we got to work on reforming ner. Let’s do that. Then we have to Mr. THUNE. Mr. President, the good our outdated Tax Code. Six months ago make sure we continue with other poli- economic news keeps pouring in. CNBC this week, we passed historic tax re- cies to get more dollars on the ground reports that economic growth for the form. Before the Tax Cuts and Jobs for fuel-reduction efforts. second quarter of 2018 is ‘‘on track to Act, the Tax Code was not helping Long-term consequences of this fire, double 2017’s full-year pace.’’ businesses grow and create jobs. In though, will remain because long after In April, for the first time since the fact, it was doing the opposite, and the smoke is gone, the effects will be Bureau of Labor Statistics began that had real consequences for Amer- felt. When there is a rainstorm, we will tracking the data, the number of job ican workers. A small business owner have hydrophobic soil conditions that openings outnumbered the number of struggling to afford the hefty annual will create debris flows that go into the job seekers. In May, unemployment tax bill for her business was highly un- river, causing conduits to be impacted, dropped to its lowest level in 18 years. likely to be able to hire a new worker perhaps wiped out, and the viaducts Wages are growing at the fastest rate or to raise wages. A larger business that are going to be affected, the water since July 2009. Retail sales are up sig- struggling to stay competitive in the conduits that will be affected through nificantly, and small business opti- global marketplace while paying a sub- debris flows, the drinking water sys- mism has hit its second highest level stantially higher tax rate than its for- tems that could be impacted through- ever. A recent survey from the Na- eign competitors too often had limited out, and the flooding potential that tional Association of Manufacturers re- funds to expand or increase investment dramatically increases. Those effects ported that 77 percent of manufactur- in the United States. will have to be dealt with, but there ers plan to increase hiring as a result So we took action to improve the are other effects too. of tax reform, 72 percent plan to in- playing field for American workers by When you are dealing with businesses crease wages or benefits, and 86 percent improving the playing field for busi- here that rely on the use of the forest, report that they plan to increase in- nesses as well. To accomplish that, we particularly in the summer, those sea- vestments, which means new jobs and lowered tax rates across the board for sonal businesses are impacted right opportunities for workers. Those are a owners of small- and medium-sized now and are going to need help, and the lot of numbers, but they all boil down businesses, farms, and ranches. We low- Small Business Administration, the to one thing; that is, that life is get- ered our Nation’s massive corporate Department of Commerce, and others ting better for American families. tax rate, which up until January 1 was could help provide disaster relief to Yesterday, the Wall Street Journal the highest corporate tax rate in the these businesses. If you are relying on reported: ‘‘Economic confidence among developed world. We expanded business a forest for your business during the lower-income Americans has taken a owners’ ability to recover investments summer and that forest has been recent leap, the latest evidence that they make in their businesses, which closed, obviously your business is benefits of the economic expansion are frees up cash they can reinvest in their greatly impacted. That is something reaching a broader swath of workers.’’ operations and their workers, and we this Congress will have to continue to If there is one thing that is needed to brought the U.S. international tax sys- work through as we address the im- help people achieve the American tem into the 21st century so American pacts on seasonal businesses through- dream, it is a thriving economy. What businesses are not operating at a dis- out Colorado—and around the West, for do people think about when they think advantage next to their foreign com- that matter—that have been affected about the American dream? They petitors. by these wildfires. dream about starting a business from Now we are seeing the results. Com- To this Congress: Thank you for the their kitchen table and growing it into panies have announced higher wages, work you did to fix the practice of a thriving enterprise. They dream better retirement benefits, bonuses, in- firebombing, for putting an end to it, about a secure job that will allow them creased investment, new jobs, and and for allowing us to budget regularly to own a nice home, plus have extra to more. As I mentioned above, 77 percent for wildfires, making sure we have the take the kids to the beach each year, of manufacturers plan to increase hir- dollars necessary to do this without and save for education, retirement, and ing as a result of tax reform and 72 per- impacting forest programs that would those unexpected expenses. They dream cent plan to increase wages or benefits. have reduced next year’s fires. about landing a job at their dream Meanwhile, at the end of May, the Na- Let’s stop dangerous activities. Stop company and working their way up the tional Federation of Independent Busi- flying drones, interfering with ladder to the top; they dream about ness reported that a record-high per- wildfires. Let’s work on policies that fulfilling work that can turn into a ful- centage of small businesses had in- we can innovate to bring new science, filling career; and they dream about a creased compensation for their employ- new expertise, new research to allow us secure retirement with extra money to ees. Then there are the 100-plus utility to do a better job of fighting fires. treat the grandkids. Those are the companies that are lowering rates as a I hope people will remember that Du- types of things Americans dream about result of tax reform, the companies rango and Silverton remain open; all of when they think about the American boosting their education benefits to Colorado remains open. Come visit, and dream. help employees get the skills they need spend your time. There are great Well, it is pretty hard to accomplish for successful careers, the companies memories you could make with your any of those dreams if the economy is expanding parental leave benefits, the families in our forests, in our incred- stagnant or struggling. It is pretty low unemployment rate, the pace of ible and beautiful environment of Colo- hard to work your way up the ladder if wage growth, and so much more. rado and the West. your company is having to lay off peo- In short, as I mentioned earlier, life Mr. President, I thank you. This is ple. It is hard to buy a house or save is getting better for American families. one more important thing to remind us for the kids’ college if you don’t have Opportunities are expanding, pay- that we are all in this together, and I anything left over once you have paid checks are increasing, wages are grow- thank this Congress for the work they the bills. ing, benefits are growing, and that have done. During the last administration, the means more families are able to afford I yield the floor. economy did not thrive and, as a re- those car repairs or that downpayment I suggest the absence of a quorum. sult, American families struggled. So on a house. More families are able to The PRESIDING OFFICER. The when President Trump took office, Re- set aside money for their kids’ edu- clerk will call the roll. publicans and President Trump made cation, and more families are able to The senior assistant legislative clerk reversing our economic decline a pri- boost their retirement contributions. proceeded to call the roll. ority. Perhaps the two biggest drags on More families are looking forward to a Mr. THUNE. Mr. President, I ask our economy during the Obama admin- secure future. unanimous consent that the order for istration were burdensome regulations I am proud of the benefits the Tax the quorum call be rescinded. and an outdated tax code. So we took Cuts and Jobs Act is delivering for

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.010 S19JNPT1 S4018 CONGRESSIONAL RECORD — SENATE June 19, 2018 American families, and I am going to ner it is being utilized is even appro- time coming, and I truly hope it can be keep working for policies that will ex- priate. I can’t imagine there is any- maintained. I have been on the Appro- pand opportunities for families in this body in this body who even believes priations Committee for more than two country even further. that to be the case. Yet our President decades, and I have been saddened to I yield the floor. wakes up on a daily basis and decides watch as we have descended into par- I suggest the absence of a quorum. he is going to put in place policies that tisanship year after year and lessened The PRESIDING OFFICER. The are going to affect our Nation and oth- our influence as a committee. clerk will call the roll. ers and the citizens we represent, af- Believe it or not, it has been 21 years The senior assistant legislative clerk fecting them in major ways. since Congress passed all 12 appropria- proceeded to call the roll. So I am here today to say that I tions bills by October 1. Since then, we Mr. CORKER. Mr. President, I ask know pressure is going to build. I know have just staggered through a series of unanimous consent that the order for other countries are going to retaliate. continuing resolutions and omnibuses. the quorum call be rescinded. They have no choice but to retaliate. So I thank my colleagues on the Ap- The PRESIDING OFFICER. Without The citizens they represent would push propriations Committee for supporting objection, it is so ordered. them—are pushing them—to retaliate. this bill during markup, where we saw Mr. CORKER. Mr. President, I plan They have no choice. a vote of 30 to 1. I hope we will be able to speak more fully tomorrow on this We as a body have a responsibility at to maintain that spirit of bipartisan- topic, but the Constitution, as I know this time to reclaim our responsibil- ship on the floor, and I urge my col- the Presiding Officer knows and I know ities as they relate to tariffs and reve- leagues to refrain from offering poison others in the Chamber know, gives the nues. Allow the President to continue pill amendments, which would derail U.S. Congress the authority to deal to negotiate—allow him to do so—but our progress. with revenues and tariffs. when he completes his work, he should I believe this is a fair bill. It contains I know we are dealing with some reg- bring whatever it is he would like to tradeoffs and hard choices. I certainly ular order business during this week, impose on other countries—especially don’t agree with everything in it—par- and I am glad we are able to do so. I since he is using section 232 in ways ticularly the nuclear weapons por- congratulate my colleague—the other that it was never intended—he should tion—but I support passage of the bill Senator from Tennessee, our senior bring that to the Senate and to the by the Senate. Overall, the bill provides $43.8 billion Senator—for the way he is conducting House of Representatives, and we for the Army Corps of Engineers, the himself as it relates to dealing with ap- should decide. If section 232 is being Bureau of Reclamation, the Depart- propriations and the members of the abused in the way that it is, we should ment of Energy, and other agencies. Appropriations Committee for the decide what tariffs should be put in This is an increase of $566 million over work they have done to make sure we place. can move through this in a timely fiscal year 2018 levels. I plan to come back and speak on I want to highlight the fact that we fashion. this matter tomorrow. I hope that at From time to time, moments arise in received an increase in our nondefense some point—as pressure builds, as allocation of $474 million above 2018. U.S. history where Congress should as- chaos is created in other countries and sert its authority and play a calming This is a very generous allocation, and around the world, as our leadership it has allowed us to do the following: to role at a time when the world is roiling role in the world continues to take a from a President who wakes up each increase funding for reclamation pro- hit and be challenged, I hope the Sen- grams that prevent and mitigate the morning and decides the next steps he ate will rise to the occasion. is going to take against other coun- effect of drought throughout 19 western I thank those many people on both States; to increase funding for critical tries, as it relates to tariffs, with no sides of the aisle who have sponsored seeming strategy nor reasoning for Army Corps infrastructure; and to in- legislation to deal with this. I hope the crease funding for the Office of much of what he is doing. leader and the minority leader of the Science, the largest single supporter of We have an amendment we are seek- Senate will decide that this is an im- ing to make even better to hopefully basic scientific research in the United portant issue we need to take up and States. cause the Congress—the U.S. Senate that we will take action. We were also able to continue strong and the House of Representatives—to With that, I yield the floor. support for applied energy programs, take its rightful role as it relates to I suggest the absence of a quorum. particularly those that fund the devel- this tariff situation. The PRESIDING OFFICER. The opment of carbon-free renewable tech- Today, we had a number of small clerk will call the roll. nologies. businesses from Tennessee—I am sure The senior assistant legislative clerk Even with a more modest defense al- there are many from Indiana and Alas- proceeded to call the roll. location, we fund efforts to address the ka—that are wondering what in the Mrs. FEINSTEIN. Mr. President, I environmental legacy of the Cold War world they are waking up to as tariffs ask unanimous consent that the order in Tennessee, South Carolina, New just seem to be rolling off at the White for the quorum call be rescinded. Mexico, Washington, and other States. House—again, with no seeming strat- The PRESIDING OFFICER. Without The bill also funds key priorities in egy or thought, but just waking up and objection, it is so ordered. nuclear nonproliferation, including se- putting in place taxes on the American Mrs. FEINSTEIN. Mr. President, I curing radiological materials in hos- people, changing the relationships that rise in support of the appropriations pitals and industrial facilities in this have been built since World War II be- package currently under consideration, country and helping our international tween our Nation and others, in some particularly the section dealing with partners do the same. cases, appearing to take place over per- Energy and Water Development appro- Before I turn to nuclear weapons, I sonal tiffs the President may have priations. wish to speak briefly about nuclear against an individual or another com- I know my good friend Senator ALEX- waste. There are over 80,000 metric pany. That is not the way the United ANDER, the chairman of our Appropria- tons of spent fuel stored at 77 reactor States has led the world. We have a re- tions Energy and Water Subcommittee, sites in 33 States. The vast majority of sponsibility as a Congress over these spoke last evening. I have served as that is still stored in wet pools. This is matters. chairman or ranking member of that important because every one of us has Section 232 of the Trade Act has committee for the past 5 years—we communities struggling to deal with never been used like it is being used have alternated—and it has been a real their legacy nuclear waste. For the today, where we, in essence, are claim- pleasure and a great privilege for me to sixth year in a row, this bill includes a ing, under the guise of national secu- work with him. provision that would create a nuclear rity, tariffs being put in place against I also want to thank Senator SHELBY waste pilot program to allow for in- our neighbors and against our allies. I and Vice Chairman LEAHY. Perhaps terim, consent-based storage of com- don’t think there is a person in this people don’t know this, but they have mercial spent nuclear fuel. But I want body who believes the national secu- taken truly meaningful steps to return to say to all my colleagues in the Sen- rity waiver being utilized in the man- us to regular order. It has been a long ate, we need your support to get this

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.011 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4019 done. We have a bipartisan path here in Funding it simply does not make sense present their claims through normal, the Senate, but the House won’t budge. from either a budgetary or a strategic well-defined processes. There is no rea- They won’t support any nuclear waste perspective. son for somebody to go to the far proposal that isn’t Yucca Mountain. Despite my opposition to funding for reaches of the frontier, the border re- After all these years that have gone by, this nuclear warhead, I do recognize gion—the Wild Wild West, as I like to we can’t let another year go by with no that, in other ways, this is a balanced call it—and try to come in by illicit movement on nuclear waste. We need bill. It builds on the investments we means. There is simply no reason to do the Senate to be united, and we need were able to make in the fiscal year that if you have a legitimate claim for your help to push the House to stop 2018 omnibus. It provides another $200 asylum. holding our bipartisan pilot program million for water projects in the West, Nonetheless, many people opt to go hostage to their impossible demands on and it continues investments in clean that route anyway. For them, the Yucca Mountain. technologies that will help combat the Trump administration has made a deci- Finally, I want to speak briefly about effects of climate change. It is not per- sion to enforce our laws on the books nuclear weapons. Unfortunately, this fect. It is not the bill I would have by prosecuting adults in criminal court bill includes the $65 million requested written if I were chairman, but on bal- when they are apprehended crossing by the Trump administration to begin ance, I support this bill. I urge my col- our borders illegally. Those are laws to modify the existing W76 warhead for leagues to do so as well. passed by Congress, signed by the the new low-yield weapon. If fully fund- Once again, it is a great pleasure for President of the United States, and the ed, this new nuclear capability will be me to work with my chairman. We Trump administration has made the completed in just 2 years. have worked together now for over 5 logical decision that it is their respon- I strongly oppose funding for this years on this committee and produced sibility to enforce laws that are on the new nuclear weapon. I firmly believe a bill every year. Both of us have made books. we already have enough nuclear weap- compromises, and I am very proud of The relevant laws—the ones that ons, and the military actually agrees. the relationship. I thank the chairman. make it illegal to cross the border in When testifying before Congress on I yield the floor. the first place, a misdemeanor, and it March 20, 2018, Gen. John Hyten, the The PRESIDING OFFICER (Mr. often makes subsequent crossings commander of U.S. Strategic Com- CRUZ). The majority whip. much more serious—have been on the mand, said: FAMILY SEPARATION POLICY books for many decades, but they were I have everything I need today to deter Mr. CORNYN. Mr. President, yester- not always enforced by previous admin- Russia from doing anything against the day I spoke briefly about the ongoing istrations when families were involved. United States of America. We’re fully ready situation at the U.S.-Mexican border. Now, because of a number of Federal against any threat that exists today, with- It continues to be on my mind and on court decisions, consent decrees, and out a doubt. the minds of many others, including statutes, an adult must be separated That is the head of our nuclear forces the Presiding Officer, who has offered from a child as the legal process plays saying he has everything he needs. So some very constructive suggestions for its way out. why waste money on new nuclear how to address this situation. The reason I say that is we don’t weapons the military doesn’t need? Just as under the Obama administra- want children going to jail with an Not only do I share General Hyten’s tion in 2014, we have seen a surge of un- adult who is being processed for ille- belief that we already have enough nu- accompanied children and families gally entering the United States. Chil- clear weapons in general, but I also be- coming across our southern border dur- dren are, under current practice, placed lieve we definitely don’t need any low- ing the spring and summer months. At in a separate, safe setting. They are yield nuclear weapons in particular. the time, President Obama called it a not left unattended and fending for The Trump administration has ar- humanitarian crisis, and it truly was themselves against violent criminals gued that it needs this new nuclear and is. who are being detained by regular ICE weapon in order to have a propor- Between October 1 of last year and or Bureau of Prisons facilities. tionate response to a Russian first-use May 31 of this year, the number of fam- The relevant legal decisions, settle- of a low-yield weapon. That line of ar- ilies apprehended at the southwest bor- ments, and statutes are important to gument makes clear that the adminis- der rose by 58 percent, compared to the acknowledge because, as the New York tration is actually contemplating using same period a year earlier. Many of Times stated this past weekend, ‘‘Tech- nuclear weapons to fight limited nu- these individuals hail from Central nically, there is no Trump administra- clear wars. Just think about it. There America. Some have presented them- tion policy stating that illegal border is no such thing as a limited nuclear selves lawfully at ports of entry, but crossers must be separated from their war. We are kidding ourselves if we others have tried to enter illegally in children.’’ think there is, and the military agrees. more remote, unpopulated areas. Instead, there are many variables In February, Secretary of Defense Let me explain. I think Secretary that are hard to disentangle from one Jim Mattis said: Nielsen tried to make this distinction, another: the current administration’s I don’t think there is any such thing as a but I am not sure it quite penetrated. stepped-up enforcement directives, the ‘‘tactical nuclear weapon.’’ Any nuclear If someone shows up at a port of entry so-called Flores agreement, which re- weapon used any time is a strategic game- and asks for asylum, they have not vio- quires that children be held for no changer. lated our immigration laws, and their longer than 20 days, a Ninth Circuit I share Secretary Mattis’s view. I claim for asylum needs to be consid- opinion that applies Flores to family don’t believe there is any such thing as ered by the Border Patrol and by the units, protracted timelines for asylum a limited nuclear war. Once a nuclear immigration judge to whom their case claims, limited detention facilities, weapon is used by any country against is assigned. and a division of responsibility among any target, that is the end of us. There- If someone tries to enter the country ICE, Health and Human Services, and fore, I do not see any reason to develop between the ports of entry, they have other agencies. low-yield weapons. violated a Federal law. Secretary You can see how this quickly be- We have steadfastly funded the mod- Nielsen made the point that there is no comes enormously complex because of ernization of our nuclear stockpile and reason for people legitimately claiming the overlay of Federal law, consent de- its supporting infrastructure over the asylum to enter the country illegally crees, court judgments, and other di- past 8 years. Altogether, the Congres- when they can come through the ports vided responsibilities among Federal sional Budget Office estimates that of entry, much as Cubans have in times agencies. over the next 30 years, we will spend past during the existence of the so- Underlying this complex array of fac- $1.7 trillion to upgrade and maintain called wet foot, dry foot policy that tors is something pretty nearly all of our nuclear forces. But was later abrogated by President uncontroversial, though. I think every the low-yield submarine launched bal- Obama. Member of this Chamber will agree listic missile warhead is separate and People with a credible fear of perse- with the Trump administration that apart from the scope of that effort. cution in their home countries may we should never be placing children in

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.014 S19JNPT1 S4020 CONGRESSIONAL RECORD — SENATE June 19, 2018 prisons or jails with hardened crimi- Democrat alike—could rally behind. tions to the marketplace that in com- nals when their parents are being pros- Throughout the course of our discus- bination have created one of the most ecuted. sions, though, one point has become in- innovative, most competitive econo- By the same token, I and many oth- creasingly clear. All of us believe that mies in global history. ers certainly don’t want family mem- families crossing the border should be I am grateful for the leadership of bers to be separated from one another kept together. Where we differ is Senators ALEXANDER and FEINSTEIN, as a consequence of Department of whether we believe we should also en- the chair and ranking member of the Homeland Security and administration force our immigration laws. Energy and Water Subcommittee of officials enforcing the laws they are As I said, it need not be an either-or Appropriations, for having brought for- sworn to uphold. proposition. We can keep families uni- ward this balanced and thoughtful bill. What we are literally being told is fied and at the same time remain reso- I will remind my colleagues that for that there is a false choice here. You lute in enforcing our immigration laws. several years now, budgets presented can either enforce the law or unify In fact, Congress wrote them, and it is by the executive branch have proposed family members. We are hearing from within our prerogative to change them deep and harmful cuts to the many of our Democratic colleagues if we wish, but as long as they are on foundational, federally funded sci- that the administration ought to sim- the books, I believe everyone from the entific research upon which the success ply quit enforcing the law, but we all President of the United States on down of our innovation economy rests. I am have taken an oath to uphold and de- has a responsibility to enforce laws on thrilled that once again this year, on a fend the Constitution and laws of the the books. bipartisan basis, we are rejecting those United States. Whether you are a legis- The Trump administration has said cuts and, instead, investing signifi- lator, the President of the United that it will not tolerate any violations cantly more in Federal scientific re- States, the Secretary of Homeland Se- of those laws or any others and that all search. curity, the head of Immigration and offenders will remain on the table for I am grateful for the opportunity to Customs Enforcement, we have all prosecution. There is no reason for partner with my colleague, the Senator taken that same oath. anybody to oppose what I have laid from Colorado, in moving the sense of I know U.S. Customs and Border Pro- out. Either we are a nation of laws, the Senate. I am hopeful that it begins tection folks, like Manny Padilla and with a government that enforces them, to clarify on a bipartisan basis that David Higgerson and all the men and or we are a nation with no laws and this Chamber is committed to innova- women who work under them in the open borders. Rio Grande Valley, are trying to do I urge all of our colleagues on both tion, science, competitiveness, and re- what is required of them by their job; sides of the aisle to keep talking and search. With that, I urge my colleagues that is, to enforce the law. That is a keep an open mind. I believe that on a to support the amendment. good thing. We appreciate all they do. very contentious subject, like immi- PANCREATIC CANCER RESEARCH The answer to this current situation gration, we could literally come to- Mr. President, while we are waiting is a solution that allows us to both en- gether and resolve this situation swift- for floor action, I will briefly share force the law and keep families to- ly and ensure that these children are with my colleagues that my day began gether. They don’t have to be mutually kept with their families and the law is with my speaking to the Pancreatic exclusive. We have to keep family enforced, according to what the laws Cancer Action Network, which is made members together and prevent unnec- are on the books. up of more than 500 Americans who essary hardship, stress, and outrage. It The PRESIDING OFFICER. The Sen- have come from all 50 States and who is not our purpose to cause these chil- ator from Delaware. are all across Capitol Hill right now, dren, in particular, the children who Mr. COONS. Mr. President, as we meeting with those in offices of the have been brought across our border il- await a 12:15 p.m. vote, I want to urge House and the Senate. They are folks legally by their parents—we are not my colleagues to support the first who have lost loved ones—family mem- trying take it out on them or punish amendment that we will be voting on bers, relatives, neighbors—to one of the them. We have heard about the con- today—the Gardner-Coons sense-of-the- deadliest cancers, pancreatic cancer. sequences when family members are Senate resolution, a resolution that fo- They are here to urge that we invest separated. Mental health problems cuses on the importance of federally more in medical research. This is a may, for example, follow children all sponsored research for the advance- cancer that has affected families all the way to adulthood. We need to be ment of scientific innovation. over our country, but without greater mindful of that risk and work to en- There are many great things to like investment in research, we cannot bend sure the children’s well-being. about the program that is funded in the trajectory of this dread disease. None other than former First Lady this Energy and Water appropriations Laura Bush wrote this last weekend bill that is about to be before us, espe- It was just last February that I lost that she believes we can find a better cially the work funded by the U.S. De- my own father to pancreatic cancer, answer to this current crisis, and I partment of Energy. Our bipartisan and this year was my first Father’s agree with her. In fact, we are off to a resolution reinforces that message by Day without him. I am grateful for the pretty good start. Some of my col- acknowledging that the United States opportunity to have joined this morn- leagues and I, including the Presiding has long been a leader in innovation, in ing with these Americans from every Officer’s staff, are working together to large part because of a critical role State. I join with them in urging my try to come up with a way to keep fam- played by Federal funding for both colleagues to consider investing more ilies unified when they are detained at basic and applied research. this year in research to end this the border. For decades, we have made invest- scourge of pancreatic cancer. I think our goals should be pretty ments that have led to incredible I thank the Presiding Officer. clear and simple: Ensure that families breakthroughs instrumental to our The PRESIDING OFFICER. The Sen- stay together at ICE facilities while current prosperity, economy, and jobs. ator from Louisiana. their criminal or civil proceedings are The Department of Energy National Mr. KENNEDY. Mr. President, I sug- ongoing; clarify that the so-called Flo- Labs—the 17 labs across 11 States— gest the absence of a quorum. res settlement does not apply to chil- have been at the forefront through that The PRESIDING OFFICER. The dren who have crossed the border ille- process since their founding. It is the clerk will call the roll. gally with their parents; and promote creative, generative, innovative part- the expedited consideration of detained nership among these federally funded The legislative clerk proceeded to families by immigration judges so that national labs, our network of univer- call the roll. they are not left in limbo for any sities and colleges that conduct feder- Mr. SCHATZ. Mr. President, I ask longer than is absolutely necessary. ally funded and privately funded re- unanimous consent that the order for I believe these are the building search, and the entrepreneurs and com- the quorum call be rescinded. blocks for a consensus approach, one panies that take, through applied re- The PRESIDING OFFICER. Without that every Member—Republican and search, their innovations and inven- objection, it is so ordered.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.015 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4021 RECESS Mr. CARPER. Mr. President, the ing, the question has been raised about The PRESIDING OFFICER. Under amendment Senator ALEXANDER and I whether the Corps billed the irrigation the previous order, the Senate stands are offering is a bipartisan effort, as district correctly. If the Corps had ac- in recess until 2:15 p.m. you can tell. It is the result of discus- counted for this program correctly, the Thereupon, the Senate, at 12:37 p.m., sions between Senator ALEXANDER’s cost share should have been about $1 recessed until 2:15 p.m. and reassem- Appropriations Committee staff and million. That difference of $4 million bled when called to order by the Pre- the staff who works for us on the Envi- may not sound like a lot to us here in the Senate or in the Federal Govern- siding Officer (Mr. WICKER). ronment and Public Works Committee. The amendment would require the ment, but $4 million to a local rural ir- f Corps to report to Congress on the sta- rigation district is a lot of money. ENERGY AND WATER, LEGISLA- tus of Corps project expenses. The Sadly, as I said before, this data has TIVE BRANCH, AND MILITARY amendment would allow project spon- not been provided to many cost share CONSTRUCTION AND VETERANS sors to receive a final cost accounting partners, as is the law, and we need to AFFAIRS APPROPRIATIONS ACT, of project dollars so that they under- get to the bottom of why and where it 2019—Continued stand how those dollars are spent and is happening. Senator ALEXANDER and I believe The PRESIDING OFFICER. The Sen- know whether there are excess unspent that this report that is being requested ator from Delaware. funds and whether those funds are sets the stage for more transparency Mr. CARPER. Mr. President, I think being returned to State and local gov- and better budgeting at the Corps, we are going to have a couple of votes ernment or to the Federal Government. which is also a theme in the America’s shortly on amendments. Senator ALEX- As many of our colleagues know, the Water Infrastructure Act that we will ANDER and I will offer one to the under- Senate is getting ready to address be addressing, I hope, next month. lying bill. I think Senator COONS will soon—probably, if not this month, then next month—the water resources devel- Let me conclude by once more thank- offer another one along with, I believe, ing Chairman ALEXANDER and his staff Senator ROUNDS. opment legislation that Senator BAR- RASSO, our chairman on Environment for working with my staff and me and AMENDMENT NO. 2920 TO AMENDMENT NO. 2910 and Public Works, and I and other col- also with Senator BARRASSO on the As Members are returning from their leagues have worked on. It was re- water resources development legisla- caucus lunches, I will kick it off and ported unanimously out of the Envi- tion and on this amendment. It truly is lay the groundwork for the amendment ronment and Public Works Committee. a bipartisan amendment and a good Senator ALEXANDER and I will be offer- That bill, which is called America’s one to start off the discussion on the ing. I believe we have Senate amend- Water Infrastructure Act of 2018, underlying bill. We are pleased to be a ment No. 2920 at the desk on behalf of makes investments in updating and ex- part of this, and we look forward to Senator ALEXANDER and myself. panding water infrastructure systems passing this important piece of legisla- I ask unanimous consent that amend- throughout the country. Along with re- tion that is critical to funding a cen- ment No. 2920 be called up and made authorizing the ongoing work of the tral piece of our Nation’s economic in- the pending business. frastructure. U.S. Army Corps of Engineers, our leg- The PRESIDING OFFICER (Mr. I encourage support for my amend- islation addresses a wide variety of pri- PORTMAN). Without objection, it is so ment. orities. Again, it was reported unani- ordered. I yield the floor to Senator ALEX- mously out of our committee about a The clerk will report. ANDER and look forward to working month or so ago, 21 to 0. with him as we go forward. The senior assistant legislative clerk In the drafting of this legislation, read as follows: The PRESIDING OFFICER. The Sen- several concerns were raised about how ator from Tennessee. The Senator from Delaware [Mr. CARPER] the Corps selects and prioritizes Mr. ALEXANDER. Mr. President, I proposes an amendment numbered 2920 to projects for construction, as well as amendment No. 2910. want to thank the Senator from Dela- what happens to excess local cost share ware for his customary leadership. He Mr. CARPER. Mr. President, I ask dollars at the end of a project. For ex- has been wise to come up with this unanimous consent that the reading of ample, in my home State of Delaware, idea. the amendment be dispensed with. our State agency that sponsors the In some cases, the Corps of Engineers The PRESIDING OFFICER. Without beach renourishment and other shore- has completed projects under budget. objection, it is so ordered. line protection projects has been ask- The Corps had excess non-Federal The amendment is as follows: ing the Corps for a detailed balance funds paid by the project’s sponsor. (Purpose: To direct the Secretary of the sheet for years to understand how His amendment, which I am happy to Army to submit a report on the status of funds are being allocated on various cosponsor, requires the Corps to pro- returning to non-Federal project sponsors projects and how local tax dollars are vide a list of all the projects that have excess non-Federal funds) being spent. Unfortunately, that mate- been completed and have excess non- On page 14, between lines 18 and 19, insert rial has never been provided despite re- Federal funds that have not been re- the following: peated requests. turned to the project sponsor put on SEC. 106. Not later than 120 days after the date of enactment of this Act, the Secretary Delaware is not alone in this. The that list. It also requires the Corps to of the Army shall submit to the Committee Senator from Kansas, Mr. MORAN, has provide a final accounting for each on Environment and Public Works of the brought to my attention an issue of project and the status of the Corps’ Senate, the Committee on Appropriations of malfunctioning radial arm gates—also plan to return the excess non-Federal the Senate, the Committee on Transpor- called Tainter gates—on a reservoir in funds. It does not increase Federal tation and Infrastructure of the House of his home State of Kansas. The local ir- spending. It is intended to ensure that Representatives, and the Committee on Ap- rigation district was billed for the re- the Corps returns excess non-Federal propriations of the House of Representatives pairs of the gates, which was added as a report that— funds to project sponsors in a timely (1) includes a list of all cost-shared Corps an additional cost to their annual manner. projects that, as of the date of enactment of share of the operations and mainte- Let me thank the Republican and this Act— nance of that project. Democratic staffs for working with us (A) are physically and fiscally complete; Although the irrigation district has through the morning in the customary and been paying on this bill, they never smooth way to get an appropriations (B) for which excess non-Federal funds knew how much it actually cost to re- bill on the floor. have not been returned to the non-Federal pair the gates. It took my staff and This is the first vote on the appro- project sponsor; and Senator BARRASSO’s staff to find out priations bills this week. We will vote (2) with respect to each project listed that the total cost of repairs was $31 on the Coons-Gardner amendment first under paragraph (1), describes the status of— (A) returning the excess funds to the non- million. This means, according to the and then on the Carper-Alexander Federal project sponsor; and Corps, that the remaining local cost amendment second. We have several (B) providing the non-Federal project spon- share is about $5 million. However, be- other amendments waiting for consid- sor a final accounting of the project. cause there is not a detailed account- eration. Senators THUNE and DURBIN

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.018 S19JNPT1 S4022 CONGRESSIONAL RECORD — SENATE June 19, 2018 have one that should be filed shortly; The PRESIDING OFFICER. Without Mr. ALEXANDER. Mr. President, I Senators HATCH and UDALL, the same. objection, it is so ordered. ask for the yeas and nays. We hope to have more votes later this The Senator from Delaware. The PRESIDING OFFICER. Is there a afternoon, hopefully in the area of 5 Mr. CARPER. Mr. President, earlier sufficient second? o’clock. That will be up to the major- when I spoke about the amendment There appears to be a sufficient sec- ity leader and the Democratic leader, with Senator COONS as the lead Demo- ond. but we will let Senators know about crat, I mentioned the wrong cosponsor. The clerk will call the roll. that. I would correct myself to say it is not The senior assistant legislative clerk Senators BOOZMAN, DAINES, and I, Senator ROUNDS, who does great legis- called the roll. and our Democratic colleagues hope lation, but in this case, it is Senator Mr. CORNYN. The following Senator that Senators and their staff will file GARDNER. is necessarily absent: the Senator from today any amendments they wish to Mr. ALEXANDER. Mr. President, Arizona (Mr. MCCAIN). have included in these three appropria- Senator COONS has already spoken. Mr. DURBIN. I announce that the tions bills. I yield back all time on this side. Senator from Illinois (Ms. DUCKWORTH), Mr. CARPER. I yield back our time. AMENDMENT NO. 2914 TO AMENDMENT NO. 2910 the Senator from Florida (Mr. NELSON), The PRESIDING OFFICER. The and the Senator from New Hampshire Mr. President, I ask unanimous con- question occurs on agreeing to amend- sent to call up amendment No. 2914 and (Mrs. SHAHEEN) are necessarily absent. ment No. 2914. The PRESIDING OFFICER (Mr. ask that it be reported by number. Mr. CARDIN. Mr. President, I ask for HOEVEN). Are there any other Senators The PRESIDING OFFICER. Without the yeas and nays. in the Chamber desiring to vote? objection, it is so ordered. The PRESIDING OFFICER. Is there a The result was announced—yeas 96, The clerk will report the amendment sufficient second? nays 0, as follows: by number. There appears to be a sufficient sec- [Rollcall Vote No. 131 Leg.] The senior assistant legislative clerk ond. read as follows: The clerk will call the roll. YEAS—96 (Purpose: To express the sense of the Senate The senior assistant legislative clerk Alexander Gardner Murphy regarding the need for funding for innova- Baldwin Gillibrand Murray called the roll. Barrasso Graham Paul tive scientific research) Mr. CORNYN. The following Senator Bennet Grassley Perdue At the end of title III of division A, add the is necessarily absent: the Senator from Blumenthal Harris Peters following: Arizona (Mr. MCCAIN). Blunt Hassan Portman Booker Hatch Reed lll SEC. 30 . SENSE OF THE SENATE REGARDING Mr. DURBIN. I announce that the Boozman Heinrich Risch INNOVATION. Senator from Illinois (Ms. DUCKWORTH), Brown Heitkamp Roberts (a) FINDINGS.—Congress finds that— the Senator from Florida (Mr. NELSON), Burr Heller Rounds (1) the United States leads the world in in- and the Senator from New Hampshire Cantwell Hirono Rubio novation through scientific research; Capito Hoeven Sanders (2) many technologies making major con- (Mrs. SHAHEEN) are necessarily absent. Cardin Hyde-Smith Sasse tributions to the United States economy The PRESIDING OFFICER. Are there Carper Inhofe Schatz were created through Federal support for sci- any other Senators in the Chamber de- Casey Isakson Schumer Cassidy Johnson Scott entific research, including nuclear power, siring to vote? Collins Jones Shelby the laser, the personal computer, the inter- The result was announced—yeas 93, Coons Kaine Smith net, and Global Positioning Systems; and nays 3, as follows: Corker Kennedy Stabenow (3) in recognition of the importance of in- [Rollcall Vote No. 130 Leg.] Cornyn King Sullivan Cortez Masto Klobuchar Tester novation through scientific research and de- YEAS—93 velopment, Congress increased appropria- Cotton Lankford Thune tions for Department of Energy research and Alexander Flake Murkowski Crapo Leahy Tillis Cruz Lee Toomey development programs for fiscal year 2016 Baldwin Gardner Murphy Barrasso Gillibrand Murray Daines Manchin Udall and each fiscal year thereafter. Bennet Graham Perdue Donnelly Markey Van Hollen (b) SENSE OF THE SENATE.—It is the sense Blumenthal Grassley Peters Durbin McCaskill Warner of the Senate that— Blunt Harris Portman Enzi McConnell Warren (1) to maintain the position of the United Booker Hassan Reed Ernst Menendez Whitehouse States as a world leader in innovation, Con- Boozman Hatch Risch Feinstein Merkley Wicker gress and the Secretary of Energy should Brown Heinrich Roberts Fischer Moran Wyden Flake Murkowski Young continue to support innovative science re- Burr Heitkamp Rounds Cantwell Heller Rubio NOT VOTING—4 search and development at National Labora- Capito Hirono Sanders tories and institutions of higher education, Cardin Hoeven Sasse Duckworth Nelson along with private partners and nonprofit re- Carper Hyde-Smith Schatz McCain Shaheen search organizations, through sustained ro- Casey Inhofe Schumer The amendment (No. 2920) was agreed bust and reliable funding in specific research Cassidy Isakson Scott areas, including— Collins Johnson Shelby to. (A) exascale computing and supercom- Coons Jones Smith The PRESIDING OFFICER. The Sen- Corker Kaine Stabenow ator from Montana. puting; Cornyn Kennedy Sullivan (B) quantum and photonic information Cortez Masto King Tester Mr. DAINES. Mr. President, the Leg- sciences; Cotton Klobuchar Thune islative Branch bill, as advanced from (C) biological and environmental research; Crapo Lankford Tillis the Committee on Appropriations, pro- (D) energy; and Cruz Leahy Udall Daines Manchin Van Hollen vides $4.79 billion for Congress and its (E) materials and manufacturing; and support agencies. That is $90 million (2) Congress should continue to increase Donnelly Markey Warner Durbin McCaskill Warren scientific research and development fund- above the fiscal year 2018 enacted level Enzi McConnell Whitehouse of $4.7 billion. ing— Ernst Menendez Wicker (A) to ensure future technological ad- Feinstein Merkley Wyden This bill provides just over $1 billion vances continue to spur innovation; Fischer Moran Young for Senate-only items, which is an in- (B) to help companies create good paying NAYS—3 crease of $5 million from last year; $1.4 jobs; and billion is included for House only Lee Paul Toomey (C) to strengthen national security. items, and $2.3 billion is provided for Mr. ALEXANDER. Mr. President, I NOT VOTING—4 joint Senate and House items, which in ask unanimous consent that there be 10 Duckworth Nelson total meets the $4.79 billion legislative minutes of debate and that following McCain Shaheen branch allocation for fiscal year 2019. the use or yielding back of that time, The amendment (No. 2914) was agreed We have made thoughtful decisions the Senate vote in relation to the to. about how to prioritize investments for Gardner amendment and the Carper VOTE ON AMENDMENT NO. 2920 this fiscal year. Resources are allo- amendment and that there be no sec- The PRESIDING OFFICER. The cated in a responsible way to maintain ond-degree amendments in order to the question now occurs on agreeing to existing services and allow for critical amendments prior to the votes. Carper amendment No. 2920. investments in numerous needed areas.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.021 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4023 For example, this bill will strengthen I respect Chairman SHELBY and Vice at Arms are making sure that Members security on the Capitol campus and en- Chairman LEAHY for their efforts to and staff are protected not only on sure that the men and women who pro- work in a bipartisan manner to bring campus but also at events off campus tect our visitors, our staff, and Mem- bills to the Senate floor and end this that may come with certain serious bers have the support and resources path of yet another year-end omnibus risks. they need to do their jobs. And $453 and more CRS. It was good to see a In this bill, CRS is put on a path to million is included for the Capitol Po- couple of amendment votes just before restore its 13-percent staff loss. Again, lice, which is a $26.5 million increase I started speaking. That is a healthy over the course of sequester, a lot of from last year. sign of stronger bipartisanship and get- the agencies that serve us took some In fact, just 1 year ago last Thursday, ting the Senate back to regular order— pretty serious hits. They don’t make we witnessed tragedy strike on a base- executing, blocking, and tackling, as that up in this bill, but they are set on ball field in Alexandria, where the lives we should, for the American people. a path where they can get back to the of our colleagues and their family and It has been almost a decade—listen kind of footing we are putting GAO on friends were put in imminent danger. to this—it has been almost a decade in this legislation. A long-needed mod- Last week’s Congressional Baseball since a Legislative Branch appropria- ernization of the copyright office is Game was a reminder of the bravery tions bill has received consideration on kicked off in this legislation. Again, demonstrated by my friend, Represent- the floor outside of a large year-end that is a long-term plan, but we are ative STEVE SCALISE, our Capitol Po- spending bill. It is important for us as kicking it off. It is very, very much lice officers, and all those tragically af- a body to return to regular order on ap- overdue. fected that day. The unfortunate re- propriations bills and fund the govern- We are also beginning another proc- ality remains that the Capitol Complex ment in a timely and more transparent ess that I think will be really impor- and its occupants face an evolving and manner. tant to the campus. We are beginning growing threat environment, and this I urge my colleagues to support the the process of exploring options to ex- bill will help address these needs. adoption of the package of appropria- pand the size of the Senate childcare This bill also addresses cyber secu- tions bills before the U.S. Senate. I center. Pretty much every large em- rity threats by providing funding for look forward to working with Senators ployer in the country offers some level the Sergeant at Arms Senate network on any amendments they may have to of childcare services to employees. The cyber security initiatives. Further, the legislative branch division. Senate barely does that. We have 6,200 this bill demands a rigorous review be- The PRESIDING OFFICER. The Sen- employees and just 68 childcare slots. fore any telecommunications equip- ator from Connecticut. There are actually only nine infant ment from companies linked to Russia, Mr. MURPHY. Mr. President, I am slots in the Senate. Over the course of China, Iran, or North Korea can be ac- here to join Senator DAINES in recom- the last few years, the House has tri- quired by legislative branch agencies. mending the Legislative appropriations pled the size of its childcare center. We This bill also promotes transparency bill to our colleagues. I note his his- are going to begin taking a look at for the American people by including a tory lesson—10 years since we passed a what the options might be to expand provision called e-file, which stream- Legislative Branch appropriations bill our capacity as well. lines the process for Senate campaign on the floor of the Senate. During none Let me end by highlighting, again, filings, requiring Senate candidates to of those 10 years was Senator DAINES this small fund in the bill that will follow the same standard of trans- chairman of the Appropriations sub- allow Senators to begin paying interns. parency required by all other Federal committee on the Legislative Branch. It is important to note that this is to- candidates. This provision enhances Things are changing here, and it has tally optional, so any Senator who government transparency, reduces un- been a real pleasure and honor to work wants to use this fund can, only for the necessary bureaucratic redtape, and with Senator DAINES on this bill, which purpose of paying interns. If they don’t would save hundreds of thousands of we bring to the floor in a bipartisan use it, it goes right back to the Treas- taxpayer dollars by having can- manner. ury. didates—Senate candidates—file di- Let me be brief in not trying to cover Each of us has our own unique jour- rectly with the Federal Election Com- the ground that Senator DAINES has al- ney as to how we got to be a U.S. Sen- mission, instead of the current paper- ready covered, but I agree; I think this ator; mine started as a Senate intern. I based practice. is a good bill, one that we can all sup- was an intern for Senator Chris Dodd, This bill provides $933 million for the port. but there is no way I could have taken Senate, which is $13 million above last Let me add a few pieces to some of advantage of that opportunity had my year. I want to specifically note that $5 the highlights my colleague laid out family not had the resources to be able million is designated for the sole pur- for you. The first of those is the fact to send me to Washington for a sum- pose of voluntary compensation of Sen- that this bill commits us to finally re- mer, had I not had the family resources ate interns by Senate offices. This ad- storing GAO staffing to its 2011 levels. to be able to pay rent for a summer. ditional funding will help ensure that This is really important because every The fact is, that experience is fore- the broadest possible pool of intern dollar we appropriate to GAO gets closed to far too many American chil- candidates have the opportunity to about a $128 taxpayer return because of dren because many Senate offices—not serve. Washington, DC, is a very expen- the efficiencies they recommend that all but many Senate offices—do not sive place, and it is good to see this then get adopted. GAO lost about 343 pay their interns. This would at least provision in the bill. staff from 2002 to 2003 during the se- give the option for Senate offices to do There is also $1 million provided to quester. We are putting them back to the same. support ongoing Congressional Ac- the place where they can do important Let me again thank Senator countability Act reform efforts to in- work for us. DAINES—we worked really well to- crease compliance and support training Second, let me reiterate the impor- gether on this bill—and Chairman of legislative branch offices and agen- tant investments we are making in the SHELBY and Vice Chairman LEAHY. It is cies on harassment and discrimination Capitol Police. The threats that we good that we are bringing back regular in the workplace. face and our staff face and visitors face order, at least for now, on the appro- These are just a few of the many aren’t imaginary. Again, it was a year priations process. highlights of the bill. I want to thank ago last week when a gunman came My view is that the default position my ranking member, Senator MURPHY, after our colleagues in the House and on these bills should be to allow for working with me to craft this bi- the Senate at a baseball practice off amendments to come to the floor and partisan legislation. I also appreciate campus. It is important that this bill to have a vote; that we shouldn’t have the support of the Committee on Ap- recognizes the threats we face are not to twist so many arms in order to get propriations in favorably reporting the just on campus but are in other places votes on amendments; that we Legislative Branch appropriations bill around the Capitol and has some re- shouldn’t be afraid of putting our vote unanimously for consideration by the sources to make sure that both the down on any particular amendment, full U.S. Senate. Capitol Police and the Senate Sergeant whether it be an easy one or a tough

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.025 S19JNPT1 S4024 CONGRESSIONAL RECORD — SENATE June 19, 2018 one. We are beginning to start exer- Yet, in recent years, as I have been times the best jobs are on or around cising those muscles on this minibus. traveling around Virginia, a new prob- military bases or are at other Federal I thank Chairman DAINES, Chairman lem has emerged, and that is the unem- agencies. The preferential or expedited SHELBY, and Vice Chairman LEAHY for ployment rate for military spouses. It hiring preferences for military spouses their work in allowing us to bring this is even hard to know the number. Do is part of this. product to the floor. you know why? It is that when we do We allow military spouses to take ad- I yield back. the monthly studies, the Department vantage of something called the career The PRESIDING OFFICER. The Sen- of Labor asks a person: Are you a vet- advancement account, which would en- ator from Virginia. eran? Yet it doesn’t ask if one is a mili- able a military spouse to take a course. NATIONAL DEFENSE AUTHORIZATION BILL tary spouse. So, to get at the number, What if you are done with your Mr. KAINE. Mr. President, I rise to when you hear story after story after coursework and what you really need talk about the accomplishments the story, you have to take some fairly are the dollars to get a license or to Senate was able to achieve yesterday broad surveys. Blue Star families will transfer your credential? The career with the passage of the National De- take these surveys every year. advancement account should be able to fense Authorization Act. In doing that, What we find is, the unemployment be used for that. I want to highlight a couple of items as rate for military spouses is anywhere The bill allows military spouses to go a member of the Armed Services Com- from three to five times the national to transition classes with their service- mittee that I worked on that I am very average. One can immediately grasp member spouses before they transition proud of but that I think also dem- why—moving to a new place in the out. The transition from Active to vet- onstrate the our ability to work in a middle of the year, having to get ad- eran status is a family thing, and bipartisan fashion because the three justed, maybe having to find a place for spouses have every need to participate items I will mention were heavily bi- school. If you are moving and you have in transition planning as the service- partisan. They also give some illustra- a job that has some kind of a license or members do. tion of the breadth of the defense au- credential—it could be as a cosmetolo- Finally, to help in that transition thorization act—this act which we pass gist, as a real estate agent, as an attor- process, the bill will allow military every year that is hundreds of billions ney, as a teacher—sometimes the cre- spouses to take advantage of coun- of dollars to support the American dential doesn’t automatically transfer. seling and career coaching for up to a military and contains so many dif- Sometimes it will only transfer if you year after the servicemembers leave ferent kinds of provisions to try to help pay a big fee, money which you may defend the Nation and protect those Active-Duty service. not have. Again, this is bipartisan—supported who serve it. As I have traveled around Virginia— What I would love to do, after I say a in both Houses by Members of both a military State—and as I have talked parties—and it will be part of the word about our chair, Senator MCCAIN, to my own son, who is in the Marine NDAA. God willing, we will conference, is talk about military families, talk Corps and who has a wife who is a mili- about shipbuilding, and talk about and it will go to the President’s desk. tary spouse, and have heard about My goal is that we start to make the smart power. their challenges, I have suddenly real- Let me first just give a shout-out to same progress in bringing down the un- ized we need to do something about un- employment rate for military spouses Senator MCCAIN. He was sorely missed employment among military spouses. as we were able to do with respect to as our chairman during the month of It is fair for these spouses who sac- May when we were in crunch time in veterans. rifice—and they have so much to The second is shipbuilding. Virginia the committee around this bill. It was offer—but it is also the case that if you bittersweet to see its passage yester- is a shipbuilding State. If anybody ever do not try to help support military tells me American manufacturing is day without having him in the Cham- families, then members of the military dead, I say: Come with me to the Hun- ber to lead the discussion and be here will leave. Our brass will always tell us tington Ingalls shipyard in Newport at passage. Yet I give great credit to it is the individual’s decision to join, News, VA, and I will show you Amer- Senator INHOFE, who stepped into the but it is usually the family’s decision ican workers manufacturing the most chair’s shoes for purposes of the mark- to stay. Unless we can support military complicated items on planet Earth— up and the floor action; to Senator spouses, people who might want to nuclear aircraft carriers and sub- REED, the ranking member on the com- make careers out of the military serv- marines. mittee; and to Senator MCCAIN’s staff, ice leave prematurely. So we are des- The shipbuilding budget deal that is who peppered us with advice from the tined to and really need to do this. boss when calling in from Arizona dur- This year, I introduced two bills—the in the works now is strong. Last year, ing the whole process. We missed him, Military Spouse Employment Act and in the NDAA, we made a commitment but he was definitely there, and we the Jobs and Childcare for Military to go from a 270-ship Navy to 355 ships. were encouraged to do our best work as Families Act—after hearing from This would be a multiple-decades-long we thought about him during the proc- spouses in Virginia and elsewhere. I ac- commitment. We did that last year. ess. knowledge Senators PERDUE, MURRAY, This year, together with the budget With regard to military families, BOOZMAN, TESTER, ROUNDS, GILLI- deal, we are making that strong budg- when I was elected to the Senate in BRAND, CARDIN, and WARREN—a very bi- etary investment in growing our ship- 2013, we had a scandal in the country. I partisan group of Senators who worked building capacity. We owe it to our viewed it as a scandal. The unemploy- with me on these two bills. I am proud shipbuilders, and we owe it to our mili- ment rate for veterans was dramati- to say the overwhelming number of tary to stay on this path and give them cally higher than the national average, provisions of both of these bills is part some certainty so we can have these especially for Iraq- and Afghan-era war of the National Defense Authorization important assets with which to protect veterans who were enlisted. They Act, which passed last night. After we the Nation. would serve the country and be de- introduced the bills in the Senate, Two Fridays ago, I held a symposium ployed, often repeatedly. They would companion bills were introduced in the at Hampton Roads—the future of a 355- come back home and not be able to find House that made it into the House’s ship Navy—that focused on workforce jobs. version as well. As we conference, we needs. Some of the shipbuilders that I worked together with colleagues on ought to be able to take a big step for- will build these ships are in prekinder- the Armed Services Committee and ward for military spouses. garten right now. We need to have an with many great employers in the pri- The bills do a number of things that education system that teaches them vate and public sectors and am proud are all responsive to the concerns about the opportunities that will posi- to tell you that from 2013 to today, the raised by military spouses. tion them for success in technical veterans’ unemployment rate has gone They make it easier to get more fields and that encourages and down dramatically. It is now less than childcare workers on or near bases so incentivizes them to do it. the national average. When we focused people can find childcare if they work. The shipbuilding and ship repair pro- on it, we tackled the problem, and we They make it easier for Federal agen- visions of the NDAA are the best in any made progress. cies to hire military spouses. Some- of the years I have been on the Armed

VerDate Sep 11 2014 07:21 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.026 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4025 Services Committee in the Senate, and I suggest the absence of a quorum. lation living in tent cities during the that is good news for the defense of the The PRESIDING OFFICER. The monsoon season who are at great risk. Nation and good news for shipbuilding clerk will call the roll. We need to join the international com- communities, like Hampton Roads or The legislative clerk proceeded to munity that is working to help these Bath, ME, or Portsmouth or the gulf or call the roll. vulnerable people. Puget Sound or Hawaii. These ship- Mr. CARDIN. Mr. President, I ask The resolution speaks to us building and ship repair communities unanimous consent that the order for partnering with our international com- will benefit. the quorum call be rescinded. munities. This is an international ef- Finally, there is smart power. Some- The PRESIDING OFFICER. Without fort, with U.S. leadership. We are re- times the best power is not military objection, it is so ordered. affirming our longstanding tradition of power. Sometimes the best power is di- WORLD REFUGEE DAY resettling refugees in the United plomacy or the USAID, the Agency for Mr. CARDIN. Mr. President, tomor- States. International Development. We have to row, June 20, is World Refugee Day. I have worked on this issue since I use the right tool to accomplish the The United Nations General Assembly have been in Congress, and it has al- right objective. In both of the last two in 2000 declared June 20 to be World ways been bipartisan. I have had strong NDAAs, I offered amendments that al- Refugee Day so we can have public partners on both the Democratic and lowed the Department of Defense to awareness and support for refugees, Republican side fighting for America transfer its resources—if there is a asylum seekers, and displaced people. to maintain its leadership against the checkoff by the Secretary of Defense— The numbers are now out as to the vulnerable people in the world who to other Federal agencies if they will number of displaced people in the year have been displaced and the refugee do a better job with the task at hand. 2017, and that number is kind of shock- population and the asylum seekers. Let me give you an example. ing. It is record-setting for recent I remember vividly working with Our military has done a great job in times—65.6 million people are displaced Senator MCCAIN on humanitarian aid the battle against ISIS, in beating ISIS from their homes today. Over 22 mil- and holding those who prey on these on the battlefield. Yet, once you have lion are refugees, over 40 million are vulnerable people who are displaced, beaten ISIS on the battlefield, how do displaced in their own country—inter- the perpetrators, accountable for their you stop it from coming back? How do nally displaced individuals, and almost human rights violations. There have you hold onto territory and not allow 3 million are asylum seekers. These been many other examples of us work- the reemergence of terrorist organiza- numbers rival the number of displaced ing together. We should be welcoming tions? One way is by developing local people we saw after World War II. the persecuted and vulnerable refugees economies and strengthening local in- Fifty-five percent of the refugees in the United States, recognizing that stitutions so the urge or the tendency come from three countries: Syria, Af- America’s strength is in our diversity, the people who braved coming to this for terrorist groups to move into a ghanistan, and South Sudan. We have country who built this great country, power vacuum is dampened. Sometimes seen recent additions to the number of displaced people. In Burma, the the United States of America. the military is good at that, but the So I need to comment that President military would acknowledge that Rohingya Muslims were forced out of their homes, and 650,000 had to flee. In Trump’s policies stand in sharp con- sometimes the best way to build insti- trast to what America’s role must be in the Central African Republic, we saw, tutions and stabilize communities is to regard to promoting the welfare of dis- again by reason of conflict, a lot of grow their economies—that is what the placed people as we tomorrow celebrate people being displaced. In our own U.S. Agency for International Develop- World Refugee Day. I know the subject hemisphere in Venezuela, there are 1.5 ment does—or to build civilian institu- that is getting the most debate right million people displaced from that con- tions. The State Department does that. now—and rightly so, and I am going to flict, and of course we all are familiar In this year’s NDAA, as in last talk about it—is the removal of chil- with the problems in Central America year’s, in a pile of projects so we can dren from their parents at our border, and El Salvador, Guatemala, and Hon- assess how it works, we have given the which, to me, is an abomination. I am duras—countries which have been Department of Defense the ability to going to talk about that, but that is provide support to these other agencies plagued by violence, from which a lot not the only problematic part of Presi- as they try to stabilize regions once of families have tried to escape in dent Trump’s refugee policies. conflict has been reduced. This is going order to save their children. This administration has reduced dra- to be of enormous importance for Iraq In Syria, there are 12 million dis- matically the refugee caps for those and Syria and Afghanistan. The nice placed people. That is over half the permitted to resettle in the United thing about this is there was bipartisan population of Syria as a result of the States. We believe the number is as support, and it was requested by the conflict and the ISIS campaign. Over high as an 83 percent reduction in Department of Defense. You know your half the people in that country are dis- America’s willingness to accept refu- DOD leaders are on the ball when they placed. When we talk about the impact gees. Here we are with global leader- are saying: Give us more ability to it has on other countries when individ- ship asking countries to keep their bor- allow the State Department and uals seek to leave and become refu- ders open for those who are at risk to USAID to do the things they are better gees—in Lebanon, for example, 1 mil- enter their country, and we are closing at than we are. lion Syrians have fled to Lebanon. In our borders. That is not what the world Again, these are just three examples, Jordan, 660,000 Syrians have fled to leader does in that regard. and I could list 1,000 provisions that Jordan. These countries have been pre- We have seen policies that discrimi- are in the National Defense Authoriza- pared to take in these refugees. The nate against who can come to this tion Act that are novel and creative impact, of course, is immediate to the country. There is no question the and that are completely bipartisan. At individuals who are displaced. There is Trump administration tried to impose a time when so many things seem par- also an impact on the region, and as far a Muslim ban, a religious test, as to tisan, it is nice to know that when it away as we have seen the distances who could come to this country. We comes to the defense of the Nation, people will go in order to seek safety, heard the President’s comments about Democrats and Republicans can work there has been a major impact on the certain countries, which raised ques- together after having been inspired by Continent of Europe. tions about whether the demographics the hectoring phone calls from Senator I will be introducing a resolution for of that country affect the ability of MCCAIN and his staff to produce some- the U.S. Senate to go on record recog- people being able to come to America. thing that is really positive for the nizing World Refugee Day. It will reaf- We have seen this administration pro- country. I celebrate its passage in the firm the U.S. Government commitment pose, time and time again, cuts in hu- Senate last night and look forward to to uphold international leadership, our manitarian aid to vulnerable, displaced working with my colleagues when the strong support for humanitarian assist- people in order to fund a wall on our matter comes back to us following the ance, particularly in helping host coun- southern border. conference with the House. tries’ living conditions. I just saw the Then there are the Dreamers, the I yield the floor. press accounts of the Rohingya popu- DACA registrants. Through Executive

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.031 S19JNPT1 S4026 CONGRESSIONAL RECORD — SENATE June 19, 2018 order, President Trump created a prob- cause you happen to be a parent con- going to do here in America. I stand lem that didn’t exist for the Dreamers cerned about your child’s life—you live ready to work with any of my col- who were given status to be able to in a country in which you have a leagues on reasonable laws that could work and go to school under an Execu- choice of your child joining a gang—by protect the vulnerable people. tive order by President Obama. Presi- the way, if you join a gang, you are Tomorrow, as I said, is World Ref- dent Trump changed that by Executive going to have to take someone else’s ugee Day, where we have record num- order. It wasn’t Congress. Congress life. That is usually the admission to bers of people who have been displaced. didn’t create the problem, the Presi- join a gang. And if you refuse to join a America has the responsibility to be a dent did. gang, not only is your life at risk, but leader on these issues and to lead by Then we have those who are legally your family’s life is at risk. So what example, recognizing that diversity is here—legally here under temporary would you do as a father or a mother if our strength. We have responsibilities status, TPS—from El Salvador, Haiti, your child were in that position? You to those who have been persecuted to Nicaragua, and other countries. They are trying to seek the safety of your welcome them under our reasonable have been here a long time because the child, so you leave and you come to our vetting rules so that we can, in fact, conditions in their country have not southern border. Now you are told you live up to our principles and lead the changed. It is still not safe for them to are going to lose your child in separa- world. I ask my colleagues—on the eve of go back to their country. They are le- tion for doing what—trying to protect World Refugee Day—let us work to- gally in the United States, and against that child’s life? Is that the United gether. I ask President Trump to do the recommendations of our own mis- States? No, it isn’t. But that is the pol- the right thing and reverse these re- sions in these countries, the Trump ad- icy President Trump has now estab- pressive, un-American policies that he ministration decided to put an ending lished at our southern border. has put into place. date for their legal status in the United It has to end, and it can end today by I yield the floor. States, meaning, even though they the President of the United States I suggest the absence of a quorum. have been here for 15 years, they are signing an order saying we are not The PRESIDING OFFICER (Mr. going to have to leave America. That is going to do that. We all want to have FLAKE). The clerk will call the roll. done by Executive action by President rule of law and enforcement of laws at The bill clerk proceeded to call the Trump, not by Congress. We didn’t cre- our border. We understand that. But roll. ate this problem—whether it is the you don’t separate children from their Mr. ALEXANDER. Mr. President, I Dreamers or TPS, the President could parents. That can change, and we need ask unanimous consent that the order change that today with the stroke of a to change it. for the quorum call be rescinded. pen. Why are we doing this? The PRESIDING OFFICER. Without Then we have asylum seekers. Asy- Attorney General Sessions said we objection, it is so ordered. lum seekers are the most persecuted. are doing this as a deterrent. We take Mr. ALEXANDER. Mr. President, for Their own lives are at risk if they have children away from parents as a deter- the information of Senators and staffs, to go back to their host countries. rent when parents are acting in order the leadership staffs are talking now What did Attorney General Sessions to protect their children? That makes about the possibility of a vote at about do? He removed victims of domestic absolutely no sense. 4:45 this afternoon on a proposal by abuse and gang violence from those Then I heard: Congress could take ac- Senator CRAPO and Senator WHITE- who can seek asylum in the United tion. The President said that. We could HOUSE, which would be a pilot program States. They did that by Executive ac- take action. Our domestic policies for advanced reactor fuel. I am saying tion, not Congress. We didn’t create must support our fundamental ideals of this just for the information of Sen- this problem. The Trump administra- compassion and freedom and unwaver- ators. The vote is not set yet, but we tion created the problem, and they ing support for human rights. I agree are hopeful that it will be. As soon as we have final clearance, we will let could change it with the stroke of a with that. Yes, it would be nice for Senators know. pen. Congress to pass laws. I am all for doing that. We saw that we weren’t Thank you, Mr. President. Yes, there are a lot of issues where I I yield the floor. believe President Trump’s policies are even able to pass a bill protecting the The PRESIDING OFFICER (Mr. Dreamers, even though Democrats and not what America is about, whether it JOHNSON). The Senator from New Jer- is support for humanitarian aid or Republicans agreed on it, because sey. President Trump wanted to use that whether it is the number of refugees we FORCED FAMILY SEPARATION accept or whether it is dealing with the for leverage for his wall and for repres- Mr. BOOKER. Mr. President, I rise Dreamers or those in TPS, the asylum sive immigration policies. today to speak about the humanitarian Let’s not go down another path seekers. All of that, to me, violates the crisis that we are facing at this mo- basic principles of America that make where we are going to have delay after ment in our country. It is a moral cri- us the strong Nation we are. delay and children being separated sis. It is a crisis that didn’t come about The most recent force of separation from parents every day. It is President by some natural disaster; it has been of parents from their children at our Trump’s responsibility to correct this manufactured by the actions of the southern border is outrageous, and it is today. Trump administration and the actions affecting people’s lives every day—chil- Yes, we should work on legislation. I of our President. dren’s lives every day. applaud Senator FEINSTEIN for her leg- Since this past April, over 2,700 chil- Let me set this up because, again, islation that would keep families to- dren—some of them just infants—have this was done by the President. He can gether with the proper legal process. I been forcibly separated from their par- correct it with the stroke of a pen. congratulate Senator SMITH for the ents. That is about 45 children every Congress didn’t create the problem; the HELP Separated Children Act, which single day. These children have been President did this. The President can gives fundamental principles. A lot of ripped from the arms of their parents, change this today. us have talked about various parts of in some cases literally. These children It is my understanding that as many immigration reform and comprehen- have been imprisoned or deported, and as 70 children every single day are sive immigration reform. I am all for at this very moment, many of these being separated from their parents at that. I voted for comprehensive immi- children are being warehoused. Some of our southern border. This can’t wait gration reform. But make no mistake them are put in what amount to cages, until tomorrow. Each one of these chil- about it—children are being taken and some of them are being covered dren will be scarred for the rest of their away from their parents today by U.S. with thin, tinfoil-like blankets that we life because of this cruel and inhumane authorities on our southern border, see handed out to marathon runners. policy announced by the Trump admin- when their parents have done nothing I know these children are experi- istration. other than try to protect their chil- encing great fear, great trauma, won- Let me set this up as to how this hap- dren. It is happening today, and the dering where their parents are, won- pened, because there is no law requir- way to change it today is for President dering what will happen to them, con- ing this. The President decided that be- Trump to say that is not what we are fused, feeling isolated and alone. They

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.032 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4027 are wondering if they did something law, try to blame anything and not ac- These were moral moments in our wrong, and they are wondering what cept responsibility, when clearly, as past. Do you know what? We tell our- they did to deserve this. But more than my colleague LINDSEY GRAHAM has selves that if we were in those mo- that, we know these children are en- said, this is something that didn’t ments, if we were in those times, during psychological damage, which is come about from this body—this didn’t maybe we would have stood up, and so literally having a physical effect on come about because of some Demo- many people of good faith and of every their brains. Pediatricians and re- crats. CHUCK SCHUMER didn’t do this. background did stand up in those searchers know trauma like this cre- NANCY PELOSI didn’t do this. This was times. We think to ourselves that if we ates toxic stress. These children are en- a decision made by our President that were there in those moments, we would during things that affect the develop- he could stop right now, as Senator have done something, we would have ment of their brains and their life’s GRAHAM said, with a phone call. acted. We are at that moment, and we well-being. The research is clear. They So let’s be clear about something. are at a defining moment in our his- found that separating children from This is a policy. This is a decision. This tory. We are at a moral crossroads. We parents literally changes the makeup is a President who is assaulting—it is are at a point where our Nation’s char- of their brains—this level of cortisol, moral vandalism—the values, the com- acter is being revealed. this level of trauma. One pediatric ex- mon decency of our country, the ideals we hold dear. This is being carried out When we look at history, we have pert called the effect of this kind of seen the ways we have made mistakes, family separation ‘‘catastrophic’’ on by Trump administration officials— something that can be reversed with a but we have also seen the truth of our those children. Nation in those periods, the ideals that At this very moment, so many Amer- phone call. we have professed since our founding, icans, these children, and others are So this moment really is a moment the ideals that generations of Ameri- wondering what happened to the Amer- of moral reckoning in the United cans have tried to make more real, ica that we believe in, that we know, States of America. It is a low point. It more perfect, more established in this and that we hale. What is happening to is a heartbreaking point. I am one of Nation. We see in the history how gen- this Nation that has for so long been a those people who believe that if this erations past—Black, White, Christian, symbol of hope, a symbol of oppor- country hasn’t broken your heart, you Jewish, folks from all different back- tunity? How can we be seeing an Amer- probably don’t love her enough. This is grounds, men and women—stood up ica and how can they be experiencing one of those moments, as we have seen and did the right thing. They were in- an America that is so different from in the past, where we will be judged. sistent that this Nation should be dif- what we say we are? Well, the answer How we react in this moral moment— ferent. to the question, unfortunately, is pain- future generations will look back at ful, and it is direct. this crossroads of conscience in the We were not founded as a country be- A little over 2 months ago, Attorney same way we look back at some of the cause we all pray alike or because we General Jeff Sessions, Secretary of most shameful chapters, shameful mo- all look alike or because we are all the Homeland Security Kirstjen Nielsen, ments in our history. They will look same race. No. We always strove to be and President Donald Trump made the back and see what we did, what we different as a nation, that we would be decision to institute what they are said, how we acted, how we stood up, a nation of ideals and values, that we calling a zero tolerance policy when it how we fought, how we demanded dur- would be a nation bigger than the ra- comes to individuals and families who ing this time. cial or religious lives that divide men Today, we look back at the horrors of cross the southern border without doc- and women, that we would have uni- slavery and the shame of that time and umentation or authorization. The pol- fying ideals and principles, and that we the way that purposefully fracturing icy dictates that any adult who ille- in America would be a light unto na- families was used to terrorize and sub- tions. gally crosses the southern border will jugate Black Americans, how children be subject to Federal prosecution and were torn from the mothers and sold We have seen this Nation do it right therefore placed in Federal custody. away, how wives and husbands were and live up to those ideals with Hun- When the Trump administration in- violently separated. We know these garian refugees, Cuban refugees, Chi- stituted this policy, they knew exactly acts were not just financial decisions nese refugees, and Haitian refugees, what they were doing. They were con- on the part of slave owners. It was who all fled and found a safe haven cerned, probably, with the fallout— deeper than that. It was this idea of here in the United States of America. what this might mean, what people subjugating, this idea of dehumanizing, Look at the waves of Irish who came to might say—but they clearly knew, con- this idea that if you so demonize people our shores to escape famine. Look at sciously knew what would happen be- and dehumanize them, it makes it easi- the waves of folks who have escaped cause any accompanying children er to victimize those folks, to assault oppression. could not be placed in criminal deten- their dignity, unconscious of the fact When we were at our best, we were a tion facilities with their parents once that when you assault the dignity of their parents were charged and de- light unto nations—of hope, of integ- others, you assault the dignity of your- rity, of honesty, of honor. We are a na- tained. The families would be sepa- self. rated. The forced separation of children tion of refugees. We are a nation of im- Today, we look back with shame and migrants. We are a nation of exiles. We and families was not an unintended regret at the practice of the intern- consequence of the Trump administra- are a nation of ancestors of former ment of Japanese Americans, the out- slaves. We are not our particularistic tion policy; it was and is a purposeful and-out violation of our values and decision done with full consciousness of parts, but we are a profound sum of ideals as a country. Our fellow Ameri- those parts. We have made mistakes, the impact on families and children. cans—over 120,000 men, women, and As news reports and photos of this in- but we have answered the question of children—were forcibly removed from who we are by showing our values, and humane policy that is shocking the their homes and put into detainment consciousness of Americans—not left that is why the United States has be- and internment camps. come known throughout the planet or right, not Republican or Democrat; Today, we look back with deep shame Earth as that beacon of light and hope. it is shocking the consciousness of and regret at how Jewish refugees flee- America—as images of these actions ing from the Holocaust were turned I have traveled around the globe with have spread over the past several days, away from our shores, many who were the privileges of a Senator, and I see we have seen the President and mem- sent back to Germany and killed by the way people look at this country. I bers of the administration try to dis- the Nazis. see the way people try to model their tance themselves from the very policy Today, we look back with shame at behavior after ours. I see the way we they created. They have even gone so the way Native American families were talk about democratic ideals, demo- far—and it is not shocking at this separated, their children taken and cratic principles, how we try to talk point, but to hear the President out- sent to boarding schools where they about human rights, how we talk about and-out lie and try to blame Democrats were stripped of their language and human decency, and how we are held in Congress, try to blame a Federal stripped of their culture. up as the model.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.034 S19JNPT1 S4028 CONGRESSIONAL RECORD — SENATE June 19, 2018 This is why Americans from across ferent or if we act. Do we indulge in ap- Hopefully, by the time Senator the aisle, across religions, across polit- athy or have we become activists? MENENDEZ is finished, we will have ical affiliations, from across the coun- They will look to see whether we clearance for the vote, and we can pro- try are speaking out. I have seen con- fought for the ideals that made this ceed to the vote. servative Christian evangelicals, con- Nation what I believe it is, which is, as The PRESIDING OFFICER. Without servative Catholics, and Republican Elijah called for the State of Israel, to objection, it is so ordered. colleagues of mine stand up and speak be a light unto nations. That is the The Senator from Idaho. the moral truth about our Nation that America I believe in. That is the Amer- Mr. CRAPO. Mr. President, I first this behavior is un-American. They ica I know. thank Senator ALEXANDER for the speak with a chorus of conviction, tell- We look back on the low of when great efforts he has undergone to bring ing the one man who has the imme- women were being denied the vote, and this legislation forward. diate power to change this, the one we see a multiracial, multiethnic coali- The Senate is working as it should. man who did this, to stop his actions, tion—everyone from Frederick Doug- We are processing amendments. Hope- to restore honor, to correct this wrong. lass to Susan B. Anthony—come to- fully, we will make it through all of I am proud to see Democrats and Re- gether and build a movement that pro- our appropriations bills this year and publicans, progressives and conserv- pelled this government to act, and go back to regular order so that we atives speaking out against the moral women were granted the right to vote. avoid the kinds of collisions we have vandalism that is not just degrading We look back on the low of segrega- had all too often in the past few years the dignity and humanity of the mi- tion and how a multiracial coalition of as we try to accomplish the business of grants at our border, but it is assault- Americans came together, worked to- our government. ing the dignity and humanity of Amer- gether, fought together, stood to- As we have been told, the next ica—the people of this country speak- gether, sacrificed together, and some amendment planned to be voted on in ing out in one voice, one people under- died together to advance the cause of the next few minutes, we hope, is the standing that we have one destiny, un- civil rights. Crapo-Whitehouse amendment. This derstanding that we share common val- We look back at the Japanese intern- amendment is one that focuses on our ues, and understanding that this is a ment, and we see how people, regard- nuclear energy in the United States. time when we can’t be silent. The oppo- less of their background in America, Nuclear energy is a carbon-free emis- regardless of their political party, site of justice is not injustice; it often sions source of energy. It is becoming came together to redress this wrong. In is inaction. It is silence, it is apathy, recognized as one of the more impor- 1988, we saw a Republican President, and it is indifference. tant parts of the energy solution in the We must call on our President to end Ronald Reagan, who responded by sign- United States, and our amendment this. If he refuses, then we have an ob- ing the Civil Liberties Act into law and does a very simple thing. It creates a ligation here in Congress. We have the working to right the wrong of Japanese pilot project at the Idaho National power; we can and must act to stop this internment. Laboratory to begin perfecting and im- Future generations will look back on inhumane, immoral, and un-American plementing the process of processing this moment. They will look to see practice. We could vote today on a bill, spent naval fuel into fuel that can be whether we affirmed that in America the Keep Families Together Act, which utilized in our new, advanced reactors. we don’t injure and imprison children; has the support of 47 Democratic Sen- Currently, when naval fuel from our we protect them. They will look back reactors in our Navy ships is spent, it ators and 2 Independents—49 Members to see that in America we don’t abuse of this body. It would prohibit the De- still has about 80 percent of its value or rights; we protect them. They will look its energy in it. The new, advanced re- partment of Homeland Security from back at America to see if we are called separating children from their parents actors need about a 20-percent level. So to be a nation, truly, that works to de- we can literally get about four times as unless there are extraordinary cir- fend human rights at home and abroad, cumstances. The bill is common sense. much fuel out of a spent naval fuel rod not violate them in our own backyard. for new, advanced reactors as is in the It is a moderate proposal. It is literally This isn’t an injustice that needs to rod itself, once it is ready for proc- the least Congress can do to prevent take decades, years, or even months to essing. this crisis from continuing. correct. President Trump must, can, This is a tremendous source of new Yes, we need to secure our borders. and should end this immoral policy energy for the United States and one Yes, we need to uphold our just laws. today. If he refuses to act, this body that should help us as we move forward But separating families and impris- will be judged. Congress can vote today in developing an ‘‘all of the above’’ en- oning children are not how we do that. on the Keep Families Together Act, ergy policy for the United States. I en- We need to protect our borders, but we and we must act. We must do some- courage my colleagues, when we have also need to reflect our values, to pro- thing; we must stand for something or the opportunity to vote for this, to sup- tect our values, to affirm the character the dignity and the humanity that will port it and help us to move forward in of this country. We need to protect and be assaulted will not be those of chil- secure the ideals of a nation we have dren on our border. It will be damaging this important part of our national en- all stood for. In this moral moment in to the dignity and the humanity of us ergy policy. The PRESIDING OFFICER. The Sen- our Nation’s history, that means pro- all. tecting and standing up for the dignity For the sake of our values, for the ator from New Jersey. and humanity of these children. sake of our Nation, I urge my col- FORCED FAMILY SEPARATION I say again, future generations will leagues to act. Mr. MENENDEZ. Mr. President, look back at this moment, at this cri- The PRESIDING OFFICER. The Sen- today I rise in condemnation of the sis of conscience, and they will see ator from Tennessee. Trump administration’s heartless, what has already happened. They will Mr. ALEXANDER. Mr. President, for cruel, and inhumane policy of sepa- see this as a low moment, and they will the information of colleagues, we are rating children from their parents wonder what we did during this time. hoping within the next few minutes to when they seek asylum at our southern History does have its eyes on us, but have clearance from the leadership to border. we have a chance right now to show be able to move ahead on a vote this I do so as the son of refugees who fled them what we did, to let them see, afternoon on an amendment by Sen- their homeland and came to this coun- when our morals have been tested, how ator CRAPO and Senator WHITEHOUSE try because they longed to be free. I do we responded. They will look to see involving a pilot program for advanc- so as a Catholic appalled by what is what people in this country did when ing reactor fuel. being done in the name of my Christian people were having their values vio- Senator CRAPO would like to be rec- faith. I do so out of concern, as the lated and their ideals and the dignity ognized when I sit down in order to ranking member of the Senate Foreign of their children and families as- briefly comment on that amendment. Relations Committee, that the cruelty saulted. They will look to see what we Following that, I ask unanimous con- being conducted in the name of the did. They will look to see if we are si- sent that Senator MENENDEZ be recog- U.S. Government may cause lasting lent or if we speak up—if we are indif- nized. damage to America’s reputation in the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.036 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4029 world. I do so as a parent who knows vitude by gangs. Young girls are beaten She couldn’t be more right. that there is no love more powerful, no and raped. Any parent who resists is This isn’t a PR crisis. It is a humani- love more universal than love for your killed. These countries suffer from tarian crisis, and it is a moral crisis for child, and it is love that has driven some of the highest homicide rates in our country. That is why even mem- these families to seek asylum in the the world, and the violence against bers of the Trump administration are United States. women is particularly appalling. struggling to defend this policy. It is Seeking asylum is not a crime. It is In El Salvador, a woman is murdered indefensible. a cry for mercy, an act of desperation. every 19 hours, and in Honduras—the Years from now, will we look back on The trauma being inflicted on these country with the highest homicide rate this policy and be proud? No. We are children and the anguish being in- for women in the world—a woman is going to look back and see it for what flicted on these parents is a direct re- killed every 16 hours. it is—another dark period in our his- sult of the Trump administration’s de- To be blunt, these families face a tory, in which we as a country failed to cision to criminalize asylum seekers stark choice. It is either stay and die live up to the values that make Amer- and persecute families fleeing for their or flee for a chance to live. ica a beacon of hope and a leader very lives. The facts show this policy of deter- among nations. President Trump is lying to the rence isn’t deterring anyone. That is It is despicable to see President American people when he says that because it is hard to deter people who Trump inflict trauma on innocent chil- family separation is the law of the are fleeing for their lives. In recent dren just to score political points with land. He is lying when he says that months, we have seen the number of his base or to somehow use children as Democrats put a law on the books people seeking safety in record droves. a leverage for some negotiating point. mandating that children be terrorized There were 36,682 apprehensions at the That is what is happening here. in this way. border in February. By April, that President Trump and his Republican Under the policies of previous admin- number jumped to 50,924. In May, the enablers in Congress have one strategy istrations, families remained together number rose again to nearly 52,000. left in their playbook for 2018. They while waiting for their asylum claims If we aim to reduce forced migration, cannot run on being fiscally respon- to proceed through our immigration we must improve the conditions in the sible; their trillion-dollar corporate tax courts. But this President has broken region. Our only hope of doing so is by cuts have exploded the Federal deficit. with the basic standards of decency working with the governments of the They cannot run on delivering the that have guided past administrations, Northern Triangle by exercising smart American people more affordable Republican and Democrat alike. diplomacy, by working together to find health because under their watch, The criminalizing of asylum seekers solutions to promote the rule of law, healthcare premiums are soaring, and is in fact a newly unveiled policy. At- provide public safety, and free commu- prescription drug costs are surging. torney General Jeff Sessions calls it a nities of terror from transnational They cannot run on raising wages be- zero tolerance policy. I say it is a zero gang violence. Yet, just a few hours cause under their policies, most of the humanity policy, a zero compassion ago, President Trump threatened to Nation’s economic gains continue to go policy. cut off aid to Central America and to big corporations and to the top 1 This policy of persecuting families Mexico because ‘‘they are not sending percent instead of working families fleeing for their lives comes straight their best.’’ and the middle class. The only thing from the White nationalist fringe. It In other words, he would have the they have left to run on is fear. has been in the works for over a year, policy of the United States be to make In 2018, the Republican Party has one going all the way back to when Chief of the dire conditions in Central America message. It is a message that says, as Staff John Kelly was Secretary of even worse—driving even more families the President said earlier today, that Homeland Security. Back in March of to flee their homes in search of asylum. these migrants aim to ‘‘infest our 2017, then-Secretary John Kelly said Let’s be clear. These individuals are country’’; that babies and toddlers and that the ‘‘name of the game is deter- fleeing of their own accord. They are middle schoolers pose a threat to our rence.’’ He said that if the administra- not being sent. They are fleeing. Their public safety and our national security; tion began separating kids from their choice is stark: stay and die or leave that Latino families who are fleeing parents, they could deter migrants and have a shot to live. unthinkable violence are nothing more from traveling to our southern border. We know USAID initiatives that sup- than pests. We have since heard Attorney Gen- port economic development and good Let me be clear, Mr. President. Run- eral Jeff Sessions double down on this governance make a real difference. We ning to save the lives of your child theme of deterrence. He said: have heard directly from young people doesn’t make you a criminal. It makes If people don’t want to be separated from who have found hope and safety you a parent. Tearing innocent chil- their children, they should not bring them through these programs. Now is not the dren away from their parents is shame- with them. . . . If you bring children, you’ll time to recklessly abandon these pro- ful, it is cruel, and it is un-American. still be prosecuted. grams. It is a time to invest in them. President Trump is calling on Con- To those who spout this perverse no- The administration claims to be for gress to fix a policy of his own cre- tion of deterrence, I ask: How do you law and order, but it deals in chaos and ation. There is no law that instigates deter a mother trying to protect her discord. President Trump lies with the President and his administration child from the brutality of forced ser- such frequency and such confidence be- to do this, none at all. He chooses to do vitude? How do you deter a father try- cause he knows the muddier the it. ing to protect his daughter from being waters, the harder it is for the rays of House Republicans are trying to pass raped and tortured? How do you deter a truth to shine through. a so-called immigration compromise, family so fearful for their safety that This past weekend, some rays of light when as far as I can see, the only thing they are willing to embark on a per- shone through when former First Lady it compromises is our time-tested sys- ilous journey and travel thousands of Laura Bush made her voice heard. As tem of legal, family-based immigration miles—thousands of miles—to reach she wrote in the Washington Post, in this country. the United States? ‘‘Our government should not be in the Contrary to Speaker RYAN’s claims, The answer is that you can’t, not business of warehousing children in this will do nothing to end the separa- without addressing the root causes of converted box stores or making plans tion of families at the border. It this forced migration. to place them in tent cities in the doesn’t address the issue of the Presi- Most of these families come from desert outside of El Paso. These images dent’s zero tolerance policy or put an Guatemala, El Salvador, and Hon- are eerily reminiscent of the intern- end to the administration’s cruel prac- duras—the countries collectively ment camps for U.S. citizens and non- tices. Instead, the bill removes protec- known as the Northern Triangle. It is a citizens of Japanese descent during tions for asylum seekers and gives the region plagued by transnational gang World War II, now considered to have administration license to lock families violence, weak institutions, and pov- been one of the most shameful episodes into detention for indefinite periods of erty. Young boys are forced into ser- in U.S. history.’’ time.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.037 S19JNPT1 S4030 CONGRESSIONAL RECORD — SENATE June 19, 2018 President Trump and ideologues like Mr. WHITEHOUSE. Of course. I am erate spent fuel that gets taken off of Jeff Sessions and Stephen Miller want finished, until I go to my business re- the aircraft carrier or the submarine to use the tears of innocent children as lated to your bill. when the engine is refueled. The ques- leverage in their quest to end legal im- Mr. ALEXANDER. For the informa- tion is, What becomes of that spent migration, as we know it, and to force tion of Senators, there will not be a fuel? the American people to pay for a ludi- vote tonight on the Crapo-Whitehouse What this bill would do is to allow crous $25 billion border wall. amendment. We have at least one Sen- the Navy to give access to that spent The President, the Attorney General, ator who is still studying the bill, but fuel to our National Labs. America’s the DHS Secretary, and the White we believe that will be cleared up National Labs are a science gem of House Chief of Staff are practicing a shortly. Our goal would be to have global proportions. The scientists who doublespeak tactic in the hope of con- votes tomorrow morning at about 10 work in our National Labs are bril- fusing the American public, but there o’clock on the Crapo-Whitehouse liant. They are extraordinary. They are is nothing confusing about separating amendment, as well as an amendment at the cutting edge of a great number children from their parents. The Amer- by Senator BALDWIN. Both of those are of issues and developments. One of ica I know doesn’t put children into subject to being approved by the lead- them is—guess what—next-generation cages. The America I know doesn’t rip ership staff. Only they can announce nuclear power. What access to the newborn babies out of their mothers’ the scheduling of a vote. Navy’s fuel would do is to allow them, arms. The America I know doesn’t For the information of Senators, under the strict controls that are pro- treat families fleeing from criminals there will not be a vote tonight, and tecting our National Labs, to begin to like they are criminals. there will be a vote on at least one to work through testing how some of President Trump could end this des- three amendments tomorrow morning, these next-generation nuclear plants picable policy today without a law. He hopefully, at about 10 o’clock. might work. can order U.S. Customs and Border Senator CRAPO already has spoken Why is it a big deal for us to look at Control to stop tearing babies from about the Crapo-Whitehouse amend- developing in the United States this their mothers’ arms today. He can cor- ment, which is a pilot program for ad- next generation of nuclear power? rect course and restore America’s com- vanced reactor fuel. It is a very good One obvious reason is that it is car- mitment to basic human rights today. idea. It is not reauthorizing a new pro- bon-free power, and we have already They say a picture is worth a thou- gram. It is not spending any more blown through 400 parts per million of sand words, but the audio released yes- money. It is reallocating money for a carbon dioxide in the atmosphere. That terday by ProPublica is worth a mil- is way out of the range that we have very creative idea that Senator WHITE- lion tears. been in the entire history of human- HOUSE and Senator CRAPO have come How do you submit the cries of inno- kind on this planet, and it will have all up with. I fully support it. I think the cent children to the CONGRESSIONAL sorts of cascading effects on our cli- Senators on both sides of the aisle will RECORD? I don’t know how you do that, mate, our atmosphere, and our oceans. see the wisdom of it once everyone has but you can hear it. Nuclear power avoids all of those ancil- a chance to consider it. I am glad Sen- (Inaudible audio.) lary risks of fossil fuel power. You can hear it. I know we don’t ator WHITEHOUSE is here to talk more The other problem is that we have want to hear it. I know we don’t want about it. been operating with old-school nuclear I yield the floor. to hear it, but those are the cries of in- power for quite a long time in this Mr. WHITEHOUSE. First, let me nocent children. I can’t replicate it. I country, and we have built up a very thank Chairman ALEXANDER for his can’t replicate their pain: ‘‘Papi, papi. substantial reserve of nuclear waste, of support and assistance in getting us to Donde estas, papi?’’ spent fuel. At the moment, the Senate this point. He has also, until I rotated It is time this Senate has its con- and the Congress and, indeed, the U.S. off the HELP Committee and onto the science pricked, that it moves to ac- Government have no plan for getting tion, and that it challenges the Presi- Finance Committee, been my chairman rid of that nuclear waste. There have dent on this horrific policy. on the HELP Committee. Both in his been fights over sticking it in caves in With that, I yield the floor. work as the appropriations sub- Nevada. There have been all sorts of The PRESIDING OFFICER. The Sen- committee chair here managing this ideas, but we do not currently have an ator from Rhode Island. bill, I thank him, and for all of his operating plan. A great deal of that nu- Mr. WHITEHOUSE. Mr. President, leadership on the HELP Committee clear waste is, simply, stored at the first, let me thank the senior Senator when I was a member of that com- powerplant at which the power was from New Jersey for those remarks. It mittee, I thank him. generated. That is a big liability, I be- was a privilege and a pleasure to be As the Senate looks at this measure, lieve. here to hear them delivered. We had a I want to try to explain it in as simple I think that if we were to act as if we hearing in the Judiciary Committee terms as possible because I think this were a corporation and book as a liabil- this morning with a representative of is a complete slam-dunk, win-win ity the liability of the cost of having to Homeland Security who was virtually amendment. A next generation of nu- safely dispose of all of that nuclear incapable of explaining any of what clear power capability is being devel- waste, it would get the companies’ ac- they were trying to do here. I think we oped, and a great deal of the design of countants’ attention, and they would now have five or six different expla- that next-generation nuclear capa- invest some effort into figuring out nations from the Trump administra- bility is being done here in the United what the solution is to dealing with all tion. One is, the Bible made me do it— States. of those stockpiles of nuclear waste for the Attorney General; the other is, the For a variety of reasons, those Amer- which we currently have no plan. Democrats made me do it; the third is, ican designs are now moving to ap- Here is where the two lines converge, we are actually not doing it; the fourth proval and construction in other coun- because the next-generation nuclear is, we are doing it to build legislative tries, particularly including China. I technologies carry the promise of being leverage; and the fifth is, we are doing don’t think it is a good idea for us to able to take our nuclear waste stock- it in order to deter people from coming be designing new technologies but have pile and repurpose it as fuel—to turn to our shores. them deployed in other countries. We toxic, dangerous, multi-10,000-year I doubt any of those are true, but, for are trying to address some of the hic- waste, with a huge liability attached to sure, they can’t all be true. It is a cups that prevent this from going for- it, into an asset, a power-producing mess, but it is nothing like the mess of ward in the United States. asset. the images the Senator from New Jer- Our U.S. Navy uses nuclear fuel all To me, this is a very small invest- sey called to the conscience of the the time. I think it is widely known ment in a potential solution to a very country today. that our aircraft carriers and sub- big problem. I think we can have con- Mr. ALEXANDER. Mr. President, I marines operate with nuclear engines. siderable confidence that the U.S. Navy wonder if the Senator would yield for a They do so very safely. They do so with knows what it is doing in handling moment for a scheduling announce- the expert support of our U.S. Navy. these nuclear fuels and that our Na- ment. Then, at the end of the day, they gen- tional Labs know what they are doing

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.038 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4031 in handling nuclear materials. The subcommittee, the Energy and Water Citizens United instantly changed trust of the Navy and the trust of the Development Subcommittee, and then the game in Congress for big political National Labs and the expertise of the on the full Appropriations Committee, interests, such as the fossil fuel indus- National Labs, in their giving us the which includes 31 Senators. We have try. Before that fateful day, Congress ability to actually create a potential heard, in our case, from 83 different had held regular, bipartisan hearings solution to at least a significant part Members of the Senate on both sides of and even votes on legislation to limit of our nuclear waste problem, is worth the aisle. We have heard their sugges- the carbon emissions causing climate the small investment that, I hope, my tions just as in the case of Senator change, but Citizens United allowed colleagues will be willing to make WHITEHOUSE’s idea about a pilot pro- the fossil fuel industry to strike at this today. gram for advanced reactor fuels. We bipartisan progress, and it struck hard. I particularly thank Senator CRAPO, have already heard from him about The fossil fuel industry set its political who has worked with me very closely that and from Senator CRAPO and Sen- forces instantly to work, targeting pro- on this whole nuclear innovation side. ator RISCH, and we have included it in climate-action candidates, particularly He is a real leader in this area. I am the base bill. What we will do tomor- Republicans. Outside spending in 2010’s happy to be his Democratic colleague row, if we have another vote, is to sim- congressional races increased 75 per- working on this. I hope that with that ply add $5 million to it from another cent—75 percent—by more than $200 explanation, we can come to a measure account without increasing the amount million over the previous midterm’s of agreement that this is actually a of spending. levels. good, ‘‘no losers’’ idea and be able to There are a great many amendments Citizens United gave the fossil fuel vote on it tomorrow. I hope we will that Senators have offered that are al- political forces another power—not have a very strong and successful vote. ready a part of the Energy and Water just the power to spend but the power With all of that, I yield the floor to Development bill. That is why I think to threaten. As powerful a cudgel as ac- the floor manager from the Republican it has such strong support on the sub- tual election spending is to wield, it is side. committee, the committee, and the also powerful to threaten to wield that The PRESIDING OFFICER. The Sen- floor. Yet, if there are additional cudgel. Threats are not only powerful, ator from Tennessee. amendments that relate to the bill, they are less expensive than actual Mr. ALEXANDER. Mr. President, I particularly if they are bipartisan spending—you get to keep the money, thank the Senator from Rhode Island amendments, we would like for them to and the threats are likely to be secret. for his idea. This is a creative idea on be filed tonight so they can be consid- The sudden barrage of unlimited his part. ered tomorrow. money, dark money, and political I would like to give credit to Senator It is my hope that before we close to- threat had its desired effect: The polit- CRAPO and Senator RISCH from the night, the leaders will authorize the ical hit men of the fossil fuel industry State of Idaho. Idaho has our nuclear announcements of votes tomorrow stopped bipartisan climate action in its laboratory, among our 17 National Lab- morning on two amendments at about tracks. Pro-climate Republicans had a oratories, and the work that we are 10 o’clock. choice: either stop advocating for cli- talking about would be done in Idaho. I yield the floor. mate action or become a casualty. The Energy and Water Development Seeing no other Senator on the floor, The clear before-and-after point is appropriations bill, which was ap- I suggest the absence of a quorum. 2010’s Citizens United decision and the proved almost unanimously in the Ap- The PRESIDING OFFICER. The immediate weaponization of that new propriations Committee a few weeks clerk will call the roll. power by the fossil fuel industry to ago, approved $10 million for the kind The legislative clerk proceeded to protect its polluting status quo—a sta- of work that Senator WHITEHOUSE just call the roll. tus quo, by the way, that the Inter- described. It is a pilot program to recy- Mr. WHITEHOUSE. Mr. President, I national Monetary Fund estimates pro- cle the Navy’s spent nuclear fuel and ask unanimous consent that the order vides fossil fuel a subsidy of $700 bil- use the recovered uranium to supply for the quorum call be rescinded. lion—billion with a ‘‘b’’—every year, high-assay low-enriched uranium for The PRESIDING OFFICER (Mr. just in the United States. advanced reactors. That is already in RUBIO). Without objection, it is so or- The Republican appointees who deliv- the bill. This amendment by Senators dered. ered the Citizens United decision WHITEHOUSE, CRAPO, and RISCH would Mr. WHITEHOUSE. Mr. President, I claimed that there would be a regime add an additional $5 million to the ask unanimous consent to speak for up of ‘‘effective disclosure’’ that would, as pilot program. The additional $5 mil- to 15 minutes as in morning business. they said, ‘‘provide shareholders and lion is being reallocated from fuel The PRESIDING OFFICER. Without citizens with the information needed to cycle research and development and objection, it is so ordered. hold corporations and elected officials does not increase the overall spending Mr. WHITEHOUSE. Thank you, Mr. accountable for their positions and in the bill. President. supporters.’’ Of course, this has not In looking ahead to tomorrow, the CLIMATE CHANGE happened. Instead, we have witnessed leaders’ offices are still talking, but Mr. President, as 2010 dawned, in billionaires and corporate interests our expectation is that we will have at what now seems like another era of po- spending unlimited secret money in least two votes tomorrow at about 10 litical time, the U.S. Congress was elections. Outside groups have already o’clock. One would be on the Crapo- poised to tackle the problem of climate spent $140 million in the 2018 election Whitehouse-Risch amendment, which change. The House of Representatives cycle, nearly half of which is from we have just described. The second had just passed a cap-and-trade bill, groups with no or only partial disclo- would be on the Baldwin-Portman and there was bipartisan support for sure. amendment, which has been consid- climate action in the Senate. Then, on The head of the Koch brothers’ dark ered. Hopefully, we will have other ap- January 21—a date that ought to live money group, Americans for Pros- propriations amendments during the in judicial infamy—five Justices on the perity, announced that the Kochs’ po- day. U.S. Supreme Court—all Republican litical network plans to spend $400 mil- I encourage Senators and their staffs appointees—delivered Citizens United lion in the 2018 cycle—60 percent more to file tonight, if at all possible, the v. Federal Election Commission and than it spent in 2016. Just last month, amendments they have to these three unleashed unlimited special interest a single anonymous donor contributed appropriations bills, because the ma- money into America’s political system. $26.4 million to the American Action jority leader has said that he would The fossil fuel industry was looking Network, a dark-money organization like to finish our work this week. for a way to stop climate legislation; it with close ties to Speaker PAUL RYAN. While there is an opportunity for of- got Citizens United. Fossil fuel inter- Secrecy is the key to the fossil fuel fering amendments, as Senators know, ests asked those Justices for, antici- polluters’ toxic control of our democ- most amendments that Senators can pated, and immediately seized on the racy. Light will drive them back. As a think of have already been dealt with. political opportunity Citizens United Foreign Service officer’s son living I speak from experience on our own provided them. overseas in impoverished tropical

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.040 S19JNPT1 S4032 CONGRESSIONAL RECORD — SENATE June 19, 2018 countries, I remember that the cock- dark money has only gotten worse. ate be in a period of morning business, roaches would come out at night. When President Trump promised to drain the with Senators permitted to speak you would go into the kitchen to get a swamp and then turned his administra- therein for up to 10 minutes each. drink, you would hit the light switch, tion over to the biggest dark-money The PRESIDING OFFICER. Without the lights would flicker on, and you swamp monsters that exist. For exam- objection, it is so ordered. would see and hear the cockroaches ple, nearly two dozen dark-money orga- (At the request of Mr. DURBIN, the scuttling for the protection of the nizations fronting for God knows who— following statement was ordered to be shadows, fleeing the light. but one can guess—backed the nomina- printed in the RECORD.) Well, we need a little bit of that light tion of Scott Pruitt to be the Environ- f mental Protection Agency Adminis- in our democracy. So, with my Demo- VOTE EXPLANATION cratic colleagues, I am reintroducing trator. Indeed, Administrator Pruitt ∑ my legislation to bring about the so- himself raised millions of dollars in Ms. DUCKWORTH. Mr. President, I called ‘‘effective disclosure,’’ which dark money while serving as Okla- was necessarily absent for vote No. 127 even the Supreme Court that decided homa’s attorney general, and he has on the motion to waive a budget point Citizens United acknowledged is nec- never disclosed what business those in- of order with respect to H.R. 5515, the essary for the American people to have terests that funded him now have be- National Defense Authorization Act for Fiscal Year 2019. On vote No. 127, had I full faith in our political system. fore the EPA. The DISCLOSE Act of 2018 offers a Americans correctly feel that the been present, I would have voted yea. Mr. President, I was also necessarily commonsense solution to restore trans- tsunami of anonymous dark money absent for vote No. 128 on passage of parency and accountability in our po- drowns out their voices in Washington H.R. 5515, the National Defense Author- litical system. The DISCLOSE Act and washes them to the margins of our ization Act for Fiscal Year 2019, as would rein in what has been called a political arena. The DISCLOSE Act of amended. On vote No. 128, had I been ‘‘tsunami of slime’’ by requiring orga- 2018 offers a commonsense solution to present, I would have voted yea on pas- nizations spending money in American restore transparency and account- ability into our political system. With sage of H.R. 5515, as amended. elections—including super PACs, the Senate now in session through Mr. President, I was also necessarily unions, tax-exempt 501(c)(4) groups, all most of the summer, there is ample absent for vote No. 129 on the motion of them—to promptly disclose donors time for this body to examine the mer- to invoke cloture on the motion to pro- who give $10,000 or more during an elec- its of clearing dark money out of our ceed to H.R. 5895, the Energy and tion cycle. Big, sneaky donors will try political system. The problem of dark- Water, Legislative Branch, and Mili- to hide behind shell corporations that money spending and threats is too big tary Construction and Veterans Affairs disguise who they are, so the bill in- to ignore. Appropriations Act, 2019. On vote No. cludes robust transfer provisions to This is why we are failing at address- 129, had I been present, I would have prevent dark-money operatives from ing climate change. The corruption and voted yea.∑ using complex webs of phony front fear Citizens United set loose in our (At the request of Ms. HARRIS, the groups to hide real donor identities. politics in 2010 sickeningly empowered following statement was ordered to be The DISCLOSE Act also strengthens big special interests, and to the lasting printed in the RECORD.) the ban forbidding election spending by shame of our Nation, it allowed the fos- f foreign nationals. One of the problems sil fuel industry to purchase veto of our present dark-money infestation power over our national policymaking JUNETEENTH INDEPENDENCE DAY is that foreign actors can hide their po- on climate change. We have allowed ∑ Mr. NELSON. Mr. President, I would litical influence activities in the exact the biggest interest with the biggest like to recognize today, June 19, as same dark-money channels used by the conflict of interest to acquire veto Juneteenth Independence Day. We are big special interests. Once you tolerate power over what the Congress of the celebrating the 153rd anniversary of dark-money channels of influence in United States does on this vital issue. the date on which slavery legally came American elections, you can’t police This has been a double evil: It has to an end in the United States. On Jan- who uses those dark-money channels. been poisonous to the American democ- uary 1, 1863, President Lincoln issued Anonymity is anonymity; anyone racy we cherish, and by preventing ac- the Emancipation Proclamation to end could be hiding in the dark. Vladimir tion to address climate change, it is slavery in the United States, but it Putin could be hiding in the dark. We poisonous to our entire planet. still took 2 and a half years for this don’t know until we turn on the lights. By introducing this legislation, we news to spread throughout all the Last, the bill requires people spend- are giving our Republican colleagues a Southern States. Today, we honor the ing money on election advertising to chance to show the American people faith and strength demonstrated by ‘‘stand by your ad’’ so that the ad itself where they stand—with the individual former slaves and the descendants of identifies who is behind the adver- voters we were all sent here to rep- these individuals, who remain an exam- tising. resent, who massively want there to be ple for all people of the United States, Can we get this done? The public cer- climate action, or with the billionaires no matter their background, religion, tainly wants us to, and it wasn’t too and corporate interests pursuing a or race. It is my hope that Juneteenth long ago that Republicans supported quiet, hostile takeover of American de- and the Emancipation Proclamation disclosure. They were right back then, mocracy using dark money and serve as a reminder of the progress the but now Republicans, who once threats. United States has made towards equal- extolled the principles of openness and The cockroaches are everywhere. I ity and the ways in which we can still accountability in our elections, have say, let’s turn on the lights. improve.∑ changed their tune. Gone is their dis- I yield the floor. Mr. BOOKER. Mr. President, I rise Mr. BENNET. Mr. President, I sug- taste for secretive election spending; today to honor Juneteenth Independ- gest the absence of a quorum. indeed, a new appetite for secret spend- ence Day, a day that commemorates The PRESIDING OFFICER. The June 19, 1865, as the date on which slav- ing has emerged. clerk will call the roll. This is how the special interest rot of The senior assistant legislative clerk ery came to an end in the United our democracy occurs: The big special proceeded to call the roll. States. On this day, over 150 years ago, interests not only want to win in Con- Mr. MCCONNELL. Mr. President, I and over 2 and half years after Presi- gress, they want to change the rules of ask unanimous consent that the order dent Abraham Lincoln issued the democracy to make it so they can al- for the quorum call be rescinded. Emancipation Proclamation, Texas be- ways win in Congress, and they use The PRESIDING OFFICER. Without came the final State where the abolish- those changed rules to make sure their objection, it is so ordered. ment of slavery took effect. On this day, we must confront the party goes along with it. f Back in 2014, the Rules Committee ugly parts of our history and honor the actually held a hearing on DISCLOSE. MORNING BUSINESS slaves who suffered and died under a re- I hope we can get another hearing be- Mr. MCCONNELL. Mr. President, I pressive regime. We must also pay trib- cause since that time, the problem of ask unanimous consent that the Sen- ute to all those who had the strength

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.041 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4033 and conviction to fight to end slavery ical role and continues to be one of the part, as the region transformed over and keep our Union together. region’s strongest and most effective the last century, so too has the cham- Juneteenth Independence Day is also business and community advocates. It ber. Since 1923, the chamber has an important moment to recognize how has worked in partnership with numer- evolved and developed a number of af- far we have come and take note of how ous stakeholders to address the chal- filiates whose missions are to address far we have yet to go. At the time the lenges brought on by an ever-changing and respond to the changing regional Constitution was drafted, Native Amer- regional economy. dynamics through economic, indus- icans were referred to as savages, Afri- Although the mining and freight-de- trial, workforce, and community devel- can Americans were fractions of human pendent industries that represented the opment. These affiliates have worked beings, and women were not referred to growth of the greater Scranton re- to diversify the region’s economy and at all. The genius of our Constitution gion’s early days represent a bygone utilize the tools and resources avail- wasn’t its perfection, but rather that it era, today, new industries now call able to them to meet the needs of the inspired each generation to expand the northeastern Pennsylvania home. community and its business members. concepts of liberty and freedom and These new fields of business have Today, new industries now call make our Nation’s promise real for helped the area become a regional lead- northeast Pennsylvania home and have more and more people. We must not er in education, medicine, and manu- helped the area become a regional lead- rest until that liberty and freedom is facturing. Today, the region builds er in fields such as education, medi- real for all people, and this Juneteenth upon its rich history of industrial inge- cine, and manufacturing. Most notably, let us all recommit to helping our nuity, economic prosperity, and most what drives the region today is build- country live up to its fundamental notably, new Americans and immi- ing upon the greater Scranton area’s promise and highest ideals. grants seeking opportunity. In light of rich history of industrial and economic f the region’s diverse heritage and prosperity. These are key points the progress towards true equality, the chamber and its partners have seized 150TH ANNIVERSARY OF THE chamber hosted its inaugural NEPA on to promote the region as an ideal lo- GREATER SCRANTON CHAMBER Women’s Leadership Conference in cation for businesses of all sizes and OF COMMERCE 2015. I am proud of the chamber’s con- specialties. With a history of success Mr. CASEY. Mr. President, I rise tinued efforts as it strives to promote and an abundance of talent and exper- today to recognize the Greater Scran- the region as an ideal location for busi- tise, the greater Scranton area is well ton Chamber of Commerce on their nesses of all genders, ethnicities, races, positioned to attract entrepreneurs and 150th anniversary. I am proud to high- socioeconomic groups, sizes, and fields. businesses alike. light their many accomplishments and The greater Scranton area continues to I wish to recognize the significant significant contributions to my home- be well positioned to attract and retain contributions that the Greater Scran- town of Scranton and northeastern businesses, startups, and entrepre- ton Chamber of Commerce and its Pennsylvania. neurial ventures. members have made to the city of Eleven years after the city of Scran- It is a privilege to pay tribute to Scranton and the Commonwealth of ton was incorporated, 13 visionary and Greater Scranton Chamber of Com- Pennsylvania over the last 150 years ambitious men met in the upstairs of a merce’s historic legacy and the con- and wish them all the best as the grocery store and formed the Mer- tributions its members have made to chamber celebrates this sesquicenten- chants Association to encourage the the city of Scranton and the Common- nial anniversary. economic growth of the city. Scranton wealth of Pennsylvania over the last f was an industrial center of mining and 150 years. I wish the chamber contin- EXECUTIVE AND OTHER railroads, and the association’s first ued success and prosperity as it cele- COMMUNICATIONS order of business was to establish equi- brates this extraordinary sesquicenten- table freight rates. Later, the associa- nial anniversary. The following communications were tion was renamed the Scranton Board Mr. TOOMEY. Mr. President, I rise laid before the Senate, together with of Trade and in 1923 was officially char- today to recognize my constituents at accompanying papers, reports, and doc- tered as the Greater Scranton Chamber the Greater Scranton Chamber of Com- uments, and were referred as indicated: of Commerce. merce on their 150th anniversary and EC–5540. A communication from the Direc- For a century and a half, the cham- highlight their contributions to mak- tor of the Regulatory Management Division, ber has actively served the region, al- ing the greater Scranton region a won- Environmental Protection Agency, transmit- ways with the mission of cultivating a derful place to live, work, and raise a ting, pursuant to law, the report of a rule en- healthy business ecosystem that could titled ‘‘Extract of Swinglea glutinosa; Ex- family. emption from the Requirement of a Toler- attract, preserve, and create jobs in the Established in 1867 as the Scranton ance’’ (FRL No. 9977–75) received in the Of- area. In fact, the chamber has always Board of Trade, the Greater Scranton fice of the President of the Senate on June been a national leader and trendsetter Chamber of Commerce is the largest 14, 2018; to the Committee on Agriculture, within the business community. In business network in northeastern Nutrition, and Forestry. 1945, as many Scrantonians were serv- Pennsylvania, with more than 1,500 EC–5541. A communication from the Direc- ing in World War II, the chamber spear- member companies representing a vari- tor of the Office of Management and Budget, headed a community effort to save jobs ety of employers. The chamber is also Executive Office of the President, transmit- ting, pursuant to law, a cumulative report at the Murray Bomber Wing Plant, the parent organization to a number of on rescissions dated June 8, 2018; referred which resulted in the launching of the affiliates that support economic devel- jointly, pursuant to the order of January 30, Scranton Lackawanna Industrial opment, provide small business lending 1975, as modified by the order of April 11, Building Company. This innovative ef- services, facilitate leadership develop- 1986; to the Committees on Appropriations; fort created what is considered the ment programs, and guide workforce Banking, Housing, and Urban Affairs; the American standard model for economic development initiatives. From Scran- Budget; Commerce, Science, and Transpor- development. Today, as the largest ton’s early days as a hub for American tation; Energy and Natural Resources; Envi- business network in northeastern heavy industry, the chamber has ac- ronment and Public Works; Finance; Foreign Relations; Health, Education, Labor, and Pennsylvania with more than 1,500 tively served the region for more than Pensions; and the Judiciary. member companies representing a vari- 150 years, always with the mission of EC–5542. A communication from the Assist- ety of employers, the chamber helps to attracting, sustaining and growing jobs ant Attorney General for Administration foster economic development, provides in the area. and Chief Financial Officer, Department of small businesses access to affordable Since its inception, the chamber has Justice, transmitting, pursuant to law, a re- capital, facilitates leadership develop- been recognized as one of the region’s port entitled ‘‘Department of Justice Re- ment programs, and leads workforce preeminent business and community sponse to Government Accountability Office advocates. It has worked in partnership (GAO) finding of Antideficiency Act (ADA) development initiatives. Violations’’; to the Committee on Appropria- From Scranton’s early days as a hub with numerous stakeholders to address tions. for American entrepreneurship and in- the challenges brought on by an ever- EC–5543. A communication from the Under dustry, the chamber has played a crit- changing regional economy. For their Secretary of Defense (Acquisition and

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.046 S19JNPT1 S4034 CONGRESSIONAL RECORD — SENATE June 19, 2018 Sustainment), transmitting, pursuant to EC–5553. A communication from the Direc- June 15, 2018; to the Committee on Homeland law, a report relative to the operations of tor of the Regulatory Management Division, Security and Governmental Affairs. the National Defense Stockpile (NDS) for fis- Environmental Protection Agency, transmit- EC–5562. A communication from the Prin- cal year 2017; to the Committee on Armed ting, pursuant to law, the report of a rule en- cipal Deputy Assistant Attorney General, Of- Services. titled ‘‘Air Plan Approval; Wisconsin; Re- fice of Legislative Affairs, Department of EC–5544. A communication from the Under gional Haze Progress Report’’ (FRL No. 9979– Justice, transmitting, pursuant to law, the Secretary of Defense (Personnel and Readi- 32–Region 5) received in the Office of the Office of Community Oriented Policing Serv- ness), transmitting the report of three (3) of- President of the Senate on June 14, 2018; to ices Report on the Rafael Ramos and ficers authorized to wear the insignia of the the Committee on Environment and Public Wenjian Liu National Blue Alert Act; to the grade of brigadier general in accordance with Works. Committee on the Judiciary. title 10, United States Code, section 777; to EC–5554. A communication from the Assist- EC–5563. A communication from the Dep- the Committee on Armed Services. ant Secretary for Legislation, Department of uty Assistant Administrator for Regulatory EC–5545. A communication from the Alter- Health and Human Services, transmitting, Programs, Office of Sustainable Fisheries, nate Federal Register Liaison Officer, Office pursuant to law, a report entitled ‘‘Food and Department of Commerce, transmitting, pur- of the Secretary, Department of Defense, Drug Administration (FDA) 21st Century suant to law, the report of a rule entitled transmitting, pursuant to law, the report of Cures Workforce Planning Report to Con- ‘‘Atlantic Highly Migratory Species; Indi- vidual Bluefin Quota Program; Account- a rule entitled ‘‘Defense Information Sys- gress’’ ; to the Committee on Health, Edu- ability for Bluefin Tuna Catch’’ (RIN0648– tems Agency Freedom of Information Act cation, Labor, and Pensions. Program’’ (RIN0790–AJ60) received during ad- EC–5555. A communication from the Direc- BH17) received during adjournment of the Senate in the Office of the President of the journment of the Senate in the Office of the tor of the Division of Coal Mine Workers’ Senate on June 15, 2018; to the Committee on President of the Senate on June 15, 2018; to Compensation, Office of Workers’ Compensa- Commerce, Science, and Transportation. the Committee on Armed Services. tion Programs, Department of Labor, trans- EC–5564. A communication from the Dep- EC–5546. A communication from the Senior mitting, pursuant to law, the report of a rule uty Assistant Administrator for Regulatory Procurement Executive, Office of Acquisi- entitled ‘‘Black Lung Benefits Act: Medical Programs, Office of Sustainable Fisheries, tion Policy, General Services Administra- Benefits Payments’’ (RIN1240–AA11) received Department of Commerce, transmitting, pur- tion, transmitting, pursuant to law, the re- in the Office of the President of the Senate suant to law, the report of a rule entitled port of a rule entitled ‘‘Federal Acquisition on June 14, 2018; to the Committee on ‘‘Emergency Measures to Address Over- Regulation; Violations of Arms Control Health, Education, Labor, and Pensions. fishing of Atlantic Shortfin Mako Shark’’ Treaties or Agreements with the United EC–5556. A communication from the Assist- (RIN0648–BH49) received during adjournment States’’ ((RIN9000–AN57) (FAC 2005–99)) re- ant General Counsel for Regulatory Services, of the Senate in the Office of the President ceived during adjournment of the Senate in Office of General Counsel, Department of of the Senate on June 15, 2018; to the Com- the Office of the President of the Senate on Education, transmitting, pursuant to law, mittee on Commerce, Science, and Transpor- June 15, 2018; to the Committee on Armed the report of a rule entitled ‘‘State Fiscal tation. Services. Stabilization Fund Program’’ (RIN1894– EC–5565. A communication from the Dep- EC–5547. A communication from the Sec- AA03) received in the Office of the President uty Assistant Administrator for Regulatory retary of Housing and Urban Development, of the Senate on June 14, 2018; to the Com- Programs, Office of Sustainable Fisheries, transmitting, pursuant to law, the Depart- mittee on Health, Education, Labor, and Department of Commerce, transmitting, pur- ment’s fiscal year 2017 annual report on com- Pensions. suant to law, the report of a rule entitled petition; to the Committee on Banking, EC–5557. A communication from the Chair- ‘‘Pacific Island Pelagic Fisheries; 2017 U.S. Housing, and Urban Affairs. man of the Council of the District of Colum- Territorial Longline Bigeye Tuna Catch EC–5548. A communication from the Assist- bia, transmitting, pursuant to law, a report Limits’’ (RIN0648–XF156) received during ad- ant Director for Regulatory Affairs, Office of on D.C. Act 22–378, ‘‘Hearing Aid Assistance journment of the Senate in the Office of the Foreign Assets Control, Department of the Program Act of 2018’’ ; to the Committee on President of the Senate on June 15, 2018; to Treasury, transmitting, pursuant to law, the Homeland Security and Governmental Af- the Committee on Commerce, Science, and report of a rule entitled ‘‘Rough Diamonds fairs. Transportation. Control Regulations’’ (31 CFR Part 592) re- EC–5558. A communication from the Chair- EC–5566. A communication from the Dep- ceived during adjournment of the Senate in man of the Council of the District of Colum- uty Assistant Administrator for Regulatory the Office of the President of the Senate on bia, transmitting, pursuant to law, a report Programs, Office of Sustainable Fisheries, June 15, 2018; to the Committee on Banking, on D.C. Act 22–379, ‘‘Historic Anacostia Va- Department of Commerce, transmitting, pur- Housing, and Urban Affairs. cant Properties Surplus Declaration and Dis- suant to law, the report of a rule entitled EC–5549. A communication from the Direc- position Authorization Act of 2018’’ ; to the ‘‘Fisheries of the Northeastern United tor, Office of Management and Budget, Exec- Committee on Homeland Security and Gov- States; Atlantic Mackerel, Squid and utive Office of the President, transmitting, a ernmental Affairs. Butterfish Fisheries; Specifications’’ legislative proposal relative to the President EC–5559. A communication from the Senior (RIN0648–BH04) received during adjournment of the United States’ fiscal year 2019 budget Procurement Executive, Office of Acquisi- of the Senate in the Office of the President request; to the Committee on Environment tion Policy, General Services Administra- of the Senate on June 15, 2018; to the Com- and Public Works. tion, transmitting, pursuant to law, the re- mittee on Commerce, Science, and Transpor- EC–5550. A communication from the Direc- port of a rule entitled ‘‘Federal Acquisition tation. tor of the Regulatory Management Division, Regulation, Use of Products and Services of EC–5567. A communication from the Dep- Environmental Protection Agency, transmit- Kaspersky Lab’’ ((RIN9000–AN64) (FAC 2005– uty Assistant Administrator for Regulatory ting, pursuant to law, the report of a rule en- 99)) received during adjournment of the Sen- Programs, Office of Sustainable Fisheries, titled ‘‘Air Plan Approval and Air Quality ate in the Office of the President of the Sen- Department of Commerce, transmitting, pur- suant to law, the report of a rule entitled Designation; AL; Redesignation of the Pike ate on June 15, 2018; to the Committee on ‘‘Fisheries of the Caribbean, Gulf of Mexico, County Lead Nonattainment Area to Attain- Homeland Security and Governmental Af- and South Atlantic; Reef Fish Fishery of the ment’’ (FRL No. 9979–61–Region 4) received in fairs. Gulf of Mexico; Modifications to Greater the Office of the President of the Senate on EC–5560. A communication from the Senior Amberjack Allowable Harvest and Rebuild- June 14, 2018; to the Committee on Environ- Procurement Executive, Office of Acquisi- ing Plan’’ (RIN0648–BH14) received during ad- tion Policy, General Services Administra- ment and Public Works. journment of the Senate in the Office of the EC–5551. A communication from the Direc- tion, transmitting, pursuant to law, the re- President of the Senate on June 15, 2018; to tor of the Regulatory Management Division, port of a rule entitled ‘‘Federal Acquisition the Committee on Commerce, Science, and Environmental Protection Agency, transmit- Regulation: Federal Acquisition Circular Transportation. ting, pursuant to law, the report of a rule en- 2005–99; Small Entity Compliance Guide’’ EC–5568. A communication from the Acting titled ‘‘Air Plan Approval; ID, Crop Residue ((Docket No. FAR 2018–0001, Sequence No. 3) Deputy Assistant Administrator for Regu- Burning; Revision to Ozone Requirement’’ (FAC 2005–99)) received during adjournment latory Programs, Office of Sustainable Fish- (FRL No. 9979–48–Region 10) received in the of the Senate in the Office of the President eries, Department of Commerce, transmit- Office of the President of the Senate on June of the Senate on June 15, 2018; to the Com- ting, pursuant to law, the report of a rule en- 14, 2018; to the Committee on Environment mittee on Homeland Security and Govern- titled ‘‘Pacific Halibut Fisheries; Catch and Public Works. mental Affairs. Sharing Plan; Correction’’ (RIN0648–BG61) EC–5552. A communication from the Direc- EC–5561. A communication from the Senior received during adjournment of the Senate tor of the Regulatory Management Division, Procurement Executive, Office of Acquisi- in the Office of the President of the Senate Environmental Protection Agency, transmit- tion Policy, General Services Administra- on June 15, 2018; to the Committee on Com- ting, pursuant to law, the report of a rule en- tion, transmitting, pursuant to law, the re- merce, Science, and Transportation. titled ‘‘Air Plan Approval; Maine; Infrastruc- port of a rule entitled ‘‘Federal Acquisition EC–5569. A communication from the Acting ture State Implementation Plan Require- Regulation: Federal Acquisition Circular Deputy Assistant Administrator for Regu- ments’’ (FRL No. 9979–07–Region 1) received 2005–99; Introduction’’ ((Docket No. FAR latory Programs, Office of Sustainable Fish- in the Office of the President of the Senate 2018–0001, Sequence No. 3) (FAC 2005–99)) re- eries, Department of Commerce, transmit- on June 14, 2018; to the Committee on Envi- ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- ronment and Public Works. the Office of the President of the Senate on titled ‘‘Pacific Halibut Fisheries; Catch

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.017 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4035 Sharing Plan’’ (RIN0648–BG61) received dur- John Lowry III, of Illinois, to be Assistant ergy to establish a program to prepare vet- ing adjournment of the Senate in the Office Secretary of Labor for Veterans’ Employ- erans for careers in the energy industry, in- of the President of the Senate on June 15, ment and Training. cluding the solar, wind, cybersecurity, and 2018; to the Committee on Commerce, (Nominations without an asterisk other low-carbon emissions sectors or zero- Science, and Transportation. emissions sectors of the energy industry, and EC–5570. A communication from the Acting were reported with the recommenda- for other purposes; to the Committee on En- Deputy Assistant Administrator for Regu- tion that they be confirmed.) ergy and Natural Resources. latory Programs, Office of Sustainable Fish- f By Mr. ISAKSON (for himself, Mr. eries, Department of Commerce, transmit- TESTER, Mr. MORAN, Mr. BOOZMAN, ting, pursuant to law, the report of a rule en- EXECUTIVE REPORT OF Mr. HELLER, Mr. CASSIDY, Mr. titled ‘‘Magnuson-Stevens Fishery Conserva- COMMITTEE—TREATY ROUNDS, Mr. TILLIS, Mr. SULLIVAN, tion and Management Act Provisions; Fish- Mrs. MURRAY, Mr. SANDERS, Mr. eries of the Northeastern United States; Es- The following executive report of BROWN, Mr. BLUMENTHAL, Ms. sential Fish Habitat’’ (RIN0648–BF82) re- committee was submitted: HIRONO, and Mr. MANCHIN): ceived during adjournment of the Senate in By Mr. CORKER, from the Committee on S. 3089. A bill to provide for an increase, ef- the Office of the President of the Senate on Foreign Relations: fective December 1, 2018, in the rates of com- June 15, 2018; to the Committee on Com- Treaty Doc. 114–6: Marrakesh Treaty to Fa- pensation for veterans with service-con- merce, Science, and Transportation. cilitate Access to Published Works for Per- nected disabilities and the rates of depend- EC–5571. A communication from the Acting sons Who Are Blind, Visually Impaired, or ency and indemnity compensation for the Deputy Assistant Administrator for Regu- Otherwise Print Disabled with 1 declaration survivors of certain disabled veterans, and latory Programs, Office of Sustainable Fish- (Ex. Rept. 115–6) for other purposes; to the Committee on Vet- erans’ Affairs. eries, Department of Commerce, transmit- The text of the committee-rec- ting, pursuant to law, the report of a rule en- By Ms. KLOBUCHAR (for herself and titled ‘‘Fisheries of the Northeastern United ommended resolution of advice and Mr. BROWN): States; Atlantic Sea Scallop Fishery; Frame- consent to ratification is as follows: S. 3090. A bill to amend the National Voter work Adjustment 28’’ (RIN0648–BG46) re- As reported by the Committee on Foreign Registration Act of 1993 to clarify that a ceived during adjournment of the Senate in Relations: State may not use an individual’s failure to the Office of the President of the Senate on Resolved, (two-thirds of the Senators present vote as the basis for initiating the proce- dures provided under such Act for the re- June 15, 2018; to the Committee on Com- concurring therein), moval of the individual from the official list merce, Science, and Transportation. Section 1. Senate Advice and Consent Sub- EC–5572. A communication from the Acting ject to a Declaration. of registered voters in the State on the grounds that the individual has changed resi- Deputy Assistant Administrator for Regu- The Senate advises and consents to the dence, and for other purposes; to the Com- latory Programs, Office of Sustainable Fish- ratification of the Marrakesh Treaty to Fa- mittee on Rules and Administration. eries, Department of Commerce, transmit- cilitate Access to Published Works for Per- By Mr. CRUZ (for himself, Mr. BAR- ting, pursuant to law, the report of a rule en- sons Who Are Blind, Visually Impaired, or RASSO, Mr. BLUNT, Mr. CRAPO, Mr. titled ‘‘Capital Construction Fund; Fishing Otherwise Print Disabled, Done at Marra- DAINES, Mrs. ERNST, Mr. HATCH, Mr. Vessel Capital Construction Fund Proce- kesh on June 27, 2013 (Treaty Doc. 114–6), HOEVEN, Mr. INHOFE, Mr. RISCH, Mr. dures’’ (RIN0648–AW57) received during ad- subject to the declaration of section 2. ROUNDS, Mr. ROBERTS, Mr. RUBIO, Mr. journment of the Senate in the Office of the Sec. 2. Declaration. SASSE, Mr. SCOTT, Mr. TOOMEY, Mr. President of the Senate on June 15, 2018; to The Senate’s advice and consent under sec- YOUNG, Mr. LEE, and Mr. WICKER): the Committee on Commerce, Science, and tion 1 is subject to the following declaration: S. 3091. A bill to limit the separation of Transportation. The Treaty is not self-executing. families seeking asylum in the United States f f and expedite the asylum process for individ- REPORTS OF COMMITTEES uals arriving in the United States with chil- INTRODUCTION OF BILLS AND dren; to the Committee on the Judiciary. The following reports of committees JOINT RESOLUTIONS f were submitted: The following bills and joint resolu- SUBMISSION OF CONCURRENT AND By Mr. GRASSLEY, from the Committee tions were introduced, read the first on the Judiciary, without amendment: SENATE RESOLUTIONS and second times by unanimous con- S. 207. A bill to amend the Controlled Sub- The following concurrent resolutions sent, and referred as indicated: stances Act relating to controlled substance and Senate resolutions were read, and analogues. By Mrs. MCCASKILL (for herself and referred (or acted upon), as indicated: By Mr. GRASSLEY, from the Committee Mr. LANKFORD): on the Judiciary, with an amendment in the S. 3085. A bill to establish a Federal Acqui- By Mr. CARPER (for himself, Mr. ISAK- nature of a substitute: sition Security Council and to provide execu- SON, Mr. TESTER, Mr. SULLIVAN, Mr. S. 2535. A bill to amend the Controlled Sub- tive agencies with authorities relating to TILLIS, and Mr. NELSON): S. Res. 551. A resolution expressing support stances Act to strengthen Drug Enforcement mitigating supply chain risks in the procure- for the designation of the week of June 18 Administration discretion in setting opioid ment of information technology, and for through June 22, 2018, as National GI Bill quotas. other purposes; to the Committee on Home- By Mr. GRASSLEY, from the Committee Commemoration Week; to the Committee on land Security and Governmental Affairs. Veterans’ Affairs. on the Judiciary, without amendment: By Mrs. ERNST (for herself and Mr. S. 2645. A bill to establish a demonstration KING): f program under which the Drug Enforcement S. 3086. A bill to amend the Internal Rev- ADDITIONAL COSPONSORS Administration provides grants to certain enue Code of 1986 to exclude major profes- States to enable those States to increase sional sports leagues from qualifying as tax- S. 275 participation in drug take-back programs. exempt organizations; to the Committee on At the request of Ms. HEITKAMP, the By Mr. GRASSLEY, from the Committee Finance. name of the Senator from Wyoming on the Judiciary, with an amendment in the By Ms. HARRIS (for herself, Mr. MUR- (Mr. ENZI) was added as a cosponsor of nature of a substitute: PHY, Mr. BLUMENTHAL, Mr. WYDEN, S. 2789. A bill to prevent substance abuse S. 275, a bill to allow the financing by Mr. CARPER, Mr. BOOKER, Mrs. FEIN- and reduce demand for illicit narcotics. United States persons of sales of agri- S. 2837. A bill to improve the systems for STEIN, Mr. MENENDEZ, and Mr. cultural commodities to Cuba. MERKLEY): identifying the diversion of controlled sub- S. 281 stances. S. 3087. A bill to direct the Administrator of the National Oceanic and Atmospheric Ad- At the request of Mr. LEE, the name S. 2838. A bill to amend the Controlled Sub- of the Senator from California (Ms. stances Act to require the Drug Enforcement ministration to make grants to State and HARRIS) was added as a cosponsor of S. Administration to report certain informa- local governments and nonprofit organiza- tion on distribution of opioids, and for other tions for purposes of carrying out shoreline 281, a bill to amend the Immigration purposes. stabilization projects utilizing natural mate- and Nationality Act to eliminate the rials that support natural habitats and eco- per-country numerical limitation for f system functions, and for other purposes; to employment-based immigrants, to in- EXECUTIVE REPORT OF the Committee on Commerce, Science, and crease the per-country numerical limi- COMMITTEE Transportation. tation for family-sponsored immi- By Mr. DURBIN (for Ms. DUCKWORTH grants, and for other purposes. The following executive report of a (for herself, Mr. GRAHAM, and Mr. nomination was submitted: BENNET)): S. 352 By Mr. ISAKSON for the Committee on S. 3088. A bill to amend the Energy Policy At the request of Mr. CORKER, the Veterans’ Affairs. Act of 2005 to require the Secretary of En- name of the Senator from Utah (Mr.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.019 S19JNPT1 S4036 CONGRESSIONAL RECORD — SENATE June 19, 2018 HATCH) was added as a cosponsor of S. mary care service arrangements and (Mr. JONES), the Senator from Iowa 352, a bill to award a Congressional periodic provider fees. (Mrs. ERNST) and the Senator from Ne- Gold Medal to Master Sergeant S. 1682 braska (Mr. SASSE) were added as co- Rodrick ‘‘Roddie’’ Edmonds in recogni- At the request of Mr. GARDNER, the sponsors of S. 2497, a bill to amend the tion of his heroic actions during World names of the Senator from Florida (Mr. Foreign Assistance Act of 1961 and the War II. RUBIO) and the Senator from Nevada Arms Export Control Act to make im- S. 479 (Ms. CORTEZ MASTO) were added as co- provements to certain defense and se- At the request of Mr. BROWN, the sponsors of S. 1682, a bill to facilitate a curity assistance provisions and to au- name of the Senator from North Caro- national pipeline of spectrum for com- thorize the appropriations of funds to lina (Mr. BURR) was added as a cospon- mercial use, and for other purposes. Israel, and for other purposes. sor of S. 479, a bill to amend title XVIII S. 2076 S. 2564 of the Social Security Act to waive co- At the request of Ms. COLLINS, the At the request of Mr. TILLIS, the insurance under Medicare for names of the Senator from Indiana name of the Senator from Arizona (Mr. colorectal cancer screening tests, re- (Mr. DONNELLY), the Senator from Col- FLAKE) was added as a cosponsor of S. gardless of whether therapeutic inter- orado (Mr. BENNET) and the Senator 2564, a bill to amend title 11, United vention is required during the screen- from Alabama (Mr. JONES) were added States Code, to promote the investiga- ing. as cosponsors of S. 2076, a bill to amend tion of fraudulent claims against cer- S. 515 the Public Health Service Act to au- tain trusts, to amend title 18, United States Code, to provide penalties At the request of Mr. CASEY, the thorize the expansion of activities re- name of the Senator from California lated to Alzheimer’s disease, cognitive against fraudulent claims against cer- tain trusts, and for other purposes. (Ms. HARRIS) was added as a cosponsor decline, and brain health under the of S. 515, a bill to require the Secretary Alzheimer’s Disease and Healthy Aging S. 2602 of Labor to maintain a publicly avail- Program, and for other purposes. At the request of Mr. BARRASSO, the able list of all employers that relocate At the request of Ms. CORTEZ MASTO, name of the Senator from Wyoming a call center overseas, to make such the name of the Senator from New (Mr. ENZI) was added as a cosponsor of companies ineligible for Federal grants York (Mrs. GILLIBRAND) was added as a S. 2602, a bill to support carbon dioxide or guaranteed loans, and to require dis- cosponsor of S. 2076, supra. utilization and direct air capture re- closure of the physical location of busi- S. 2101 search, to facilitate the permitting and development of carbon capture, utiliza- ness agents engaging in customer serv- At the request of Mr. DONNELLY, the ice communications, and for other pur- name of the Senator from Tennessee tion, and sequestration projects and carbon dioxide pipelines, and for other poses. (Mr. ALEXANDER) was added as a co- purposes. S. 794 sponsor of S. 2101, a bill to award a S. 2736 At the request of Mr. ISAKSON, the Congressional Gold Medal, collectively, At the request of Mr. GARDNER, the name of the Senator from Louisiana to the crew of the USS Indianapolis, in name of the Senator from South Caro- (Mr. KENNEDY) was added as a cospon- recognition of their perseverance, brav- lina (Mr. GRAHAM) was added as a co- sor of S. 794, a bill to amend title XVIII ery, and service to the United States. sponsor of S. 2736, a bill to develop a of the Social Security Act in order to S. 2127 long-term strategic vision and a com- improve the process whereby Medicare At the request of Ms. MURKOWSKI, the prehensive, multifaceted, and prin- administrative contractors issue local name of the Senator from Indiana (Mr. cipled United States policy for the coverage determinations under the DONNELLY) was added as a cosponsor of Indo-Pacific region, and for other pur- Medicare program, and for other pur- S. 2127, a bill to award a Congressional poses. poses. Gold Medal, collectively, to the United S. 2835 S. 802 States merchant mariners of World At the request of Ms. COLLINS, the War II, in recognition of their dedi- At the request of Mr. BROWN, the name of the Senator from Colorado name of the Senator from West Vir- cated and vital service during World (Mr. GARDNER) was added as a cospon- War II. ginia (Mr. MANCHIN) was added as a co- sor of S. 2835, a bill to require a study sponsor of S. 802, a bill to award a Con- S. 2221 of the well-being of the newsprint and gressional Gold Medal in honor of Law- At the request of Mr. JOHNSON, the publishing industry in the United rence Eugene ‘‘Larry’’ Doby in recogni- name of the Senator from Wyoming States, and for other purposes. tion of his achievements and contribu- (Mr. ENZI) was added as a cosponsor of S. 2839 tions to American major league ath- S. 2221, a bill to repeal the multi-State At the request of Mr. VAN HOLLEN, letics, civil rights, and the Armed plan program. the name of the Senator from Nevada Forces during World War II. S. 2269 (Ms. CORTEZ MASTO) was added as a co- S. 937 At the request of Mr. CASEY, the sponsor of S. 2839, a bill to amend the At the request of Mr. CASEY, the name of the Senator from Michigan Food, Agriculture, Conservation, and name of the Senator from Massachu- (Mr. PETERS) was added as a cosponsor Trade Act of 1990 to improve assistance setts (Ms. WARREN) was added as a co- of S. 2269, a bill to reauthorize the for socially disadvantaged farmers and sponsor of S. 937, a bill to amend the Global Food Security Act of 2016 for 5 ranchers and veteran farmers and Internal Revenue Code of 1986 to pro- additional years. ranchers, and for other purposes. vide for a refundable adoption tax cred- S. 2489 S. 2937 it. At the request of Ms. HEITKAMP, the At the request of Ms. SMITH, the S. 1354 name of the Senator from New Mexico names of the Senator from Washington At the request of Mr. CARPER, the (Mr. UDALL) was added as a cosponsor (Ms. CANTWELL) and the Senator from name of the Senator from Minnesota of S. 2489, a bill to amend the Housing Wisconsin (Ms. BALDWIN) were added as (Ms. SMITH) was added as a cosponsor Act of 1949 to extend the authority of cosponsors of S. 2937, a bill to protect of S. 1354, a bill to establish an Indi- the Secretary of Agriculture to make children affected by immigration en- vidual Market Reinsurance fund to pro- loans to certain entities for housing forcement actions. vide funding for State individual mar- and buildings on adequate farms, to es- S. 2971 ket stabilization reinsurance programs. tablish a technical assistance program At the request of Mr. BOOKER, the S. 1358 to improve access by Tribal entities to names of the Senator from Michigan At the request of Mr. CASSIDY, the rural development programs, and for (Mr. PETERS) and the Senator from Or- name of the Senator from Arkansas other purposes. egon (Mr. WYDEN) were added as co- (Mr. BOOZMAN) was added as a cospon- S. 2497 sponsors of S. 2971, a bill to amend the sor of S. 1358, a bill to amend the Inter- At the request of Mr. RUBIO, the Animal Welfare Act to prohibit animal nal Revenue Code of 1986 to provide for names of the Senator from Iowa (Mr. fighting in the United States terri- the treatment of certain direct pri- GRASSLEY), the Senator from Alabama tories.

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S. 3051 the United States, with a 1988 report from be proposed to amendment SA 2910 proposed At the request of Mr. HOEVEN, the the Subcommittee on Education and Health by Mr. SHELBY to the bill H.R. 5895, supra; name of the Senator from South Da- of the Joint Economic Committee of Con- which was ordered to lie on the table. gress concluding that for every $1 the United SA 2924. Mr. BOOZMAN (for himself, Mr. kota (Mr. ROUNDS) was added as a co- BLUNT, Mrs. MCCASKILL, Mr. COTTON, Mr. sponsor of S. 3051, a bill to require the States invested in such Act, $6.90 was re- turned in growth to the economy of the INHOFE, and Mr. LANKFORD) submitted an Secretary of Transportation to estab- United States; amendment intended to be proposed to lish a working group to study regu- Whereas such Act expressed the duty, re- amendment SA 2910 proposed by Mr. SHELBY latory and legislative improvements sponsibility, and desire of a grateful United to the bill H.R. 5895, supra; which was or- for the livestock, insect, and agricul- States to see to it that those who served on dered to lie on the table. tural commodities transport indus- active duty in the Armed Forces are afforded SA 2925. Mr. BOOZMAN (for himself and Mr. SCHATZ) submitted an amendment in- tries, and for other purposes. every opportunity to become disciplined forces for United States prosperity and tended to be proposed to amendment SA 2910 S. 3057 progress, through economic opportunity and proposed by Mr. SHELBY to the bill H.R. 5895, At the request of Mr. PORTMAN, the investment; supra; which was ordered to lie on the table. SA 2926. Mr. YOUNG (for himself and Mr. name of the Senator from Nevada (Mr. Whereas Congress enacted subsequent Acts DONNELLY) submitted an amendment in- HELLER) was added as a cosponsor of S. to provide educational assistance to new tended to be proposed to amendment SA 2910 3057, a bill to provide for the processing generations of veterans, including the Vet- proposed by Mr. SHELBY to the bill H.R. 5895, erans’ Readjustment Benefits Act of 1966 by U.S. Customs and Border Protection supra; which was ordered to lie on the table. (Public Law 89–358), the Post-Vietnam Era of certain international mail ship- SA 2927. Mrs. MURRAY submitted an Veterans’ Educational Assistance Act of 1977 ments and to require the provision of amendment intended to be proposed to (Public Law 94–502), the Veterans’ Edu- advance electronic information on amendment SA 2910 proposed by Mr. SHELBY cational Assistance Act of 1984 (Public Law to the bill H.R. 5895, supra; which was or- international mail shipments of mail. 98–525), and the Post-9/11 Veterans Edu- S. RES. 168 dered to lie on the table. cational Assistance Act of 2008 (Public Law SA 2928. Mrs. GILLIBRAND (for herself, At the request of Mr. CARDIN, the 110–252). Ms. BALDWIN, and Mr. JOHNSON) submitted an name of the Senator from Wisconsin Whereas the week of June 18 through June amendment intended to be proposed to (Ms. BALDWIN) was added as a cospon- 22, 2018, is an appropriate week to designate amendment SA 2910 proposed by Mr. SHELBY sor of S. Res. 168, a resolution sup- as ‘‘National GI Bill Commemoration to the bill H.R. 5895, supra; which was or- porting respect for human rights and Week’’: Now, therefore, be it dered to lie on the table. Resolved, That the Senate— SA 2929. Mr. JONES (for himself, Mr. encouraging inclusive governance in (1) honors the achievements of the Service- Ethiopia. TESTER, Mr. NELSON, Mrs. GILLIBRAND, Mrs. men’s Readjustment Act of 1944 (58 Stat. 284) MURRAY, Mr. BROWN, and Mr. UDALL) sub- S. RES. 522 in democratizing higher education, estab- mitted an amendment intended to be pro- At the request of Mrs. HYDE-SMITH, lishing greater citizenship through economic posed to amendment SA 2910 proposed by Mr. the names of the Senator from Mis- empowerment, and empowering a generation SHELBY to the bill H.R. 5895, supra; which sissippi (Mr. WICKER), the Senator from that would serve for decades to guide the was ordered to lie on the table. transformation of the United States into a Washington (Ms. CANTWELL), the Sen- SA 2930. Ms. BALDWIN (for herself and Mr. global force for good; and PORTMAN) submitted an amendment intended ator from Maryland (Mr. VAN HOLLEN) (2) affirms Congress’ responsibility to be and the Senator from Massachusetts to be proposed to amendment SA 2910 pro- faithful stewards of educational assistance posed by Mr. SHELBY to the bill H.R. 5895, (Ms. WARREN) were added as cosponsors provided under laws administered by the supra; which was ordered to lie on the table. of S. Res. 522, a resolution designating Secretary of Veterans Affairs to ensure that SA 2931. Mr. TESTER submitted an amend- the week of September 23 through Sep- such assistance endures as an honorable in- ment intended to be proposed to amendment tember 29, 2018 as ‘‘Gold Star Families vestment of public dollars. SA 2910 proposed by Mr. SHELBY to the bill Remembrance Week’’. f H.R. 5895, supra; which was ordered to lie on the table. f AMENDMENTS SUBMITTED AND SA 2932. Mr. TESTER (for himself, Ms. SUBMITTED RESOLUTIONS PROPOSED BALDWIN, Mrs. MURRAY, and Mr. MURPHY) SA 2916. Mr. CASSIDY (for himself and Mr. submitted an amendment intended to be pro- DAINES) submitted an amendment intended posed to amendment SA 2910 proposed by Mr. SENATE RESOLUTION 551—EX- to be proposed to amendment SA 2910 pro- SHELBY to the bill H.R. 5895, supra; which PRESSING SUPPORT FOR THE posed by Mr. SHELBY to the bill H.R. 5895, was ordered to lie on the table. SA 2933. Mr. TESTER submitted an amend- DESIGNATION OF THE WEEK OF making appropriations for energy and water development and related agencies for the fis- ment intended to be proposed to amendment JUNE 18 THROUGH JUNE 22, 2018, SA 2910 proposed by Mr. SHELBY to the bill AS NATIONAL GI BILL COM- cal year ending September 30, 2019, and for other purposes; which was ordered to lie on H.R. 5895, supra; which was ordered to lie on MEMORATION WEEK the table. the table. SA 2934. Mr. TESTER (for himself and Mr. Mr. CARPER (for himself, Mr. ISAK- SA 2917. Mr. CASSIDY submitted an amendment intended to be proposed to BROWN) submitted an amendment intended SON, Mr. TESTER, Mr. SULLIVAN, Mr. to be proposed to amendment SA 2910 pro- TILLIS, and Mr. NELSON) submitted the amendment SA 2910 proposed by Mr. SHELBY to the bill H.R. 5895, supra; which was or- posed by Mr. SHELBY to the bill H.R. 5895, following resolution; which was re- dered to lie on the table. supra; which was ordered to lie on the table. ferred to the Committee on Veterans’ SA 2918. Mr. BENNET submitted an SA 2935. Mr. TESTER submitted an amend- Affairs: amendment intended to be proposed to ment intended to be proposed to amendment S. RES. 551 amendment SA 2910 proposed by Mr. SHELBY SA 2910 proposed by Mr. SHELBY to the bill to the bill H.R. 5895, supra; which was or- H.R. 5895, supra; which was ordered to lie on Whereas, on June 22, 1944, in demonstra- the table. tion of the full support of the United States dered to lie on the table. SA 2919. Mr. WHITEHOUSE submitted an SA 2936. Mr. HOEVEN (for himself and Ms. for the transition of members of the Armed amendment intended to be proposed by him HEITKAMP) submitted an amendment in- Forces to civilian life, President Franklin D. to the bill H.R. 5895, supra; which was or- tended to be proposed to amendment SA 2910 Roosevelt signed into law the Servicemen’s dered to lie on the table. proposed by Mr. SHELBY to the bill H.R. 5895, Readjustment Act of 1944 (58 Stat. 284), more SA 2920. Mr. CARPER (for himself and Mr. supra; which was ordered to lie on the table. commonly known as the ‘‘G.I. Bill of ALEXANDER) proposed an amendment to SA 2937. Mr. HOEVEN submitted an Rights’’; amendment SA 2910 proposed by Mr. SHELBY amendment intended to be proposed to Whereas such Act made available to to the bill H.R. 5895, supra. amendment SA 2910 proposed by Mr. SHELBY 16,000,000 veterans who served in the Armed SA 2921. Mr. HEINRICH (for himself and to the bill H.R. 5895, supra; which was or- Forces during World War II immediate finan- Mr. UDALL) submitted an amendment in- dered to lie on the table. cial support and transformational education tended to be proposed to amendment SA 2910 SA 2938. Mrs. ERNST (for herself and Mr. and home loan programs; proposed by Mr. SHELBY to the bill H.R. 5895, LANKFORD) submitted an amendment in- Whereas such Act contributed 450,000 engi- supra; which was ordered to lie on the table. tended to be proposed to amendment SA 2910 neers, 240,000 accountants, 238,000 teachers, SA 2922. Ms. BALDWIN submitted an proposed by Mr. SHELBY to the bill H.R. 5895, 91,000 scientists, 67,000 doctors, 122,000 den- amendment intended to be proposed to supra; which was ordered to lie on the table. tists, 17,000 writers and editors, and thou- amendment SA 2910 proposed by Mr. SHELBY SA 2939. Mr. WHITEHOUSE submitted an sands of other professionals to the workforce to the bill H.R. 5895, supra; which was or- amendment intended to be proposed to of the United States; dered to lie on the table. amendment SA 2910 proposed by Mr. SHELBY Whereas this combination of opportunities SA 2923. Ms. BALDWIN (for herself and Mr. to the bill H.R. 5895, supra; which was or- changed the social and economic fabric of JONES) submitted an amendment intended to dered to lie on the table.

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SA 2940. Mr. WHITEHOUSE submitted an amendment SA 2910 proposed by Mr. SHELBY SA 2976. Mr. PAUL submitted an amend- amendment intended to be proposed by him to the bill H.R. 5895, supra; which was or- ment intended to be proposed to amendment to the bill H.R. 5895, supra; which was or- dered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill dered to lie on the table. SA 2959. Ms. KLOBUCHAR submitted an H.R. 5895, supra; which was ordered to lie on SA 2941. Mr. WHITEHOUSE submitted an amendment intended to be proposed by her the table. amendment intended to be proposed to to the bill H.R. 5895, supra; which was or- SA 2977. Mr. PAUL submitted an amend- amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table. ment intended to be proposed to amendment to the bill H.R. 5895, supra; which was or- SA 2960. Ms. KLOBUCHAR (for herself and SA 2910 proposed by Mr. SHELBY to the bill dered to lie on the table. Mr. TILLIS) submitted an amendment in- H.R. 5895, supra; which was ordered to lie on SA 2942. Ms. CORTEZ MASTO submitted tended to be proposed by her to the bill H.R. the table. an amendment intended to be proposed by 5895, supra; which was ordered to lie on the SA 2978. Mr. THUNE (for himself, Mr. DUR- her to the bill H.R. 5895, supra; which was or- table. BIN, Mr. ALEXANDER, Ms. KLOBUCHAR, Mr. dered to lie on the table. SA 2961. Mr. TESTER (for himself and Mr. ROUNDS, and Mr. GRASSLEY) submitted an SA 2943. Mr. MCCONNELL (for Mr. CRAPO DAINES) submitted an amendment intended amendment intended to be proposed to (for himself, Mr. WHITEHOUSE, and Mr. to be proposed to amendment SA 2910 pro- amendment SA 2910 proposed by Mr. SHELBY RISCH)) proposed an amendment to amend- posed by Mr. SHELBY to the bill H.R. 5895, to the bill H.R. 5895, supra; which was or- ment SA 2910 proposed by Mr. SHELBY to the supra; which was ordered to lie on the table. dered to lie on the table. bill H.R. 5895, supra. SA 2962. Ms. CORTEZ MASTO submitted SA 2979. Ms. MURKOWSKI submitted an SA 2944. Mr. CRUZ submitted an amend- an amendment intended to be proposed by amendment intended to be proposed to ment intended to be proposed to amendment her to the bill H.R. 5895, supra; which was or- amendment SA 2910 proposed by Mr. SHELBY SA 2910 proposed by Mr. SHELBY to the bill dered to lie on the table. to the bill H.R. 5895, supra; which was or- H.R. 5895, supra; which was ordered to lie on SA 2963. Mr. SANDERS (for himself and dered to lie on the table. the table. Mr. NELSON) submitted an amendment in- SA 2980. Mr. HEINRICH (for himself and SA 2945. Mr. HELLER submitted an tended to be proposed to amendment SA 2910 Mr. GARDNER) submitted an amendment in- amendment intended to be proposed to proposed by Mr. SHELBY to the bill H.R. 5895, tended to be proposed to amendment SA 2910 amendment SA 2910 proposed by Mr. SHELBY supra; which was ordered to lie on the table. proposed by Mr. SHELBY to the bill H.R. 5895, to the bill H.R. 5895, supra; which was or- SA 2964. Mr. SANDERS submitted an supra; which was ordered to lie on the table. dered to lie on the table. amendment intended to be proposed to SA 2981. Mr. DURBIN (for Ms. DUCKWORTH) SA 2946. Mrs. ERNST (for herself and Mr. amendment SA 2910 proposed by Mr. SHELBY submitted an amendment intended to be pro- GRASSLEY) submitted an amendment in- to the bill H.R. 5895, supra; which was or- posed to amendment SA 2910 proposed by Mr. tended to be proposed to amendment SA 2910 dered to lie on the table. SHELBY to the bill H.R. 5895, supra; which SA 2965. Mr. SANDERS submitted an proposed by Mr. SHELBY to the bill H.R. 5895, was ordered to lie on the table. amendment intended to be proposed to SA 2982. Mr. DURBIN submitted an amend- supra; which was ordered to lie on the table. SA 2947. Mr. HELLER submitted an amendment SA 2910 proposed by Mr. SHELBY ment intended to be proposed to amendment amendment intended to be proposed by him to the bill H.R. 5895, supra; which was or- SA 2910 proposed by Mr. SHELBY to the bill to the bill H.R. 5895, supra; which was or- dered to lie on the table. H.R. 5895, supra; which was ordered to lie on SA 2966. Mr. SANDERS submitted an dered to lie on the table. the table. amendment intended to be proposed to SA 2983. Mr. BENNET (for himself, Mr. SA 2948. Mr. HELLER submitted an amendment SA 2910 proposed by Mr. SHELBY GARDNER, and Ms. DUCKWORTH) submitted an amendment intended to be proposed to to the bill H.R. 5895, supra; which was or- amendment intended to be proposed to amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table. amendment SA 2910 proposed by Mr. SHELBY to the bill H.R. 5895, supra; which was or- SA 2967. Mr. SANDERS submitted an to the bill H.R. 5895, supra; which was or- dered to lie on the table. amendment intended to be proposed to dered to lie on the table. SA 2949. Mr. HELLER submitted an amendment SA 2910 proposed by Mr. SHELBY SA 2984. Mr. TESTER submitted an amend- amendment intended to be proposed to to the bill H.R. 5895, supra; which was or- ment intended to be proposed to amendment amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill to the bill H.R. 5895, supra; which was or- SA 2968. Mrs. GILLIBRAND submitted an H.R. 5895, supra; which was ordered to lie on dered to lie on the table. amendment intended to be proposed to the table. SA 2950. Mr. HELLER submitted an amendment SA 2910 proposed by Mr. SHELBY SA 2985. Mr. MCCONNELL (for Ms. BALD- amendment intended to be proposed to to the bill H.R. 5895, supra; which was or- WIN (for herself and Mr. PORTMAN)) proposed amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table. an amendment to amendment SA 2910 pro- to the bill H.R. 5895, supra; which was or- SA 2969. Mrs. GILLIBRAND submitted an posed by Mr. SHELBY to the bill H.R. 5895, dered to lie on the table. amendment intended to be proposed to supra. SA 2951. Mr. CASSIDY (for himself and Mr. amendment SA 2910 proposed by Mr. SHELBY SA 2986. Mr. HATCH submitted an amend- MANCHIN) submitted an amendment intended to the bill H.R. 5895, supra; which was or- ment intended to be proposed to amendment to be proposed to amendment SA 2910 pro- dered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill posed by Mr. SHELBY to the bill H.R. 5895, SA 2970. Mrs. FEINSTEIN (for herself and H.R. 5895, supra; which was ordered to lie on supra; which was ordered to lie on the table. Mr. REED) submitted an amendment in- the table. SA 2952. Ms. MURKOWSKI (for herself and tended to be proposed to amendment SA 2910 SA 2987. Mr. PERDUE (for himself and Mr. Mr. SULLIVAN) submitted an amendment in- proposed by Mr. SHELBY to the bill H.R. 5895, ISAKSON) submitted an amendment intended tended to be proposed to amendment SA 2910 supra; which was ordered to lie on the table. to be proposed to amendment SA 2910 pro- proposed by Mr. SHELBY to the bill H.R. 5895, SA 2971. Mr. TESTER (for himself, Ms. posed by Mr. SHELBY to the bill H.R. 5895, supra; which was ordered to lie on the table. BALDWIN, Mrs. MURRAY, Mr. ISAKSON, Ms. supra; which was ordered to lie on the table. SA 2953. Mrs. HYDE-SMITH submitted an DUCKWORTH, Mr. BLUMENTHAL, Ms. HIRONO, SA 2988. Mr. PERDUE (for himself and Mr. amendment intended to be proposed to Mrs. GILLIBRAND, Mr. MANCHIN, and Mr. ISAKSON) submitted an amendment intended amendment SA 2910 proposed by Mr. SHELBY KING) submitted an amendment intended to to be proposed to amendment SA 2910 pro- to the bill H.R. 5895, supra; which was or- be proposed to amendment SA 2910 proposed posed by Mr. SHELBY to the bill H.R. 5895, dered to lie on the table. by Mr. SHELBY to the bill H.R. 5895, supra; supra; which was ordered to lie on the table. SA 2954. Mr. YOUNG submitted an amend- which was ordered to lie on the table. SA 2989. Mr. PERDUE submitted an ment intended to be proposed to amendment SA 2972. Mr. MERKLEY submitted an amendment intended to be proposed by him SA 2910 proposed by Mr. SHELBY to the bill amendment intended to be proposed to to the bill H.R. 5895, supra; which was or- H.R. 5895, supra; which was ordered to lie on amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table. the table. to the bill H.R. 5895, supra; which was or- SA 2990. Mrs. GILLIBRAND (for herself, SA 2955. Ms. HASSAN (for herself and Mrs. dered to lie on the table. Ms. BALDWIN, and Mr. JOHNSON) submitted an SHAHEEN) submitted an amendment intended SA 2973. Mr. PAUL submitted an amend- amendment intended to be proposed to to be proposed by her to the bill H.R. 5895, ment intended to be proposed to amendment amendment SA 2910 proposed by Mr. SHELBY supra; which was ordered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill to the bill H.R. 5895, supra; which was or- SA 2956. Mr. COONS (for himself and Mr. H.R. 5895, supra; which was ordered to lie on dered to lie on the table. CARPER) submitted an amendment intended the table. SA 2991. Ms. STABENOW (for herself, Ms. to be proposed to amendment SA 2910 pro- SA 2974. Mr. PAUL submitted an amend- BALDWIN, and Mr. PETERS) submitted an posed by Mr. SHELBY to the bill H.R. 5895, ment intended to be proposed to amendment amendment intended to be proposed to supra; which was ordered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill amendment SA 2910 proposed by Mr. SHELBY SA 2957. Mr. WHITEHOUSE submitted an H.R. 5895, supra; which was ordered to lie on to the bill H.R. 5895, supra; which was or- amendment intended to be proposed to the table. dered to lie on the table. amendment SA 2910 proposed by Mr. SHELBY SA 2975. Mr. PAUL submitted an amend- SA 2992. Mr. KENNEDY (for himself and to the bill H.R. 5895, supra; which was or- ment intended to be proposed to amendment Mr. JONES) submitted an amendment in- dered to lie on the table. SA 2910 proposed by Mr. SHELBY to the bill tended to be proposed to amendment SA 2910 SA 2958. Mr. WHITEHOUSE submitted an H.R. 5895, supra; which was ordered to lie on proposed by Mr. SHELBY to the bill H.R. 5895, amendment intended to be proposed to the table. supra; which was ordered to lie on the table.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.009 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4039 SA 2993. Mr. LEE submitted an amendment amendment SA 2910 proposed by Mr. (5) Requirement that all electronic health intended to be proposed to amendment SA SHELBY to the bill H.R. 5895, making records transferred from a health care pro- 2910 proposed by Mr. SHELBY to the bill H.R. appropriations for energy and water de- vider over the internet to the physical stor- 5895, supra; which was ordered to lie on the velopment and related agencies for the age device be encrypted. table. (6) Requirement that the portable medical SA 2994. Mr. SANDERS submitted an fiscal year ending September 30, 2019, records system can operate without per- amendment intended to be proposed to and for other purposes; which was or- sistent storage of any electronic health amendment SA 2910 proposed by Mr. SHELBY dered to lie on the table; as follows: records on the internet or within a cloud to the bill H.R. 5895, supra; which was or- At the end of title II of division C, add the computing repository. dered to lie on the table. following: (7) Capability to provide a replacement de- SA 2995. Mr. SANDERS submitted an ll vice containing up-to-date electronic health amendment intended to be proposed to SEC. 2 . PILOT PROGRAM ON SECURE, PA- TIENT-CENTERED, PORTABLE MED- records if the original physical storage de- amendment SA 2910 proposed by Mr. SHELBY ICAL RECORDS STORAGE SYSTEM OF vice has been removed from the owner’s pos- to the bill H.R. 5895, supra; which was or- DEPARTMENT OF VETERANS AF- session or otherwise rendered inoperable. dered to lie on the table. FAIRS. (f) DEFINITIONS.—In this section: SA 2996. Mr. WARNER (for himself and Mr. (a) PILOT PROGRAM.—Not later than 180 (1) DIMENSIONS OF A CREDIT CARD.—The PORTMAN) submitted an amendment intended days after the date of the enactment of this term ‘‘dimensions of a credit card’’ means to be proposed to amendment SA 2910 pro- Act, the Secretary of Veterans Affairs shall three and three-eighths inches in width, two posed by Mr. SHELBY to the bill H.R. 5895, commence a pilot program under which vet- and one-eighth inches in length, and five-one supra; which was ordered to lie on the table. erans who are enrolled in the patient enroll- hundred twenty-eighths of one inch in depth. SA 2997. Mr. BROWN submitted an amend- ment system of the Department of Veterans ment intended to be proposed to amendment (2) ELECTRONIC HEALTH RECORDS.—The term Affairs under section 1705 of title 38, United ‘‘electronic health records’’ means electronic SA 2910 proposed by Mr. SHELBY to the bill States Code, use a portable medical records H.R. 5895, supra; which was ordered to lie on documentation of physicians’ notes, elec- storage system described in subsection (e) to tronic viewing of lab test results, diagnostic the table. store and share with health care providers of SA 2998. Mr. HEINRICH (for himself and images and video, clinical decision support, the Department and community health care Mr. UDALL) submitted an amendment in- and interoperability with other systems. providers records of their individual medical tended to be proposed to amendment SA 2910 (g) PROHIBITION ON NEW APPROPRIATIONS.— history. proposed by Mr. SHELBY to the bill H.R. 5895, No additional funds are authorized to be ap- (b) SELECTION OF LOCATIONS.—The Sec- supra; which was ordered to lie on the table. propriated to carry out the requirements of retary shall select not less than one Vet- SA 2999. Mr. RUBIO submitted an amend- this section. Such requirements shall be car- erans Integrated Services Network of the De- ment intended to be proposed to amendment ried out using amounts otherwise authorized partment in which to carry out the pilot pro- SA 2910 proposed by Mr. SHELBY to the bill to be appropriated for the Department of H.R. 5895, supra; which was ordered to lie on gram under subsection (a). Veterans Affairs. (c) CONTRACTS.— the table. SA 3000. Mr. RUBIO submitted an amend- (1) AUTHORITY.—The Secretary shall seek SA 2918. Mr. BENNET submitted an ment intended to be proposed to amendment to enter into a contract using competitive amendment intended to be proposed to SA 2910 proposed by Mr. SHELBY to the bill procedures with an appropriate entity for amendment SA 2910 proposed by Mr. H.R. 5895, supra; which was ordered to lie on the provision of the medical records storage SHELBY to the bill H.R. 5895, making the table. system described in subsection (e). appropriations for energy and water de- SA 3001. Mr. BENNET submitted an (2) NOTICE OF COMPETITION.—Not later than 60 days after the date of the enactment of velopment and related agencies for the amendment intended to be proposed by him fiscal year ending September 30, 2019, to the bill H.R. 5895, supra; which was or- this Act, the Secretary shall issue a request dered to lie on the table. for proposals for the contract described in and for other purposes; which was or- SA 3002. Mr. BENNET submitted an paragraph (1). Such request shall be full and dered to lie on the table; as follows: amendment intended to be proposed by him open to any contractor that has an existing At the end of title II of division C, add the to the bill H.R. 5895, supra; which was or- commercially available medical records stor- following: dered to lie on the table. age capability described in subsection (e). SEC. 2ll. CARE FOR SPOUSES OF VETERANS AT SA 3003. Ms. MURKOWSKI (for herself and (3) SELECTION.—Not later than 120 days CERTAIN STATE HOMES FOR WHICH Mr. MANCHIN) submitted an amendment in- after the date of the enactment of this Act, PAYMENT IS MADE BY THE SEC- tended to be proposed to amendment SA 2910 the Secretary shall award a contract to an RETARY OF VETERANS AFFAIRS. proposed by Mr. SHELBY to the bill H.R. 5895, offeror pursuant to the request for proposals (a) IN GENERAL.—If a State home for which supra; which was ordered to lie on the table. under paragraph (2) if at least one acceptable payment is made by the Secretary of Vet- SA 3004. Mr. TOOMEY (for himself and Mr. offer is submitted. erans Affairs under subchapter V of chapter YOUNG) submitted an amendment intended (d) DURATION OF PILOT PROGRAM.— 17 of title 38, United States Code, is below 90 to be proposed to amendment SA 2910 pro- (1) IN GENERAL.—The Secretary shall carry percent occupancy, the State home may pro- posed by Mr. SHELBY to the bill H.R. 5895, out the pilot program under this section for vide care to spouses of veterans such that supra; which was ordered to lie on the table. a period of not less than one year. the percentage of individuals receiving care at the State home who are veterans is not f (2) AFTER INITIAL PERIOD.—After carrying out the pilot program for one year, the Sec- less than 60 percent. (b) APPLICATION FOR CONSTRUCTION OR AC- TEXT OF AMENDMENTS retary may terminate the program, continue QUISITION.—Section 8135(a)(4) of title 38, the program, expand the program to include SA 2916. Mr. CASSIDY (for himself United States Code, is amended— additional locations, or implement the use of and Mr. DAINES) submitted an amend- (1) by striking ‘‘Reasonable assurance’’ and portable medical records storage systems on ment intended to be proposed to inserting ‘‘(A) Reasonable assurance’’; a national basis. amendment SA 2910 proposed by Mr. (2) by inserting ‘‘, except as provided in (e) REQUIREMENTS OF PORTABLE MEDICAL HELBY subparagraph (B),’’ after ‘‘and that’’; and S to the bill H.R. 5895, making RECORDS STORAGE SYSTEM.—A medical appropriations for energy and water de- records storage system described in this sub- (3) by adding at the end the following new velopment and related agencies for the section is a physical device that meets the subparagraph: fiscal year ending September 30, 2019, following requirements: ‘‘(B) Reasonable assurance that, for pur- and for other purposes; which was or- (1) Capability to store not less than four poses of providing care to spouses of vet- erans, during a period in which a facility is dered to lie on the table; as follows: gigabytes of electronic health records on a physical device, which is not larger than the operating with a bed occupancy rate of 90 At the end of title II of division C, add the percent or less, not more than 40 percent of following: dimensions of a credit card, issued to each veteran enrolled in the pilot program. the bed occupancy at any one time will con- SEC. 2ll. PUBLICATION OF QUALITY RATING OF (2) Capability to be used by substantially sist of patients who are not receiving such NURSING HOMES OF THE DEPART- level of care as veterans.’’. MENT OF VETERANS AFFAIRS. all electronic health records systems cer- (c) STATE HOME DEFINED.—In this section, tified by the Office of the National Coordi- Not later than 90 days after the date of the the term ‘‘State home’’ has the meaning nator for Health IT on or before January 1, enactment of this Act, and not less fre- given that term in section 101 of title 38, 2017. quently than annually thereafter, the Sec- United States Code. retary of Veterans Affairs shall publish in (3) Capability to limit access to electronic the Federal Register and on a publicly avail- health records stored on each device to the SA 2919. Mr. WHITEHOUSE sub- able Internet website of the Department of patient and health care providers. mitted an amendment intended to be (4) Capability for health care providers to Veterans Affairs the rating with respect to proposed by him to the bill H.R. 5895, quality of care assigned by the Department securely access, annotate, and add electronic to each nursing home of the Department. health records to the physical device, includ- making appropriations for energy and ing in instances in which the health care water development and related agen- SA 2917. Mr. CASSIDY submitted an provider is not in possession of the physical cies for the fiscal year ending Sep- amendment intended to be proposed to storage device. tember 30, 2019, and for other purposes;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.012 S19JNPT1 S4040 CONGRESSIONAL RECORD — SENATE June 19, 2018 which was ordered to lie on the table; (2) The Chairperson of the Nuclear Weap- ‘‘(c) CONSULTATION.—In making a deter- as follows: ons Council established under section 179 of mination under this section, the head of an At the appropriate place in title II, insert title 10, United States Code, certified the let- executive agency shall, as appropriate, con- the following: ter described in paragraph (1) to the congres- sult with the Secretary of Veterans Affairs sional defense committees in a letter dated and the Administrator of the Small Business SEC. lll. EXPANSION OF ELIGIBILITY FOR IN- TERMENT IN NATIONAL CEME- May 4, 2018, pursuant to section 3141 of the Administration. TERIES OF HMONG VETERANS. National Defense Authorization Act for Fis- ‘‘(d) APPLICABILITY.—The debarment of a (a) IN GENERAL.—Section 2402(a)(10) of title cal Year 2018 (Public Law 115–91). business concern under subsection (a) in- 38, United States Code, is amended— (b) Not later than April 1, 2019, and annu- cludes the debarment of all principals in the (1) in subparagraph (A)(ii), by striking the ally thereafter through 2025, the Chairperson business concern for a period of not less than period and inserting ‘‘; or’’; and of the Nuclear Weapons Council shall submit five years. (2) by adding at the end the following new to the Secretary of Defense, the Adminis- ‘‘(e) DEFINITIONS.—In this section: subparagraph: trator for Nuclear Security, and the congres- ‘‘(1) The term ‘small business concern’ has ‘‘(B) who— sional defense committees a written certifi- the meaning given the term in section 3 of ‘‘(i) the Secretary determines served hon- cation that the plutonium pit production the Small Business Act (15 U.S.C. 632). orably with a special guerrilla unit or irreg- strategy described in subsection (a)(1) is on ‘‘(2) The term ‘small business concern ular forces operating from a base in Laos in track to meet— owned and controlled by veterans’ has the support of the Armed Forces of the United (1) the requirement to begin production of meaning given the term in section 8127(l) of States at any time during the period begin- 30 war reserve pits per year at Los Alamos title 38. ning February 28, 1961, and ending May 7, National Laboratory, Los Alamos, New Mex- ‘‘(3) The term ‘small business concern 1975; and ico, by 2026; and owned and controlled by service-disabled ‘‘(ii) at the time of the individual’s death— (2) the timelines for demonstrating a capa- veterans’ has the meaning given the term in ‘‘(I) was a citizen of the United States or bility to produce an additional 50 war reserve section 3(q)(2) of the Small Business Act (15 an alien lawfully admitted for permanent plutonium pits per year, as required by sec- U.S.C. 632(q)(2)).’’. residence in the United States; and tion 4219 of the Atomic Energy Defense Act (2) CLERICAL AMENDMENT.—The table of ‘‘(II) resided in the United States.’’. (50 U.S.C. 2538a). sections at the beginning of such chapter is (b) EFFECTIVE DATE.—The amendment (c) In this section, the term ‘‘congressional amended by inserting after the item relating made by subsection (a) shall apply with re- defense committees’’ has the meaning given to section 4712 the following new item: spect to an individual dying on or after the that term in section 101(a)(16) of title 10, ‘‘4713. Debarment of contractors that fraudu- date of the enactment of this Act. United States Code. lently misrepresent status for purposes of obtaining certain SA 2920. Mr. CARPER (for himself SA 2922. Ms. BALDWIN submitted an set aside contracts.’’. and Mr. ALEXANDER) proposed an amendment intended to be proposed to (c) DEFENSE CONTRACTS.— amendment to amendment SA 2910 pro- amendment SA 2910 proposed by Mr. (1) IN GENERAL.—Chapter 137 of title 10, posed by Mr. SHELBY to the bill H.R. SHELBY to the bill H.R. 5895, making United States Code, as amended by section 5895, making appropriations for energy appropriations for energy and water de- 801, is further amended by inserting after section 2339a the following new section: and water development and related velopment and related agencies for the agencies for the fiscal year ending Sep- fiscal year ending September 30, 2019, ‘‘§ 2339b. Debarment of contractors that and for other purposes; which was or- fraudulently misrepresent status for pur- tember 30, 2019, and for other purposes; poses of obtaining certain set aside con- as follows: dered to lie on the table; as follows: tracts On page 14, between lines 18 and 19, insert At the appropriate place in division C, in- ‘‘(a) IN GENERAL.—Any business concern the following: sert the following: that is determined by the head of an agency SEC. 106. Not later than 120 days after the SEC. ll. DEBARMENT OF CONTRACTORS THAT to have willfully and intentionally misrepre- date of enactment of this Act, the Secretary FRAUDULENTLY MISREPRESENT sented the status of that concern as a small of the Army shall submit to the Committee STATUS FOR PURPOSES OF OBTAIN- business concern owned and controlled by on Environment and Public Works of the ING CERTAIN SET ASIDE CON- TRACTS. service-disabled veterans for the purpose of Senate, the Committee on Appropriations of qualifying for a contract awarded in accord- (a) SHORT TITLE.—This section may be the Senate, the Committee on Transpor- ance with the Government-wide goals for tation and Infrastructure of the House of cited as the ‘‘Stolen Valor in Contracting Act’’. procurement pursuant to section 15(g)(1) of Representatives, and the Committee on Ap- the Small Business Act (15 U.S.C. 644(g)(1) (b) CIVILIAN CONTRACTS.— propriations of the House of Representatives shall be debarred from contracting with the (1) IN GENERAL.—Chapter 47 of title 41, a report that— Federal Government for a period of not less (1) includes a list of all cost-shared Corps United States Code, is amended by adding at the end the following new section: than five years. projects that, as of the date of enactment of ‘‘(b) PROCESS.—In the case of a debarment this Act— ‘‘§ 4713. Debarment of contractors that fraud- under subsection (a), the head of the agency (A) are physically and fiscally complete; ulently misrepresent status for purposes of shall commence debarment action against and obtaining certain set aside contracts the business concern by not later than 30 (B) for which excess non-Federal funds ‘‘(a) IN GENERAL.—Any business concern days after determining that the concern will- have not been returned to the non-Federal that is determined by the head of an execu- fully and intentionally misrepresented the project sponsor; and tive agency to have willfully and inten- status of the concern as described in sub- (2) with respect to each project listed tionally misrepresented the status of that section (a) and shall complete debarment ac- under paragraph (1), describes the status of— concern as a small business concern owned tions against such concern by not later than (A) returning the excess funds to the non- and controlled by veterans or as a small 90 days after such determination. Federal project sponsor; and business concern owned and controlled by ‘‘(c) CONSULTATION.—In making a deter- (B) providing the non-Federal project spon- service-disabled veterans for the purpose of mination under this section, the head of an sor a final accounting of the project. qualifying for a contract awarded in accord- agency shall, as appropriate, consult with ance with section 8127 of title 38 or as a the Secretary of Veterans Affairs and the SA 2921. Mr. HEINRICH (for himself small business concern owned and controlled Administrator of the Small Business Admin- and Mr. UDALL) submitted an amend- by service-disabled veterans for the purpose istration. ment intended to be proposed to of qualifying for a contract awarded in ac- ‘‘(d) APPLICABILITY.—The debarment of a amendment SA 2910 proposed by Mr. cordance with the Government-wide goals business concern under subsection (a) in- SHELBY to the bill H.R. 5895, making for procurement pursuant to section 15(g)(1) cludes the debarment of all principals in the appropriations for energy and water de- of the Small Business Act (15 U.S.C. 644(g)(1) business concern for a period of not less than velopment and related agencies for the shall be debarred from contracting with the five years. Federal Government for a period of not less ‘‘(e) DEFINITIONS.—In this section: fiscal year ending September 30, 2019, than five years. ‘‘(1) The term ‘small business concern’ has and for other purposes; which was or- ‘‘(b) PROCESS.—In the case of a debarment the meaning given the term in section 3 of dered to lie on the table; as follows: under subsection (a), the head of the execu- the Small Business Act (15 U.S.C. 632). At the end of title III of division A, add the tive agency shall commence debarment ac- ‘‘(2) The term ‘small business concern following: tion against the business concern by not owned and controlled by service-disabled SEC. 311. (a) Congress finds the following: later than 30 days after determining that the veterans’ has the meaning given the term in (1) The National Nuclear Security Admin- concern willfully and intentionally misrepre- section 3(q)(2) of the Small Business Act (15 istration recommended a plutonium pit pro- sented the status of the concern as described U.S.C. 632(q)(2)).’’. duction strategy to the congressional de- in subsection (a) and shall complete debar- (2) CLERICAL AMENDMENT.—The table of fense committees in a letter dated May 10, ment actions against such concern by not sections at the beginning of such chapter, as 2018. later than 90 days after such determination. amended by section 801, is further amended

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.025 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4041 by inserting after the item relating to sec- TON, Mr. INHOFE, and Mr. LANKFORD) SA 2926. Mr. YOUNG (for himself and tion 2339a the following new item: submitted an amendment intended to Mr. DONNELLY) submitted an amend- ‘‘2339b. Debarment of contractors that fraud- be proposed to amendment SA 2910 pro- ment intended to be proposed to ulently misrepresent status for posed by Mr. SHELBY to the bill H.R. amendment SA 2910 proposed by Mr. purposes of obtaining certain 5895, making appropriations for energy SHELBY to the bill H.R. 5895, making set aside contracts.’’. and water development and related appropriations for energy and water de- SA 2923. Ms. BALDWIN (for herself agencies for the fiscal year ending Sep- velopment and related agencies for the and Mr. JONES) submitted an amend- tember 30, 2019, and for other purposes; fiscal year ending September 30, 2019, ment intended to be proposed to which was ordered to lie on the table; and for other purposes; which was or- amendment SA 2910 proposed by Mr. as follows: dered to lie on the table; as follows: SHELBY to the bill H.R. 5895, making At the end of title II of division C, add the At the end of section 232 of title II of divi- appropriations for energy and water de- following: sion C, add the following: velopment and related agencies for the SEC. 2ll. PLAN TO AVOID CLINICAL MISTAKES (c)(1) The Secretary of Veterans Affairs BY EMPLOYEES OF THE DEPART- shall conduct a study on the effectiveness of fiscal year ending September 30, 2019, MENT OF VETERANS AFFAIRS THAT and for other purposes; which was or- RESULT IN ADVERSE EVENTS THAT the hotline specified in subsection (a) during dered to lie on the table; as follows: REQUIRE CERTAIN DISCLOSURES. the five-year period beginning on January 1, (a) PLAN REQUIRED.—Not later than 90 days 2016, based on an analysis of national suicide At the appropriate place in division C, add after the date of the enactment of this Act, data and data collected from such hotline. the following: the Secretary of Veterans Affairs shall sub- (2) At a minimum, the study required by SEC. lll. EXEMPTION FROM CALCULATION OF mit to the appropriate committees of Con- paragraph (1) shall— MONTHLY INCOME, FOR PURPOSES OF BANKRUPTCY LAWS, CERTAIN gress a plan to reduce the chances that clin- (A) determine the number of veterans who PAYMENTS FROM DEPARTMENT OF ical mistakes by employees of the Depart- contact the hotline specified in subsection VETERANS AFFAIRS AND DEPART- ment of Veterans Affairs will result in ad- (a) and who receive follow up services from MENT OF DEFENSE. verse events that require institutional or the hotline or mental health services from Section 101(10A) of title 11, United States clinical disclosures and to prevent any un- the Department of Veterans Affairs there- Code, is amended by striking subparagraph necessary hardship for patients and families after; (B) and inserting the following: impacted by such adverse events. (B) determine the number of veterans who ‘‘(B)(i) includes any amount paid by any (b) ELEMENTS.—The plan required by sub- contact the hotline who are not referred to, entity other than the debtor (or in a joint section (a) shall include the following: or do not continue receiving, mental health case the debtor and the debtor’s spouse), on (1) A description of a process for the timely care who commit suicide; and a regular basis for the household expenses of identification of individuals impacted by dis- (C) determine the number of veterans de- the debtor or the debtor’s dependents (and in closures described in subsection (a) and the scribed in subparagraph (A) who commit or a joint case the debtor’s spouse if not other- process for contacting those individuals or attempt suicide. wise a dependent); and their next of kin. ‘‘(ii) excludes— (2) A description of procedures for expe- SA 2927. Mrs. MURRAY submitted an diting any remedial or follow-up care re- ‘‘(I) benefits received under the Social Se- amendment intended to be proposed to curity Act; quired for those individuals. ‘‘(II) payments to victims of war crimes or (3) A detailed outline of proposed changes amendment SA 2910 proposed by Mr. crimes against humanity on account of their to the process of the Department for clinical SHELBY to the bill H.R. 5895, making status as victims of such crimes; quality checks and oversight. appropriations for energy and water de- ‘‘(III) payments to victims of international (4) A communication plan to ensure all fa- velopment and related agencies for the terrorism (as defined in section 2331 of title cilities of the Department are made aware of fiscal year ending September 30, 2019, 18) or domestic terrorism (as defined in sec- any requirements updated pursuant to the and for other purposes; which was or- tion 2331 of title 18) on account of their sta- plan. dered to lie on the table; as follows: tus as victims of such terrorism; (5) A timeline detailing the implementa- ‘‘(IV) compensation under chapter 11 of tion of the plan. At the end of title II of division C, add the title 38; (6) An identification of the senior execu- following: ‘‘(V) compensation under chapter 13 of title tive of the Department responsible for ensur- SEC. 2ll. AUTHORITY FOR SECRETARY OF VET- 38; ing compliance with the plan. ERANS AFFAIRS TO FURNISH MEDI- ‘‘(VI) pension under chapter 15 of title 38; (7) An identification of potential impacts CALLY-NECESSARY TRANSPOR- ‘‘(VII) retired pay payable to members of of the plan on timely diagnoses for patients. TATION FOR NEWBORN CHILDREN the Armed Forces retired under section 1201 (8) An identification of the processes and OF CERTAIN WOMEN VETERANS. or 1204 of title 10; procedures for employees of the Department (a) IN GENERAL.—Section 1786 of title 38, ‘‘(VIII) retired pay payable to members of to make leadership at the facility and the United States Code, is amended— the Armed Forces placed on the temporary Department aware of adverse events that are (1) in subsection (a)— disability retired list under section 1202 or concerning and that result in disclosures and (A) in the matter before paragraph (1)— 1205 of title 10; to ensure that the medical impact on vet- (i) by inserting ‘‘and transportation nec- ‘‘(IX) disability severance pay payable erans of such disclosures is minimized. essary to receive such services’’ after ‘‘de- under section 1212 of title 10 to members sep- (c) APPROPRIATE COMMITTEES OF CONGRESS scribed in subsection (b)’’; and arated from the Armed Forces under section DEFINED.—In this section, the term ‘‘appro- (ii) by inserting ‘‘, except as provided in 1203 or 1206 of that title; priate committees of Congress’’ means— subsection (e),’’ after ‘‘seven days’’; ‘‘(X) retired pay payable in accordance (1) the Committee on Veterans’ Affairs and (B) in paragraph (1), by striking ‘‘or’’; with section 1201 or 1202 of title 10, or dis- the Subcommittee on Military Construction, (C) in paragraph (2), by striking the period ability severance pay payable in accordance Veterans Affairs, and Related Agencies of at the end and inserting ‘‘; or’’; and with section 1203 of that title, to members of the Committee on Appropriations of the Sen- (D) by adding at the end the following new the Armed Forces eligible for such pay by ate; and paragraph: reason of section 1207a of that title; (2) the Committee on Veterans’ Affairs and ‘‘(3) another location, including a health ‘‘(XI) combat-related special compensation the Subcommittee on Military Construction, care facility, if the veteran delivers the child payable under section 1413a of title 10; Veterans Affairs, and Related Agencies of before arriving at a facility described in ‘‘(XII) any monthly annuity payable under the Committee on Appropriations of the paragraph (1) or (2).’’. the Survivor Benefit Plan under subchapter House of Representatives. (2) in subsection (b), by inserting before II of chapter 73 of title 10 if the participant the period at the end the following‘‘, includ- in the Plan with respect to whom the annu- SA 2925. Mr. BOOZMAN (for himself ing necessary health care services provided ity is payable was retired for physical dis- and Mr. SCHATZ) submitted an amend- by a facility other than the facility where ability under chapter 61 of that title; ment intended to be proposed to the newborn child was delivered (including a ‘‘(XIII) the special survivor indemnity al- amendment SA 2910 proposed by Mr. specialty pediatric hospital) that accepts lowance payable under section 1450(m) of SHELBY to the bill H.R. 5895, making transfer of the newborn child and responsi- title 10; and appropriations for energy and water de- bility for treatment of the newborn child’’. ‘‘(XIV) any monthly special compensation (3) by adding at the end the following new payable to members of the uniformed serv- velopment and related agencies for the subsections: fiscal year ending September 30, 2019, ices with catastrophic injuries or illnesses ‘‘(c) TRANSPORTATION.—(1) Transportation under section 439 of title 37.’’. and for other purposes; which was or- furnished under subsection (a) to, from, or dered to lie on the table; as follows: between, care settings to meet the needs of a SA 2924. Mr. BOOZMAN (for himself, On page 168, line 17, strike ‘‘$15,000’’ and in- newborn child includes costs for either or Mr. BLUNT, Mrs. MCCASKILL, Mr. COT- sert ‘‘$42,000’’. both the newborn child and parents.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.025 S19JNPT1 S4042 CONGRESSIONAL RECORD — SENATE June 19, 2018 ‘‘(2) Transportation furnished under sub- At the end of title I of division C, add the or otherwise made available to the Depart- section (a) includes transportation by ambu- following: ment may be used to withhold data regard- lance, including air ambulance, or other ap- SEC. lll. (a) FINDING.—Congress finds ing ratings of nursing homes of the Depart- propriate medically staffed modes of trans- that, given that the Air Force maintains a ment. portation— so-called ‘‘scorecard’’ to determine where to ‘‘(e) APPROPRIATE COMMITTEES OF CON- ‘‘(A) to another health care facility (in- place aircraft and missions, Congress re- GRESS DEFINED.—In this section, the term cluding a specialty pediatric hospital) that quires a report on the criteria and any ana- ‘appropriate committees of Congress’ accepts transfer of the newborn child or oth- lytical models employed in such determina- means— erwise provides post-delivery care services tions in order to ensure that future appro- ‘‘(1) the Committee on Veterans’ Affairs when the treating facility is not capable of priations for military construction in con- and the Committee on Appropriations of the furnishing the care or services required; or nection with such determinations with re- Senate; and ‘‘(B) to a health care facility in a medical spect to KC–46 aircraft are appropriate in ‘‘(2) the Committee on Veterans’ Affairs emergency of such nature that a prudent light of the needs of the Air Force regarding and the Committee on Appropriations of the layperson reasonably expects that delay in such aircraft. House of Representatives.’’. (b) REPORT.— seeking immediate medical attention would (b) CLERICAL AMENDMENT.—The table of be hazardous to life or health. (1) IN GENERAL.—Not later than December sections at the beginning of chapter 73 of ‘‘(3) Amounts paid by the Department for 31, 2019, the Secretary of Air Force shall sub- such title is amended by inserting after the transportation under this section shall be de- mit to the congressional defense committees item relating to section 7330C the following rived from the Medical Services appropria- a report setting forth the results of a review, new item: conducted by the Secretary for purposes of tions account of the Department. ‘‘7330D. Annual report on ratings of nursing the report, of the analytical model used for ‘‘(d) REIMBURSEMENT OR PAYMENT FOR homes of the Department.’’. HEALTH CARE SERVICES OR TRANSPOR- strategic basing of KC–46 aircraft. TATION.—(1) Pursuant to regulations the Sec- (2) PARTICULAR ELEMENT.—The report shall SA 2930. Ms. BALDWIN (for herself retary shall prescribe to establish rates of include such recommendations of the Sec- and Mr. PORTMAN) submitted an reimbursement and any limitations thereto retary for the analytical model as the Sec- under this section, the Secretary shall di- retary considers appropriate in order to en- amendment intended to be proposed to rectly reimburse a covered entity for health sure that the model addresses changes in re- amendment SA 2910 proposed by Mr. care services or transportation services pro- fueling requirements along the Northern SHELBY to the bill H.R. 5895, making vided under this section, unless the cost of Tier of the United States as a result of the appropriations for energy and water de- the services or transportation is covered by 2018 National Defense Strategy and associ- velopment and related agencies for the an established agreement or contract. Where ated mobility capability requirements, in- fiscal year ending September 30, 2019, such an agreement or contract already ex- cluding, in particular, in connection with the and for other purposes; which was or- ists, its negotiated payment terms shall growth of activities in the Northern Polar apply. region by global and regional powers. dered to lie on the table; as follows: ‘‘(2)(A) Reimbursement or payment by the On page 32, line 16, strike the period at the Secretary under this section on behalf of an SA 2929. Mr. JONES (for himself, Mr. end and insert the following: ‘‘: Provided, individual to a covered entity shall, unless TESTER, Mr. NELSON, Mrs. GILLIBRAND, That of the amounts appropriated under this rejected and refunded by the covered entity Mrs. MURRAY, Mr. BROWN, and Mr. heading, $20,000,000 shall be for cooperative within 30 days of receipt, extinguish any li- agreements to accelerate the domestic pro- UDALL) submitted an amendment in- ability on the part of the individual for the duction of Molybdenum–99.’’. health care services or transportation cov- tended to be proposed to amendment ered by such payment. SA 2910 proposed by Mr. SHELBY to the SA 2931. Mr. TESTER submitted an ‘‘(B) Neither the absence of a contract or bill H.R. 5895, making appropriations amendment intended to be proposed to agreement between the Secretary and a cov- for energy and water development and amendment SA 2910 proposed by Mr. ered entity nor any provision of a contract, related agencies for the fiscal year end- agreement, or assignment to the contrary SHELBY to the bill H.R. 5895, making ing September 30, 2019, and for other appropriations for energy and water de- shall operate to modify, limit, or negate the purposes; which was ordered to lie on requirements of subparagraph (A). velopment and related agencies for the ‘‘(3) In this subsection, the term ‘covered the table; as follows: fiscal year ending September 30, 2019, entity’ means any individual, transportation At the end of title II of division C, add the and for other purposes; which was or- carrier, organization, or other entity that following: dered to lie on the table; as follows: furnished or paid for health care services or SEC. 2ll. ANNUAL REPORT ON RATINGS OF transportation under this section. NURSING HOMES OF THE DEPART- At the appropriate place in title V, insert ‘‘(e) EXCEPTION.—Pursuant to such regula- MENT OF VETERANS AFFAIRS. the following: tions as the Secretary shall prescribe to (a) IN GENERAL.—Subchapter II of chapter SEC. lll. INSPECTORS GENERAL. carry out this section, the Secretary may 73 of title 38, United States Code, is amended (a) PROHIBITION ON USE OF FUNDS.—None of furnish more than seven days of health care by adding at the end the following: the funds appropriated by this Act may be services described in subsection (b), and ‘‘§ 7330D. Annual report on ratings of nursing used to deny an Inspector General funded transportation necessary to receive such homes of the Department under this Act timely access to any records, services, to a newborn child based on medical ‘‘(a) IN GENERAL.—Not later than Novem- documents, or other materials available to necessity if the child is in need of additional ber 11 of each year, the Secretary shall sub- the department or agency of the United care, including a case in which the newborn mit to the appropriate committees of Con- States Government over which such Inspec- child has been discharged or released from a gress a report on the ratings of nursing tor General has responsibilities under the In- hospital and requires readmittance to ensure homes of the Department. spector General Act of 1978 (5 U.S.C. App.), or the health and welfare of the newborn ‘‘(b) DATA INCLUDED.—Each report required to prevent or impede the access of such In- child.’’. by subsection (a) shall include data sets for spector General to such records, documents, (b) TREATMENT OF CERTAIN DEBTS ALREADY long-term and short-term care furnished by or other materials, under any provision of INCURRED.—Pursuant to such regulations as nursing homes of the Department, including law, except a provision of law that expressly the Secretary of Veterans Affairs shall pre- with respect to the following: refers to such Inspector General and ex- scribe, the Secretary may waive a debt for or ‘‘(1) Pain. pressly limits the right of access of such In- reimburse a veteran billed for the cost of ‘‘(2) Ulcers. spector General. transportation that was furnished in order ‘‘(3) Use of anti-psychotic medication. (b) TIMELY ACCESS.—A department or agen- for a newborn child to receive health care ‘‘(4) Use of catheters. cy of the United States Government covered services under section 1786 of title 38, United ‘‘(5) Patient wellbeing, such as a fall or by this section shall provide its Inspector States Code, before the date of the enact- major injury. General access to all records, documents, ment of this Act. ‘‘(6) Ability to perform daily activities, and other materials in a timely manner. such as bathing, eating, and using the rest- (c) COMPLIANCE.—Each Inspector General SA 2928. Mrs. GILLIBRAND (for her- room. covered by this section shall ensure compli- self, Ms. BALDWIN, and Mr. JOHNSON) ‘‘(7) Mobility limits of high-risk patients, ance with statutory limitations on disclo- submitted an amendment intended to such as patients with severe ulcers or bed sure relevant to the information provided by be proposed to amendment SA 2910 pro- sores. the department or agency over which that posed by Mr. SHELBY to the bill H.R. ‘‘(8) Physically restrained patients. Inspector General has responsibilities under 5895, making appropriations for energy ‘‘(9) Patients with urinary tract infections. the Inspector General Act of 1978 (5 U.S.C. and water development and related ‘‘(c) PERIOD COVERED BY REPORT.—Each re- App.). (d) REPORT.—Each Inspector General cov- agencies for the fiscal year ending Sep- port submitted under subsection (a) shall in- clude data covering the 5-year period pre- ered by this section shall report to the Com- tember 30, 2019, and for other purposes; ceding the submittal of the report. mittees on Appropriations within 5 calendar which was ordered to lie on the table; ‘‘(d) PROHIBITION ON USE OF AMOUNTS TO days of any failure by any department or as follows: WITHHOLD DATA.—No amounts appropriated agency of the United States Government to

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.027 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4043 provide its Inspector General access to all re- (1) develop a plan to implement this sec- partners to assess the feasibility and advis- quested records, documents, and other mate- tion and submit such plan to the Committee ability of providing intensive community rials. on Veterans’ Affairs of the Senate and the care coordination and supportive services to Committee on Veterans’ Affairs of the House covered families who lack adequate access to SA 2932. Mr. TESTER (for himself, of Representatives; and services furnished by the Department of Vet- Ms. BALDWIN, Mrs. MURRAY, and Mr. (2) issue any requests for proposals the erans Affairs or other entities of Federal, MURPHY) submitted an amendment in- Secretary determines appropriate for such State, and local governments. (b) COMMUNITY CARE COORDINATION AND tended to be proposed to amendment implementation. (e) REPORTS.—During the five-year period SUPPORTIVE SERVICES DESCRIBED.—For pur- SA 2910 proposed by Mr. SHELBY to the beginning on the date of the enactment of poses of the pilot program, intensive commu- bill H.R. 5895, making appropriations this Act, the Secretary shall submit periodi- nity care coordination and supportive serv- for energy and water development and cally, but not less frequently than annually, ices are services provided by a community related agencies for the fiscal year end- to the Committee on Veterans’ Affairs of the partner to improve the well-being and ad- ing September 30, 2019, and for other Senate and the Committee on Veterans’ Af- dress the needs of covered families who live purposes; which was ordered to lie on fairs of the House of Representatives reports in rural or underserved areas or who other- on the implementation of this section. wise lack access to adequate services fur- the table; as follows: nished by the Department of Veterans Af- (f) COVERED VETERAN DEFINED.—In this At the appropriate place in title II of divi- section, the term ‘‘covered veteran’’ means a fairs, the Federal Government, or State and sion C, insert the following: veteran who is enrolled in the patient enroll- local governments. Intensive community care coordination and supportive services SEC. lll. REQUIREMENTS RELATING TO PRESI- ment system of the Department of Veterans DENT’S ANNUAL BUDGET REQUEST may include the following: Affairs under section 1705 of title 38, United FOR THE DEPARTMENT OF VET- (1) Care coordination and case manage- States Code. ERANS AFFAIRS. ment services. Whenever the President submits a budget SA 2934. Mr. TESTER (for himself (2) Outreach services. pursuant to section 1105(a) of title 31, United (3) Assistance in obtaining any benefits States Code, the President shall ensure that and Mr. BROWN) submitted an amend- from the Department which the veteran (or such budget includes specific amounts to be ment intended to be proposed to member of a reserve component of the appropriated for programs of the Department amendment SA 2910 proposed by Mr. Armed Forces) may be eligible to receive, in- of Veterans Affairs relating to the following: SHELBY to the bill H.R. 5895, making cluding the following: (1) Homeless veterans. appropriations for energy and water de- (A) Vocational and rehabilitation coun- (2) Women veterans. velopment and related agencies for the seling. (3) Prosthetics. fiscal year ending September 30, 2019, (B) Employment and training services. (4) Health care for veterans in rural areas. and for other purposes; which was or- (C) Educational assistance. (D) Health care services. SA 2933. Mr. TESTER submitted an dered to lie on the table; as follows: (4) Assistance in obtaining and coordi- amendment intended to be proposed to At the appropriate place in title II, insert nating the provision of other public benefits amendment SA 2910 proposed by Mr. the following: or available services provided by the Federal SHELBY to the bill H.R. 5895, making SEC. lll. TRACKING AND MONITORING INFOR- Government, State or local governments, or MATION ABOUT DEBTS TO UNITED other community partners, including the fol- appropriations for energy and water de- STATES INCURRED FROM OVERPAY- velopment and related agencies for the lowing: MENT BY DEPARTMENT OF VET- (A) Marriage counseling. fiscal year ending September 30, 2019, ERANS AFFAIRS OR FOR OTHER REASONS. (B) Services for children. and for other purposes; which was or- (C) Suicide prevention. dered to lie on the table; as follows: (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, (D) Substance abuse awareness and treat- At the end of title II of division C, add the the Secretary of Veterans Affairs shall de- ment. following: velop a means to track and monitor informa- (E) Mental health awareness and treat- SEC. 2ll. CONDUCT OF RESEARCH INTO EF- tion on— ment. FECTS OF CANNABIS ON HEALTH (1) the age and amount of debts of persons (F) Financial counseling. OUTCOMES OF CERTAIN VETERANS. to the United States by virtue of the persons’ (G) Employment assistance. (a) RESEARCH REQUIRED.—In carrying out participation in a benefits program adminis- (H) Transportation services. the responsibilities of the Secretary of Vet- tered by the Secretary of Veterans Affairs; (I) Child care. erans Affairs under section 7303 of title 38, (2) whether such debts may be the result of (J) Housing counseling. United States Code, the Secretary may con- delays in Department of Veterans Affairs (K) Preparing and updating family care duct and support research relating to the ef- processing of changes to beneficiary status plans. ficacy and safety of forms of cannabis and or other actions of the Department; and (L) Development of strategies for living methods of cannabis delivery described in (3) whether such debts are disputed by such with a veteran with post traumatic stress subsection (c) on the health outcomes of cov- persons. disorder or traumatic brain injury. ered veterans diagnosed with chronic pain, (b) REPORT.—The Department should also (M) Accessing emergency financial assist- post-traumatic stress disorder, and other be required to submit a report to congress no ance through philanthropic efforts. conditions the Secretary determines appro- later than 90 days after development of the (N) Such other services as may be appro- priate. tracking means (so, 270 days after enact- priate to improve the well-being and address (b) DATA PRESERVATION.—Research con- ment). the unique needs of veterans families who ducted pursuant to subsection (a) shall in- live in rural or underserved areas or other- clude a mechanism to ensure the preserva- SA 2935. Mr. TESTER submitted an wise lack access to adequate services fur- tion of all data, including all data sets, col- amendment intended to be proposed to nished by the Department of Veterans Af- lected or used for purposes of the research amendment SA 2910 proposed by Mr. fairs, the Federal Government, or State and required by subsection (a) in a manner that local governments. will facilitate further research. SHELBY to the bill H.R. 5895, making (5) Providing direct services, described in (c) FORMS OF CANNABIS AND METHODS OF appropriations for energy and water de- paragraph (4), that are necessary to address DELIVERY TO BE RESEARCHED.—The forms of velopment and related agencies for the the needs of the covered families but are oth- cannabis and methods of cannabis delivery fiscal year ending September 30, 2019, erwise unavailable through existing public described in this subsection are— and for other purposes; which was or- or private programs. (1) varying forms of cannabis, including— dered to lie on the table; as follows: (c) AGREEMENTS AND GRANTS.— (A) full plants and extracts; (1) AGREEMENTS.—The Secretary of Vet- At the appropriate place in title II, insert (B) at least three different strains of can- erans Affairs shall carry out the pilot pro- the following: nabis with significant variants in phenotypic gram by entering into partnership agree- traits and various ratios of SEC. lll. PILOT PROGRAM ON COMMUNITY ments with community partners to provide tetrahydrocannabinol and cannabidiol in CARE COORDINATION AND SUP- intensive community care coordination and PORTIVE SERVICES FOR FAMILIES chemical composition; and OF VETERANS AND MEMBERS OF RE- supportive services. (C) other chemical analogs of SERVE COMPONENTS OF THE (2) GRANTS.— tetrahydrocannabinol; and ARMED FORCES WHO LACK ADE- (A) IN GENERAL.—The Secretary shall, (2) varying methods of cannabis delivery, QUATE ACCESS TO SERVICES. using a competitive and merit-based process, including topical application, combustible (a) PILOT PROGRAM REQUIRED.—Com- award grants to community partners with and non-combustible inhalation, and inges- mencing not later than one year after the whom the Secretary has entered into agree- tion. date of the enactment of this Act, the Sec- ments under paragraph (1). (d) IMPLEMENTATION.—Not later than 180 retary of Veterans Affairs shall, after con- (B) USE OF FUNDS.—The amounts of grants days after the date of the enactment of this sultation with the Secretary of Defense, awarded under subparagraph (A) shall be Act, the Secretary shall— carry out a pilot program with community used to provide intensive community care

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.029 S19JNPT1 S4044 CONGRESSIONAL RECORD — SENATE June 19, 2018 coordination and supportive services under SEC. 1ll. REQUIREMENT FOR PHYSICAL EXAMI- (4) provides an explanation for the discrep- the pilot program and to assess service deliv- NATIONS OF MEMBERS OF THE SE- ancy in funding between coastal projects and ery efficiencies. LECTED RESERVE OF THE READY inland projects under that business line; and RESERVE OF THE RESERVE COMPO- (C) LOCATIONS.—The Secretary may award (5) includes recommendations on ways to NENTS OF THE ARMED FORCES WHO grants under subparagraph (A) on an indi- ARE SEPARATING FROM THE SE- correct the discrepancy described in para- vidual location basis and may award grants LECTED RESERVE. graph (4). for the provision of certain services at loca- Section 1145(d) of title 10, United States tions that also provide other services. Code, is amended— SA 2940. Mr. WHITEHOUSE sub- (d) AUTHORIZATION OF APPROPRIATIONS.— (1) in paragraph (1)— mitted an amendment intended to be There is authorized to be appropriated to the (A) in the matter preceding subparagraph proposed by him to the bill H.R. 5895, Department of Veterans Affairs to carry out (A), by striking ‘‘pursuant to’’ and inserting making appropriations for energy and the pilot program $5,000,000 for each of fiscal ‘‘described in’’; and water development and related agen- years 2019, 2020, and 2021. (B) in subparagraph (A)— cies for the fiscal year ending Sep- (i) by striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’; (e) REPORT.— tember 30, 2019, and for other purposes; (ii) by striking the semicolon at the end (1) IN GENERAL.—Not later than 340 days and inserting ‘‘; or’’; and which was ordered to lie on the table; before the completion of the pilot program, (iii) by adding at the end the following new as follows: the Secretary shall submit to the Committee clause: At the appropriate place, insert the fol- on Veterans’ Affairs of the Senate and the ‘‘(ii) is a member of the Selected Reserve lowing: Committee on Veterans’ Affairs of the House of the Ready Reserve of a reserve component SEC. lll. UPDATED MANUALS AND GUIDES. of Representatives a report on the results of who is scheduled to separate from the Se- (a) ENGINEERING MANUALS.—Not later than the pilot program. lected Reserve within 90 days;’’; and 1 year after the date of enactment of this (2) CONTENTS.—The report required by (2) in paragraph (2)(A)— Act, the Secretary of the Army shall prepare paragraph (1) shall include the following: (A) by striking ‘‘examination under para- and submit to Congress a report making rec- (A) The number of covered families served graph (1) to a’’ and inserting ‘‘examination— ommendations for a regular schedule for the under the pilot program. ‘‘(i) under paragraph (1)(A)(i) to a’’; review and revision of relevant manuals de- (B) The number of covered families who re- (B) in clause (i), as designated by subpara- veloped and used by the Corps of Engineers ceived service linkages or referrals under the graph (A), by striking ‘‘; and’’ and inserting in the design and construction of projects in pilot program. ‘‘; or’’; and the coastal region. (C) A description and assessment of the ef- (C) by adding at the end the following new (b) UNIFIED FACILITIES GUIDE SPECIFICA- fectiveness and achievements of the pilot clause: TIONS.—Not later than 1 year after the date program with respect to services and treat- ‘‘(ii) under paragraph (1)(A)(ii) to a mem- of enactment of this Act, the Secretary of ments and mitigation of risks, including ber of the Selected Reserve of the Ready Re- the Army shall develop guidelines and rec- risks relating to homelessness, unemploy- serve of a reserve component during the 90- ommendations for the incorporation of inno- ment, and suicide. day period before the date on which the vative materials and associated techniques (f) DEFINITIONS.—In this section: member is scheduled to be separated from into the Unified Facilities Guide Specifica- (1) COMMUNITY PARTNER.—The term ‘‘com- the Selected Reserve; and’’. tions. munity partner’’ means a private nonprofit organization. SA 2938. Mrs. ERNST (for herself and SA 2941. Mr. WHITEHOUSE sub- (2) COVERED FAMILY.—The term ‘‘covered Mr. LANKFORD) submitted an amend- mitted an amendment intended to be family’’ means a family with respect to ment intended to be proposed to proposed to amendment SA 2910 pro- which the head of the household or the amendment SA 2910 proposed by Mr. posed by Mr. SHELBY to the bill H.R. spouse of the head of the household is a vet- SHELBY to the bill H.R. 5895, making 5895, making appropriations for energy eran or a member of a reserve component of the Armed Forces. A family that consists of appropriations for energy and water de- and water development and related a single individual who is a veteran or a velopment and related agencies for the agencies for the fiscal year ending Sep- member of a reserve component of the fiscal year ending September 30, 2019, tember 30, 2019, and for other purposes; Armed Forces shall be considered a covered and for other purposes; which was or- which was ordered to lie on the table; family. dered to lie on the table; as follows: as follows: Beginning on page 50, strike line 20 and all At the end of title I of division A, add the SA 2936. Mr. HOEVEN (for himself that follows through page 51, line 4. following: Beginning on page 51, strike line 12 and all SEC. 1ll. The Secretary of the Army may and Ms. HEITKAMP) submitted an that follows through page 53, line 2. enter into financial assistance agreements amendment intended to be proposed to with congressionally chartered entities for amendment SA 2910 proposed by Mr. SA 2939. Mr. WHITEHOUSE sub- the purposes of furthering the conservation SHELBY to the bill H.R. 5895, making mitted an amendment intended to be of natural resources, water resources, and appropriations for energy and water de- proposed to amendment SA 2910 pro- coastal habitats. velopment and related agencies for the posed by Mr. SHELBY to the bill H.R. Ms. CORTEZ MASTO sub- fiscal year ending September 30, 2019, 5895, making appropriations for energy SA 2942. mitted an amendment intended to be and for other purposes; which was or- and water development and related proposed by her to the bill H.R. 5895, dered to lie on the table; as follows: agencies for the fiscal year ending Sep- making appropriations for energy and tember 30, 2019, and for other purposes; At the appropriate place in title II of divi- water development and related agen- which was ordered to lie on the table; sion C, insert the following: cies for the fiscal year ending Sep- as follows: lll tember 30, 2019, and for other purposes; SEC. . INCLUSION OF CERTAIN NAMES ON At the end of title I of division A, add the THE VIETNAM VETERANS MEMO- which was ordered to lie on the table; RIAL. following: SEC. 1ll. Not later than 180 days after the as follows: The Secretary of Defense shall provide for date of enactment of this Act, the Secretary At end of title II of division A, add the fol- the inclusion on the Vietnam Veterans Me- of the Army shall submit to Congress a re- lowing: morial in the District of Columbia the names port that— SEC. 203. COLORADO RIVER SYSTEM WATER of the seventy-four crew members of the USS (1) describes the history of Corps of Engi- PILOT PROJECTS. Frank E. Evans killed on June 3, 1969. neers funding requests and actual appropria- Section 206(c)(2) of the Energy and Water tions for the last 10 fiscal years preceding Development and Related Agencies Appro- priations Act, 2015 (43 U.S.C. 620 note; Public SA 2937. Mr. HOEVEN submitted an the date of enactment of this Act for the flood and coastal storm damage reduction Law 113–235) is amended by striking ‘‘2018’’ amendment intended to be proposed to business line, including a list of all requests and inserting ‘‘2022; Provided, The Secretary amendment SA 2910 proposed by Mr. for coastal and inland investigations, con- shall not fund pilot projects in the Upper SHELBY to the bill H.R. 5895, making struction, and operation and maintenance; Colorado River Basin without the participa- appropriations for energy and water de- (2) provides a definition for the terms tion of the Upper Colorado River Division velopment and related agencies for the ‘‘coastal project’’ and ‘‘inland project’’ that States, acting through the Upper Colorado fiscal year ending September 30, 2019, the Corps of Engineers uses with respect to River Commission’’. and for other purposes; which was or- those projects under the flood and coastal SEC. 204. WATER MANAGEMENT IMPROVEMENT. dered to lie on the table; as follows: storm damage reduction business line; Section 9504(e) of the Secure Water Act of (3) provides an analysis of the changes in 2009 (42 U.S.C. 10364(e)) is amended by strik- At the end of title II of division C, add the the comparative funding for coastal projects ing ‘‘$450,000,000’’ and inserting following: and inland projects under that business line; ‘‘$500,000,000’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.029 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4045 SA 2943. Mr. MCCONNELL (for Mr. tract or other agreement with an organiza- (b) NO RETROACTIVE PAY.—A Member of CRAPO (for himself, Mr. WHITEHOUSE, tion that is not part of the Federal Govern- Congress may not receive pay for any period and Mr. RISCH)) proposed an amend- ment to conduct a clinical review of the hos- determined by the Chairpersons of the Com- ment to amendment SA 2910 proposed pital care and medical services furnished by mittee on the Budget and the Committee on covered individuals. Appropriations of the Senate or the Chair- by Mr. SHELBY to the bill H.R. 5895, (b) NOTICE TO PATIENTS TREATED BY COV- persons of the Committee on the Budget and making appropriations for energy and ERED INDIVIDUALS.—With respect to hospital the Committee on Appropriations of the water development and related agen- care or medical services furnished by a cov- House of Representatives under section cies for the fiscal year ending Sep- ered individual under the laws administered lll05, at any time after the end of that pe- tember 30, 2019, and for other purposes; by the Secretary of Veterans Affairs, if a riod. as follows: clinical review determines that an experi- SEC. lll05. DETERMINATIONS. On page 24, line 2, strike the period at the enced, competent practitioner would have (a) SENATE.— end and insert the following: ‘‘: Provided fur- managed the care or services differently, the (1) REQUEST FOR CERTIFICATIONS.—On Octo- ther, That of the funds made available under Secretary shall notify any individual who re- ber 1 of each year, the Secretary of the Sen- this heading, $15,000,000 shall be for a mate- ceived such care or services from the covered ate shall submit a request to the Chair- rial recovery demonstration project to pro- individual. persons of the Committee on the Budget and vide high assay low enriched low uranium to (c) COVERED INDIVIDUAL.—For purposes of the Committee on Appropriations of the Sen- support advanced reactors.’’. this section, a covered individual is an indi- ate for certification of determinations made vidual who was appointed to a position in under subparagraphs (A) and (B) of para- SA 2944. Mr. CRUZ submitted an the Veterans Health Administration covered graph (2). amendment intended to be proposed to by subsection (b) of section 7402 of title 38, (2) DETERMINATIONS.—The Chairpersons of amendment SA 2910 proposed by Mr. United States Code, in violation of sub- the Committee on the Budget and the Com- mittee on Appropriations of the Senate SHELBY to the bill H.R. 5895, making section (f) of such section because the indi- vidual had a license, registration, or certifi- shall— appropriations for energy and water de- (A) on October 1 of each year, make a de- velopment and related agencies for the cation applicable to the provision of hospital care or medical services terminated for termination of whether Congress is in com- fiscal year ending September 30, 2019, cause. pliance with section lll03 and whether and for other purposes; which was or- (d) HOSPITAL CARE AND MEDICAL SERVICES Senators may not be paid under that section; dered to lie on the table; as follows: DEFINED.—In this section, the terms ‘‘hos- (B) determine the period of days following At the appropriate place, insert the fol- pital care’’ and ‘‘medical services’’ have the each October 1 that Senators may not be lowing: meanings given those terms in section 1701 of paid under section lll03; and SEC. ll. Of the amount appropriated or title 38, United States Code. (C) provide timely certification of the de- otherwise made available under this title for terminations under subparagraphs (A) and ‘‘MILITARY CONSTRUCTION, ARMY’’, SA 2947. Mr. HELLER submitted an (B) upon the request of the Secretary of the $120,000,000 shall be made available for Tac- amendment intended to be proposed by Senate. tical Equipment Facilities construction. him to the bill H.R. 5895, making ap- (b) HOUSE OF REPRESENTATIVES.— propriations for energy and water de- (1) REQUEST FOR CERTIFICATIONS.—On Octo- SA 2945. Mr. HELLER submitted an ber 1 of each year, the Chief Administrative amendment intended to be proposed to velopment and related agencies for the Officer of the House of Representatives shall amendment SA 2910 proposed by Mr. fiscal year ending September 30, 2019, submit a request to the Chairpersons of the SHELBY to the bill H.R. 5895, making and for other purposes; which was or- Committee on the Budget and the Com- appropriations for energy and water de- dered to lie on the table; as follows: mittee on Appropriations of the House of velopment and related agencies for the At the appropriate place, insert the fol- Representatives for certification of deter- lowing: minations made under subparagraphs (A) and fiscal year ending September 30, 2019, (B) of paragraph (2). TITLE ll—NO BUDGET, NO PAY and for other purposes; which was or- (2) DETERMINATIONS.—The Chairpersons of dered to lie on the table; as follows: SEC. lll01. SHORT TITLE. the Committee on the Budget and the Com- At the end of title II of division A, add the This title may be cited as the ‘‘No Budget, mittee on Appropriations of the House of following: No Pay Act’’. Representatives shall— SEC. 2ll. (a) Section 206(c)(2) of the En- SEC. lll02. DEFINITION. (A) on October 1 of each year, make a de- ergy and Water Development and Related In this title, the term ‘‘Member of Con- termination of whether Congress is in com- Agencies Appropriations Act, 2015 (43 U.S.C. gress’’— pliance with section lll03 and whether 620 note; Public Law 113–235) is amended by (1) has the meaning given the term under Members of the House of Representatives striking ‘‘2018.’’ and inserting the following: section 2106 of title 5, United States Code; may not be paid under that section; ‘‘2022: Provided, That the Secretary shall not and (B) determine the period of days following fund pilot projects in the Upper Colorado (2) does not include the Vice President. each October 1 that Members of the House of River Basin without the participation of the SEC. lll03. TIMELY APPROVAL OF CONCUR- Representatives may not be paid under sec- Upper Colorado River Division States, acting RENT RESOLUTION ON THE BUDGET tion lll03; and through the Upper Colorado River Commis- AND THE APPROPRIATIONS BILLS. (C) provide timely certification of the de- sion.’’. If both Houses of Congress have not ap- terminations under subparagraphs (A) and (b) Section 9504(e) of the Omnibus Public proved a concurrent resolution on the budget (B) upon the request of the Chief Administra- Land Management Act of 2009 (42 U.S.C. as described under section 301 of the Congres- tive Officer of the House of Representatives. 10364(e)) is amended by striking sional Budget and Impoundment Control Act SEC. lll06. EFFECTIVE DATE. ‘‘$450,000,000’’ and inserting ‘‘$480,000,000’’. of 1974 (2 U.S.C. 632) for a fiscal year before This title shall take effect on February 1, October 1 of that fiscal year and have not 2019. SA 2946. Mrs. ERNST (for herself and passed all the regular appropriations bills for Mr. GRASSLEY) submitted an amend- the next fiscal year before October 1 of that SA 2948. Mr. HELLER submitted an ment intended to be proposed to fiscal year, the pay of each Member of Con- amendment intended to be proposed to amendment SA 2910 proposed by Mr. gress may not be paid for each day following amendment SA 2910 proposed by Mr. that October 1 until the date on which both SHELBY to the bill H.R. 5895, making SHELBY to the bill H.R. 5895, making appropriations for energy and water de- Houses of Congress approve a concurrent res- olution on the budget for that fiscal year and appropriations for energy and water de- velopment and related agencies for the velopment and related agencies for the fiscal year ending September 30, 2019, all the regular appropriations bills. SEC. lll04. NO PAY WITHOUT CONCURRENT fiscal year ending September 30, 2019, and for other purposes; which was or- RESOLUTION ON THE BUDGET AND and for other purposes; which was or- dered to lie on the table; as follows: THE APPROPRIATIONS BILLS. dered to lie on the table; as follows: At the end of title II of division C, add the (a) IN GENERAL.—Notwithstanding any At the appropriate place in title II of divi- following: other provision of law, no funds may be ap- sion C, insert the following: SEC. 2ll. THIRD PARTY REVIEW OF AP- propriated or otherwise made available from SEC. ll. None of the funds made available POINTEES IN VETERANS HEALTH the United States Treasury for the pay of by this Act may be used by the Secretary of ADMINISTRATION WHO HAD A LI- any Member of Congress during any period Veterans Affairs to transfer funds made CENSE, REGISTRATION, OR CERTIFI- determined by the Chairpersons of the Com- available for the following programs: CATION FOR THE PROVISION OF mittee on the Budget and the Committee on (1) The Homeless Providers Grant and Per HOSPITAL CARE OR MEDICAL SERV- ICES REVOKED AND NOTICE TO IN- Appropriations of the Senate or the Chair- Diem program. DIVIDUALS TREATED BY THOSE AP- persons of the Committee on the Budget and (2) The Domiciliary Care for Homeless Vet- POINTEES. the Committee on Appropriations of the erans program. (a) THIRD PARTY REVIEW.—The Secretary House of Representatives under section (3) The Supportive Services for Veteran of Veterans Affairs shall enter into a con- lll05. Families program.

VerDate Sep 11 2014 07:25 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.028 S19JNPT1 S4046 CONGRESSIONAL RECORD — SENATE June 19, 2018

(4) The Department of Housing and Urban ‘‘(2) SMALL-SCALE NATURAL GAS EXPORTS.— ‘‘(3) An identification of the division or Development Department of Veterans Af- For purposes of subsection (a), any applica- business unit of the Department responsible fairs Supported Housing (HUD–VASH) pro- tion for the exportation of natural gas in a for conducting the assessment under sub- grams. volume that is equal to or less than section (a) and determining rankings of nurs- 51,100,000,000 cubic feet per year of natural ing homes. SA 2949. Mr. HELLER submitted an gas shall be— ‘‘(4) An explanation of the methods used by amendment intended to be proposed to ‘‘(A) deemed to be consistent with the pub- such division or business unit in conducting amendment SA 2910 proposed by Mr. lic interest; and the assessment and determining the SHELBY to the bill H.R. 5895, making ‘‘(B) granted without modification or rankings. appropriations for energy and water de- delay. ‘‘(5) A comparison of the current rankings velopment and related agencies for the ‘‘(3) EXCLUSIONS.—Paragraphs (1) and (2) of nursing homes of the Department with all shall not apply to any nation subject to previous rankings of the Department for fiscal year ending September 30, 2019, sanctions imposed by the United States.’’. such nursing homes. and for other purposes; which was or- ‘‘(6) An identification of a high-risk list dered to lie on the table; as follows: SA 2952. Ms. MURKOWSKI (for her- consisting of the lowest-ranked nursing At the end of title II of division C, add the self and Mr. SULLIVAN) submitted an homes of the Department. following: amendment intended to be proposed to ‘‘(7) An analysis of how the ratings of nurs- SEC. 2ll. REPORT ON CAREGIVER SUPPORT amendment SA 2910 proposed by Mr. ing homes of the Department compare to pri- PROGRAM. SHELBY to the bill H.R. 5895, making vate sector nursing homes rated by the Cen- Not later than 90 days after the date of the appropriations for energy and water de- ters for Medicare & Medicaid Services. ‘‘(c) PUBLICATION.—Not less frequently enactment of this Act, the Secretary of Vet- velopment and related agencies for the erans Affairs shall submit to the Committee than annually, the Secretary shall publish on Appropriations and the Committee on fiscal year ending September 30, 2019, the ratings and rankings prepared under sub- Veterans’ Affairs of the Senate and the Com- and for other purposes; which was or- section (a), including the information re- mittee on Appropriations and the Committee dered to lie on the table; as follows: quired by subsection (b), on a publicly avail- on Veterans’ Affairs of the House of Rep- At the end of title I of division A, add the able Internet website of the Department. resentatives a report that contains— following: ‘‘(d) REPORT.—Not less frequently than an- (1) the number of coordinators of caregiver SEC. 1ll. Section 2008(c) of the Water Re- nually, upon the publication of the annual support services under the program of sup- sources Development Act of 2007 (33 U.S.C. ratings and rankings under subsection (c), port services for caregivers of veterans under 2340(c)) is amended by striking ‘‘before, on, the Secretary shall submit to the Committee section 1720G(b) of title 38, United States or after’’ and inserting ‘‘on or after’’. on Veterans’ Affairs of the Senate and the Code, at each medical center of the Depart- Committee on Veterans’ Affairs of the House ment of Veterans Affairs; SA 2953. Mrs. HYDE-SMITH sub- of Representatives a report that includes the (2) the number of staff assigned to appeals mitted an amendment intended to be following: for such program at each such medical cen- proposed to amendment SA 2910 pro- ‘‘(1) An action plan for improving the qual- ter; and posed by Mr. SHELBY to the bill H.R. ity of care and ranking of the nursing homes (3) a determination by the Secretary of the 5895, making appropriations for energy of the Department identified on the high- risk list under subsection (b)(6). appropriate staff-to-participant ratio for and water development and related such program. ‘‘(2) An identification of the resources nec- agencies for the fiscal year ending Sep- essary to implement corrective actions, in- SA 2950. Mr. HELLER submitted an tember 30, 2019, and for other purposes; cluding funding, stakeholder support, and amendment intended to be proposed to which was ordered to lie on the table; technology, and an identification of the sen- amendment SA 2910 proposed by Mr. as follows: ior officials of the Department responsible for implementing those corrective actions SHELBY to the bill H.R. 5895, making On page 85, line 18, insert ‘‘: Provided fur- ther, That of the total amount appropriated, and supporting results. appropriations for energy and water de- ‘‘(3) An identification of metrics that can velopment and related agencies for the $250,000 shall remain available until ex- pended for the Surplus Books Program to be used to assess progress in improving nurs- fiscal year ending September 30, 2019, promote the program and facilitate a greater ing homes of the Department and assign re- and for other purposes; which was or- number of donations to eligible entities sponsibility for tracking such progress, in- dered to lie on the table; as follows: across the United States’’ before the period. cluding the mechanism to be used to keep At the end of title II of division C, add the senior leadership of the Department in- following: SA 2954. Mr. YOUNG submitted an formed about progress made or challenges SEC. 2ll. Of the amounts made available amendment intended to be proposed to encountered. in this title for fiscal year 2019 for the Vet- amendment SA 2910 proposed by Mr. ‘‘(4) A list of key outcomes and goals that demonstrate progress in addressing the con- erans Health Administration for medical SHELBY to the bill H.R. 5895, making services, not less than $1,000,000 shall be cerns with nursing homes of the Department appropriations for energy and water de- identified on the high-risk list under sub- made available to the Secretary of Veterans velopment and related agencies for the Affairs for the Office of Rural Health of the section (b)(6). Department of Veterans Affairs to expand fiscal year ending September 30, 2019, ‘‘(5) An identification of timeframes for the number of Rural Health Resource Cen- and for other purposes; which was or- the improvement of nursing homes of the De- ters. dered to lie on the table; as follows: partment, with overall and interim mile- At the end of title II of division C, add the stones.’’. SA 2951. Mr. CASSIDY (for himself following: (b) CLERICAL AMENDMENT.—The table of and Mr. MANCHIN) submitted an amend- SEC. 2ll. ANNUAL ASSESSMENT AND RATING OF sections at the beginning of chapter 73 of ment intended to be proposed to NURSING HOMES OF DEPARTMENT such title is amended by inserting after the item relating to section 7330C the following amendment SA 2910 proposed by Mr. OF VETERANS AFFAIRS. (a) IN GENERAL.—Subchapter II of chapter new item: SHELBY to the bill H.R. 5895, making 73 of title 38, United States Code, is amended ‘‘7330D. Annual assessment and rating of appropriations for energy and water de- by adding at the end the following: nursing homes.’’. velopment and related agencies for the ‘‘§ 7330D. Annual assessment and rating of fiscal year ending September 30, 2019, nursing homes SA 2955. Ms. HASSAN (for herself and and for other purposes; which was or- ‘‘(a) IN GENERAL.—The Secretary shall con- Mrs. SHAHEEN) submitted an amend- dered to lie on the table; as follows: duct an annual assessment of all nursing ment intended to be proposed by her to At the appropriate place in title III of divi- homes operated by the Department and pre- the bill H.R. 5895, making appropria- sion A (relating to the Department of En- pare ratings and rankings of all such nursing tions for energy and water develop- ergy), under the heading ‘‘GENERAL PROVI- homes. ment and related agencies for the fiscal ‘‘(b) ELEMENTS OF RATINGS AND SIONS—DEPARTMENT OF ENERGY’’, insert the year ending September 30, 2019, and for following: RANKINGS.—The nursing home ratings and SEC. 3ll. Section 3(c) of the Natural Gas rankings prepared by the Secretary under other purposes; which was ordered to Act (15 U.S.C. 717b(c)) is amended— subsection (a) shall, at a minimum, include lie on the table; as follows: (1) by striking ‘‘(c) For purposes of’’ and the following information: At the end of title II of division C, add the inserting the following: ‘‘(1) The metrics and criteria for deter- following: ‘‘(c) EXPEDITED APPLICATION AND APPROVAL mining the ranking of a nursing home of the SEC. 2ll. None of the funds made avail- PROCESS.— Department. able by this Act may be used by the Depart- ‘‘(1) FREE TRADE AGREEMENTS IN EFFECT.— ‘‘(2) An identification and review of any ment of Veterans Affairs for the moderniza- For purposes of’’; and categories comprising the overall ranking of tion or realignment of facilities of the Vet- (2) by adding at the end the following: a nursing home of the Department. erans Health Administration in States in

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.037 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4047 which the Department does not operate a (b) Not later than 18 months after the date (4)(A) In carrying out the pilot program, full-service medical facility pursuant to rec- of enactment of this Act, the Secretary shall the Secretary shall collect data, including ommendations by the Asset and Infrastruc- submit to Congress a report on the results of data on, with respect to the regions in which ture Review Commission under the VA Asset study conducted under subsection (a), includ- the pilot program is carried out— and Infrastructure Review Act of 2018 (sub- ing— (i) the reduction in natural gas usage; title A of title II of Public Law 115–182) until (1) a description and quantification of— (ii) decreases in the frequency and severity the Secretary of Veterans Affairs submits to (A) potential natural gas and energy sav- of natural gas infrastructure constraints; the Committee on Veterans’ Affairs of the ings and load shifting; and and Senate, the Committee on Veterans’ Affairs (B) the costs and benefits associated with (iii) changes in energy costs and reli- of the House of Representatives, and the those savings, including avoided energy ability. Commission a report certifying that such costs, reduced market price volatility, im- (B) The Secretary shall submit to the Com- modernization or realignment will not result proved electric and gas system reliability, mittee on Energy and Natural Resources of in a disruption or reduction of services for deferred or avoided pipeline or utility capital the Senate and the Committee on Energy veterans residing in those States. investment, and air emissions reductions; and Commerce of the House of Representa- (2) an identification of geographic areas tives a report describing— SA 2956. Mr. COONS (for himself and that would benefit most from implementing (i) how to improve data collection; Mr. CARPER) submitted an amendment demand response measures for natural gas (ii) the metrics that should be used to intended to be proposed to amendment infrastructure; and quantify natural gas demand response usage; SA 2910 proposed by Mr. SHELBY to the (3) a description of— and bill H.R. 5895, making appropriations (A) existing and emerging technologies (iii) opportunities to improve the measure- for energy and water development and that can be used for demand response in the ment and verification of changes in natural related agencies for the fiscal year end- natural gas sector; and gas consumption resulting from natural gas ing September 30, 2019, and for other (B) best practices for developing a strategy demand response measures, including oppor- purposes; which was ordered to lie on for deployment of those technologies in the tunities to collect data that could be used to the table; as follows: natural gas sector. estimate the quantity of natural gas that could be shifted through the implementation At the end of title I of division A, add the SA 2958. Mr. WHITEHOUSE sub- of natural gas demand response measures. following: mitted an amendment intended to be (c)(1) On establishment of the pilot pro- SEC. 1lll. LAND DISPOSAL, FORT DUPONT, proposed to amendment SA 2910 pro- gram under subsection (b)(1), the Secretary DELAWARE. posed by Mr. SHELBY to the bill H.R. shall submit to all relevant eligible entities (a) IN GENERAL.—Notwithstanding any notice that the Secretary is accepting appli- other provision of law and subject to sub- 5895, making appropriations for energy and water development and related cations for the pilot program. section (b), not later than 180 days after the (2)(A) Not later than 200 days after the date date of enactment of this Act, the Secretary agencies for the fiscal year ending Sep- of enactment of this Act, each eligible entity of the Army shall transfer— tember 30, 2019, and for other purposes; desiring certification to participate in the (1) all right, title, and interest in and to a which was ordered to lie on the table; pilot program shall submit to the Secretary parcel of land known as that part of the as follows: an application containing such information Original Acquisition (OADE) Tract that in- At the end of title III of division A, add the as the Secretary may require. cludes the bed and banks of the Delaware following: (B) The Secretary may require as part of Branch Channel on the north side of the SEC. 3ll. (a) In this section: the application under subparagraph (A) in- Fifth Street Bridge, Delaware City, Dela- (1) The term ‘‘Commission’’ means the formation on— ware, containing approximately 31.6 acres of Federal Energy Regulatory Commission. (i) the current energy prices and energy land, to the Fort DuPont Redevelopment and (2) The term ‘‘pilot program’’ means the supply issues in the region in which the eli- Preservation Corporation; and natural gas demand response pilot program gible entity is located; and (2) all right, title, and interest in and to established under subsection (b)(1). (ii) how implementation of the pilot pro- the Fifth Street Bridge, together with the (3) The term ‘‘Secretary’’ means the Sec- gram in the region in which the eligible enti- land known as that part of the Original Ac- retary of Energy. ty is located can alleviate the current energy quisition (OADE) Tract that includes the (b)(1) Not later than 150 days after the date prices and energy supply issues in the region. banks and bed of the Delaware Branch Chan- of enactment of this Act, the Secretary, in (3) Not later than 250 days after the date of nel, Delaware City, Delaware, containing ap- consultation with the Commission, shall es- enactment of this Act, the Secretary shall proximately 0.27 acres of land, to the State tablish a natural gas demand response pilot notify each eligible entity that applied for of Delaware. program to use the latest demand response certification under paragraph (2)(A) of (b) CONDITIONS.— technology from the energy sector for nat- whether the eligible entity is certified to (1) STATE APPROVAL.—Before making a ural gas— participate in the pilot program. transfer under subsection (a), the Secretary (A) to reduce the cost of energy for con- (d) TERMINATION.—The pilot program shall of the Army shall ensure that the Governor sumers; terminate on the date that is 2 years after of Delaware agrees to the transfer. (B) to reduce market price volatility; the date on which the pilot program is estab- (2) TOLL-FREE BRIDGE.—Before making a (C) to increase reliability of the energy lished under subsection (b)(1). transfer under subsection (a)(2), the Gov- system; and (e) AUTHORIZATION OF APPROPRIATIONS.— ernor of Delaware shall agree to ensure that (D) to achieve reductions in air emissions There is authorized to be appropriated to no toll is imposed for use of the bridge re- and other benefits. carry out the pilot program $4,000,000. ferred to in that subsection, in accordance (2)(A) Except as provided in subparagraph with section 109 of the River and Harbor Act (B), to be eligible to participate in the pilot SA 2959. Ms. KLOBUCHAR submitted of 1950 (33 U.S.C. 534). program, an entity shall be— an amendment intended to be proposed (3) SURVEY.—The exact acreage and legal (i) a gas utility, including a local distribu- by her to the bill H.R. 5895, making ap- description of the land to be transferred tion company; propriations for energy and water de- under subsection (a) shall be determined by a (ii) a State public utilities commission; survey satisfactory to the Secretary of the (iii) an electric utility, including a local velopment and related agencies for the Army and the Governor of Delaware. distribution company; fiscal year ending September 30, 2019, (iv) a municipality; and for other purposes; which was or- SA 2957. Mr. WHITEHOUSE sub- (v) a large industrial consumer, large com- dered to lie on the table; as follows: mitted an amendment intended to be mercial consumer, or retail marketer of nat- At the end of title I of division C, add the proposed to amendment SA 2910 pro- ural gas; or following: posed by Mr. SHELBY to the bill H.R. (vi) a third-party energy efficiency pro- SEC. 1ll. EXPOSURE TO OPEN BURN PITS AND 5895, making appropriations for energy gram administrator. TOXIC AIRBORNE CHEMICALS AS and water development and related (B) An entity described in any of clauses PART OF PERIODIC HEALTH ASSESS- agencies for the fiscal year ending Sep- (ii) through (v) of subparagraph (A) shall not MENTS AND OTHER PHYSICAL EX- be eligible to participate in the pilot pro- AMINATIONS OF DEPARTMENT OF tember 30, 2019, and for other purposes; gram if the State law to which the entity is DEFENSE. which was ordered to lie on the table; subject specifically precludes the participa- (a) PERIODIC HEALTH ASSESSMENT.—The as follows: tion of the entity in a natural gas demand Secretary of Defense shall ensure that any At the end of title III of division A, add the response pilot program. periodic health assessment provided to mem- following: (3) The Secretary shall carry out the pilot bers of the Armed Forces includes an evalua- SEC. 3. (a) The Secretary of Energy (re- program under different scenarios, including tion of whether the member has been— ferred to in this section as the ‘‘Secretary’’) in a region that is experiencing fuel short- (1) based or stationed at a location where shall conduct a study on the potential for ages or natural gas infrastructure con- an open burn pit was used; or natural gas demand response across energy straints that cause the cost of energy to in- (2) exposed to toxic airborne chemicals, in- sectors and geographic regions. crease for consumers. cluding any information recorded as part of

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.037 S19JNPT1 S4048 CONGRESSIONAL RECORD — SENATE June 19, 2018 the Airborne Hazards and Open Burn Pit At the end of title II of division C, add the ‘‘(3) To establish, implement, and oversee a Registry. following: comprehensive program to train health pro- (b) SEPARATION HISTORY AND PHYSICAL EX- SEC. 2ll. ESTABLISHMENT OF CENTER OF EX- fessionals of the Department and the Depart- AMINATIONS.—Section 1145(a)(5) of title 10, CELLENCE IN PREVENTION, DIAG- ment of Defense in the treatment of health United States Code, is amended by adding at NOSIS, MITIGATION, TREATMENT, conditions relating to exposure to burn pits the end the following new subparagraph: AND REHABILITATION OF HEALTH and other environmental exposures. ‘‘(C) The Secretary concerned shall ensure CONDITIONS RELATING TO EXPO- ‘‘(4) To facilitate advancements in the that each physical examination of a member SURE TO BURN PITS AND OTHER EN- VIRONMENTAL EXPOSURES. study of the short-term and long-term ef- under subparagraph (A) includes an assess- fects of exposure to burn pits and other envi- ment of whether the member was— (a) IN GENERAL.—Subchapter II of chapter 73 of title 38, United States Code, is amended ronmental exposures. ‘‘(i) based or stationed at a location where ‘‘(5) To disseminate within medical facili- an open burn pit, as defined in subsection (c) by adding at the end the following new sec- tion: ties of the Department best practices for of section 201 of the Dignified Burial and training health professionals with respect to ‘‘§ 7330D. Center of excellence in prevention, Other Veterans’ Benefits Improvement Act health conditions relating to exposure to diagnosis, mitigation, treatment, and reha- of 2012 (Public Law 112–260; 38 U.S.C. 527 burn pits and other environmental expo- note), was used; or bilitation of health conditions relating to sures. ‘‘(ii) exposed to toxic airborne chemicals, exposure to burn pits and other environ- ‘‘(6) To conduct basic science and including any information recorded as part mental exposures translational research on health conditions of the registry established by the Secretary ‘‘(a) ESTABLISHMENT.—(1) The Secretary relating to exposure to burn pits and other of Veterans Affairs under such section 201.’’. shall establish within the Department a cen- environmental exposures for the purposes of (c) DEPLOYMENT ASSESSMENTS.—Section ter of excellence in the prevention, diag- 1074f(b)(2) of title 10, United States Code, is understanding the etiology of such condi- nosis, mitigation, treatment, and rehabilita- tions and developing preventive interven- amended by adding at the end the following tion of health conditions relating to expo- new subparagraph: tions and new treatments. sure to burn pits and other environmental ‘‘(7) To provide medical treatment to vet- ‘‘(D) An assessment of whether the member exposures to carry out the responsibilities was— erans diagnosed with medical conditions spe- specified in subsection (d). cific to exposure to burn pits and other envi- ‘‘(i) based or stationed at a location where ‘‘(2) The Secretary shall establish the cen- ronmental exposures. an open burn pit, as defined in subsection (c) ter of excellence under paragraph (1) through ‘‘(e) USE OF BURN PITS REGISTRY DATA.—In of section 201 of the Dignified Burial and the use of— Other Veterans’ Benefits Improvement Act carrying out its responsibilities under sub- ‘‘(A) the directives and policies of the De- section (d), the center of excellence shall of 2012 (Public Law 112–260; 38 U.S.C. 527 partment in effect as of the date of the en- note), was used; or have access to and make use of the data ac- actment of this section; cumulated by the burn pits registry estab- ‘‘(ii) exposed to toxic airborne chemicals, ‘‘(B) the recommendations of the Comp- including any information recorded as part lished under section 201 of the Dignified Bur- troller General of the United States and In- ial and Other Veterans’ Benefits Improve- of the registry established by the Secretary spector General of the Department in effect of Veterans Affairs under such section 201.’’. ment Act of 2012 (Public Law 112–260; 38 as of such date; and U.S.C. 527 note). (d) SHARING OF INFORMATION.— ‘‘(C) guidance issued by the Secretary of (1) DOD–VA.—The Secretary of Defense ‘‘(f) FUNDING.—The Secretary shall carry Defense under section 313 of the National De- and the Secretary of Veterans Affairs shall out this section using amounts appropriated fense Authorization Act for Fiscal Year 2013 jointly enter into a memorandum of under- to the Department for such purpose. (Public Law 112–239; 10 U.S.C. 1074 note). standing providing for the sharing by the De- ‘‘(g) DEFINITIONS.—In this section: ‘‘(b) SELECTION OF SITE.—In selecting the partment of Defense with the Department of ‘‘(1) The term ‘burn pit’ means an area of site for the center of excellence established land located in Afghanistan or Iraq that— Veterans Affairs of the results of covered under subsection (a), the Secretary shall evaluations regarding the exposure by a ‘‘(A) is designated by the Secretary of De- consider entities that— fense to be used for disposing solid waste by member of the Armed Forces to toxic air- ‘‘(1) are equipped with the specialized borne chemicals. burning in the outdoor air; and equipment needed to study, diagnose, and (2) REGISTRY.—If a covered evaluation of a ‘‘(B) does not contain a commercially man- treat health conditions relating to exposure member of the Armed Forces establishes ufactured incinerator or other equipment to burn pits and other environmental expo- that the member was based or stationed at a specifically designed and manufactured for sures; location where an open burn pit was used, or the burning of solid waste. ‘‘(2) have a track record of publishing in- the member was exposed to toxic airborne ‘‘(2) The term ‘other environmental expo- formation relating to post-deployment chemicals, the member shall be enrolled in sures’ means exposure to environmental haz- health exposures among veterans who served the Airborne Hazards and Open Burn Pit ards, including burn pits, dust or sand, haz- in the Armed Forces in support of Operation Registry, unless the member elects to not so ardous materials, and waste at any site in enroll. Iraqi Freedom and Operation Enduring Free- Afghanistan or Iraq that emits smoke con- dom; (e) DEFINITIONS.—In this section: taining pollutants present in the environ- (1) The term ‘‘Airborne Hazards and Open ‘‘(3) have access to animal models and in ment or smoke from fires or explosions.’’. vitro models of dust immunology and lung Burn Pit Registry’’ means the registry es- (b) CLERICAL AMENDMENT.—The table of tablished by the Secretary of Veterans Af- injury consistent with the injuries of mem- sections at the beginning of chapter 73 of fairs under section 201 of the Dignified Burial bers of the Armed Forces who served in sup- such title is amended by inserting after the and Other Veterans’ Benefits Improvement port of Operation Iraqi Freedom and Oper- item relating to section 7330C the following Act of 2012 (Public Law 112–260; 38 U.S.C. 527 ation Enduring Freedom; and new item: note). ‘‘(4) have expertise in allergy, immu- nology, and pulmonary diseases. ‘‘7330D. Center of excellence in prevention, (2) The term ‘‘covered evaluation’’ means— diagnosis, mitigation, treat- (A) a periodic health assessment conducted ‘‘(c) COLLABORATION.—The Secretary shall ensure that the center of excellence collabo- ment, and rehabilitation of in accordance with subsection (a); health conditions relating to (B) a separation history and physical ex- rates, to the maximum extent practicable, with the Secretary of Defense, institutions exposure to burn pits and other amination conducted under section 1145(a)(5) environmental exposures.’’. of title 10, United States Code, as amended of higher education, and other appropriate public and private entities (including inter- by this section; and SA 2961. Mr. TESTER (for himself (C) a deployment assessment conducted national entities) to carry out the respon- and Mr. DAINES) submitted an amend- under section 1074f(b)(2) of such title, as sibilities specified in subsection (d). amended by this section. ‘‘(d) RESPONSIBILITIES.—The center of ex- ment intended to be proposed to (3) The term ‘‘open burn pit’’ has the cellence shall have the following responsibil- amendment SA 2910 proposed by Mr. meaning given that term in section 201(c) of ities: SHELBY to the bill H.R. 5895, making the Dignified Burial and Other Veterans’ ‘‘(1) To provide for the development, test- appropriations for energy and water de- Benefits Improvement Act of 2012 (Public ing, and dissemination within the Depart- velopment and related agencies for the Law 112–260; 38 U.S.C. 527 note). ment of best practices for the treatment of health conditions relating to exposure to fiscal year ending September 30, 2019, and for other purposes; which was or- SA 2960. Ms. KLOBUCHAR (for her- burn pits and other environmental expo- dered to lie on the table; as follows: self and Mr. TILLIS) submitted an sures. amendment intended to be proposed by ‘‘(2) To provide guidance for the health sys- At the appropriate place in division A, in- her to the bill H.R. 5895, making appro- tems of the Department and the Department sert the following: of Defense in determining the personnel re- SEC. lll. Section 9 of the Fort Peck Res- priations for energy and water develop- quired to provide quality health care for ervation Rural Water System Act of 2000 ment and related agencies for the fiscal members of the Armed Forces and veterans (Public Law 106–382; 114 Stat. 1457, 123 Stat. year ending September 30, 2019, and for with health conditions relating to exposure 2856, 128 Stat. 164) is amended by striking other purposes; which was ordered to to burn pits and other environmental expo- ‘‘2020’’ each place it appears in subsections lie on the table; as follows: sures. (a)(1) and (b) and inserting ‘‘2026’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.033 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4049 SA 2962. Ms. CORTEZ MASTO sub- (B) Means of enhancing outreach, and co- (1) PERIODIC REPORTS.— mitted an amendment intended to be ordination of outreach, by and among pro- (A) IN GENERAL.—Not later than 180 days proposed by her to the bill H.R. 5895, viders of health care referred to in subpara- after the date of the commencement of the making appropriations for energy and graph (A) on the mental health care services program, and every 180 days thereafter, the available to veterans and family members Secretary shall submit to Congress a report water development and related agen- described in paragraph (1). on the program. cies for the fiscal year ending Sep- (C) Means of using wellness programs of (B) REPORT ELEMENTS.—Each report re- tember 30, 2019, and for other purposes; providers of health care referred to in sub- quired by subparagraph (A) shall include the which was ordered to lie on the table; paragraph (A) as complements to the provi- following: as follows: sion by the Department of Veterans Affairs (i) The findings and conclusions of the Sec- At end of title II of division A, add the fol- of mental health care to veterans and family retary with respect to the program during lowing: members described in paragraph (1). the 180-day period preceding the report. (D) Whether wellness programs described SEC. 203. COLORADO RIVER SYSTEM WATER (ii) An assessment of the benefits of the PILOT PROJECTS. in subparagraph (C) are effective in enhanc- program to veterans and their family mem- Section 206(c)(2) of the Energy and Water ing the quality of life and well-being of vet- bers during the 180-day period preceding the Development and Related Agencies Appro- erans and family members described in para- report. priations Act, 2015 (43 U.S.C. 620 note; Public graph (1). (2) FINAL REPORT.—Not later than 180 days Law 113–235) is amended by striking ‘‘2018’’ (E) Whether wellness programs described after the end of the program, the Secretary and inserting ‘‘2022; Provided, The Secretary in subparagraph (C) are effective in increas- shall submit to Congress a report detailing shall not fund pilot projects in the Upper ing the adherence of veterans described in the recommendations of the Secretary as to Colorado River Basin without the participa- paragraph (1) to the primary mental health the advisability of continuing or expanding tion of the Upper Colorado River Division services provided such veterans by the De- the program. States, acting through the Upper Colorado partment. (g) WELLNESS DEFINED.—In this section, River Commission’’. (F) Whether wellness programs described the term ‘‘wellness’’ has the meaning given in subparagraph (C) have an impact on the that term in regulations prescribed by the SEC. 204. WATER MANAGEMENT IMPROVEMENT. sense of wellbeing of veterans described in Secretary. Section 9504(e) of the Secure Water Act of paragraph (1) who receive primary mental 2009 (42 U.S.C. 10364(e)) is amended by strik- health services from the Department. SA 2965. Mr. SANDERS submitted an ing ‘‘$450,000,000’’ and inserting (G) Whether wellness programs described amendment intended to be proposed to ‘‘$480,000,000’’. in subparagraph (C) are effective in encour- amendment SA 2910 proposed by Mr. SA 2963. Mr. SANDERS (for himself aging veterans receiving health care from SHELBY to the bill H.R. 5895, making the Department to adopt a more healthy life- and Mr. NELSON) submitted an amend- appropriations for energy and water de- style. velopment and related agencies for the ment intended to be proposed to (b) DURATION.—The Secretary shall carry amendment SA 2910 proposed by Mr. out the program for a period of three years fiscal year ending September 30, 2019, SHELBY to the bill H.R. 5895, making beginning on the date that is one year after and for other purposes; which was or- appropriations for energy and water de- the date of the enactment of this Act. dered to lie on the table; as follows: velopment and related agencies for the (c) LOCATIONS.—The Secretary shall carry At the end of title II of division C, add the out the program at facilities of the Depart- following: fiscal year ending September 30, 2019, ment providing mental health care services and for other purposes; which was or- SEC. 2ll. CLARIFICATION THAT VETERANS ARE to veterans and family members described in NOT LIABLE FOR AMOUNTS IMPROP- dered to lie on the table; as follows: subsection (a)(1). ERLY PAID TO FAMILY CAREGIVERS On page 22, line 25, strike the period and (d) GRANT PROPOSALS.— DUE TO AN ERROR MADE BY THE insert the following: ‘‘: Provided further, That (1) IN GENERAL.—A public or private non- DEPARTMENT OF VETERANS AF- of the amounts appropriated under this head- profit entity seeking the award of a grant FAIRS. ing, $4,050,000 shall be made available for the under this section shall submit an applica- Section 1720G(a) of title 38, United States Photovoltaic Regional Test Centers for Solar tion therefor to the Secretary in such form Code, is amended by adding at the end the Technologies of the Department of Energy to and in such manner as the Secretary may re- following new paragraph: ensure the continued operation of each Re- quire. ‘‘(12) If a family caregiver of an eligible gional Test Center for Solar Technologies of (2) APPLICATION CONTENTS.—Each applica- veteran is found to be ineligible for the pro- the Department of Energy, as in existence on tion submitted under paragraph (1) shall in- gram required by paragraph (1) due to an the date of enactment of this Act.’’. clude the following: error made by the Department, the eligible (A) A plan to coordinate activities under veteran shall not be liable for any payments SA 2964. Mr. SANDERS submitted an the program, to the extent possible, with made by the Department to the family care- amendment intended to be proposed to Federal, State, and local providers of serv- giver.’’. amendment SA 2910 proposed by Mr. ices for veterans to enhance the following: (i) Awareness by veterans of benefits and SA 2966. Mr. SANDERS submitted an SHELBY to the bill H.R. 5895, making amendment intended to be proposed to appropriations for energy and water de- health care services provided by the Depart- ment. amendment SA 2910 proposed by Mr. velopment and related agencies for the (ii) Outreach efforts to increase the use by SHELBY to the bill H.R. 5895, making fiscal year ending September 30, 2019, veterans of services provided by the Depart- appropriations for energy and water de- and for other purposes; which was or- ment. velopment and related agencies for the dered to lie on the table; as follows: (iii) Educational efforts to inform veterans fiscal year ending September 30, 2019, of the benefits of a healthy and active life- At the end of title II of division C, add the and for other purposes; which was or- following: style. dered to lie on the table; as follows: SEC. 2ll. PROGRAM ON USE OF WELLNESS PRO- (B) A statement of understanding from the GRAMS AS COMPLEMENTARY AP- entity submitting the application that, if se- At the end of title II of division C, add the PROACH TO MENTAL HEALTH CARE lected, such entity will be required to report following: FOR VETERANS AND FAMILY MEM- to the Secretary periodically on standardized SEC. 2ll. PILOT PROGRAM ON PROVISION OF BERS OF VETERANS. data and other performance data necessary MEDICALLY-TAILORED MEALS TO (a) PROGRAM REQUIRED.— to evaluate individual outcomes and to fa- VETERANS. (1) IN GENERAL.—The Secretary of Veterans cilitate evaluations among entities partici- (a) IN GENERAL.—The Secretary of Vet- Affairs shall carry out a program through pating in the program. erans Affairs shall conduct a pilot program the award of grants to public or private non- (C) Other requirements that the Secretary to assess the feasibility and advisability of profit entities to assess the feasibility and may prescribe. providing medically-tailored meals for vet- advisability of using wellness programs to (e) GRANT USES.— erans living with one or more chronic condi- complement the provision of mental health (1) IN GENERAL.—A public or private non- tions that may be improved as follows by ac- care to veterans and family members eligible profit entity awarded a grant under this sec- cess to a healthy diet: for counseling under section 1712A(a)(1)(C) of tion shall use the award for purposes pre- (1) Improvement in the health of the vet- title 38, United States Code. scribed by the Secretary. eran, as measured by— (2) MATTERS TO BE ADDRESSED.—The pro- (2) ELIGIBLE VETERANS AND FAMILY.—In car- (A) a health outcome measure associated gram shall be carried out so as to assess the rying out the purposes prescribed by the Sec- with the identified chronic condition or the following: retary in paragraph (1), a public or private overall health of the veteran; (A) Means of improving coordination be- nonprofit entity awarded a grant under this (B) a reduction on the reliance of the vet- tween Federal, State, local, and community section shall use the award to furnish serv- eran on medication to control the identified providers of health care in the provision of ices only to individuals specified in section chronic condition; mental health care to veterans and family 1712A(a)(1)(C) of title 38, United States Code. (C) the perception by the veteran of their members described in paragraph (1). (f) REPORTS.— overall health and wellness; and

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(D) such other measures as determined by (f) REPORT TO CONGRESS.—Not later than On page 50, between lines 17 and 18, insert the Secretary to be clinically significant in 180 days after the completion of the pilot the following: coordination with the Secretary of Health program, the Secretary shall submit to the (i) WEST VALLEY DEMONSTRATION and Human Services. Committee on Veterans’ Affairs of the Sen- PROJECT.—All radioactive waste at the high- (2) The reduction of individual and house- ate and the Committee on Veterans’ Affairs level radioactive waste management dem- hold food insecurity. of the House of Representatives a report de- onstration project at the Western New York (3) The increased consumption of domestic tailing the recommendations of the Sec- Service Center in West Valley, New York, fruits and vegetables. retary as to the feasibility and advisability carried out under the West Valley Dem- (b) GRANTS.— of continuing or expanding the pilot pro- onstration Project Act (42 U.S.C. 2021a note; (1) IN GENERAL.—In carrying out the pilot gram, based on the following: Public Law 96–368) shall be considered to be program, the Secretary may award grants to (1) The improvement of health outcomes of waste resulting from atomic energy defense programs receiving Federal funding and participants in the pilot program. activities, as defined in section 2 of the Nu- serving veterans, including the following: (2) The reduction in the reliance of such clear Waste Policy Act of 1982 (42 U.S.C. (A) An emergency feeding organization (as participants on medications to control iden- 10101). defined in section 201A of the Emergency tified chronic conditions. Food Assistance Act of 1983 (7 U.S.C. 7501)). (3) The reduction of health care costs for SA 2969. Mrs. GILLIBRAND sub- (B) A federally-qualified health center (as Federal agencies resulting from the pilot mitted an amendment intended to be defined in section 1905(l)(2)(B) of the Social program. proposed to amendment SA 2910 pro- (4) The overall impact of the pilot program Security Act (42 U.S.C. 1396d(l)(2)(B))). posed by Mr. SHELBY to the bill H.R. (C) A facility operated by the Indian on spending in other programs of the Federal Government that are utilized by such par- 5895, making appropriations for energy Health Service or the governing body of an and water development and related Indian tribe (as defined in section 4 of the In- ticipants. (g) FUNDING.—There is authorized to be ap- agencies for the fiscal year ending Sep- dian Self-Determination and Education As- propriated to carry out this section tember 30, 2019, and for other purposes; sistance Act (25 U.S.C. 5304)). $10,000,000 for each of fiscal years 2019 (D) An institution of higher education (as which was ordered to lie on the table; through 2023. as follows: defined in section 101 of the Higher Edu- (h) DEFINITIONS.—In this section: cation Act of 1965 (20 U.S.C. 1001)). (1) MEDICALLY-TAILORED MEALS.—The term At the appropriate place in title III of divi- (2) GRANT DURATION.—The period covered ‘‘medically-tailored meals’’ means meals or sion A (relating to the Department of En- by a grant awarded under paragraph (1) may food packages designed by a registered dieti- ergy), under the heading ‘‘GENERAL PROVI- not be less than two years. tian or other nutrition professional to be SIONS—DEPARTMENT OF ENERGY’’, insert the (c) DURATION OF PROGRAM.— beneficial for someone with one or more following: (1) IN GENERAL.—The Secretary shall carry chronic conditions. SEC. 3ll. (a) Notwithstanding the time out the pilot program for a period of five (2) WELLNESS.—The term ‘‘wellness’’ has period specified in section 13 of the Federal years beginning on the date that is one year the meaning given that term by the Sec- Power Act (16 U.S.C. 806) that would other- after the date of the enactment of this Act. retary of Health and Human Services and in- wise apply to the Federal Energy Regulatory (2) INDIVIDUAL PARTICIPATION.—Veterans corporates the eight dimensions of wellness Commission project numbered 13287, the Fed- participating in the pilot program shall par- set forth by the Substance Abuse and Mental eral Energy Regulatory Commission (re- ticipate in the pilot program for a period of Health Service Administration of the De- ferred to in this section as the ‘‘Commis- not less than one year. partment of Health and Human Services. sion’’) may, at the request of the licensee for (d) LOCATION.—The pilot program shall be the project, and after reasonable notice, in carried out at not fewer than 10 locations in SA 2967. Mr. SANDERS submitted an accordance with the good faith, due dili- 10 different States. amendment intended to be proposed to gence, and public interest requirements of (e) PROGRAM REQUIREMENTS.—In carrying amendment SA 2910 proposed by Mr. that section and the procedures of the Com- mission under that section, extend the time out the pilot program, the Secretary shall SHELBY to the bill H.R. 5895, making include the following program requirements: period during which the licensee is required appropriations for energy and water de- to commence construction of the project for (1) A methodology for how the pilot pro- velopment and related agencies for the gram would be targeted to low-income vet- up to 4 consecutive 2-year periods after the erans and households with individuals with fiscal year ending September 30, 2019, required date of the commencement of con- one or more chronic conditions. and for other purposes; which was or- struction described in Article 301 of the li- (2) A plan for screening and enrolling vet- dered to lie on the table; as follows: cense. erans in the pilot program. At the end of title II of division C, add the (b)(1) If the period required for the com- (3) A methodology for the evaluation of following: mencement of construction of the project de- participants in the pilot program at the time SEC. 2ll. CONSTRUCTION OR LEASE OF DENTAL scribed in subsection (a) has expired prior to of enrollment, after six months, and after CLINICS OF DEPARTMENT OF VET- the date of enactment of this Act, the Com- one year of participation focused on the pur- ERANS AFFAIRS. mission may reinstate the license effective poses of the pilot program under subsection (a) IN GENERAL.—The Secretary of Vet- as of that date of expiration. (a), including— erans Affairs shall construct or lease a den- (2) If the Commission reinstates the license (A) a comprehensive health assessment of tal clinic of the Department of Veterans Af- under paragraph (1), the first extension au- each participant; fairs in any State that does not have a facil- thorized under subsection (a) shall take ef- (B) an evaluation of each participant’s per- ity of the Department that offers on-site fect on the date of that expiration. dental services. ception of their wellness; (b) FACILITY OF THE DEPARTMENT DE- Mrs. FEINSTEIN (for herself (C) an assessment of the eligibility of the SA 2970. FINED.—In this section, the term ‘‘facility of and Mr. REED) submitted an amend- participant and the participation of the par- the Department’’ has the meaning given the ticipant in programs of the Federal Govern- ment intended to be proposed to term ‘‘facilities of the Department’’ in sec- amendment SA 2910 proposed by Mr. ment designed to reduce food insecurity, in- tion 1701 of title 38, United States Code. cluding the supplemental nutrition assist- (c) FUNDING.— SHELBY to the bill H.R. 5895, making ance program established under the Food (1) IN GENERAL.—No new amounts are au- appropriations for energy and water de- and Nutrition Act of 2008 (7 U.S.C. 2011 et thorized to be appropriated to carry out this velopment and related agencies for the seq.) and the Meals on Wheels program; and section. fiscal year ending September 30, 2019, (D) an assessment of the eligibility of the (2) USE OF EXISTING AMOUNTS.—Not less and for other purposes; which was or- participant and the participation of the par- than $5,000,000 and not more than $10,000,000 dered to lie on the table; as follows: ticipant in programs of the Federal Govern- of the amounts appropriated to the Depart- At the end of title III of division A, add the ment designed to provide access to health ment of Veterans Affairs under this Act for following: care, including the Medicare program under construction shall be used to carry out this SEC. 305. None of the funds appropriated or title XVIII of the Social Security Act (42 section. U.S.C. 1395 et seq.), the Medicaid program otherwise made available by this Act may be under title XIX of such Act (42 U.S.C. 1396 et SA 2968. Mrs. GILLIBRAND sub- obligated or expended to commence the engi- seq.), and health insurance purchased mitted an amendment intended to be neering development phase, or any subse- quent phase, of the development of a low- through a health insurance exchange under proposed to amendment SA 2910 pro- title I of the Patient Protection and Afford- yield nuclear weapon unless such develop- posed by Mr. SHELBY to the bill H.R. ment is specifically authorized by an Act of able Care Act (Public Law 111–148). 5895, making appropriations for energy (4) The inclusion of nutrition education op- Congress. portunities for participants. and water development and related (5) A methodology for the collection and agencies for the fiscal year ending Sep- SA 2971. Mr. TESTER (for himself, aggregation of data for purposes of analyzing tember 30, 2019, and for other purposes; Ms. BALDWIN, Mrs. MURRAY, Mr. ISAK- the benefit of medically-tailored meals on which was ordered to lie on the table; SON, Ms. DUCKWORTH, Mr. BLUMENTHAL, participants. as follows: Ms. HIRONO, Mrs. GILLIBRAND, Mr.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.031 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4051 MANCHIN, and Mr. KING) submitted an (B) to preserve the survivability and the final rule issued by the Administrator of the amendment intended to be proposed to second-strike capability of ballistic missile Environmental Protection Agency and the amendment SA 2910 proposed by Mr. submarines without increasing risk. Secretary of the Army entitled ‘‘Clean Water (b) The report described in subsection (a) Rule: Definition of ‘Waters of the United SHELBY to the bill H.R. 5895, making shall be submitted in unclassified form but States’ ’’ (80 Fed. Reg. 37054 (June 29, 2015)). appropriations for energy and water de- may include a classified annex. velopment and related agencies for the (c) In this section, the term ‘‘congressional SA 2977. Mr. PAUL submitted an fiscal year ending September 30, 2019, defense committees’’ has the meaning given amendment intended to be proposed to and for other purposes; which was or- that term in section 101(a)(16) of title 10, amendment SA 2910 proposed by Mr. dered to lie on the table; as follows: United States Code. SHELBY to the bill H.R. 5895, making At the appropriate place in title II of divi- appropriations for energy and water de- sion C, insert the following: SA 2973. Mr. PAUL submitted an velopment and related agencies for the SEC. lll. INSPECTORS GENERAL. amendment intended to be proposed to fiscal year ending September 30, 2019, (a) PROHIBITION ON USE OF FUNDS.—None of amendment SA 2910 proposed by Mr. and for other purposes; which was or- the funds appropriated or otherwise made SHELBY to the bill H.R. 5895, making dered to lie on the table; as follows: available by this Act may be used to deny an appropriations for energy and water de- At the end of title V of division A, insert Inspector General funded under this Act velopment and related agencies for the the following: timely access to any records, documents, or fiscal year ending September 30, 2019, SEC. 5ll. Notwithstanding any other pro- other materials available to the department and for other purposes; which was or- vision of this Act, each amount provided by or agency of the United States Government dered to lie on the table; as follows: this division is reduced by such amount as is over which such Inspector General has re- necessary to ensure that the amount is equal At the end of title I of division A, add the sponsibilities under the Inspector General to the lower of— following: Act of 1978 (5 U.S.C. App.), or to prevent or (1) the amount described in the budget re- SEC. 1ll. None of the funds made avail- impede the access of such Inspector General quest submitted to Congress by the Presi- able by this Act may be used by the Sec- to such records, documents, or other mate- dent for the applicable heading, program, or retary of the Army— rials, under any provision of law, except a account; and (1) to enforce any requirements of the provision of law that expressly refers to such (2) the amount recommended by the Com- Rough River Lake Flowage Easement En- Inspector General and expressly limits the mittees on Appropriations of the Senate and right of access of such Inspector General. croachment Resolution Plan of the Corps of the House of Representatives for the applica- (b) TIMELY ACCESS.—A department or agen- Engineers, dated January 2017; or ble heading, program, or account. cy covered by this section shall provide its (2) to exercise any eminent domain power Inspector General access to all records, docu- under that Plan. SA 2978. Mr. THUNE (for himself, Mr. ments, and other materials in a timely man- DURBIN, Mr. ALEXANDER, Ms. KLO- ner. SA 2974. Mr. PAUL submitted an BUCHAR, Mr. ROUNDS, and Mr. GRASS- (c) COMPLIANCE.—Each Inspector General amendment intended to be proposed to LEY) submitted an amendment in- covered by this section shall ensure compli- amendment SA 2910 proposed by Mr. ance with statutory limitations on disclo- tended to be proposed to amendment SHELBY to the bill H.R. 5895, making sure relevant to the information provided by SA 2910 proposed by Mr. SHELBY to the appropriations for energy and water de- the department or agency over which that bill H.R. 5895, making appropriations Inspector General has responsibilities under velopment and related agencies for the for energy and water development and the Inspector General Act of 1978 (5 U.S.C. fiscal year ending September 30, 2019, related agencies for the fiscal year end- App.). and for other purposes; which was or- ing September 30, 2019, and for other (d) REPORT.—Each Inspector General cov- dered to lie on the table; as follows: ered by this section shall report to the Com- purposes; which was ordered to lie on At the end of title I of division A, add the mittee on Appropriations of the Senate and the table; as follows: following: the Committee on Appropriations of the Beginning on page 4, strike line 18 and all SEC. 1ll. None of the funds made avail- House of Representatives within 5 calendar that follows through page 16, line 25, and in- able by this Act may be used by the Sec- days of any failure by any department or sert the following: retary of the Army to complete the survey agency covered by this section to comply ment to construction); $2,148,000,000, to re- around Rough River Lake, Kentucky, by the with this section. main available until expended; of which such Corps of Engineers for the purposes of the sums as are necessary to cover the Federal SA 2972. Mr. MERKLEY submitted an Rough River Lake Flowage Easement En- share of construction costs for facilities amendment intended to be proposed to croachment Resolution Plan of the Corps of under the Dredged Material Disposal Facili- amendment SA 2910 proposed by Mr. Engineers, dated January 2017. ties program shall be derived from the Har- bor Maintenance Trust Fund as authorized SHELBY to the bill H.R. 5895, making SA 2975. Mr. PAUL submitted an by Public Law 104–303; and of which such appropriations for energy and water de- amendment intended to be proposed to sums as are necessary to cover one-half of velopment and related agencies for the amendment SA 2910 proposed by Mr. the costs of construction, replacement, reha- fiscal year ending September 30, 2019, SHELBY to the bill H.R. 5895, making bilitation, and expansion of inland water- and for other purposes; which was or- appropriations for energy and water de- ways projects, except for Chickamauga dered to lie on the table; as follows: velopment and related agencies for the Lock, Tennessee River, Tennessee, which At the end of title III of division A, insert shall be 15 percent during the fiscal year cov- fiscal year ending September 30, 2019, ered by this Act, shall be derived from the the following: and for other purposes; which was or- SEC. 305. (a) Of the funds appropriated by Inland Waterways Trust Fund, except as oth- this Act or otherwise made available for fis- dered to lie on the table; as follows: erwise specifically provided for in law: Pro- cal year 2019 for the W76–2 warhead modifica- At the end of title I of division A, add the vided, That of the funds made available tion program, not more than 50 percent may following: under this heading, $102,130,000 shall be for be obligated or expended until the date on SEC. 1ll. None of the funds made avail- Additional Funding, Inland Waterways Trust which the Secretary of Energy and the Sec- able by this Act may be used to carry out Fund Revenues, as designated in the report retary of Defense jointly submit to the con- any water supply reallocation study for the accompanying this Act: Provided further, gressional defense committees a report— Wolf Creek Dam, Lake Cumberland, Ken- That of the funds made available under this (1) assessing the potential effects of the tucky, project authorized under the Act of heading, $507,870,000 shall be for Additional modification of the W76–2 warhead and the July 24, 1946 (60 Stat. 636, ch. 595). Funding, Navigation, as designated in the re- port accompanying this Act. development of a low-yield nuclear warhead for submarine-launched ballistic missiles on SA 2976. Mr. PAUL submitted an MISSISSIPPI RIVER AND TRIBUTARIES strategic stability; amendment intended to be proposed to For expenses necessary for flood damage (2) providing evidence for the conclusion in amendment SA 2910 proposed by Mr. reduction projects and related efforts in the Mississippi River alluvial valley below Cape the 2018 Nuclear Posture Review that adver- SHELBY to the bill H.R. 5895, making saries have a ‘‘mistaken perception of an ex- Girardeau, Missouri, as authorized by law, appropriations for energy and water de- $350,000,000, to remain available until ex- ploitable ‘gap’ ’’ in United States regional de- velopment and related agencies for the terrence capabilities; and pended, of which such sums as are necessary (3) assessing options— fiscal year ending September 30, 2019, to cover the Federal share of eligible oper- (A) to reduce the risk of miscalculation as- and for other purposes; which was or- ation and maintenance costs for inland har- sociated with adversaries being unable to dered to lie on the table; as follows: bors shall be derived from the Harbor Main- distinguish between a submarine-launched At the end of title I of division A, add the tenance Trust Fund. ballistic missile carrying a low-yield war- following: OPERATION AND MAINTENANCE head and such a missile carrying several SEC. 1ll. None of the funds made avail- For expenses necessary for the operation, high-yield warheads; and able by this Act may be used to carry out the maintenance, and care of existing river and

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.034 S19JNPT1 S4052 CONGRESSIONAL RECORD — SENATE June 19, 2018

harbor, flood and storm damage reduction, That no part of any other appropriation pro- (8) OPERATION AND MAINTENANCE.—Unlim- aquatic ecosystem restoration, and related vided in this title shall be available to fund ited reprogramming authority is granted for projects authorized by law; providing secu- the civil works activities of the Office of the the Corps to be able to respond to emer- rity for infrastructure owned or operated by Chief of Engineers or the civil works execu- gencies: Provided, That the Chief of Engi- the Corps, including administrative build- tive direction and management activities of neers shall notify the House and Senate ings and laboratories; maintaining harbor the division offices: Provided further, That Committees on Appropriations of these channels provided by a State, municipality, any Flood Control and Coastal Emergencies emergency actions as soon thereafter as or other public agency that serve essential appropriation may be used to fund the super- practicable: Provided further, That for a base navigation needs of general commerce, vision and general administration of emer- level over $1,000,000, reprogramming of 15 where authorized by law; surveying and gency operations, repairs, and other activi- percent of the base amount up to a limit of charting northern and northwestern lakes ties in response to any flood, hurricane, or $5,000,000 per project, study, or activity is al- and connecting waters; clearing and other natural disaster. lowed: Provided further, That for a base level straightening channels; and removing ob- OFFICE OF THE ASSISTANT SECRETARY OF THE less than $1,000,000, the reprogramming limit structions to navigation, $3,740,000,000, to re- ARMY FOR CIVIL WORKS is $150,000: Provided further, That $150,000 may main available until expended, of which such be reprogrammed into any continuing study For the Office of the Assistant Secretary of sums as are necessary to cover the Federal or activity that did not receive an appropria- the Army for Civil Works as authorized by 10 share of eligible operation and maintenance tion; U.S.C. 3016(b)(3), $5,000,000, to remain avail- costs for coastal harbors and channels, and (9) MISSISSIPPI RIVER AND TRIBUTARIES.— able until September 30, 2020: Provided, That for inland harbors shall be derived from the The reprogramming guidelines in paragraphs not more than 75 percent of such amount Harbor Maintenance Trust Fund; of which (6), (7), and (8) shall apply to the Investiga- may be obligated or expended until the As- such sums as become available from the spe- tions, Construction, and Operation and sistant Secretary submits to the Committees cial account for the Corps of Engineers es- Maintenance portions of the Mississippi on Appropriations of both Houses of Con- tablished by the Land and Water Conserva- River and Tributaries Account, respectively; gress a work plan that allocates at least 95 tion Fund Act of 1965 shall be derived from and percent of the additional funding provided that account for resource protection, re- (10) FORMERLY UTILIZED SITES REMEDIAL AC- under each heading in this title, as des- search, interpretation, and maintenance ac- TION PROGRAM.—Reprogramming of up to 15 ignated under such heading in the report of tivities related to resource protection in the percent of the base of the receiving project is the Committee on Appropriations accom- areas at which outdoor recreation is avail- permitted. panying this Act, to specific programs, able; and of which such sums as become (b) DE MINIMUS REPROGRAMMINGS.—In no projects, or activities. available from fees collected under section case should a reprogramming for less than 217 of Public Law 104–303 shall be used to GENERAL PROVISIONS—CORPS OF $50,000 be submitted to the House and Senate cover the cost of operation and maintenance ENGINEERS—CIVIL Committees on Appropriations. of the dredged material disposal facilities for (INCLUDING TRANSFER OF FUNDS) (c) CONTINUING AUTHORITIES PROGRAM.— which such fees have been collected: Pro- Subsection (a)(1) shall not apply to any SEC. 101. (a) None of the funds provided in project or activity funded under the con- vided, That 1 percent of the total amount of title I of this Act, or provided by previous funds provided for each of the programs, tinuing authorities program. appropriations Acts to the agencies or enti- (d) Not later than 60 days after the date of projects, or activities funded under this ties funded in title I of this Act that remain enactment of this Act, the Secretary shall heading shall not be allocated to a field oper- available for obligation or expenditure in fis- submit a report to the House and Senate ating activity prior to the beginning of the cal year 2019, shall be available for obliga- Committees on Appropriations to establish fourth quarter of the fiscal year and shall be tion or expenditure through a reprogram- the baseline for application of reprogram- available for use by the Chief of Engineers to ming of funds that: ming and transfer authorities for the current fund such emergency activities as the Chief (1) creates or initiates a new program, fiscal year which shall include: of Engineers determines to be necessary and project, or activity; (1) A table for each appropriation with a appropriate, and that the Chief of Engineers (2) eliminates a program, project, or activ- separate column to display the President’s shall allocate during the fourth quarter any ity; budget request, adjustments made by Con- remaining funds which have not been used (3) increases funds or personnel for any gress, adjustments due to enacted rescis- for emergency activities proportionally in program, project, or activity for which funds sions, if applicable, and the fiscal year en- accordance with the amounts provided for have been denied or restricted by this Act, acted level; and the programs, projects, or activities. unless prior approval is received from the (2) A delineation in the table for each ap- REGULATORY PROGRAM House and Senate Committees on Appropria- propriation both by object class and pro- For expenses necessary for administration tions; gram, project and activity as detailed in the of laws pertaining to regulation of navigable (4) proposes to use funds directed for a spe- budget appendix for the respective appro- waters and wetlands, $200,000,000, to remain cific activity for a different purpose, unless priations; and available until September 30, 2020. prior approval is received from the House (3) An identification of items of special FORMERLY UTILIZED SITES REMEDIAL ACTION and Senate Committees on Appropriations; congressional interest. PROGRAM (5) augments or reduces existing programs, (e) The Secretary shall allocate funds For expenses necessary to clean up con- projects, or activities in excess of the made available in this Act solely in accord- tamination from sites in the United States amounts contained in paragraphs (6) through ance with the provisions of this Act and the resulting from work performed as part of the (10), unless prior approval is received from report of the Committee on Appropriations Nation’s early atomic energy program, the House and Senate Committees on Appro- accompanying this Act, including the deter- mination and designation of new starts. $120,000,000, to remain available until ex- priations; (f) None of the funds made available in this pended. (6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the title may be used to award or modify any FLOOD CONTROL AND COASTAL EMERGENCIES base amount up to a limit of $150,000 per contract that commits funds beyond the For expenses necessary to prepare for project, study or activity is allowed: Pro- amounts appropriated for that program, flood, hurricane, and other natural disasters vided, That for a base level less than $100,000, project, or activity that remain unobligated, and support emergency operations, repairs, the reprogramming limit is $25,000: Provided except that such amounts may include any and other activities in response to such dis- further, That up to $25,000 may be repro- funds that have been made available through asters as authorized by law, $35,000,000, to re- grammed into any continuing study or activ- reprogramming pursuant to this section. SEC. 102. The Secretary of the Army may main available until expended. ity that did not receive an appropriation for transfer to the Fish and Wildlife Service, and EXPENSES existing obligations and concomitant admin- the Fish and Wildlife Service may accept and For expenses necessary for the supervision istrative expenses; expend, up to $5,400,000 of funds provided in and general administration of the civil (7) CONSTRUCTION.—For a base level over this title under the heading ‘‘Operation and works program in the headquarters of the $2,000,000, reprogramming of 15 percent of the Maintenance’’ to mitigate for fisheries lost Corps of Engineers and the offices of the Di- base amount up to a limit of $3,000,000 per due to Corps of Engineers projects. vision Engineers; and for costs of manage- project, study or activity is allowed: Pro- SEC. 103. None of the funds in this Act shall ment and operation of the Humphreys Engi- vided, That for a base level less than be used for an open lake placement alter- neer Center Support Activity, the Institute $2,000,000, the reprogramming limit is native for dredged material, after evaluating for Water Resources, the United States $300,000: Provided further, That up to $3,000,000 the least costly, environmentally acceptable Army Engineer Research and Development may be reprogrammed for settled contractor manner for the disposal or management of Center, and the United States Army Corps of claims, changed conditions, or real estate de- dredged material originating from Lake Erie Engineers Finance Center allocable to the ficiency judgments: Provided further, That up or tributaries thereto, unless it is approved civil works program, $193,000,000, to remain to $300,000 may be reprogrammed into any under a State water quality certification available until September 30, 2020, of which continuing study or activity that did not re- pursuant to section 401 of the Federal Water not to exceed $5,000 may be used for official ceive an appropriation for existing obliga- Pollution Control Act (33 U.S.C. 1341): Pro- reception and representation purposes and tions and concomitant administrative ex- vided, That until an open lake placement al- only during the current fiscal year: Provided, penses; ternative for dredged material is approved

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.036 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4053 under a State water quality certification, ried out by the Youth Conservation Corps, as for energy and water development and the Corps of Engineers shall continue upland authorized by 16 U.S.C. 1706: Provided further, related agencies for the fiscal year end- placement of such dredged material con- That of the funds made available under this ing September 30, 2019, and for other sistent with the requirements of section 101 heading, $99,500,000 shall be for Additional purposes; which was ordered to lie on of the Water Resources Development Act of Funding for Ongoing Work: Rural Water, as 1986 (33 U.S.C. 2211). designated in the report accompanying this the table; as follows: SEC. 104. None of the funds made available Act. At the appropriate place in division C, in- in this title may be used for any acquisition sert the following: of buoy chain that is not consistent with 48 SA 2979. Ms. MURKOWSKI submitted SEC. lll. PILOT PROGRAM TO EXTEND PAVE- CFR 225.7007, subsections (a)(1) and (a)(2). an amendment intended to be proposed MENT LIFE. SEC. 105. None of the funds made available to amendment SA 2910 proposed by Mr. (a) AUTHORITY.—The Secretary of the by this Act may be used to require a permit SHELBY to the bill H.R. 5895, making Army may carry out a pilot program to de- for the discharge of dredged or fill material appropriations for energy and water de- sign, build, and test technologies and innova- tive pavement materials in order to extend under the Federal Water Pollution Control velopment and related agencies for the Act (33 U.S.C. 1251 et seq.) for the activities the service life of military roads and run- identified in subparagraphs (A) and (C) of fiscal year ending September 30, 2019, ways. section 404(f)(1) of the Act (33 U.S.C. and for other purposes; which was or- (b) SCOPE.—The pilot program authorized 1344(f)(1)(A), (C)). dered to lie on the table; as follows: by subsection (a) shall include the following: TITLE II At the end of title III of division A, add the (1) The design, test and assembly of tech- nologies and systems suitable for pavement DEPARTMENT OF THE INTERIOR following: SEC. 3ll. (a) Pursuant to the special mes- applications. CENTRAL UTAH PROJECT sage transmitted by the President on May 8, (2) Research, development, and testing of CENTRAL UTAH PROJECT COMPLETION ACCOUNT 2018, to the Senate and the House of Rep- new pavement materials for road and runway For carrying out activities authorized by resentatives proposing the rescission of use in different geographic areas in the the Central Utah Project Completion Act, budget authority under section 1012 of part B United States. $15,000,000, to remain available until ex- of title X of the Congressional Budget and (3) Design and procurement of platforms pended, of which $898,000 shall be deposited Impoundment Control Act of 1974 (2 U.S.C. and equipment to test performance, cost, into the Utah Reclamation Mitigation and 683), the rescissions described in subsection feasibility, and effectiveness. Conservation Account for use by the Utah (b) shall take effect immediately on the date (c) COMPETITION REQUIREMENTS.—Any Reclamation Mitigation and Conservation of enactment of this Act. award of a contract or grant under the pilot Commission: Provided, That of the amount (b) The rescissions referred to in sub- program authorized by subsection (a) shall provided under this heading, $1,398,675 shall section (a) are as follows: be made using merit-based selection proce- be available until September 30, 2020, for ex- (1) Any unobligated balances of amounts dures. penses necessary in carrying out related re- provided by section 129 of the Consolidated (d) REPORT.— sponsibilities of the Secretary of the Inte- Security, Disaster Assistance, and Con- (1) IN GENERAL.—Not later than two years rior: Provided further, That for fiscal year tinuing Appropriations Act, 2009 (Public Law after the commencement of the pilot pro- 2019, of the amount made available to the 110–329; 122 Stat. 3578) for the cost of direct gram, the Secretary of the Army shall sub- Commission under this Act or any other Act, loans under section 136(d) of the Energy mit to the congressional defense committees the Commission may use an amount not to Independence and Security Act of 2007 (42 a report on the pilot program. exceed $1,500,000 for administrative expenses. U.S.C. 17013(d)) are rescinded. (2) CONTENTS.—The report required by (2) Of the unobligated balances made avail- paragraph (1) shall include the following: BUREAU OF RECLAMATION able by section 1425 of the Department of De- (A) An assessment of the effectiveness of The following appropriations shall be ex- fense and Full-Year Continuing Appropria- activities under the pilot program in improv- pended to execute authorized functions of tions Act, 2011 (Public Law 112–10; 125 Stat. ing the service life of military roads and run- the Bureau of Reclamation: 126) for the cost of loan guarantees for re- ways. WATER AND RELATED RESOURCES newable energy or efficient end-use energy (B) An analysis of potential lifetime cost- (INCLUDING TRANSFERS OF FUNDS) technologies under section 1703 of the Energy savings associated with the extended service Policy Act of 2005 (42 U.S.C. 16513), life of the runways and roads as well as po- For management, development, and res- $160,682,760 are rescinded. tential reduction in energy demands. toration of water and related natural re- (3) Any unobligated balances of amounts (e) TERMINATION OF AUTHORITY.—The au- sources and for related activities, including made available under the heading ‘‘TITLE thorities under this section shall terminate the operation, maintenance, and rehabilita- 17—INNOVATIVE TECHNOLOGY LOAN GUAR- on September 30, 2024. tion of reclamation and other facilities, par- ANTEE PROGRAM’’ under the heading ‘‘EN- ticipation in fulfilling related Federal re- ERGY PROGRAMS’’ under the heading ‘‘DE- SA 2982. Mr. DURBIN submitted an sponsibilities to Native Americans, and re- PARTMENT OF ENERGY’’ in title IV of di- amendment intended to be proposed to lated grants to, and cooperative and other vision A of the American Recovery and Rein- agreements with, State and local govern- amendment SA 2910 proposed by Mr. vestment Act of 2009 (Public Law 111–5; 123 ments, federally recognized Indian tribes, SHELBY to the bill H.R. 5895, making Stat. 140) for the cost of guaranteed loans and others, $1,395,000,000, to remain available appropriations for energy and water de- authorized by section 1705 of the Energy Pol- until expended, of which $67,693,000 shall be velopment and related agencies for the icy Act of 2005 (42 U.S.C. 16516) are rescinded. available for transfer to the Upper Colorado fiscal year ending September 30, 2019, River Basin Fund and $5,551,000 shall be SA 2980. Mr. HEINRICH (for himself and for other purposes; which was or- available for transfer to the Lower Colorado dered to lie on the table; as follows: River Basin Development Fund; of which and Mr. GARDNER) submitted an On page 66, between lines 13 and 14, insert such amounts as may be necessary may be amendment intended to be proposed to the following: advanced to the Colorado River Dam Fund: amendment SA 2910 proposed by Mr. Provided, That such transfers may be in- SHELBY to the bill H.R. 5895, making TRANSIT BENEFITS FOR INTERNS creased or decreased within the overall ap- appropriations for energy and water de- SEC. 104. Section 7905(a) of title 5, United propriation under this heading: Provided fur- velopment and related agencies for the States Code, is amended— ther, That within available funds, $250,000 fiscal year ending September 30, 2019, (1) in paragraph (1), by inserting ‘‘, a Sen- shall be for grants and financial assistance and for other purposes; which was or- ate intern’’ before ‘‘, and a student’’; for educational activities: Provided further, (2) in paragraph (3), by striking ‘‘and’’ at That of the total appropriated, the amount dered to lie on the table; as follows: the end; for program activities that can be financed At the end of title III, add the following: (3) in paragraph (4), by striking the period by the Reclamation Fund or the Bureau of SEC. 3llll. In making awards from the at the end and inserting ‘‘; and’’; and Reclamation special fee account established Energy Technology Commercialization Fund (4) by adding at the end the following: by 16 U.S.C. 6806 shall be derived from that established under section 1001(e) of the En- ‘‘(5) the term ‘Senate intern’ means an in- Fund or account: Provided further, That funds ergy Policy Act of 2005 (42 U.S.C. 16391(e)), dividual— contributed under 43 U.S.C. 395 are available the requirements for matching funds shall be ‘‘(A) who serves in the office of a Senator until expended for the purposes for which the determined by the Secretary of Energy in ac- or a committee of the Senate on a temporary funds were contributed: Provided further, cordance with section 988 of that Act (42 basis for a period not to exceed 12 months That funds advanced under 43 U.S.C. 397a U.S.C. 16352). (without regard to whether the individual is compensated for the service); and shall be credited to this account and are Mr. DURBIN (for Ms. available until expended for the same pur- SA 2981. ‘‘(B) whose service is primarily for the edu- poses as the sums appropriated under this DUCKWORTH) submitted an amendment cational experience of the individual.’’. heading: Provided further, That of the intended to be proposed to amendment amounts provided herein, funds may be used SA 2910 proposed by Mr. SHELBY to the SA 2983. Mr. BENNET (for himself, for high-priority projects which shall be car- bill H.R. 5895, making appropriations Mr. GARDNER, and Ms. DUCKWORTH)

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.036 S19JNPT1 S4054 CONGRESSIONAL RECORD — SENATE June 19, 2018 submitted an amendment intended to (2) Outreach services. (A) The number of covered families served be proposed to amendment SA 2910 pro- (3) Assistance in obtaining any benefits under the pilot program. posed by Mr. SHELBY to the bill H.R. from the Department which the veteran (or (B) The number of covered families who re- 5895, making appropriations for energy member of a reserve component of the ceived service linkages or referrals under the Armed Forces) may be eligible to receive, in- and water development and related pilot program. cluding the following: (C) A description and assessment of the ef- agencies for the fiscal year ending Sep- (A) Vocational and rehabilitation coun- fectiveness and achievements of the pilot tember 30, 2019, and for other purposes; seling. program with respect to services and treat- which was ordered to lie on the table; (B) Employment and training services. ments and mitigation of risks, including as follows: (C) Educational assistance. risks relating to homelessness, unemploy- At the end of title III of division A, add the (D) Health care services. ment, and suicide. following: (4) Assistance in obtaining and coordi- (f) DEFINITIONS.—In this section: SEC. 3ll. (a) The Secretary of Energy, in nating the provision of other public benefits (1) COMMUNITY PARTNER.—The term ‘‘com- consultation with the Secretary of Defense, or available services provided by the Federal munity partner’’ means a private nonprofit shall evaluate the military installations at Government, State or local governments, or organization. which it would be cost-effective to establish other community partners, including the fol- (2) COVERED FAMILY.—The term ‘‘covered a partnership with community colleges, in- lowing: family’’ means a family with respect to stitutions of higher education, and the pri- (A) Marriage counseling. which the head of the household or the vate sector to train veterans and members of (B) Services for children. spouse of the head of the household is a vet- the Armed Forces transitioning to civilian (C) Suicide prevention. eran or a member of a reserve component of life to enter the cybersecurity, energy, and (D) Substance abuse awareness and treat- the Armed Forces. A family that consists of artificial intelligence workforces. ment. a single individual who is a veteran or a (b) Not later than 120 days after the date of (E) Mental health awareness and treat- member of a reserve component of the enactment of this Act, the Secretary of En- ment. Armed Forces shall be considered a covered ergy, in consultation with the Secretary of (F) Financial counseling. family. Defense, shall submit to the congressional (G) Employment assistance. defense and energy committees and make (H) Transportation services. SA 2985. Mr. McCONNELL (for Ms. publicly available a report describing the re- (I) Child care. BALDWIN (for herself and Mr. sults of the evaluation conducted under sub- (J) Housing counseling. PORTMAN)) proposed an amendment to section (a). (K) Preparing and updating family care amendment SA 2910 proposed by Mr. plans. SHELBY to the bill H.R. 5895, making SA 2984. Mr. TESTER submitted an (L) Development of strategies for living amendment intended to be proposed to with a veteran with post traumatic stress appropriations for energy and water de- amendment SA 2910 proposed by Mr. disorder or traumatic brain injury. velopment and related agencies for the SHELBY to the bill H.R. 5895, making (M) Accessing emergency financial assist- fiscal year ending September 30, 2019, appropriations for energy and water de- ance through philanthropic efforts. and for other purposes; as follows: velopment and related agencies for the (N) Such other services as may be appro- On page 32, line 16, strike the period at the fiscal year ending September 30, 2019, priate to improve the well-being and address end and insert the following: ‘‘: Provided, and for other purposes; which was or- the unique needs of veterans families who That of the amounts appropriated under this dered to lie on the table; as follows: live in rural or underserved areas or other- heading, $20,000,000 shall be for cooperative wise lack access to adequate services fur- agreements and laboratory support to accel- At the appropriate place in title II of divi- nished by the Department of Veterans Af- erate the domestic production of Molyb- sion C, insert the following: fairs, the Federal Government, or State and denum–99.’’. SEC. lll. PILOT PROGRAM ON COMMUNITY local governments. CARE COORDINATION AND SUP- SA 2986. Mr. HATCH submitted an PORTIVE SERVICES FOR FAMILIES (5) Providing direct services, described in OF VETERANS AND MEMBERS OF RE- paragraph (4), that are necessary to address amendment intended to be proposed to SERVE COMPONENTS OF THE the needs of the covered families but are oth- amendment SA 2910 proposed by Mr. ARMED FORCES WHO LACK ADE- erwise unavailable through existing public SHELBY to the bill H.R. 5895, making QUATE ACCESS TO SERVICES. or private programs. appropriations for energy and water de- (a) PILOT PROGRAM REQUIRED.— (c) AGREEMENTS AND GRANTS.— velopment and related agencies for the (1) IN GENERAL.—Commencing not later (1) AGREEMENTS.—The Secretary of Vet- than one year after the date of the enact- erans Affairs shall carry out the pilot pro- fiscal year ending September 30, 2019, ment of this Act, the Secretary of Veterans gram by entering into partnership agree- and for other purposes; which was or- Affairs shall, after consultation with the ments with community partners to provide dered to lie on the table; as follows: Secretary of Defense, carry out a pilot pro- intensive community care coordination and On page 24, line 16, insert ‘‘That using gram with community partners to assess the supportive services. funds made available under this heading, the feasibility and advisability of providing in- (2) GRANTS.— Secretary of Energy shall continue to carry tensive community care coordination and (A) IN GENERAL.—The Secretary shall, out external Department of Energy activi- supportive services to covered families who using a competitive and merit-based process, ties for advanced coal processing research lack adequate access to services furnished by award grants to community partners with and development, including by advancing the Department of Veterans Affairs or other whom the Secretary has entered into agree- early stage research for converting coal entities of Federal, State, and local govern- ments under paragraph (1). pitch and coal to carbon fiber and other ments. (B) USE OF FUNDS.—The amounts of grants value-added products for alternative uses of (2) LIMITATION.—The Secretary shall en- awarded under subparagraph (A) shall be coal: Provided further,’’ before ‘‘That of such sure that no coordination or supportive serv- used to provide intensive community care amount’’. ice is provided under the pilot program to a coordination and supportive services under covered family unless the Secretary has cer- the pilot program and to assess service deliv- SA 2987. Mr. PERDUE (for himself tified that the Department cannot otherwise ery efficiencies. and Mr. ISAKSON) submitted an amend- provide the coordination or supportive serv- (C) LOCATIONS.—The Secretary may award ment intended to be proposed to ice to the covered family, including by a grants under subparagraph (A) on an indi- amendment SA 2910 proposed by Mr. telehealth or other function of the Depart- vidual location basis and may award grants SHELBY to the bill H.R. 5895, making ment. for the provision of certain services at loca- appropriations for energy and water de- (b) COMMUNITY CARE COORDINATION AND tions that also provide other services. velopment and related agencies for the SUPPORTIVE SERVICES DESCRIBED.—For pur- (d) AUTHORIZATION OF APPROPRIATIONS.— poses of the pilot program, intensive commu- There is authorized to be appropriated to the fiscal year ending September 30, 2019, nity care coordination and supportive serv- Department of Veterans Affairs to carry out and for other purposes; which was or- ices are services provided by a community the pilot program $5,000,000 for each of fiscal dered to lie on the table; as follows: partner to improve the well-being and ad- years 2019, 2020, and 2021. At the end of title I of division A, add the dress the needs of covered families who live (e) REPORT.— following: in rural or underserved areas or who other- (1) IN GENERAL.—Not later than 340 days SEC. 1ll. Of the funds made available wise lack access to adequate services fur- before the completion of the pilot program, under this title for construction that are in nished by the Department of Veterans Af- the Secretary shall submit to the Committee excess of the amount requested for that pur- fairs, the Federal Government, or State and on Veterans’ Affairs of the Senate and the pose in the budget of the United States Gov- local governments. Intensive community Committee on Veterans’ Affairs of the House ernment most recently submitted by the care coordination and supportive services of Representatives a report on the results of President under section 1105 of title 31, may include the following: the pilot program. United States Code, not less than $100,000,000 (1) Care coordination and case manage- (2) CONTENTS.—The report required by shall be used for projects related to deep- ment services. paragraph (1) shall include the following: draft navigation.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.032 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4055 SA 2988. Mr. PERDUE (for himself posed by Mr. SHELBY to the bill H.R. appropriations for energy and water de- and Mr. ISAKSON) submitted an amend- 5895, making appropriations for energy velopment and related agencies for the ment intended to be proposed to and water development and related fiscal year ending September 30, 2019, amendment SA 2910 proposed by Mr. agencies for the fiscal year ending Sep- and for other purposes; which was or- SHELBY to the bill H.R. 5895, making tember 30, 2019, and for other purposes; dered to lie on the table; as follows: appropriations for energy and water de- which was ordered to lie on the table; At the end of title II of division C, add the velopment and related agencies for the as follows: following: fiscal year ending September 30, 2019, On page 50, between lines 17 and 18, insert SEC. 2ll. None of the funds made avail- and for other purposes; which was or- the following: able in this Act may be used in a manner that would increase wait times for veterans dered to lie on the table; as follows: SEC. 305. SENSE OF CONGRESS REGARDING THE CONSTRUCTION OF A PERMANENT who seek care at medical facilities of the De- At the appropriate place in title V of divi- partment of Veterans Affairs. sion A, insert the following: GEOLOGICAL REPOSITORY FOR NU- CLEAR WASTE AND RADIOACTIVE SEC. 5ll. None of the funds made avail- MATERIALS IN THE GREAT LAKES SA 2993. Mr. LEE submitted an able in this Act may be used to reevaluate or BASIN. amendment intended to be proposed to revise any jurisdictional determination for (a) FINDINGS.—Congress finds the fol- amendment SA 2910 proposed by Mr. wetland delineations for the Atlantic and lowing: SHELBY to the bill H.R. 5895, making Gulf Coast region that was valid as of Janu- (1) The water resources of the Great Lakes ary 1, 2008, or that has an effective approval Basin are precious public natural resources, appropriations for energy and water de- date of January 1, 2008, through December 31, which are shared by the Great Lakes States velopment and related agencies for the 2014. and the Canadian Provinces. fiscal year ending September 30, 2019, (2) Since 1909, the United States and Can- and for other purposes; which was or- SA 2989. Mr. PERDUE submitted an ada have worked to maintain and improve dered to lie on the table; as follows: amendment intended to be proposed by the water quality of the Great Lakes At the appropriate place in division C, in- him to the bill H.R. 5895, making ap- through water quality agreements. sert the following: (3) More than 40,000,000 people, in both Can- propriations for energy and water de- ll ada and the United States, depend on fresh SEC. . PROHIBITION ON THE INDEFINITE DE- velopment and related agencies for the TENTION OF CITIZENS AND LAWFUL fiscal year ending September 30, 2019, water from the Great Lakes for drinking PERMANENT RESIDENTS. water. and for other purposes; which was or- (a) IN GENERAL.—Section 4001(a) of title 18, (4) Ontario Power Generation is proposing dered to lie on the table; as follows: United States Code, is amended to read as to build a permanent geological repository follows: At the appropriate place, insert the fol- for nuclear waste less than 1 mile from Lake ‘‘(a) No citizen or lawful permanent resi- lowing: Huron in Kincardine, Ontario, Canada. dent of the United States shall be imprisoned SEC. ll. PROHIBITION ON OFFICIAL TRAVEL BY (5) Nuclear waste is highly toxic and can or otherwise detained by the United States MEMBERS OF CONGRESS AND CON- take tens of thousands of years to decompose GRESSIONAL STAFF IF APPROPRIA- except consistent with the Constitution and to safe levels. pursuant to an Act of Congress that ex- TIONS NOT COMPLETED. (6) A spill of nuclear waste into the Great On and after October 1, 2018, if both Houses pressly authorizes such imprisonment or de- Lakes could have lasting and severely ad- tention.’’. of Congress have not approved all the regular verse environmental, health, and economic appropriations bills for fiscal year 2019, no (b) RELATIONSHIP TO AN AUTHORIZATION TO impacts on the Great Lakes and the people USE MILITARY FORCE, DECLARATION OF WAR, amounts made available under this Act may who depend on the Great Lakes for their be obligated or expended for official travel OR SIMILAR AUTHORITY.—Section 4001 of title livelihood. 18, United States Code, as amended by sub- by a Member of Congress or an employee (7) At least 187 State, tribal, county, and whose pay is disbursed by the Secretary of section (a) is further amended— local governments have passed resolutions (1) by redesignating subsection (b) as sub- the Senate or the Clerk of the House of Rep- opposing Ontario Power Generation’s pro- resentatives. section (c); and posed nuclear waste repository. (2) by inserting after subsection (a) the fol- (8) Tribes and First Nations’ citizens have SA 2990. Mrs. GILLIBRAND (for her- lowing: a strong spiritual and cultural connection to ‘‘(b)(1) A general authorization to use mili- self, Ms. BALDWIN, and Mr. JOHNSON) the Great Lakes, and the protection of the tary force, a declaration of war, or any simi- submitted an amendment intended to Great Lakes is fundamental to treaty rights. lar authority, on its own, shall not be con- be proposed to amendment SA 2910 pro- (9) Ontario Power Generation has promised strued to authorize the imprisonment or de- posed by Mr. SHELBY to the bill H.R. not to move forward with its current pro- tention without charge or trial of a citizen 5895, making appropriations for energy posal without the support of the First Na- or lawful permanent resident of the United and water development and related tions that would be impacted. States apprehended in the United States. (10) During the 1980s, when the Department agencies for the fiscal year ending Sep- ‘‘(2) Paragraph (1) applies to an authoriza- of Energy, in accordance with the Nuclear tion to use military force, a declaration of tember 30, 2019, and for other purposes; Waste Policy Act of 1982, was studying po- which was ordered to lie on the table; war, or any similar authority enacted before, tential sites for a permanent nuclear waste on, or after the date of the enactment of the as follows: repository in the United States, the Govern- Due Process Guarantee Act. At the end of title I of division C, add the ment of Canada expressed concern with lo- ‘‘(3) This section shall not be construed to following: cating a permanent nuclear waste repository authorize the imprisonment or detention of a SEC. lll. (a) REPORT.—Not later than within shared water basins of the 2 coun- citizen of the United States, a lawful perma- December 31, 2019, the Secretary of Air Force tries. nent resident of the United States, or any shall submit to the congressional defense (b) SENSE OF CONGRESS.—It is the sense of other person who is apprehended in the committees a report setting forth the results Congress that— United States.’’. of a review, conducted by the Secretary for (1) the Government of Canada should not purposes of the report, of the analytical allow a permanent nuclear waste repository SA 2994. Mr. SANDERS submitted an model used for strategic basing of KC–46 air- to be built within the Great Lakes Basin; amendment intended to be proposed to (2) the President, the Secretary of Energy, craft. amendment SA 2910 proposed by Mr. (b) PARTICULAR ELEMENT.—The report shall and the Secretary of State should take ap- include such recommendations of the Sec- propriate action to work with the Govern- SHELBY to the bill H.R. 5895, making retary for the analytical model as the Sec- ment of Canada to prevent a permanent nu- appropriations for energy and water de- retary considers appropriate in order to en- clear waste repository from being built with- velopment and related agencies for the sure that the model addresses changes in re- in the Great Lakes Basin; and fiscal year ending September 30, 2019, fueling requirements along the Northern (3) the President, the Secretary of Energy, and for other purposes; which was or- Tier of the United States as a result of the and the Secretary of State should work to- dered to lie on the table; as follows: gether with the Government of Canada to 2018 National Defense Strategy and associ- Beginning on page 22, strike line 23 and all consider other avenues to identify safer and ated mobility capability requirements, in- that follows through page 24, line 15 and in- more responsible solutions for addressing the cluding, in particular, in connection with the sert the following: long-term storage of nuclear waste. growth of activities in the Northern Polar $2,330,000,000, to remain available until ex- region by global and regional powers. Mr. KENNEDY (for himself pended: Provided, That of such amount, SA 2992. $162,500,000 shall be available until Sep- SA 2991. Ms. STABENOW (for herself, and Mr. JONES) submitted an amend- tember 30, 2020, for program direction: Pro- Ms. BALDWIN, and Mr. PETERS) sub- ment intended to be proposed to vided further, That of such amount, mitted an amendment intended to be amendment SA 2910 proposed by Mr. $256,000,000 shall be used for grants under the proposed to amendment SA 2910 pro- SHELBY to the bill H.R. 5895, making weatherization assistance program for low-

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.050 S19JNPT1 S4056 CONGRESSIONAL RECORD — SENATE June 19, 2018 income persons established under part A of under the demonstration program under this At the end of title III of division A, add the title IV of the Energy Conservation and Pro- section in States that do not have a facility following: duction Act (42 U.S.C. 6861 et seq.). of the Department of Veterans Affairs that SEC. 305. (a) Not later than April 1, 2019, CYBERSECURITY, ENERGY SECRUITY, AND offers on-site dental services. and annually thereafter through 2025, the EMERGENCY RESPONSE (c) ELIGIBLE VETERANS.—A veteran is eligi- Chairperson of the Nuclear Weapons Council For Department of Energy expenses includ- ble for dental health care services under the established under section 179 of title 10, ing the purchase, construction, and acquisi- demonstration program under this section United States Code, shall submit to the Sec- tion of plant and capital equipment, and if— retary of Defense, the Administrator for Nu- other expenses necessary for energy sector (1) the veteran is entitled to dental health clear Security, and the congressional defense cybersecurity, energy security, emergency care services from the Department; or committees a written certification that the response, and electricity delivery activities (2) the veteran is enrolled in the system of plutonium pit production strategy rec- in carrying out the purposes of the Depart- patient enrollment of the Department under ommended by the Administrator in a letter ment of Energy Organization Act (42 U.S.C. section 1705 of title 38, United States Code, to the congressional defense committees 7101 et seq.), including the acquisition or but is not eligible for dental health care dated May 10, 2018, is on track to meet— condemnation of any real property or any fa- services from the Department under authori- (1) the requirement to begin production of cility or for plant or facility acquisition, ties other than this section. 30 war reserve pits per year at Los Alamos construction, or expansion, $260,000,000, to re- (d) TELEHEALTH.—For purposes of alter- National Laboratory, Los Alamos, New Mex- main available until expended: Provided, native dental health care providers and other ico, by 2026; and That of such amount, $28,500,000 shall be dental care providers who are licensed to (2) the timelines for demonstrating a capa- available until September 30, 2020, for pro- provide clinical care, dental services pro- bility to produce an additional 50 war reserve gram direction. vided under the demonstration program plutonium pits per year, as required by sec- under this section may be administered by tion 4219 of the Atomic Energy Defense Act NUCLEAR ENERGY such providers through telehealth-enabled (50 U.S.C. 2538a). For Department of Energy expenses includ- collaboration and supervision when appro- (b) In this section, the term ‘‘congressional ing the purchase, construction, and acquisi- priate and feasible. defense committees’’ has the meaning given tion of plant and capital equipment, and (e) AUTHORIZATION OF APPROPRIATIONS.— that term in section 101(a)(16) of title 10, other expenses necessary for nuclear energy There is authorized to be appropriated to the United States Code. activities in carrying out the purposes of the Secretary to carry out the demonstration Department of Energy Organization Act (42 program under this section $20,000,000. SA 2999. Mr. RUBIO submitted an U.S.C. 7101 et seq.), including the acquisition (f) ALTERNATIVE DENTAL HEALTH CARE amendment intended to be proposed to or condemnation of any real property or any PROVIDERS DEFINED.—In this section, the amendment SA 2910 proposed by Mr. facility or for plant or facility acquisition, term ‘‘alternative dental health care pro- SHELBY to the bill H.R. 5895, making construction, or expansion, $1,206,000,000, to viders’’ has the meaning given that term in remain available until expended: Provided, section 340G–1(a)(2) of the Public Health appropriations for energy and water de- That of such amount, $80,000,000 shall be Service Act (42 U.S.C. 256g–1(a)(2)). velopment and related agencies for the available until September 30, 2020, for pro- fiscal year ending September 30, 2019, gram direction. SA 2996. Mr. WARNER (for himself and for other purposes; which was or- FOSSIL ENERGY RESEARCH AND DEVELOPMENT and Mr. PORTMAN) submitted an dered to lie on the table; as follows: For Department of Energy expenses nec- amendment intended to be proposed to At the end of title I of division A, add the essary in carrying out fossil energy research amendment SA 2910 proposed by Mr. following: and development activities, under the au- SHELBY to the bill H.R. 5895, making SEC. 106. None of the funds made available thority of the Department of Energy Organi- appropriations for energy and water de- by this title may be used by the Corps of En- zation Act (42 U.S.C. 7101 et seq.), including gineers to conduct a release or discharge of the acquisition of interest, including defea- velopment and related agencies for the fiscal year ending September 30, 2019, water from Lake Okeechobee to the sible and equitable interests in any real Caloosahatchee Estuary or the Indian River property or any facility or for plant or facil- and for other purposes; which was or- Lagoon unless the discharge or release— ity acquisition or expansion, and for con- dered to lie on the table; as follows: (1) is conducted in pulses to minimize ducting inquiries, technological investiga- On page 31, line 16, insert ‘‘: Provided, That downstream impacts from reduced water tions and research concerning the extrac- of such amount, such amounts as are nec- quality and harmful algal blooms to local tion, processing, use, and disposal of mineral essary shall be available to ensure that the communities and wildlife habitat; or substances without objectionable social and Office of the Inspector General fully meets (2) is necessary— environmental costs (30 U.S.C. 3, 1602, and the requirements of the Federal Funding Ac- (A) to protect the integrity of the Herbert 1603), $716,000,000, to remain available until countability and Transparency Act of 2006 Hoover Dike; and expended: Pro- (31 U.S.C. 6101 note; Public Law 109–292)’’ be- (B) to minimize threats to lives and human fore the period. health in the communities surrounding Lake SA 2995. Mr. SANDERS submitted an Okeechobee. amendment intended to be proposed to SA 2997. Mr. BROWN submitted an amendment SA 2910 proposed by Mr. amendment intended to be proposed to SA 3000. Mr. RUBIO submitted an SHELBY to the bill H.R. 5895, making amendment SA 2910 proposed by Mr. amendment intended to be proposed to appropriations for energy and water de- SHELBY to the bill H.R. 5895, making amendment SA 2910 proposed by Mr. velopment and related agencies for the appropriations for energy and water de- SHELBY to the bill H.R. 5895, making fiscal year ending September 30, 2019, velopment and related agencies for the appropriations for energy and water de- and for other purposes; which was or- fiscal year ending September 30, 2019, velopment and related agencies for the dered to lie on the table; as follows: and for other purposes; which was or- fiscal year ending September 30, 2019, At the end of title II of division C, add the dered to lie on the table; as follows: and for other purposes; which was or- following: On page 22, line 25, strike ‘‘direction.’’ and dered to lie on the table; as follows: SEC. 2ll. DEMONSTRATION PROGRAM ON FUR- insert ‘‘direction: Provided further, That of At the end of title I of division A, add the NISHING DENTAL HEALTH CARE such amount, not less than $1,000,000 shall be SERVICES FOR VETERANS IN RURAL following: AND OTHER UNDERSERVED COMMU- used to support the development and deploy- SEC. 1ll. (a) Congress finds that— NITIES. ment of high-efficiency linear generator (1) the restoration of the Everglades, as de- (a) IN GENERAL.—The Secretary of Vet- power plant technology, which, for purposes scribed in the Comprehensive Everglades erans Affairs shall carry out a demonstra- of stationary electric power production, is Restoration Plan authorized by title VI of tion program to assess the feasibility and ad- equivalent to fuel cell power plant tech- the Water Resources Development Act of visability of furnishing dental health care nology.’’. 2000 (Public Law 106–541; 114 Stat. 2680) (re- services, including through the use of alter- ferred to in this section as the ‘‘Plan’’), is native dental health care providers, to in- SA 2998. Mr. HEINRICH (for himself the most ambitious environmental restora- crease access to such services for eligible and Mr. UDALL) submitted an amend- tion program in history; veterans who reside in rural and other under- ment intended to be proposed to (2) the overarching objectives of the Plan served communities. amendment SA 2910 proposed by Mr. are the restoration, preservation, and protec- (b) LOCATIONS.— SHELBY to the bill H.R. 5895, making tion of the south Florida ecosystem, while (1) IN GENERAL.—The Secretary shall carry appropriations for energy and water de- providing for other water-related needs of out the demonstration program in not more the region, including water supply and flood than four rural States, as determined by the velopment and related agencies for the protection; Secretary. fiscal year ending September 30, 2019, (3) the Plan should continue to be imple- (2) PRIORITY.—The Secretary shall and for other purposes; which was or- mented as authorized— prioritize the establishment of programs dered to lie on the table; as follows: (A) to ensure—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.038 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4057 (i) the protection of water quality in the SEC. lll. GRANTS FOR PROVISION OF TRANSI- amendment intended to be proposed to south Florida ecosystem; TION ASSISTANCE TO MEMBERS OF amendment SA 2910 proposed by Mr. THE ARMED FORCES AFTER SEPA- (ii) the reduction of the loss of fresh water SHELBY to the bill H.R. 5895, making from the south Florida ecosystem; and RATION, RETIREMENT, OR DIS- CHARGE. appropriations for energy and water de- (iii) the improvement of the environment (a) IN GENERAL.—The Secretary of Vet- velopment and related agencies for the of the south Florida ecosystem; and erans Affairs shall, in coordination with the (B) to achieve and maintain the benefits to fiscal year ending September 30, 2019, Secretary of Labor, award grants to eligible and for other purposes; which was or- the natural system and human environment organizations for the provision of transition described in the Plan; and assistance to members of the Armed Forces dered to lie on the table; as follows: (4) the equal partnership between the Fed- who are separated, retired, or discharged At the end of title III of division A, add the eral Government and the State of Florida re- from the Armed Forces, and spouses of such following: mains essential to accomplishing the objec- members. SEC. 305. (a) Section 5 of the Federal Power tives of the Plan. (b) USE OF FUNDS.—The recipient of a grant Act (16 U.S.C. 798) is amended— (b) It is the sense of the Congress that— under this section shall use the grant to co- (1) in subsection (a), by striking ‘‘three’’ (1) the discharge of excess water by the ordinate for members of the Armed Forces and inserting ‘‘4’’; and Corps of Engineers from Lake Okeechobee to and spouses described in subsection (a) the (2) in subsection (b)— the Caloosahatchee Estuary and the Indian following: (A) by striking ‘‘Commission may extend River Lagoon conflicts with the objectives of (1) Re´sume´ assistance. the period of a preliminary permit once for the Plan; (2) Interview training. not more than 2 additional years beyond the (2) the diversion of those Lake Okeechobee (3) Job recruitment training. 3 years’’ and inserting the following: ‘‘Com- discharges to project features like the Ever- (4) Behavioral health services. mission may— glades Agricultural Area Storage Reservoir, (5) Financial services. ‘‘(1) extend the period of a preliminary per- designed to store and treat water prior to re- (6) Legal assistance. mit once for not more than 4 additional lease into the Central Everglades, is an es- (7) Educational supportive services. years beyond the 4 years’’; sential source of fresh water for meeting the (8) Assistance with accessing benefits pro- (B) by striking the period at the end and objectives of the Plan; vided under laws administered by the Sec- inserting ‘‘; and’’; and (3) the peer-reviewed Dynamic Model for retary of Veterans Affairs. (C) by adding at the end the following: Everglades Stormwater Treatment Areas de- (9) Non-clinical case management. ‘‘(2) after the end of an extension period veloped by the Department of the Interior is (10) Such other services that may be re- granted under paragraph (1), issue an addi- wholly satisfactory for demonstrating com- lated to the assistance and services set forth tional permit to the permittee if the Com- pliance of congressionally authorized Plan in this subsection as the Secretary of Vet- mission determines that there are extraor- projects with water quality standards; and erans Affairs determines may lead directly dinary circumstances that warrant the (4) the Plan authorizes a 50/50 Federal- to successful transition to civilian life. issuance of the additional permit.’’. State cost share for all aspects of congres- (c) ELIGIBLE ORGANIZATIONS.—To be eligi- (b) Section 13 of the Federal Power Act (16 sionally authorized restoration projects, in- ble for a grant under this section, an organi- U.S.C. 806) is amended in the second sentence cluding water quality projects. zation shall submit to the Secretary an ap- by striking ‘‘once but not longer than two plication containing such information and additional years’’ and inserting ‘‘for not assurances as the Secretary, in consultation more than 8 additional years,’’. SA 3001. Mr. BENNET submitted an with the Secretary of Labor, may require. (c) Any obligation of a licensee or amendment intended to be proposed by (d) PRIORITY FOR HUBS OF SERVICES.—In exemptee for the payment of annual charges him to the bill H.R. 5895, making ap- awarding grants under this section, the Sec- under section 10(e) of the Federal Power Act retary shall give priority to an organization (16 U.S.C. 803(e)) for a project that has not propriations for energy and water de- that provides multiple forms of services de- velopment and related agencies for the commenced construction as of the date of en- scribed in subsection (b). actment of this Act shall commence not ear- fiscal year ending September 30, 2019, (e) INCLUSION IN TRANSITION ASSISTANCE lier than the latest of— PROGRAM COUNSELING.—The Secretary of the and for other purposes; which was or- (1) the date by which the licensee or military department concerned shall include dered to lie on the table; as follows: exemptee is required to commence construc- in the information provided to a member of tion; or At the appropriate place in title II, insert the Armed Forces during Transition Assist- (2) the date of any extension of the dead- the following: ance Program information regarding any re- line under paragraph (1). cipient of a grant under this section that is SEC. lll. IMPROVEMENTS TO AUTHORIZATION (d) If the period required for commence- located in the community in which that OF MONTHLY ASSISTANCE FROM ment of construction of any project licensed member will reside after separation, retire- THE DEPARTMENT OF VETERANS by the Federal Energy Regulatory Commis- AFFAIRS FOR DISABLED VETERANS ment, or discharge from the Armed Forces. sion (referred to in this subsection as the COMPETING FOR SLOTS ON THE (f) AMOUNT OF GRANT.—A grant under this UNITED STATES OLYMPIC TEAM. section shall be in an amount that does not ‘‘Commission’’) under part I of the Federal exceed 50 percent of the amount required by Power Act (16 U.S.C. 792 et seq.) has expired Subparagraph (B) of section 322(d)(1) of during the 3-year period ending on the date title 38, United States Code, is amended to the organization to provide the services de- scribed in subsection (b). of enactment of this Act— read as follows: (1) the Commission may reinstate the li- ‘‘(B) a veteran with a service-connected (g) DEADLINE.—The Secretary of Veterans Affairs shall commence the awarding of cense for the applicable project effective as disability rated as 30 percent or greater who of the date of expiration of the license; and is training to compete for a slot on the grants under this section not later than six months after the date of the enactment of (2) the first extension authorized under United States Olympic Team and the Sec- section 13 of the Federal Power Act (16 retary determines, on a case-by-case basis, is this Act. (h) TERMINATION.—The authority to pro- U.S.C. 806) (as amended by subsection (b)) training at an elite level or is invited by the vide a grant under this section shall termi- shall take effect on that expiration. United States Olympic Committee (or a na- nate on the date that is five years after the SEC. 306. Not later than 18 months after the tional governing body recognized by such date on which the Secretary commences the date of enactment of this Act, the Secretary committee under section 220521 of title 36) to awarding of grants under this section. of the Interior, after consultation with the compete for a slot on, or selected for, the (i) DERIVATION OF FUNDS.—Amounts used Secretary of Agriculture, shall— United States Olympic Team for any month to carry out this section shall be derived (1) survey the exterior boundaries of the in which the veteran is training or com- from amounts appropriated or otherwise tract of Federal land within the project peting in any event sanctioned by the United made available for the General Administra- boundary of the Swan Lake Hydroelectric States Olympic Committee (or a national tive Office of the Secretary of Veterans Af- Project (FERC No. 2911) as generally de- governing body).’’. fairs. picted and labeled ‘‘Lost Creek’’ on the map (j) DEFINITIONS.—In this section: entitled ‘‘Swan Lake Project Boundary—Lot 2’’ and dated February 1, 2016; and SA 3002. Mr. BENNET submitted an (1) SECRETARY CONCERNED.—The term ‘‘Sec- retary concerned’’ has the meaning given (2) issue a patent to the State of Alaska for amendment intended to be proposed by such term in section 101 of title 10, United the tract described in paragraph (1) in ac- him to the bill H.R. 5895, making ap- States Code. cordance with— propriations for energy and water de- (2) TRANSITION ASSISTANCE PROGRAM.—The (A) the survey authorized under paragraph velopment and related agencies for the term ‘‘Transition Assistance Program’’ (1); fiscal year ending September 30, 2019, means the Transition Assistance Program (B) section 6(a) of the Act of July 7, 1958 and for other purposes; which was or- under sections 1142 and 1144 of title 10, (commonly known as the ‘‘Alaska Statehood dered to lie on the table; as follows: United States Code. Act’’) (48 U.S.C. note prec. 21; Public Law 85– 508); and At the appropriate place in title II, insert SA 3003. Ms. MURKOWSKI (for her- (C) section 24 of the Federal Power Act (16 the following: self and Mr. MANCHIN) submitted an U.S.C. 818).

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.039 S19JNPT1 S4058 CONGRESSIONAL RECORD — SENATE June 19, 2018

SEC. 307. (a) In this section: (2) any electric generating facility that thorized under subsection (a) shall take ef- (1) The term ‘‘Commission’’ means the may be examined, proposed, or developed fect on the date of that expiration. Federal Energy Regulatory Commission. during the period of any stay or extension of SEC. 312. (a) Notwithstanding the time pe- (2) The term ‘‘Terror Lake Hydroelectric the license under this section. riod specified in section 13 of the Federal Project’’ means the project identified in sec- SEC. 309. (a) Notwithstanding the time pe- Power Act (16 U.S.C. 806) that would other- tion 1325 of the Alaska National Interest riod specified in section 13 of the Federal wise apply to the Federal Energy Regulatory Lands Conservation Act (16 U.S.C. 3212), and Power Act (16 U.S.C. 806) that would other- Commission project numbered 12642, the Fed- which is the Commission project numbered wise apply to Federal Energy Regulatory eral Energy Regulatory Commission (re- 2743. Commission project numbers 12756, 12757, and ferred to in this section as the ‘‘Commis- (3) The term ‘‘Upper Hidden Basin Diver- 12758, the Federal Energy Regulatory Com- sion’’) may, at the request of the licensee for sion Expansion’’ means the expansion of the mission (referred to in this section as the the project, and after reasonable notice, in Terror Lake Hydroelectric Project as gen- ‘‘Commission’’) may, at the request of the li- accordance with the good faith, due dili- erally described in exhibit E to the Upper censee for the applicable project, and after gence, and public interest requirements of Hidden Basin Grant Application dated July reasonable notice, in accordance with the that section and the procedures of the Com- 2, 2014, and submitted to the Alaska Energy good faith, due diligence, and public interest mission under that section, extend the time period during which the licensee is required Authority Renewable Energy Fund Round requirements of that section and the proce- to commence the construction of the project VIII by Kodiak Electric Association, Inc. dures of the Commission under that section, (b) The licensee for the Terror Lake Hydro- extend the time period during which the li- for up to 3 consecutive 2-year periods from electric Project may occupy not more than censee is required to commence the con- the date of the expiration of the extension originally issued by the Commission. 20 acres of Federal land to construct, oper- struction of the applicable project for up to (b) If the period required for commence- ate, and maintain the Upper Hidden Basin 3 consecutive 2-year periods from the date of ment of construction of the project described Diversion Expansion without further author- the expiration of the extension originally issued by the Commission. in subsection (a) has expired prior to the ization of the Secretary of the Interior or date of enactment of this Act— under the Alaska National Interest Lands (b) If the time period required for com- mencement of construction of a project de- (1) the Commission may reinstate the li- Conservation Act (16 U.S.C. 3101 et seq.). cense effective as of the date of the expira- (c) The Upper Hidden Basin Diversion Ex- scribed in subsection (a) has expired prior to tion of the license; and pansion shall be subject to appropriate terms the date of enactment of this Act— (2) the first extension authorized under and conditions included in an amendment to (1) the Commission may reinstate the li- subsection (a) shall take effect on that expi- a license issued by the Commission pursuant cense for the applicable project effective as ration date. to the Federal Power Act (16 U.S.C. 791a et of the date of the expiration of the license; and SEC. 313. (a) Notwithstanding the time pe- seq.), including section 4(e) of that Act (16 riod specified in section 13 of the Federal U.S.C. 797(e)), following an environmental re- (2) the first extension authorized under subsection (a) shall take effect on that expi- Power Act (16 U.S.C. 806) that would other- view by the Commission under the National wise apply to the Federal Energy Regulatory Environmental Policy Act of 1969 (42 U.S.C. ration. SEC. 310. (a) Notwithstanding the time pe- Commission projects numbered 12737 and 4321 et seq.). riod specified in section 13 of the Federal 12740, the Federal Energy Regulatory Com- SEC. 308. (a) In this section: Power Act (16 U.S.C. 806) that would other- mission (referred to in this section as the (1) The term ‘‘Commission’’ means the ‘‘Commission’’) may, at the request of the li- Federal Energy Regulatory Commission. wise apply to the Federal Energy Regulatory Commission project numbered 12478–003, the censee for the applicable project, and after (2) The term ‘‘license’’ means the license reasonable notice, in accordance with the for the Commission project numbered 11393. Federal Energy Regulatory Commission (re- ferred to in this section as the ‘‘Commis- good faith, due diligence, and public interest (3) The term ‘‘licensee’’ means the holder sion’’) may, at the request of the licensee for requirements of that section and the proce- of the license. the project, and after reasonable notice, in dures of the Commission under that section, (b) On the request of the licensee, the Com- extend the time period during which the li- mission shall issue an order continuing the accordance with the good faith, due dili- gence, and public interest requirements of, censee is required to commence the con- stay of the license. struction of the applicable project for up to (c) On the request of the licensee, but not and the procedures of the Commission under, 3 consecutive 2-year periods from the date of later than 10 years after the date of enact- that section, extend the time period during the expiration of the extension originally ment of this Act, the Commission shall— which the licensee is required to commence construction of the project for not more than issued by the Commission. (1) issue an order lifting the stay of the li- (b) If the period required for commence- cense under subsection (b); and 3 consecutive 2-year periods from the date of the expiration of the extension originally ment of construction of a project described (2) make the effective date of the license in subsection (a) has expired prior to the the date on which the stay is lifted under issued by the Commission. (b)(1) If the period required for the com- date of enactment of this Act— paragraph (1). mencement of construction of the project de- (1) the Commission may reinstate the li- (d)(1) Notwithstanding the time period scribed in subsection (a) has expired prior to cense for the applicable project effective as specified in section 13 of the Federal Power the date of enactment of this Act, the Com- of the date of the expiration of the license; Act (16 U.S.C. 806) that would otherwise mission may reinstate the license effective and apply to the Commission project numbered as of that date of expiration. (2) the first extension authorized under 11393, the Commission may, at the request of (2) If the Commission reinstates the license subsection (a) shall take effect on that expi- the licensee, and after reasonable notice, in under paragraph (1), the first extension au- ration. accordance with the good faith, due dili- thorized under subsection (a) shall take ef- SEC. 314. (a) Notwithstanding the time pe- gence, and public interest requirements of, fect on the date of that expiration. riod specified in section 13 of the Federal and the procedures of the Commission under, SEC. 311. (a) Notwithstanding the time pe- Power Act (16 U.S.C. 806) that would other- that section, extend the time period during riod specified in section 13 of the Federal wise apply to the Federal Energy Regulatory which the licensee is required to commence Power Act (16 U.S.C. 806) that would other- Commission project numbered 12715 (referred the construction of the project for not more wise apply to the Federal Energy Regulatory to in this section as the ‘‘project’’), the Fed- than 3 consecutive 2-year periods from the Commission project numbered 13287, the Fed- eral Energy Regulatory Commission (re- date of the expiration of the extension origi- eral Energy Regulatory Commission (re- ferred to in this section as the ‘‘Commis- nally issued by the Commission. ferred to in this section as the ‘‘Commis- sion’’) may, at the request of the licensee for (2)(A) If the period required for the com- sion’’) may, at the request of the licensee for the project, and after reasonable notice, in mencement of construction of the project de- the project, and after reasonable notice, in accordance with the good faith, due dili- scribed in paragraph (1) has expired prior to accordance with the good faith, due dili- gence, and public interest requirements of, the date of enactment of this Act, the Com- gence, and public interest requirements of and the procedures of the Commission under, mission may reinstate the license effective that section and the procedures of the Com- that section, extend the time period during as of the date of the expiration of the li- mission under that section, extend the time which the licensee is required to commence cense. period during which the licensee is required the construction of the project for not more (B) If the Commission reinstates the li- to commence construction of the project for than 3 consecutive 2-year periods that begin cense under subparagraph (A), the first ex- up to 4 consecutive 2-year periods after the on the date of the expiration of the extension tension authorized under paragraph (1) shall required date of the commencement of con- originally issued by the Commission. take effect on the date of that expiration. struction described in Article 301 of the li- (b)(1) If the period required for the com- (e) Nothing in this section prioritizes, or cense. mencement of construction of the project creates any advantage or disadvantage to, (b)(1) If the period required for the com- has expired before the date of enactment of Commission project numbered 11393 under mencement of construction of the project de- this Act, the Commission may reinstate the Federal law, including the Federal Power scribed in subsection (a) has expired prior to license effective as of the date of the expira- Act (16 U.S.C. 791a et seq.) or the Public Util- the date of enactment of this Act, the Com- tion of the license. ity Regulatory Policies Act of 1978 (16 U.S.C. mission may reinstate the license effective (2) If the Commission reinstates the license 2601 et seq.), as compared to— as of that date of expiration. under paragraph (1), the first extension au- (1) any electric generating facility in exist- (2) If the Commission reinstates the license thorized under subsection (a) shall take ef- ence on the date of enactment of this Act; or under paragraph (1), the first extension au- fect on the date of that expiration.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.035 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4059 SA 3004. Mr. TOOMEY (for himself the session of the Senate on Tuesday, Strike out all after the enacting clause and and Mr. YOUNG) submitted an amend- June 19, 2018, at 2:30 p.m., to conduct a insert: ment intended to be proposed to closed hearing. SECTION 1. SHORT TITLE. (a) IN GENERAL.—This Act may be cited as the amendment SA 2910 proposed by Mr. SPECIAL COMMITTEE ON AGING SHELBY to the bill H.R. 5895, making ‘‘John S. McCain National Defense Authoriza- The Special Committee on Aging is tion Act for Fiscal Year 2019’’. appropriations for energy and water de- authorized to meet during the session velopment and related agencies for the (b) REFERENCES.—Any reference in this or any of the Senate on Tuesday, June 19, 2018, other Act to the ‘‘National Defense Authoriza- fiscal year ending September 30, 2019, at 2:30 p.m., to conduct a hearing enti- tion Act for Fiscal Year 2019’’ shall be deemed to and for other purposes; which was or- tled ‘‘Changing the Trajectory of Alz- be a reference to the ‘‘John S. McCain National dered to lie on the table; as follows: heimer’s Reducing Risk, Detecting Defense Authorization Act for Fiscal Year On page 101, between lines 2 and 3, insert Early Symptoms, and Improving Data. 2019’’. the following: SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; SEC. 210. REPEAL OF MEDICAL DEVICE EXCISE SUBCOMMITTEE ON CONSUMER PROTECTION, TABLE OF CONTENTS. PRODUCT SAFETY, INSURANCE, AND DATA SE- TAX. (a) DIVISIONS.—This Act is organized into four CURITY (a) IN GENERAL.—Chapter 32 of the Internal divisions as follows: Revenue Code of 1986 is amended by striking The Subcommittee on Consumer Pro- (1) Division A—Department of Defense Au- subchapter E. tection, Product Safety, Insurance, and thorizations. (b) CONFORMING AMENDMENTS.— Data Security of the Committee on (2) Division B—Military Construction Author- (1) Subsection (a) of section 4221 of the In- Commerce, Science, and Transpor- izations. ternal Revenue Code of 1986 is amended by (3) Division C—Department of Energy Na- striking the last sentence. tation is authorized to meet during the session of the Senate on Tuesday, June tional Security Authorizations and Other Au- (2) Paragraph (2) of section 6416(b) of such thorizations. Code is amended by striking the last sen- 19, 2018, at 2:30 p.m., to conduct a hear- (4) Division D—Funding Tables. tence. ing entitled ‘‘Cambridge Analytica and (5) Division E—Additional Provisions. (c) CLERICAL AMENDMENT.—The table of other Facebook Partners: Examining (b) TABLE OF CONTENTS.—The table of con- subchapters for chapter 32 of the Internal Data Privacy Risk.’’ tents for this Act is as follows: Revenue Code of 1986 is amended by striking the item related to subchapter E. f Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table f PRIVILEGES OF THE FLOOR of contents. AUTHORITY FOR COMMITTEES TO Mr. BOOZMAN. Mr. President, I ask Sec. 3. Congressional defense committees. MEET unanimous consent that Molly Marsh, Sec. 4. Budgetary effects of this Act. Mr. ALEXANDER. Mr. President, I a fellow in Senator ALEXANDER’s office, DIVISION A—DEPARTMENT OF DEFENSE have 7 requests for committees to meet and Megan Parrott, a fellow in my of- AUTHORIZATIONS during today’s session of the Senate. fice, be granted floor privileges for the TITLE I—PROCUREMENT They have the approval of the Majority remainder of the consideration of H.R. Subtitle A—Authorization of Appropriations and Minority leaders. 5895, the Energy and Water Develop- Sec. 101. Authorization of appropriations. Pursuant to rule XXVI, paragraph ment and Related Agencies Appropria- Subtitle B—Army Programs 5(a), of the Standing Rules of the Sen- tions Act. Sec. 111. Deployment by the Army of an interim ate, the following committees are au- The PRESIDING OFFICER. Without cruise missile defense capability. thorized to meet during today’s session objection, it is so ordered. Subtitle C—Navy Programs of the Senate: Mr. SCHATZ. Mr. President, I ask Sec. 121. Multiyear procurement authority for COMMITTEE ON ARMED SERVICES unanimous consent that Olivia Harris, F/A–18E/F Super Hornet and EA– The Committee on Armed Services is Ramsay Eyre, Madeleine Granda, 18G aircraft program. authorized to meet during the session Brendon McGovern, and Jack Plunkett Sec. 122. Multiyear procurement authority for of the Senate on Tuesday, June 19, 2018, be granted floor privileges for the E–2D Advanced Hawkeye (AHE) at 10 a.m., to conduct a hearing on the length of the current debate on H.R. aircraft program. nomination of Lieutenant General Aus- 5895, an act making appropriations for Sec. 123. Extension of limitation on use of sole- tin S. Miller, USA, to be general and source shipbuilding contracts for Energy and Water Development, the certain vessels. Commander, Resolute Support Mission, Legislative Branch, and Military Con- North Atlantic Treaty Organization/ Sec. 124. Prohibition on availability of funds struction and Veterans Affairs for fis- for Navy port waterborne security Commander, United States Forces-Af- cal year 2019. barriers. ghanistan, Department of Defense. The PRESIDING OFFICER. Without Sec. 125. Multiyear procurement authority for COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. Standard Missile-6. AND PENSIONS Mr. CARPER. Mr. President, I ask Sec. 126. Limitation on availability of funds for The Committee on Health, Edu- unanimous consent that privileges of the Littoral Combat Ship. cation, Labor, and Pensions is author- Sec. 127. Nuclear refueling of aircraft carriers. the floor for the remainder of this Con- ized to meet during the session of the Sec. 128. Limitation on funding for Amphibious gress be granted to the following mem- Senate on Tuesday, June 19, 2018, at 10 Assault Vehicle Product Improve- bers of my staff: Andrew Wishnia, a.m., to conduct a hearing entitled ‘‘Ef- ment Program. Zachary Pilchen, Christina Baysinger, fective Administration of the 340B Subtitle D—Air Force Programs and Skylar Bayer. Drug Pricing Program’’. Sec. 141. Prohibition on availability of funds The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY for retirement of E–8 JSTARS air- objection, it is so ordered. The Committee on the Judiciary is craft. authorized to meet during the session f Sec. 142. B–52H aircraft system modernization report. of the Senate on Tuesday, June 19, 2018, NATIONAL DEFENSE AUTHORIZA- Sec. 143. Repeal of funding restriction for EC– at 10 a.m., to conduct a hearing enti- TION ACT FOR FISCAL YEAR 2019 130H Compass Call Recapitaliza- tled ‘‘Citizenship for Sale: Oversight of On Monday, June 18, 2018, the Senate tion Program and review of pro- the EB–5 Investor Visa Program.’’ gram acceleration opportunities. COMMITTEE ON VETERANS’ AFFAIRS passed H.R. 5515, as amended, as fol- lows: Subtitle E—Defense-wide, Joint, and The Committee on Veterans’ Affairs Multiservice Matters H.R. 5515 is authorized to meet during the ses- Sec. 151. Multiyear procurement authority for sion of the Senate on Tuesday, June 19, Resolved, That the bill from the House of C–130J aircraft program. 2018 during votes to conduct a hearing Representatives (H.R. 5515) entitled ‘‘An Act Sec. 152. Quarterly updates on the F–35 Joint the nomination of John Lowry III, of to authorize appropriations for fiscal year Strike Fighter program. Illinois, to be Assistant Secretary of 2019 for military activities of the Depart- Sec. 153. Authority to procure additional polar- Labor for Veterans’ Employment and ment of Defense, for military construction, class icebreakers. and for defense activities of the Department TITLE II—RESEARCH, DEVELOPMENT, Training. of Energy, to prescribe military personnel TEST, AND EVALUATION SELECT COMMITTEE ON INTELLIGENCE strengths for such fiscal year, and for other The Select Committee on Intel- purposes.’’, do pass with the following Subtitle A—Authorization of Appropriations ligence is authorized to meet during amendment: Sec. 201. Authorization of appropriations.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.035 S19JNPT1 S4060 CONGRESSIONAL RECORD — SENATE June 19, 2018 Subtitle B—Program Requirements, Restrictions, Sec. 312. Funding of study and assessment of Sec. 504. Enhancement of availability of con- and Limitations health implications of per- and structive service credit for private Sec. 211. Codification and reauthorization of polyfluoroalkyl substances con- sector training or experience upon Defense Research and Develop- tamination in drinking water by original appointment as a commis- ment Rapid Innovation Program. Agency for Toxic Substances and sioned officer. Sec. 212. Procedures for rapid reaction to Disease Registry. Sec. 505. Standardized temporary promotion au- emerging technology. Sec. 313. Military Mission Sustainment Siting thority across the military depart- Sec. 213. Activities on identification and devel- Clearinghouse. ments for officers in certain opment of enhanced personal pro- Sec. 314. Operational energy policy. grades with critical skills. tective equipment against blast in- Sec. 315. Funding treatment of perfluorooctane Sec. 506. Authority for promotion boards to rec- jury. sulfonic acid and ommend officers of particular Sec. 214. Human factors modeling and simula- perfluorooctanoic acid at State- merit be placed higher on a pro- tion activities. owned and operated National motion list. Sec. 215. Expansion of mission areas supported Guard installations. Sec. 507. Authority for officers to opt out of by mechanisms for expedited ac- Subtitle C—Reports promotion board consideration. cess to technical talent and exper- Sec. 508. Competitive category matters. Sec. 321. Reports on readiness. tise at academic institutions. Sec. 509. Promotion zone matters. Sec. 322. Report on cold weather capabilities Sec. 216. Advanced manufacturing activities. Sec. 510. Alternative promotion authority for Sec. 217. National security innovation activi- and readiness of United States Armed Forces. officers in designated competitive ties. categories of officers. Sec. 218. Partnership intermediaries for pro- Subtitle D—Other Matters Sec. 511. Applicability to additional officer motion of defense research and Sec. 331. Pilot programs on integration of mili- grades of authority for continu- education. tary information support and civil ation on active duty of officers in Sec. 219. Limitation on use of funds for Surface affairs activities. certain military specialties and Navy Laser Weapon System. Sec. 332. Reporting on future years budgeting career tracks. Sec. 220. Expansion of coordination require- by subactivity group. PART II—OTHER MATTERS ment for support for national se- Sec. 333. Restriction on upgrades to aviation curity innovation and entrepre- demonstration team aircraft. Sec. 516. Matters relating to satisfactory service neurial education. Sec. 334. U.S. Special Operations Command ci- in grade for purposes of retire- Sec. 221. Limitation on funding for Amphibious vilian personnel. ment grade of officers in highest Combat Vehicle 1.2. Sec. 335. Limitation on availability of funds for grade of satisfactory service. Sec. 222. Defense quantum information science service-specific Defense Readiness Sec. 517. Reduction in number of years of active and technology research and de- Reporting Systems. naval service required for perma- velopment program. Sec. 336. Repurposing and reuse of surplus nent appointment as a limited Sec. 223. Joint directed energy test activities. Army firearms. duty officer. Sec. 224. Requirement for establishment of ar- Sec. 337. Limitation on availability of funds for Sec. 518. Repeal of original appointment quali- rangements for expedited access to establishment of additional spe- fication requirement for warrant technical talent and expertise at cialized undergraduate pilot officers in the regular Army. academic institutions to support training facility. Sec. 519. Uniform grade of service of the Chiefs Department of Defense missions. Sec. 338. Scope of authority for restoration of of Chaplains of the Armed Forces. Sec. 225. Authority for Joint Directed Energy land due to mishap. Sec. 520. Written justification for appointment Transition Office to conduct re- Sec. 339. Redesignation of the Utah Test and of Chiefs of Chaplains in grade search relating to high powered Training Range (UTTR). below grade of major general or microwave capabilities. rear admiral. Sec. 226. Joint artificial intelligence research, Subtitle E—Logistics and Sustainment Subtitle B—Reserve Component Management development, and transition ac- Sec. 351. Limitation on modifications to Navy tivities. Facilities Sustainment, Restora- Sec. 521. Authority to adjust effective date of Subtitle C—Reports and Other Matters tion, and Modernization (FSRM) promotion in the event of undue structure and mechanism. delay in extending Federal rec- Sec. 231. Report on comparative capabilities of ognition of promotion. TITLE IV—MILITARY PERSONNEL adversaries in key technology Sec. 522. Authority to designate certain reserve AUTHORIZATIONS areas. officers as not to be considered for Sec. 232. Report on active protection systems for Subtitle A—Active Forces selection for promotion. armored combat and tactical vehi- Sec. 401. End strengths for active forces. Sec. 523. Expansion of personnel subject to au- cles. Sec. 402. End strengths for commissioned offi- thority of the Chief of the Na- Sec. 233. Next Generation Combat Vehicle. tional Guard Bureau in the exe- Sec. 234. Report on the future of the defense re- cers on active duty in certain cution of functions and missions search and engineering enterprise. grades. Sec. 235. Modification of reports on mechanisms Subtitle B—Reserve Forces of the National Guard Bureau. Sec. 524. Repeal of prohibition on service on to provide funds to defense lab- Sec. 411. End strengths for Selected Reserve. Army Reserve Forces Policy Com- oratories for research and devel- Sec. 412. End strengths for Reserves on active mittee by members on active duty. opment of technologies for mili- duty in support of the reserves. tary missions. Sec. 413. End strengths for military technicians Subtitle C—General Service Authorities Sec. 236. Report on Mobile Protected Firepower (dual status). Sec. 531. Assessment of Navy standard work- and Future Vertical Lift. Sec. 414. Maximum number of reserve personnel week and related adjustments. Sec. 237. Improvement of the Air Force supply authorized to be on active duty Sec. 532. Manning of Forward Deployed Naval chain. for operational support. Forces. Sec. 238. Review of guidance on blast exposure Subtitle C—Authorization of Appropriations Sec. 533. Navy watchstander records. during training. Sec. 534. Qualification experience requirements Sec. 421. Military personnel. Sec. 239. List of technologies and manufac- for certain Navy watchstations. Sec. 422. Limitation on use of funds for per- turing capabilities critical to Sec. 535. Repeal of 15-year statute of limitations sonnel in fiscal year 2019 in excess Armed Forces. on motions or requests for review of statutorily specified end Sec. 240. Report on requiring access to digital of discharge or dismissal from the strengths for fiscal year 2018. technical data in future acquisi- Armed Forces. tions of combat, combat service, TITLE V—MILITARY PERSONNEL POLICY Sec. 536. Treatment of claims relating to mili- and combat support systems. Subtitle A—Officer Personnel Policy tary sexual trauma in correction Sec. 241. Competitive acquisition strategy for of military records and review of Bradley Fighting Vehicle trans- PART I—OFFICER PERSONNEL MANAGEMENT discharge or dismissal pro- mission replacement. REFORM ceedings. Sec. 242. Independent assessment of electronic Sec. 501. Repeal of codified specification of au- warfare plans and programs. thorized strengths of certain com- Subtitle D—Military Justice Matters TITLE III—OPERATION AND missioned officers on active duty. Sec. 541. Punitive article on domestic violence MAINTENANCE Sec. 502. Annual defense manpower require- under the Uniform Code of Mili- Subtitle A—Authorization of Appropriations ments report matters. tary Justice. Sec. 503. Repeal of requirement for ability to Sec. 542. Inclusion of strangulation and suffo- Sec. 301. Authorization of appropriations. complete 20 years of service by age cation in conduct constituting ag- Subtitle B—Energy and Environment 62 as qualification for original ap- gravated assault for purposes of Sec. 311. Further improvements to energy secu- pointment as a regular commis- the Uniform Code of Military Jus- rity and resilience. sioned officer. tice.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4061 Sec. 543. Authorities of Defense Advisory Com- Sec. 569. Improvement of My Career Advance- Sec. 606. Eligibility of reserve component mem- mittee on Investigation, Prosecu- ment Account program for mili- bers for high-deployment allow- tion, and Defense of Sexual As- tary spouses. ance for lengthy or numerous de- sault in the Armed Forces. Sec. 570. Access to military installations for cer- ployments and frequent mobiliza- Sec. 544. Protective orders against individuals tain surviving spouses and other tions. subject to the Uniform Code of next of kin of members of the Sec. 607. Eligibility of reserve component mem- Military Justice. Armed Forces who die while on bers for nonreduction in pay Sec. 545. Expansion of eligibility for Special active duty or certain reserve while serving in the uniformed Victims’ Counsel services. duty. services or National Guard. Sec. 546. Clarification of expiration of term of Sec. 571. Department of Defense Military Fam- Sec. 608. Temporary adjustment in rate of basic appellate military judges of the ily Readiness Council matters. allowance for housing following United States Court of Military Sec. 572. Multidisciplinary teams for military identification of significant Commission Review. installations on child abuse and underdetermination of civilian Sec. 547. Expansion of policies on expedited other domestic violence. housing costs for housing areas. transfer of members of the Armed Sec. 573. Provisional or interim clearances to Subtitle B—Bonuses and Special and Incentive Forces who are victims of sexual provide childcare services at mili- Pays assault. tary childcare centers. Sec. 548. Uniform command action form on dis- Sec. 574. Pilot program on prevention of child Sec. 611. One-year extension of certain expiring position of unrestricted sexual as- abuse and training on safe bonus and special pay authorities. sault cases involving members of childcare practices among military Subtitle C—Disability Pay, Retired Pay, and the Armed Forces. families. Survivor Benefits Sec. 549. Inclusion of information on certain Sec. 575. Pilot program on participation of mili- tary spouses in Transition Assist- Sec. 621. Technical corrections in calculation collateral conduct of victims of and publication of special sur- sexual assault in annual reports ance Program activities. Sec. 576. Small business activities of military vivor indemnity allowance cost of on sexual assault involving mem- living adjustments. bers of the Armed Forces. spouses on military installations in the United States. Subtitle D—Other Matters Subtitle E—Member Education, Training, Transition, and Resilience Subtitle G—Decorations and Awards Sec. 631. Rates of per diem for long-term tem- porary duty assignments. Sec. 551. Consecutive service of service obliga- Sec. 581. Authorization for award of the Distin- tion in connection with payment guished Service Cross for Justin T. Sec. 632. Prohibition on per diem allowance re- of tuition for off-duty training or Gallegos for acts of valor during ductions based on the duration of education for commissioned offi- Operation Enduring Freedom. temporary duty assignment or ci- cers of the Armed Forces with any Sec. 582. Award of medals or other commenda- vilian travel. other service obligations. tions to handlers of military TITLE VII—HEALTH CARE PROVISIONS working dogs. Sec. 552. Consecutive service of active service Subtitle A—TRICARE and Other Health Care obligations for medical training Subtitle H—Other Matters Benefits with other service obligations for Sec. 591. Authority to award damaged personal Sec. 701. Consolidation of cost-sharing require- education or training. protective equipment to members ments under TRICARE Select and Sec. 553. Clarification of application and hon- separating from the Armed Forces TRICARE Prime. orable service requirements under and veterans as mementos of mili- Sec. 702. Administration of TRICARE dental the Troops-to-Teachers Program tary service. plans through the Federal Em- to members of the Retired Reserve. Sec. 592. Standardization of frequency of acad- ployees Dental Insurance Pro- Sec. 554. Prohibition on use of funds for attend- emy visits of the Air Force Acad- gram. ance of enlisted personnel at sen- emy Board of Visitors with acad- ior level and intermediate level of- emy visits of boards of other mili- Sec. 703. Contraception coverage parity under ficer professional military edu- tary service academies. the TRICARE program. cation courses. Sec. 593. Redesignation of the Commandant of Sec. 704. Pilot program on opioid management Sec. 555. Repeal of program on encouragement the United States Air Force Insti- in the military health system. of postseparation public and com- tute of Technology as the Presi- Sec. 705. Pilot program on treatment of members munity service. dent of the United States Air of the Armed Forces for post-trau- Sec. 556. Expansion of authority to assist mem- Force Institute of Technology. matic stress disorder related to bers in obtaining professional cre- Sec. 594. Limitation on justifications entered by military sexual trauma. dentials. military recruiters for enlistment Subtitle B—Health Care Administration Sec. 557. Enhancement of authorities in connec- or accession of individuals into Sec. 711. Improvement of administration of De- tion with Junior Reserve Officers’ the Armed Forces. fense Health Agency and military Sec. 595. National Commission on Military, Na- Training Corps programs. medical treatment facilities. tional, and Public Service matters. Subtitle F—Defense Dependents’ Education and Sec. 712. Organizational framework of the mili- Sec. 596. Burial of unclaimed remains of in- Military Family Readiness Matters tary healthcare system to support mates at the United States Dis- medical requirements of the com- PART I—DEFENSE DEPENDENTS’ EDUCATION ciplinary Barracks Cemetery, Fort batant commands. MATTERS Leavenworth, Kansas. Sec. 561. Continuation of authority to assist Sec. 597. Space-available travel on Department Sec. 713. Streamlining of TRICARE Prime bene- local educational agencies that of Defense aircraft for veterans ficiary referral process. benefit dependents of members of with service-connected disabilities Sec. 714. Sharing of information with State pre- the Armed Forces and Department rated as total. scription drug monitoring pro- grams. of Defense civilian employees. TITLE VI—COMPENSATION AND OTHER Sec. 715. Improvement of reimbursement by De- Sec. 562. Impact aid for children with severe PERSONNEL BENEFITS disabilities. partment of Defense of entities Subtitle A—Pay and Allowances Sec. 563. Department of Defense Education Ac- carrying out State vaccination tivity policies and procedures on Sec. 601. Fiscal year 2019 increase in military programs in connection with vac- sexual harassment of students of basic pay. cines provided to covered bene- Activity schools. Sec. 602. Repeal of authority for payment of ficiaries under the TRICARE Pro- personal money allowances to gram. PART II—MILITARY FAMILY READINESS Navy officers serving in certain Subtitle C—Reports and Other Matters MATTERS positions. Sec. 566. Improvement of authority to conduct Sec. 603. Department of Defense proposal for a Sec. 721. Extension of authority for Joint De- family support programs for im- pay table for members of the partment of Defense-Department mediate family members of the Armed Forces using steps in grade of Veterans Affairs Medical Facil- Armed Forces assigned to special based on time in grade rather ity Demonstration Fund. operations forces. than time in service. Sec. 722. Increase in number of appointed mem- Sec. 567. Expansion of period of availability of Sec. 604. Financial support for lessors under bers of the Henry M. Jackson Military OneSource program for the Military Housing Privatiza- Foundation for the Advancement retired and discharged members of tion Initiative during 2019. of Military Medicine. the Armed Forces and their imme- Sec. 605. Modification of authority of President Sec. 723. Cessation of requirement for mental diate families. to determine alternative pay ad- health assessment of members Sec. 568. Expansion of authority for non- justment in annual basic pay of after redeployment from a contin- competitive appointments of mili- members of the uniformed serv- gency operation upon discharge tary spouses by Federal agencies. ices. or release from the Armed Forces.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 S4062 CONGRESSIONAL RECORD — SENATE June 19, 2018 Sec. 724. Pilot program on earning by special Sec. 843. Exchange program for acquisition Sec. 909. Technical corrections to Department operations forces medics of credits workforce employees. of Defense Test Resource Manage- towards a physician assistant de- Subtitle E—Provisions Relating to Commercial ment Center authority. gree. Items Subtitle B—Organization and Management of Sec. 725. Pilot program on partnerships with ci- Sec. 851. Report on commercial item procure- Other Department of Defense Offices and Ele- vilian organizations for special- ment reform. ments ized medical training. Subtitle F—Industrial Base Matters Sec. 921. Modification of certain responsibilities Sec. 726. Registry of individuals exposed to per- Sec. 861. National technology and industrial of the Chairman of the Joint and polyfluoroalkyl substances on Chiefs of Staff relating to joint military installations. base application process. Sec. 862. Report on defense electronics indus- force concept development. Sec. 727. Inclusion of gambling disorder in Sec. 922. Assistant Secretary of Defense for Spe- health assessments for members of trial base. Sec. 863. Support for defense manufacturing cial Operations and Low-Inten- the Armed Forces and related re- communities to support the de- sity Conflict review of United search efforts. fense industrial base. States Special Operations Com- Sec. 728. Comptroller General review of Defense mand. Health Agency oversight of Subtitle G—Other Transactions Sec. 923. Qualifications for appointment as TRICARE managed care support Sec. 871. Change to notification requirement for Deputy Chief Management Offi- contractors. other transactions. cer of a military department. TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 872. Data and policy on the use of other Sec. 924. Expansion of principal duties of As- SITION MANAGEMENT, AND RELATED transactions. sistant Secretary of the Navy for MATTERS Subtitle H—Development and Acquisition of Research, Development, and Ac- Software Intensive and Digital Products and Subtitle A—Acquisition Policy and Management quisition. Services Sec. 925. Cross-functional teams in the Depart- Sec. 801. Permanent Supply Chain Risk Man- Sec. 881. Clarifications regarding proprietary ment of Defense. agement Authority. and technical data. Sec. 926. Deadline for completion of full imple- Sec. 802. Commercially available market re- Sec. 882. Implementation of recommendations of mentation of requirements in con- search. the final report of the Defense nection with organization of the Sec. 803. Comptroller General assessment of ac- Science Board Task Force on the Department of Defense for man- quisition programs and related Design and Acquisition of Soft- agement of special operations initiatives. ware for Defense Systems. forces and special operations. Subtitle B—Amendments to General Contracting Sec. 883. Implementation of pilot program to use Subtitle C—Organization and Management of Authorities, Procedures, and Limitations agile or iterative development the Department of Defense Generally Sec. 811. Department of Defense contracting methods required under section Sec. 931. Limitation on availability of funds for dispute matters. 873 of the National Defense Au- major headquarters activities of Sec. 812. Continuation of technical data rights thorization Act for Fiscal Year the Department of Defense. during challenges. 2018. Sec. 932. Responsibility for policy on civilian Sec. 813. Increased micro-purchase threshold. Sec. 884. Enabling and other activities of the casualty matters. Sec. 814. Modification of limitations on single Cloud Executive Steering Group. Sec. 933. Additional matters in connection with source task or delivery order con- Subtitle I—Other Matters background and security inves- tracts. Sec. 891. Prohibition on certain telecommuni- tigations for Department of De- Sec. 815. Preliminary cost analysis requirement cations services or equipment. fense personnel. for exercise of multiyear contract Sec. 892. Limitation on use of funds pending Sec. 934. Program of expedited security clear- authority. submittal of report on Army Mar- ances for mission-critical posi- Sec. 816. Inclusion of best available information keting and Advertising Program. tions. regarding past performance of Sec. 893. Permanent SBIR and STTR authority Sec. 935. Information sharing program for posi- subcontractors and joint venture for the Department of Defense. tions of trust. Sec. 936. Report on clearance in person concept. partners. Sec. 894. Procurement of telecommunications Sec. 937. Strategic Defense Fellows Program. Sec. 817. Modification of criteria for waivers of supplies for experimental pur- requirement for certified cost and poses. Subtitle D—Other Matters price data. Sec. 895. Access by developmental and oper- Sec. 941. Analysis of Department of Defense Sec. 818. Subcontracting price and approved ational testing activities to data business management and oper- purchasing systems. regarding modeling and simula- ations datasets to promote savings Sec. 819. Comptroller General of the United tion activity. and efficiencies. States report on progress payment TITLE IX—DEPARTMENT OF DEFENSE Sec. 942. Research and development to advance financing of Department of De- ORGANIZATION AND MANAGEMENT capabilities of the Department of fense contracts. Defense in data integration and Subtitle A—Office of the Secretary of Defense advanced analytics in connection Sec. 820. Authorization to limit foreign access to and Related Matters technology through contracts. with personnel security. Sec. 901. Powers and duties of the Under Sec- TITLE X—GENERAL PROVISIONS Sec. 821. Briefing requirement on services con- retary of Defense for Research tracts. and Engineering in connection Subtitle A—Financial Matters Sec. 822. Sense of Congress on awarding of con- with priority emerging tech- Sec. 1001. General transfer authority. tracts to responsible companies nologies. Sec. 1002. Inclusion of funds for Air Force pass- that primarily employ American Sec. 902. Redesignation and modification of re- through items in Defense-wide workers and do not actively sponsibilities of Under Secretary budget for the Department of De- transfer American jobs to poten- of Defense for Personnel and fense. tial adversaries. Readiness. Sec. 1003. Report on shift in requests for funds Subtitle C—Provisions Relating to Major Sec. 903. Modification of responsibilities of the for Department of Defense activi- Defense Acquisition Programs Under Secretary of Defense for ties from funds for overseas con- tingency operations to funds Sec. 831. Program cost, fielding, and perform- Policy. Sec. 904. Report on allocation of former respon- through the base budget. ance goals in planning major ac- Sec. 1004. Ranking of auditability of financial quisition programs. sibilities of the Under Secretary of Defense for Acquisition, Tech- statements of the organizations Sec. 832. Implementation of recommendations of and elements of the Department of the Independent Study on Consid- nology, and Logistics. Sec. 905. Assistant Secretary of Defense for Defense. eration of Sustainment in Weap- Sec. 1005. Transparency of accounting firms ons Systems Life Cycle. Strategy, Plans, Assessments, Readiness, and Capabilities. used to support Department of Sec. 833. Pilot program to accelerate major Defense audit. weapons system programs. Sec. 906. Clarification of responsibilities and duties of the Chief Information Subtitle B—Naval Vessels and Shipyards Subtitle D—Provisions Relating to Acquisition Officer of the Department of De- Sec. 1011. Date of listing of vessels as battle Workforce fense. force ships in the Naval Vessel Sec. 841. Permanent authority for demonstra- Sec. 907. Specification of certain duties of the Register and other fleet inventory tion projects relating to acquisi- Defense Technical Information measures. tion personnel management poli- Center. Sec. 1012. Annual reports on examination of cies and procedures. Sec. 908. Limitation on termination of, and Navy vessels. Sec. 842. Establishment of integrated review transfer of functions, responsibil- Sec. 1013. Limitation on duration of home- team on defense acquisition in- ities, and activities of, the Stra- porting of certain vessels in for- dustry-government exchange. tegic Capabilities Office. eign locations.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4063 Sec. 1014. Specific authorization requirement Sec. 1049. Repeal of certain Department of De- TITLE XII—MATTERS RELATING TO for nuclear refueling of aircraft fense reporting requirements that FOREIGN NATIONS carriers. otherwise terminate as of Decem- Subtitle A—Assistance and Training Sec. 1015. Dismantlement and disposal of nu- ber 31, 2021. Sec. 1201. Clarification of authority for use of clear-powered aircraft carriers. Sec. 1050. Report on potential improvements to advisors and trainers for training Sec. 1016. National Defense Sealift Fund. certain military educational insti- of personnel of foreign ministries Sec. 1017. Limitation on use of funds for retire- tutions of the Department of De- with security missions under de- ment of hospital ships. fense. fense institution capacity building Subtitle C—Counterterrorism Sec. 1051. Recruiting costs of the Armed Forces. authorities. Sec. 1021. Extension of prohibition on use of Sec. 1202. Modification to Department of De- Subtitle F—Other Matters funds for transfer or release of in- fense State Partnership Program. dividuals detained at United Sec. 1061. Authority to transfer funds for Bien Sec. 1203. Expansion of Regional Defense Com- States Naval Station, Guanta- Hoa dioxin cleanup. bating Terrorism Fellowship Pro- namo Bay, Cuba, to the United Sec. 1062. Improvement of database on emer- gram to include irregular warfare. States. gency response capabilities. Sec. 1204. Extension and modification of au- Sec. 1022. Extension of prohibition on use of thority to support border security Sec. 1063. Acceptance and distribution by De- funds to construct or modify fa- operations of certain foreign partment of Defense of assistance cilities in the United States to countries. house detainees transferred from from certain nonprofit entities in Sec. 1205. Legal and policy review of advise, as- United States Naval Station, support of missions of deployed sist, and accompany missions. Guantanamo Bay, Cuba. United States personnel around Sec. 1206. Technical corrections relating to de- Sec. 1023. Extension of prohibition on use of the world. fense security cooperation statu- funds for transfer or release of in- Sec. 1064. United States policy with respect to tory reorganization. dividuals detained at United freedom of navigation and over- Sec. 1207. Naval Small Craft Instruction and States Naval Station, Guanta- flight. Technical Training School. namo Bay, Cuba, to certain coun- Sec. 1065. Prohibition of funds for Chinese lan- Subtitle B—Matters Relating to Afghanistan tries. guage instruction provided by a and Pakistan Sec. 1024. Extension of prohibition on use of Confucius Institute. Sec. 1211. Afghanistan Security Forces Fund. funds to close or relinquish con- Sec. 1212. Extension and modification of au- trol of United States Naval Sta- TITLE XI—CIVILIAN PERSONNEL MATTERS thority for reimbursement of cer- tion, Guantanamo Bay, Cuba. Subtitle A—Department of Defense Matters tain coalition nations for support Sec. 1025. Authority to transfer individuals de- provided to United States military tained at United States Naval Sec. 1101. Inapplicability of certification of ex- operations. Station, Guantanamo Bay, Cuba, ecutive qualifications by quali- Sec. 1213. Extension of authority to transfer de- to the United States temporarily fication review boards of Office of fense articles and provide defense for emergency or critical medical Personnel Management for initial services to the military and secu- treatment. appointments to Senior Executive Service positions in Department of rity forces of Afghanistan. Subtitle D—Miscellaneous Authorities and Defense. Sec. 1214. Modification of reporting require- Limitations Sec. 1102. Direct hire authority for science and ments for special immigrant visas Sec. 1031. Strategic guidance documents within technology reinvention labora- for Afghan allies program. the Department of Defense. tories and Major Range and Test Subtitle C—Matters Relating to Syria, Iraq, and Sec. 1032. Guidance on the electronic warfare Facilities Base facilities for recent Iran mission area and joint electro- science, technology, engineering, Sec. 1221. Extension of authority to provide as- magnetic spectrum operations. and mathematics graduates of mi- sistance to counter the Islamic Sec. 1033. Limitation on use of funds for United nority-serving institutions. State of Iraq and Syria. States Special Operations Com- Sec. 1222. Extension and modification of au- mand Global Messaging and Sec. 1103. Inclusion of Strategic Capabilities Of- thority to provide assistance to Counter-Messaging platform. fice and Defense Innovation Unit the vetted Syrian opposition. Sec. 1034. Sense of Congress on the basing of Experimental of the Department Sec. 1223. Extension and modification of au- KC–46A aircraft outside the conti- of Defense in personnel manage- thority to support operations and nental United States. ment authority to attract experts activities of the Office of Security Sec. 1035. Relinquishment of legislative jurisdic- in science and engineering. Cooperation in Iraq. tion of criminal offenses com- Sec. 1104. Enhancement of flexible management Sec. 1224. Syria Study Group. mitted by juveniles on military in- authorities for Science and Tech- Sec. 1225. Modification of annual report on stallations. nology Reinvention Laboratories military power of Iran. Sec. 1036. Policy on response to juvenile-on-ju- of the Department of Defense. Subtitle D—Matters Relating to Europe and the venile abuse committed on mili- Sec. 1105. Inclusion of Office of Secretary of Russian Federation tary installations. Defense among components of the Subtitle E—Studies and Reports Department of Defense covered by Sec. 1231. Extension of limitation on military cooperation between the United Sec. 1041. Report on highest-priority roles and direct hire authority for financial States and the Russian Federa- missions of the Department of De- management experts. tion. fense and the Armed Forces. Sec. 1106. Authority to employ civilian faculty Sec. 1232. Limitation on availability of funds Sec. 1042. Annual reports by the Armed Forces members at the Joint Special Op- relating to sovereignty of the Rus- on Out-Year Unconstrained Total erations University. sian Federation over Crimea. Munitions Requirements and Out- Subtitle B—Government-Wide Matters Sec. 1233. Extension of Ukraine Security Assist- Year inventory numbers. ance Initiative. Sec. 1043. Comprehensive review of operational Sec. 1121. Alcohol testing of civil service mari- Sec. 1234. Sense of Senate on relocation of Joint and administrative chains-of-com- ners of the Military Sealift Com- Intelligence Analysis Complex. mand and functions of the De- mand assigned to vessels. Sec. 1235. Sense of Senate on enhancing deter- partment of the Navy. Sec. 1122. Expedited hiring authority for college rence against Russian aggression Sec. 1044. Military aviation readiness review in graduates and post secondary stu- in Europe. support of the National Defense dents. Sec. 1236. Technical amendments related to Strategy. Sec. 1123. Increase in maximum amount of vol- NATO Support and Procurement Sec. 1045. Report on capabilities and capacities untary separation incentive pay Organization and related NATO of Armored Brigade Combat authorized for civilian employees. agreements. Teams. Sec. 1237. Report on security cooperation be- Sec. 1046. Improvement of annual report on ci- Sec. 1124. One-year extension of temporary au- tween the Russian Federation and vilian casualties in connection thority to grant allowances, bene- Cuba, Nicaragua, and Venezuela. with United States military oper- fits, and gratuities to civilian per- Sec. 1238. Sense of Senate on countering Rus- ations. sonnel on official duty in a com- sian malign influence. Sec. 1047. Report on Department of Defense bat zone. participation in Export Adminis- Sec. 1125. One-year extension of authority to Subtitle E—Matters Relating to the Indo-Pacific tration Regulations license appli- waive annual limitation on pre- Region cation review process. mium pay and aggregate limita- Sec. 1241. Redesignation, expansion, and exten- Sec. 1048. Automatic sunset for future statutory tion on pay for Federal civilian sion of Southeast Asia Maritime reporting requirements. employees working overseas. Security Initiative.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 S4064 CONGRESSIONAL RECORD — SENATE June 19, 2018 Sec. 1242. Modification of annual report on Subtitle B—National Defense Stockpile Sec. 1622. Affirming the authority of the Sec- military and security develop- Sec. 1411. Consolidation of reporting require- retary of Defense to conduct mili- ments involving the People’s Re- ments under the Strategic and tary activities and operations in public of China. Critical Materials Stock Piling cyberspace. Sec. 1243. Sense of Senate on Taiwan. Act. Sec. 1623. Active defense and surveillance Sec. 1244. Redesignation and modification of against Russian Federation at- Subtitle C—Armed Forces Retirement Home sense of Congress and initiative tacks in cyberspace. for the Indo-Asia-Pacific region. Sec. 1421. Authorization of appropriations for Sec. 1624. Reorganization and consolidation of Sec. 1245. Prohibition on participation of the Armed Forces Retirement Home. certain cyber provisions. People’s Republic of China in Rim Sec. 1422. Expansion of eligibility for residence Sec. 1625. Designation of official for matters re- of the Pacific (RIMPAC) naval at the Armed Forces Retirement lating to integrating cybersecurity exercises. Home. and industrial control systems Sec. 1246. Assessment of and report on geo- Sec. 1423. Oversight of health care provided to within the Department of De- political conditions in the Indo- residents of the Armed Forces Re- fense. Pacific region. tirement Home. Sec. 1626. Assistance for small manufacturers in Sec. 1247. Sense of Senate on United States- Sec. 1424. Modification of authority on accept- the defense industrial supply India defense relationship. ance of gifts for the Armed Forces chain on matters relating to cy- Sec. 1248. Sense of Senate on strategic impor- Retirement Home. bersecurity. tance of maintaining commitments Sec. 1425. Relief for residents of the Armed Sec. 1627. Modification of acquisition authority under Compacts of Free Associa- Forces Retirement Home impacted of the Commander of the United tion. by increase in fees. States Cyber Command. Sec. 1249. Sense of Senate on United States mili- Sec. 1426. Limitation on applicability of fee in- Sec. 1628. Email and Internet website security tary forces on the Korean Penin- crease for residents of the Armed and authentication. sula. Forces Retirement Home. Sec. 1629. Matters pertaining to the Sharkseer Subtitle F—Reports Subtitle D—Other Matters cybersecurity program. Sec. 1251. Report on military and coercive ac- Sec. 1431. Authority for transfer of funds to Sec. 1630. Pilot program on modeling and sim- tivities of the People’s Republic of joint Department of Defense-De- ulation in support of military China in South China Sea. partment of Veterans Affairs homeland defense operations in Sec. 1252. Report on terrorist use of human Medical Facility Demonstration connection with cyber attacks on shields. Fund for Captain James A. Lovell critical infrastructure. Sec. 1253. Report on Arctic strategies. Health Care Center, Illinois. Sec. 1631. Security product integration frame- Sec. 1254. Report on permanent stationing of Sec. 1432. Economical and efficient operation of work. United States forces in the Repub- working capital fund activities. Sec. 1632. Report on enhancement of software security for critical systems. lic of Poland. TITLE XV—AUTHORIZATION OF ADDI- Sec. 1633. Comply to connect and cybersecurity Sec. 1254A. Ineffectiveness of section 937. TIONAL APPROPRIATIONS FOR OVER- scorecard. Sec. 1254B. John S. McCain Strategic Defense SEAS CONTINGENCY OPERATIONS Sec. 1634. Cyberspace Solarium Commission. Fellows Program. Subtitle A—Authorizations of Appropriations Sec. 1255. Reports on nuclear capabilities of the Sec. 1635. Program to establish cyber institutes Democratic People’s Republic of Sec. 1501. Purpose. at institutions of higher learning. Korea. Sec. 1502. Overseas contingency operations. Sec. 1636. Establishment of Cybersecurity for Sec. 1256. Report on United States military Sec. 1503. Procurement. Defense Industrial Base Manu- Sec. 1504. Research, development, test, and training opportunities with allies facturing Activity. evaluation. and partners in the Indo-Pacific PART II—MITIGATION OF RISKS POSED BY PRO- Sec. 1505. Operation and maintenance. region. VIDERS OF INFORMATION TECHNOLOGY WITH Sec. 1506. Military personnel. OBLIGATIONS TO FOREIGN GOVERNMENTS Subtitle G—Other Matters Sec. 1507. Working capital funds. Sec. 1261. Modification of authorities relating Sec. 1508. Drug Interdiction and Counter-Drug Sec. 1637. Definitions. Sec. 1638. Identification of countries of concern to acquisition and cross-servicing Activities, Defense-wide. regarding cybersecurity. agreements. Sec. 1509. Defense Inspector General. Sec. 1639. Mitigation of risks to national secu- Sec. 1262. Extension of authority for transfer of Sec. 1510. Defense Health Program. rity posed by providers of infor- amounts for Global Engagement Subtitle B—Financial Matters Center. mation technology products and Sec. 1521. Treatment as additional authoriza- Sec. 1263. Sense of Senate on purchase by Tur- services who have obligations to tions. key of S–400 air defense system. foreign governments. Sec. 1522. Special transfer authority. Sec. 1264. Department of Defense support for Sec. 1640. Establishment of registry of disclo- stabilization activities in national Subtitle C—Other Matters sures. security interest of the United Sec. 1531. Joint Improvised-Threat Defeat Orga- Subtitle D—Nuclear Forces States. nization. Sec. 1641. Oversight and management of the Sec. 1265. Enhancement of U.S.-Israel defense TITLE XVI—STRATEGIC PROGRAMS, command, control, and commu- cooperation. CYBER, AND INTELLIGENCE MATTERS nications system for the national Sec. 1266. Certifications regarding actions by Subtitle A—Space Activities leadership of the United States. Saudi Arabia in Yemen. Sec. 1642. Modification to requirement for con- Sec. 1267. Sense of Senate on support for G5 Sec. 1601. Modifications to Space Rapid Capa- ventional long-range standoff Sahel Joint Force countries. bilities Office. weapon. Sec. 1268. Sense of Congress on broadening and Sec. 1602. Space warfighting policy and review Sec. 1643. Exchange program for nuclear weap- expanding strategic partnerships of space capabilities. ons program employees. and allies. Sec. 1603. Report on enhancements to the Glob- Sec. 1644. Procurement authority for certain Sec. 1269. Removal of Turkey from the F–35 al Positioning System Operational parts of intercontinental ballistic program. Control Segment. missile fuzes. Sec. 1270. Increase in minimum amount of obli- Sec. 1604. Streamline of commercial space Sec. 1645. Plan to train officers in nuclear com- gations from the Special Defense launch operations. mand, control, and communica- Acquisition Fund for precision Sec. 1605. Reusable launch vehicles. tions. guided munitions. Sec. 1606. Review of and report on activities of Sec. 1646. Plan for alignment of acquisition of TITLE XIII—COOPERATIVE THREAT International Space Station. warhead life extension programs REDUCTION Subtitle B—Defense Intelligence and and delivery vehicles for such Sec. 1301. Specification of Cooperative Threat Intelligence-related Activities warheads. Reduction funds. Sec. 1611. Framework on governance, mission Sec. 1647. Extension of annual report on plan Sec. 1302. Funding allocations. management, resourcing, and ef- for the nuclear weapons stockpile, nuclear weapons complex, nuclear TITLE XIV—OTHER AUTHORIZATIONS fective oversight of Department of Defense combat support agencies weapons delivery systems, and Subtitle A—Military Programs that are also elements of the intel- nuclear weapons command and Sec. 1401. Working capital funds. ligence community. control system. Sec. 1402. Chemical Agents and Munitions De- Sec. 1648. Prohibition on use of funds for activi- Subtitle C—Cyberspace-related Matters struction, Defense. ties to modify United States air- Sec. 1403. Drug Interdiction and Counter-Drug PART I—CYBERSPACE GENERALLY craft to implement Open Skies Activities, Defense-wide. Sec. 1621. Policy of the United States on cyber- Treaty. Sec. 1404. Defense Inspector General. space, cybersecurity, cyber war- Sec. 1649. Sense of Senate on Nuclear Posture Sec. 1405. Defense Health Program. fare, and cyber deterrence. Review.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4065 Subtitle E—Missile Defense Programs Sec. 1723. Centralization of certain Committee Sec. 2403. Authorization of appropriations, de- Sec. 1651. Extension of prohibition relating to functions. fense agencies. missile defense information and Sec. 1724. Conforming amendments. Sec. 2404. Extension of authorizations of cer- systems. Sec. 1725. Requirements to identify and control tain fiscal year 2015 projects. Sec. 1652. Multiyear procurement authority for the export of emerging and Sec. 2405. Authorization of certain fiscal year Standard Missile–3 IB guided mis- foundational technologies. 2018 project. Sec. 1726. Export control enforcement author- siles. TITLE XXV—INTERNATIONAL PROGRAMS Sec. 1653. Extension of requirement for reports ity. on unfunded priorities of Missile Sec. 1727. Prohibition on modification of civil Subtitle A—North Atlantic Treaty Organization Defense Agency. penalties under export control Security Investment Program Sec. 1654. Iron Dome short-range rocket defense and sanctions laws. Sec. 2501. Authorized NATO construction and system and Israeli cooperative Sec. 1728. Under Secretary of Commerce for In- land acquisition projects. missile defense program co-devel- dustry and Security. Sec. 2502. Authorization of appropriations, opment and co-production. Sec. 1729. Limitation on cancellation of des- NATO. ignation of Secretary of the Air Sec. 1655. Metrics for evaluating effectiveness of Subtitle B—Host Country In-kind Contributions integrated Ballistic Missile De- Force as Department of Defense fense System against operation- Executive Agent for a certain De- Sec. 2511. Republic of Korea funded construc- ally realistic ballistic missile at- fense Production Act program. tion projects. tacks. Sec. 1730. Review of and report on certain de- TITLE XXVI—GUARD AND RESERVE Sec. 1656. Modification of requirement relating fense technologies critical to the FORCES FACILITIES to transition of ballistic missile United States maintaining supe- rior military capabilities. Subtitle A—Project Authorizations and defense programs to military de- Authorization of Appropriations partments. Sec. 1731. Briefing on information from trans- Sec. 1657. Sense of the Senate on acceleration of actions reviewed by Committee on Sec. 2601. Authorized Army National Guard missile defense capabilities. Foreign Investment in the United construction and land acquisition Sec. 1658. Integrated air and missile defense for States relating to foreign efforts to projects. evolving theater missile threats. influence democratic institutions Sec. 2602. Authorized Army Reserve construc- Sec. 1659. Acceleration of hypersonic missile de- and processes. tion and land acquisition projects. fense program. Sec. 1732. Effective date. Sec. 2603. Authorized Navy Reserve and Marine Sec. 1660. Sense of the Senate on allied partner- Sec. 1733. Severability. Corps Reserve construction and ships for missile defense. DIVISION B—MILITARY CONSTRUCTION land acquisition projects. Sec. 1660A. Sense of the Senate on results of AUTHORIZATIONS Sec. 2604. Authorized Air National Guard con- tests carried out by Missile De- Sec. 2001. Short title. struction and land acquisition fense Agency. Sec. 2002. Expiration of authorizations and projects. Sec. 1660B. Sense of the Senate on discrimina- amounts required to be specified Sec. 2605. Authorized Air Force Reserve con- tion for missile defense. by law. struction and land acquisition Sec. 1660C. Development and deployment of Sec. 2003. Effective date. projects. persistent space-based sensor ar- TITLE XXI—ARMY MILITARY Sec. 2606. Authorization of appropriations, Na- chitecture. CONSTRUCTION tional Guard and Reserve. Sec. 1660D. Modification of requirement to de- Sec. 2101. Authorized Army construction and Subtitle B—Other Matters velop a space-based ballistic mis- land acquisition projects. sile intercept layer. Sec. 2611. Modification of authority to carry Sec. 2102. Family housing. Subtitle F—Other Matters out certain fiscal year 2016 Sec. 2103. Authorization of appropriations, project. Sec. 1661. Assessment of electronic warfare ca- Army. Sec. 2612. Modification of authority to carry pabilities of Russia and China. Sec. 2104. Extension of authorizations of cer- out certain fiscal year 2018 Sec. 1662. Budget exhibit on support provided to tain fiscal year 2015 projects. project. entities outside Department of De- Sec. 2105. Extension of authorizations of cer- Sec. 2613. Additional authority to carry out cer- fense. tain fiscal year 2016 project. tain fiscal year 2019 project. Sec. 1663. Development of Electromagnetic Bat- TITLE XXII—NAVY MILITARY tle Management capability for CONSTRUCTION TITLE XXVII—BASE REALIGNMENT AND joint electromagnetic operations. CLOSURE ACTIVITIES Sec. 2201. Authorized Navy construction and TITLE XVII—COMMITTEE ON FOREIGN land acquisition projects. Sec. 2701. Authorization of appropriations for INVESTMENT IN THE UNITED STATES Sec. 2202. Family housing. base realignment and closure ac- Sec. 1701. Short title. Sec. 2203. Improvements to military family tivities funded through Depart- Sec. 1702. Sense of Congress. housing units. ment of Defense Base Closure Ac- Sec. 1703. Definitions. Sec. 2204. Authorization of appropriations, count. Sec. 1704. Acceptance of written notices. Navy. Sec. 2702. Prohibition on conducting additional base realignment and closure Sec. 1705. Inclusion of partnership and side TITLE XXIII—AIR FORCE MILITARY (BRAC) round. agreements in notice. CONSTRUCTION Sec. 1706. Declarations for certain covered TITLE XXVIII—MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction transactions. AND GENERAL PROVISIONS and land acquisition projects. Sec. 1707. Stipulations regarding transactions. Sec. 2302. Family housing. Subtitle A—Military Construction Program and Sec. 1708. Authority for unilateral initiation of Sec. 2303. Improvements to military family Military Family Housing Changes reviews. housing units. Sec. 1709. Timing for reviews and investiga- Sec. 2801. Additional authority to obtain archi- Sec. 2304. Authorization of appropriations, Air tions. tectural and engineering services Force. Sec. 1710. Monitoring of non-notified and non- and construction design for de- Sec. 2305. Modification of authority to carry declared transactions. fense laboratory modernization out certain phased project author- Sec. 1711. Submission of certifications to Con- pilot program. ized in fiscal years 2015, 2016, and gress. Sec. 2802. Modification of contract authority 2017. Sec. 1712. Analysis by Director of National In- for acquisition, construction, or Sec. 2306. Modification of authority to carry telligence. furnishing of test facilities and out certain fiscal year 2017 Sec. 1713. Information sharing. equipment. project. Sec. 1714. Action by the President. Sec. 2803. Extension of temporary, limited au- Sec. 2307. Modification of authority to carry Sec. 1715. Judicial review. thority to use operation and out certain fiscal year 2018 Sec. 1716. Membership and staff of Committee. maintenance funds for construc- project. Sec. 1717. Actions by the Committee to address tion projects in certain areas out- Sec. 2308. Additional authority to carry out cer- national security risks. side the United States. tain fiscal year 2019 projects. Sec. 1718. Modification of annual report and Sec. 2804. Unspecified minor military construc- other reporting requirements. TITLE XXIV—DEFENSE AGENCIES tion projects related to revitaliza- Sec. 1719. Certification of notices and informa- MILITARY CONSTRUCTION tion and recapitalization of De- tion. Sec. 2401. Authorized defense agencies con- fense Industrial Base Facilities. Sec. 1720. Implementation plans. struction and land acquisition Sec. 2805. Congressional oversight of projects Sec. 1721. Assessment of need for additional re- projects. carried out pursuant to laws sources for Committee. Sec. 2402. Energy Resilience and Conservation other than Military Construction Sec. 1722. Funding. Investment Program. Authorization Acts.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 S4066 CONGRESSIONAL RECORD — SENATE June 19, 2018 Subtitle B—Project Management and Oversight Subtitle C—Plans and Reports TITLE LIII—OPERATION AND Reforms Sec. 3121. Modifications to cost-benefit analyses MAINTENANCE Sec. 2811. Updates and modifications to Depart- for competition of management Sec. 5301. Prioritization of environmental im- ment of Defense Form 1391, Uni- and operating contracts. pacts for Facilities Sustainment, fied Facilities Criteria, and mili- Sec. 3122. Review of defense environmental Restoration, and Modernization tary installation master plans. cleanup activities. demolition. Sec. 2812. Work in Process Curve charts and Sec. 3123. Survey of workforce of national secu- Sec. 5302. Core sampling at Joint Base San An- outlay tables for military con- rity laboratories and nuclear tonio, Texas. struction projects. weapons production facilities. Sec. 5303. Transportation to continental United Subtitle C—Land Conveyances Sec. 3124. Elimination of certain reports. States of retired military working Sec. 3125. Implementation of Nuclear Posture dogs outside the continental Sec. 2821. Land exchange, Air Force Plant 44, Review by National Nuclear Secu- United States that are suitable for Tucson, Arizona. rity Administration. adoption in the United States. Sec. 2822. Land conveyance, Eglin Air Force Sec. 5304. Additional element in report on cold Base, Florida. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD weather capabilities and readiness Subtitle D—Other Matters Sec. 3201. Authorization. of the United States Armed Sec. 2831. Commemoration of Freedman’s Vil- Forces. lage. TITLE XXXV—MARITIME Sec. 5305. Report on Air Force training range Sec. 2832. Strategic plan to improve capabilities ADMINISTRATION requirements to address fifth gen- of Department of Defense training Sec. 3501. Maritime Administration. eration threats. ranges and installations. Sec. 3502. Permanent authority of Secretary of Sec. 5306. Annual report on differences in ship Sec. 2833. Native American Indian lands envi- Transportation to issue vessel war repair contract and final delivery ronmental mitigation program. risk insurance. costs. Sec. 2834. Defense community infrastructure DIVISION D—FUNDING TABLES Sec. 5307. Report on Air Force airfield oper- pilot program. Sec. 4001. Authorization of amounts in funding ational requirements. Sec. 2835. Representation of installation inter- tables. TITLE LV—MILITARY PERSONNEL POLICY ests in negotiations and pro- Sec. 5501. Report on participation in the Tran- ceedings with carriers and other TITLE XLI—PROCUREMENT sition Assistance Program. public utilities. Sec. 4101. Procurement. Sec. 5502. Briefing on the status of the plan of Sec. 2836. White Sands Missile Range land en- Sec. 4102. Procurement for overseas contingency the Army to transition to new in- hancements. operations. secticide pretreatments on combat Sec. 2837. Authority to transfer funds for con- TITLE XLII—RESEARCH, DEVELOPMENT, uniforms. struction of Indian River Bridge. TEST, AND EVALUATION TITLE LVIII—ACQUISITION POLICY, AC- TITLE XXIX—OVERSEAS CONTINGENCY Sec. 4201. Research, development, test, and QUISITION MANAGEMENT, AND RE- OPERATIONS MILITARY CONSTRUCTION evaluation. LATED MATTERS Sec. 2901. Authorized Army construction and Sec. 4202. Research, development, test, and Sec. 5801. Instruction on pilot program regard- land acquisition projects. evaluation for overseas contin- ing employment of persons with Sec. 2902. Authorized Navy construction and gency operations. disabilities. land acquisition projects. TITLE XLIII—OPERATION AND Sec. 5802. Developing innovation and growing Sec. 2903. Authorized Air Force construction MAINTENANCE the Internet of Things. and land acquisition projects. Sec. 4301. Operation and maintenance. TITLE LIX—DEPARTMENT OF DEFENSE Sec. 2904. Authorized Defense Agencies con- Sec. 4302. Operation and maintenance for over- ORGANIZATION AND MANAGEMENT struction and land acquisition seas contingency operations. projects. Sec. 5901. Clarification of certain risk assess- TITLE XLIV—MILITARY PERSONNEL Sec. 2905. Authorization of appropriations. ment requirements of the Chair- Sec. 4401. Military personnel. DIVISION C—DEPARTMENT OF ENERGY man of the Joint Chiefs of Staff in Sec. 4402. Military personnel for overseas con- NATIONAL SECURITY AUTHORIZATIONS connection with the National tingency operations. AND OTHER AUTHORIZATIONS Military Strategy. TITLE XLV—OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY TITLE LX—GENERAL PROVISIONS NATIONAL SECURITY PROGRAMS Sec. 4501. Other authorizations. Sec. 6001. Business case analysis of Ready Re- Sec. 4502. Other authorizations for overseas Subtitle A—National Security Programs and serve Force recapitalization op- contingency operations. Authorizations tions. TITLE XLVI—MILITARY CONSTRUCTION Sec. 6002. Transfer of excess naval vessel to Sec. 3101. National Nuclear Security Adminis- Bahrain. tration. Sec. 4601. Military construction. Sec. 6003. Members of panel conducting review Sec. 3102. Defense environmental cleanup. Sec. 4602. Military construction for overseas of military aviation readiness in Sec. 3103. Other defense activities. contingency operations. support of the National Defense Sec. 3104. Nuclear energy. TITLE XLVII—DEPARTMENT OF ENERGY Strategy. NATIONAL SECURITY PROGRAMS Subtitle B—Program Authorizations, Sec. 6004. Study on phasing out open burn pits. Restrictions, and Limitations Sec. 4701. Department of Energy national secu- Sec. 6005. Airborne Hazards and Open Burn Pit Sec. 3111. Clarification of roles and authorities rity programs. Registry. of National Nuclear Security Ad- DIVISION E—ADDITIONAL PROVISIONS Sec. 6006. Improving small business loan pro- ministration. TITLE LI—PROCUREMENT grams for employee-owned busi- Sec. 3112. National Nuclear Security Adminis- ness concerns. Sec. 5101. Briefing on procurement plan for Ac- tration Personnel System. Sec. 6007. Comptroller General of the United quired Position Navigation and Sec. 3113. Amendments to the Atomic Energy States review of effect of other- Timing (APNT) solution. Act of 1954. than-honorable discharges on vet- Sec. 5102. Sense of Congress on KC–46A aerial Sec. 3114. Extension of enhanced procurement eran employment outcomes. refueling tanker emergent require- authority to manage supply chain Sec. 6008. Comptroller General study on avail- ments. risk. ability of long-term care options Sec. 5103. Additional element in the quarterly Sec. 3115. Pilot program on conduct by Depart- for veterans from Department of updates on the F–35 Joint Strike ment of Energy of background re- Veterans Affairs. Fighter program. views for access by certain indi- Sec. 6009. Sense of Congress relating to Soo viduals to national security lab- TITLE LII—RESEARCH, DEVELOPMENT, Locks, Sault Sainte Marie, Michi- oratories. TEST, AND EVALUATION gan. Sec. 3116. Extension of authority for acceptance Sec. 5201. Joint artificial intelligence research, TITLE LXI—CIVILIAN PERSONNEL of contributions for acceleration development, and transition ac- MATTERS of removal or security of fissile tivities. Sec. 6101. Department of Defense Cyber Schol- materials, radiological materials, Sec. 5202. Scope of competitive acquisition strat- arship Program scholarships and and related equipment at vulner- egy for the Bradley Fighting Ve- grants. able sites worldwide. hicle transmission replacement. Sec. 3117. Modification of limitation on develop- Sec. 5203. Pilot program to test machine-vision Subtitle LXII—Matters Relating to Foreign ment of low-yield nuclear weap- technologies to determine the au- Nations ons. thenticity and security of micro- Sec. 6201. Coordination of efforts to negotiate Sec. 3118. Prohibition on use of funds for termi- electronic parts in weapon sys- free trade agreements with certain nating activities at MOX facility. tems. sub-Saharan African countries.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4067

Sec. 6202. Treatment of Rwandan Patriotic Sec. 7516. Navigation system study and report. (e) FUNDING.—Of the amount authorized to be Front and Rwandan Patriotic Sec. 7517. Miscellaneous. appropriated for fiscal year 2019 by section 101 Army under Immigration and Na- Sec. 7518. Superior National Forest Land Ex- and available for the Army for procurement as tionality Act. change. specified in the funding table in section 4101, up Sec. 6203. Syrian war crimes accountability. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. to $500,000,000 may be available for the deploy- Sec. 6204. Clarification of limitation on the In this Act, the term ‘‘congressional defense ment of the interim capability required by sub- transfer of the F–35 to Turkey. committees’’ has the meaning given that term in section (b). Sec. 6205. Report on Honduras, Guatemala, and section 101(a)(16) of title 10, United States Code. Subtitle C—Navy Programs El Salvador. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY Sec. 6206. Report on arms embargo on Cyprus. The budgetary effects of this Act, for the pur- FOR F/A–18E/F SUPER HORNET AND TITLE LXVI—STRATEGIC PROGRAMS, poses of complying with the Statutory Pay-As- EA–18G AIRCRAFT PROGRAM. CYBER, AND INTELLIGENCE MATTERS You-Go Act of 2010, shall be determined by ref- (a) AUTHORITY FOR MULTIYEAR PROCURE- Sec. 6601. Technical corrections to certain erence to the latest statement titled ‘‘Budgetary MENT.—Subject to section 2306b of title 10, cyberspace matters. Effects of PAYGO Legislation’’ for this Act, United States Code, the Secretary of the Navy Sec. 6602. Tier 1 exercise of support to civil au- jointly submitted for printing in the Congres- may enter into one or more multiyear contracts, thorities for a cyber incident. sional Record by the Chairmen of the House and beginning with the fiscal year 2019 program Sec. 6603. Report on strengthening NATO cyber Senate Budget Committees, provided that such year, for the procurement of F/A–18E/F Super defense. statement has been submitted prior to the vote Hornet and potential EA–18G aircraft. Notwith- Sec. 6604. Briefing on cyber education and on passage in the House acting first on the con- standing subsection (k) of such section 2306b, training. ference report or amendment between the the Secretary of Defense may enter into a Sec. 6605. Report on development of long-range Houses. multiyear contract under this section for up to stand-off weapon. DIVISION A—DEPARTMENT OF DEFENSE three years. (b) AUTHORITY FOR ADVANCE PROCUREMENT.— TITLE LXVII—COMMITTEE ON FOREIGN AUTHORIZATIONS TITLE I—PROCUREMENT The Secretary of the Navy may enter into one or INVESTMENT IN THE UNITED STATES more contracts for advance procurement associ- Sec. 6701. Ineffectiveness of section 1727. Subtitle A—Authorization of Appropriations ated with the F/A–18E/F Super Hornet and po- Sec. 6702. Prohibition on modification of civil SEC. 101. AUTHORIZATION OF APPROPRIATIONS. tential EA–18G aircraft, including economic penalties under export control Funds are hereby authorized to be appro- order quantity, for which authorization to enter and sanctions laws and prohibi- priated for fiscal year 2019 for procurement for into a multiyear procurement contract is pro- tion on certain telecommuni- the Army, the Navy and the Marine Corps, the vided under subsection (a). cations equipment. Air Force, and Defense-wide activities, as speci- (c) COST ANALYSIS REQUIREMENT.—The Sec- TITLE LXXVIII—MILITARY CONSTRUC- fied in the funding table in section 4101. retary may not exercise the authority provided TION AND GENERAL PROVISIONS Subtitle B—Army Programs under subsection (a) or (b) until the Secretary of Sec. 6801. Clarification to include National SEC. 111. DEPLOYMENT BY THE ARMY OF AN IN- Defense submits to the congressional defense Guard installations in Readiness TERIM CRUISE MISSILE DEFENSE CA- committees the report and confirmation required and Environmental Protection In- PABILITY. under subparagraphs (A) and (B), respectively, tegration program. (a) CERTIFICATION OF NEED.—Not later than of section 2306b(i)(2) of title 10, United States Sec. 6802. Release of restrictions, University of 30 days after the date of the enactment of this Code. (d) CONDITION FOR OUT-YEAR CONTRACT PAY- California, San Diego. Act, the Secretary of Defense shall certify to the MENTS.—A contract entered into under sub- Sec. 6803. Plan to allow increased public access congressional defense committees whether de- section (a) shall provide that any obligation of to the National Naval Aviation ployment of an interim, fixed site cruise missile the United States to make a payment under the Museum and Barrancas National defense capability is necessary. contract for a fiscal year after fiscal year 2019 Cemetery, Naval Air Station Pen- (b) DEPLOYMENT REQUIRED.—The Army shall is subject to the availability of appropriations or sacola. deploy an interim, fixed site cruise missile de- fense capability, in anticipation of delivery to funds for that purpose for such later fiscal year. TITLE LXXXI—DEPARTMENT OF ENERGY the Army of the Indirect Fire Protection Capa- SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY NATIONAL SECURITY PROGRAMS bility (IFPC), by the deadlines as follows: FOR E–2D ADVANCED HAWKEYE Sec. 7101. Additional amounts for inertial con- (1) Two batteries by not later than September (AHE) AIRCRAFT PROGRAM. finement fusion and high yield 30, 2020. (a) AUTHORITY FOR MULTIYEAR PROCURE- program. (2) Two additional batteries by not later than MENT.—Subject to section 2306b of title 10, TITLE LXXXV—MARITIME September 30, 2023. United States Code, the Secretary of the Navy ADMINISTRATION (c) LOCATIONS OF DEPLOYMENT.—In deploying may enter into one or more multiyear contracts, the interim capability pursuant to subsection beginning with the fiscal year 2019 program Sec. 7501. Ineffectiveness of title XXXV. (b), the Secretary of Defense shall afford a pri- year, for the procurement of E–2D Advanced Sec. 7502. Authorization of the Maritime Ad- ority in locations for deployment to air bases Hawkeye (AHE) aircraft. Notwithstanding sub- ministration. and significant fixed site locations in Europe section (k) of such section 2306b, the Secretary Sec. 7503. Concurrent jurisdiction. and Asia for the purpose of the protection of of Defense may enter into a multiyear contract Sec. 7504. United States Merchant Marine such bases and locations against potential under this section for up to five years. Academy policy on sexual harass- cruise missile threats. (b) AUTHORITY FOR ADVANCE PROCUREMENT ment, dating violence, domestic vi- (d) ACHIEVEMENT OF DEPLOYMENT DEAD- AND ECONOMIC ORDER QUANTITY.—The Sec- olence, sexual assault, and stalk- LINES.—In order to meet the deadlines for de- retary may enter into one or more contracts for ing. ployment specified in subsection (b), the Army— advance procurement associated with the E–2D Sec. 7505. Report on implementation of rec- (1) shall deploy systems that require the least AHE (including economic order quantity) for ommendations for the United amount of development; and which authorization to enter into a multiyear States Merchant Marine Academy (2) may use a combination of— procurement contract is provided under sub- Sexual Assault Prevention and (A) procurement of non-developmental air and section (a). Response Program. missile defense systems currently in production (c) COST ANALYSIS REQUIREMENT.—The Sec- Sec. 7506. Report on the application of the Uni- to ensure rapid delivery of capability; retary may not exercise the authority provided form Code of Military Justice to (B) use of existing systems, components, and under subsection (a) or (b) until the Secretary of the United States Merchant Ma- capabilities already in the Joint Force inven- Defense submits to the congressional defense rine Academy. tory, including rockets and missiles as available; committees the report and confirmation required Sec. 7507. Electronic records on mariner avail- (C) operational information technology for under subparagraphs (A) and (B), respectively, ability to meet national security communication, detection, and fire control that of section 2306b(i)(2) of title 10, United States needs. is certified to work with existing joint informa- Code. Sec. 7508. Small shipyard grants. tion technology systems to ensure interoper- (d) CONDITION FOR OUT-YEAR CONTRACT PAY- Sec. 7509. Domestic ship recycling facilities. ability; MENTS.—A contract entered into under sub- Sec. 7510. Sea year on contracted vessels. (D) engagement and collaboration with section (a) shall provide that any obligation of Sec. 7511. GAO report on national maritime science and technology, engineering, testing, the United States to make a payment under the strategy. and acquisition organization and activities in contract for a fiscal year after fiscal year 2019 Sec. 7512. Department of Transportation In- the Department of Defense, including the De- is subject to the availability of appropriations spector General report on Title XI fense Innovation United Experimental, the Di- for that purpose for such later fiscal year. program. rector of Operational Test and Evaluation, the SEC. 123. EXTENSION OF LIMITATION ON USE OF Sec. 7513. Multi-year contracts. Defense Digital Service, the Strategic Capabili- SOLE-SOURCE SHIPBUILDING CON- Sec. 7514. Use of State Maritime Academy train- ties Office, and the Rapid Capabilities offices, to TRACTS FOR CERTAIN VESSELS. ing vessels. accelerate the development, testing, and deploy- Section 124 of the National Defense Author- Sec. 7515. Permanent authority of Secretary of ment of existing systems; and ization Act for Fiscal Year 2017 (Public Law Transportation to issue vessel war (E) institutional and operational basing to fa- 114–328), as amended by section 127 of the Na- risk insurance. cilitate rapid training and fielding. tional Defense Authorization Act for Fiscal

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4068 CONGRESSIONAL RECORD — SENATE June 19, 2018 Year 2018 (Public Law 115–91), is further amend- toral Combat Ship acquisition strategy in effect Force shall submit to the congressional defense ed by striking ‘‘or fiscal year 2018’’ and insert- as of the date of the certification; and committees a report on the long term moderniza- ing ‘‘, fiscal year 2018, or fiscal year 2019’’. (3) is necessary to maintain a full and open tion of the B–52H aircraft, including an esti- SEC. 124. PROHIBITION ON AVAILABILITY OF competition for the Guided Missile Frigate mated timeline and requirements as an inte- FUNDS FOR NAVY PORT WATER- (FFG(X)) with a single source award in fiscal grated aircraft system of— BORNE SECURITY BARRIERS. year 2020. (1) electronic warfare and defensive systems; (a) PROHIBITION.—Except as provided under (c) DEFINITION.—The term ‘‘revision five of (2) communications including secure jam re- subsection (b), none of the funds authorized to the Littoral Combat Ship acquisition strategy’’ sistant capability; be appropriated by this Act or otherwise made means the fifth revision of the Littoral Combat (3) radar replacement; available for the Department of Defense for fis- Ship acquisition strategy approved by the Under (4) engine replacement; cal year 2019 may be used for the procurement Secretary of Defense for Acquisition and (5) future weapons and targeting capability; of new Navy port waterborne security barriers. Sustainment on March 26, 2018. and (b) WAIVER.—The Secretary of the Navy may SEC. 127. NUCLEAR REFUELING OF AIRCRAFT (6) mission planning systems. waive the prohibition under subsection (a) not CARRIERS. SEC. 143. REPEAL OF FUNDING RESTRICTION FOR less than 30 days after submitting to the con- (a) AUTHORIZATION TO PROCURE NUCLEAR RE- EC–130H COMPASS CALL RECAPITAL- gressional defense committees— FUELING MATERIALS.—Pursuant to section 7314a IZATION PROGRAM AND REVIEW OF (1) a Navy requirements document that speci- of title 10, United States Code, as added by sec- PROGRAM ACCELERATION OPPORTU- fies Key Performance Parameters and Key Sys- tion 1014 of this Act, the Secretary of the Navy NITIES. tem Attributes for new Navy port waterborne se- may procure naval nuclear reactor power units (a) REPEAL.—Section 131 of the National De- curity barriers; and associated reactor components for the fol- fense Authorization Act for Fiscal Year 2017 (2) a certification that the level of capability lowing aircraft carriers: (Public Law 114–328; 130 Stat. 2037) is repealed. specified under paragraph (1) will meet or ex- (1) U.S.S. John C. Stennis (CVN–74). (b) PERIODIC REPORTS REQUIRED.— ceed that of legacy Navy port waterborne secu- (2) U.S.S. Harry S. Truman (CVN–75). (1) IN GENERAL.—Not later than December 30, rity barriers; (3) U.S.S. Ronald Reagan (CVN–76). 2018, June 30, 2019, and December 30, 2019, the (3) the acquisition strategy for the recapital- (4) U.S.S. George H.W. Bush (CVN–77). Secretary of the Air Force shall submit to the ization of legacy Navy port waterborne security (b) CONDITION FOR OUT-YEAR PAYMENTS.— congressional defense committees a series of up- barriers, which will meet or exceed the require- Any contract entered into under subsection (a) dated program status reports for the EC–130H ments specified under paragraph (1); and shall provide that any obligation of the United Compass Call Recapitalization Program. (4) a certification that any contract award or States to make a payment under the contract for (2) ELEMENTS.—The reports required under awards for new Navy port waterborne security a fiscal year after fiscal year 2019 is subject to paragraph (1) shall include— barriers will result from full and open competi- availability of appropriations for that purpose (A) a program status update describing tion to the maximum extent practicable. for that later fiscal year. progress in meeting current and future acquisi- SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY SEC. 128. LIMITATION ON FUNDING FOR AMPHIB- tion milestones; FOR STANDARD MISSILE-6. IOUS ASSAULT VEHICLE PRODUCT (B) a description of opportunities to accelerate (a) AUTHORITY FOR MULTIYEAR PROCURE- IMPROVEMENT PROGRAM. the program in fiscal years 2020 and 2021; MENT.—Subject to section 2306b of title 10, Not more than 75 percent of the funds author- (C) a description of long-lead items or other United States Code, the Secretary of the Navy ized by this Act or otherwise made available for block buy components that could reduce cost may enter into one or more multiyear contracts, the Marine Corps for fiscal year 2019 for the and lead to acceleration of the program; beginning with the fiscal year 2019 program Amphibious Assault Vehicle Product Improve- (D) funding requirements to carry out pro- year, for the procurement of up to 625 Standard ment Program (AAV PIP) may be obligated or gram acceleration in order to replace the legacy Missile-6 guided missiles. expended until the Secretary of Defense has EC–130H fleet as rapidly as possible; and (b) AUTHORITY FOR ADVANCE PROCUREMENT submitted to the congressional defense commit- (E) a description of how the EC–130H Compass AND ECONOMIC ORDER QUANTITY.—The Sec- tees— Call Recapitalization Program— retary may enter into one or more contracts for (1) the report required under subsection (b) of (i) meets the requirements of combatant com- advance procurement associated with the mis- section 1041; or manders; and siles (including economic order quantity) for (2) the information required under paragraph (ii) is more operationally effective and surviv- which authorization to enter into a multiyear (5) of such subsection. able than the existing EC–130H Compass Call procurement contract is provided under sub- Subtitle D—Air Force Programs aircraft platform. section (a). SEC. 141. PROHIBITION ON AVAILABILITY OF Subtitle E—Defense-wide, Joint, and (c) COST ANALYSIS REQUIREMENT.—The Sec- FUNDS FOR RETIREMENT OF E–8 Multiservice Matters retary may not exercise the authority provided JSTARS AIRCRAFT. under subsection (a) or (b) until the Secretary of (a) PROHIBITION ON AVAILABILITY OF FUNDS SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY FOR C–130J AIRCRAFT PROGRAM. Defense submits to the congressional defense FOR RETIREMENT.—Except as provided by sub- committees the report and confirmation required section (d), none of the funds authorized to be (a) AUTHORITY FOR MULTIYEAR PROCURE- under subparagraphs (A) and (B), respectively, appropriated by this Act or otherwise made MENT.—Subject to section 2306b of title 10, of section 2306b(i)(2) of title 10, United States available for fiscal year 2019 for the Air Force United States Code, the Secretary of the Air Code. may be obligated or expended to retire, or pre- Force may enter into one or more multiyear con- (d) CONDITION FOR OUT-YEAR CONTRACT PAY- pare to retire, any E–8 Joint Surveillance Target tracts, beginning with the fiscal year 2019 pro- MENTS.—A contract entered into under sub- Attack Radar System aircraft. gram year, for the procurement of C–130J air- section (a) shall provide that any obligation of (b) ADDITIONAL LIMITATION ON RETIREMENT.— craft and, acting as the executive agent for the the United States to make a payment under the (1) IN GENERAL.—In addition to the prohibi- Department of the Navy, for the procurement of contract for a fiscal year after fiscal year 2019 tion in subsection (a), the Secretary of the Air C–130J aircraft. is subject to the availability of appropriations Force may not retire, or prepare to retire, any (b) AUTHORITY FOR ADVANCE PROCUREMENT for that purpose for such later fiscal year. E–8C aircraft until the Under Secretary of De- AND ECONOMIC ORDER QUANTITY.—The Sec- retary of the Air Force may enter into one or SEC. 126. LIMITATION ON AVAILABILITY OF fense for Acquisition and Sustainment submits FUNDS FOR THE LITTORAL COMBAT to the congressional defense committees the cer- more contracts for advance procurement associ- SHIP. tification described under paragraph (2). ated with the C–130J aircraft, including eco- (a) LIMITATION.—None of the amounts au- (2) REQUIRED CERTIFICATION.—The certifi- nomic order quantity, for which authorization thorized to be appropriated by this Act or other- cation referred to in paragraph (1) is a certifi- to enter into a multiyear procurement contract wise made available for the Department of De- cation submitted by the Under Secretary of De- is provided under subsection (a). fense for fiscal year 2019 may be used to exceed fense for Acquisition and Sustainment to the (c) CONDITION FOR OUT-YEAR CONTRACT PAY- the total procurement quantity listed in revision congressional defense committees that the De- MENTS.—A contract entered into under sub- five of the Littoral Combat Ship acquisition partment of Defense’s plan for 21st Century section (a) shall provide that any obligation of strategy unless the Under Secretary of Defense Battle Management Command and Control, as the United States to make a payment under the for Acquisition and Sustainment submits to the briefed to the congressional defense committees contract for a fiscal year after fiscal year 2019 congressional defense committees the certifi- in March 2018, is progressing according to the is subject to the availability of appropriations cation described in subsection (b). schedule presented in March 2018. for that purpose for such later fiscal year. (b) CERTIFICATION.—The certification de- (c) EXCEPTION.—The prohibitions in sub- (d) TREATMENT OF FISCAL YEAR 2018 AIR- scribed in this subsection is a certification by sections (a) and (b) shall not apply to individual CRAFT.—The multiyear contract authority under the Under Secretary that awarding a contract E–8 Joint Surveillance Target Attack Radar Sys- subsection (a) includes C–130J aircraft for which for the procurement of a Littoral Combat Ship tem aircraft that the Secretary of the Air Force funds were appropriated for fiscal year 2018. that exceeds the total procurement quantity list- determines, on a case-by-case basis, to be non- SEC. 152. QUARTERLY UPDATES ON THE F–35 ed in revision five of the Littoral Combat Ship operational because of mishaps, other damage, JOINT STRIKE FIGHTER PROGRAM. acquisition strategy— or being uneconomical to repair. (a) IN GENERAL.—Beginning not later than (1) is in the national security interests of the SEC. 142. B–52H AIRCRAFT SYSTEM MODERNIZA- October 1, 2018, and on a quarterly basis there- United States; TION REPORT. after through October 1, 2024, the Under Sec- (2) will not result in exceeding the low-rate Not later than 180 days after the date of the retary of Defense for Acquisition and initial production quantity approved in the Lit- enactment of this Act, the Secretary of the Air Sustainment shall provide to the congressional

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4069 defense committees a briefing on the progress of ‘‘(1) The issuance of one or more broad agency (1) urgently needed— the F–35 Joint Strike Fighter program. announcements or the use of any other competi- (A) to react to a technological development of (b) ELEMENTS.—Each briefing under sub- tive or merit-based processes by the Department an adversary of the United States; or section (a) shall include, with respect to the F– of Defense for candidate proposals in support of (B) to respond to a significant and urgent 35 Joint Strike Fighter program, the following defense acquisition programs as described in emerging technology; and elements: subsection (a). (2) not receiving appropriate research funding (1) An overview of the program schedule. ‘‘(2) The review of candidate proposals by the or attention from the Department of Defense. (2) A description of each contract awarded Department of Defense and by each military de- (b) ELEMENTS.—The procedures prescribed under the program, including a description of partment and the merit-based selection of the under subsection (a) shall include the following: the type of contract and the status of the con- most promising cost-effective proposals for fund- (1) A process for streamlined communications tract. ing through contracts, cooperative agreements, between the Under Secretary, the Joint Chiefs of (3) An assessment of the status of the program and other transactions for the purposes of car- Staff, the commanders of the combatant com- with respect to— rying out the program. mands, the science and technology executives (A) modernization; ‘‘(3) The total amount of funding provided to within each military department, and the (B) modification; any project under the program from funding science and technology community, including— (C) testing; provided under subsection (d) shall not exceed (A) a process for the commanders of the com- (D) delivery; $3,000,000, unless the Secretary, or the Sec- batant commands and the Joint Chiefs of Staff (E) sustainment; and retary’s designee, approves a larger amount of to communicate their needs to the science and (F) program management. funding for the project. technology community; and (B) a process for the science and technology SEC. 153. AUTHORITY TO PROCURE ADDITIONAL ‘‘(4) No project shall receive more than a total POLAR-CLASS ICEBREAKERS. community to propose technologies that meet the of two years of funding under the program from Section 122 of the National Defense Author- needs communicated by the combatant com- funding provided under subsection (d), unless ization Act for Fiscal Year 2018 (Public Law mands and the Joint Chiefs of Staff. the Secretary, or the Secretary’s designee, ap- 115–91) is amended— (2) Procedures for the development of tech- proves funding for any additional year. (1) in the section heading, by striking ‘‘ nologies proposed pursuant to paragraph (1)(B), ICE- ‘‘(5) Mechanisms to facilitate transition of fol- BREAKER VESSEL’’ and inserting ‘‘AUTHORIZA- including— low-on or current projects carried out under the (A) a process for demonstrating performance TION TO PROCURE UP TO SIX POLAR-CLASS ICE- program into defense acquisition programs, ’’; of the proposed technologies on a short timeline; BREAKERS through the use of the authorities of section (2) by striking subsections (a) and (b); (B) a process for developing a development (3) by inserting before subsection (c) the fol- 2302e of this title or such other authorities as strategy for a technology, including integration lowing new subsection: may be appropriate to conduct further testing, into future budget years; and ‘‘(a) AUTHORITY TO PROCURE ICEBREAKERS.— low rate production, or full rate production of (C) a process for making investment deter- The Secretary of the department in which the technologies developed under the program. minations based on information obtained pursu- Coast Guard is operating may, in consultation ‘‘(6) Projects are selected using merit-based se- ant to subparagraphs (A) and (B). lection procedures and the selection of projects with the Secretary of the Navy, enter into a SEC. 213. ACTIVITIES ON IDENTIFICATION AND contract or contracts for the procurement of up is not subject to undue influence by Congress or DEVELOPMENT OF ENHANCED PER- to six polar-class icebreakers, including— other Federal agencies. SONAL PROTECTIVE EQUIPMENT ‘‘(1) polar-class heavy icebreakers; and ‘‘(c) TREATMENT PURSUANT TO CERTAIN CON- AGAINST BLAST INJURY. ‘‘(2) polar-class medium icebreakers.’’; GRESSIONAL RULES.—Nothing in this section (a) ACTIVITIES REQUIRED.— (4) by redesignating subsections (c) and (d) as shall be interpreted to require or enable any of- (1) IN GENERAL.—During fiscal years 2019 and subsections (b) and (c), respectively; and ficial of the Department of Defense to provide 2020, the Secretary of the Army shall carry out (5) in paragraph (1) of subsection (b), as re- funding under this section to any earmark as a set of activities to identify and develop per- designated by paragraph (4) of this section, by defined pursuant to House Rule XXI, clause 9, sonal equipment to provide enhanced protection striking ‘‘subsection (a)(1)’’ and inserting ‘‘sub- or any congressionally directed spending item as against injuries caused by blasts in combat and section (a)’’. defined pursuant to Senate Rule XLIV, para- training. graph 5. (2) ACTION WITH DOTE.—The Secretary shall TITLE II—RESEARCH, DEVELOPMENT, ‘‘(d) FUNDING.—Subject to the availability of undertake all actions required of the Secretary TEST, AND EVALUATION appropriations for such purpose, the amounts under this section jointly with the Director of Subtitle A—Authorization of Appropriations authorized to be appropriated for research, de- Operational Test and Evaluation. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. velopment, test, and evaluation for a fiscal year (b) ACTIVITIES.— Funds are hereby authorized to be appro- may be used for such fiscal year for the program (1) CONTINUOUS EVALUATION PROCESS.—For priated for fiscal year 2019 for the use of the De- established under subsection (a). purposes of the activities required by subsection partment of Defense for research, development, ‘‘(e) TRANSFER AUTHORITY.—(1) The Secretary (a), the Secretary shall establish a process to test, and evaluation, as specified in the funding may transfer funds available for the program to continuously solicit from government, industry, table in section 4201. the research, development, test, and evaluation academia, and other appropriate entities per- Subtitle B—Program Requirements, accounts of a military department, defense sonal protective equipment that is ready for test- Restrictions, and Limitations agency, or the unified combatant command for ing and evaluation in order to identify and evaluate equipment or clothing that is more ef- SEC. 211. CODIFICATION AND REAUTHORIZATION special operations forces pursuant to a proposal, OF DEFENSE RESEARCH AND DEVEL- or any part of a proposal, that the Secretary de- fective in protecting members of the Armed OPMENT RAPID INNOVATION PRO- termines would directly support the purposes of Forces from the harmful effects of blast injuries, GRAM. the program. including traumatic brain injuries, and would (a) CODIFICATION.— ‘‘(2) The transfer authority provided in this be suitable for expedited procurement and field- (1) IN GENERAL.—Chapter 139 of title 10, subsection is in addition to any other transfer ing. United States Code, is amended by inserting authority available to the Department of De- (2) GOALS.—The goals of the activities shall after section 2359 the following new section: fense.’’. include: (A) Development of streamlined requirements ‘‘§ 2359a. Defense Research and Development (2) CLERICAL AMENDMENT.—The table of sec- for procurement of personal protective equip- Rapid Innovation Program tions at the beginning of chapter 139 of such title is amended by inserting after the item relat- ment. ‘‘(a) PROGRAM ESTABLISHED.—(1) The Sec- ing to section 2359 the following new item: (B) Appropriate testing of personal protective retary of Defense shall establish a competitive, equipment prior to procurement and fielding. merit-based program to accelerate the fielding of ‘‘2359a. Defense Research and Development (C) Development of expedited mechanisms for technologies developed pursuant to phase II Rapid Innovation Program.’’. deployment of effective personal protective Small Business Innovation Research Program (b) CONFORMING AMENDMENTS.— equipment. projects, technologies developed by the defense (1) REPEAL OF OLD PROVISION.—Section 1073 (D) Identification of areas of research in laboratories, and other innovative technologies of the Ike Skelton National Defense Authoriza- which increased investment has the potential to (including dual use technologies). tion Act for Fiscal Year 2011 (Public Law 111– improve the quality of personal protective equip- ‘‘(2) The purpose of this program is to stimu- 383; 10 U.S.C. 2359 note) is hereby repealed. ment and the capability of the industrial base to late innovative technologies and reduce acquisi- (2) REPEAL OF OLD TABLE OF CONTENTS produce such equipment. tion or lifecycle costs, address technical risks, ITEM.—The table of contents in section 2(b) of (E) Such other goals as the Secretary con- improve the timeliness and thoroughness of test such Act is amended by striking the item relat- siders appropriate. and evaluation outcomes, and rapidly insert ing to section 1073. (3) PARTNERSHIPS FOR CERTAIN ASSESS- such products directly in support of primarily SEC. 212. PROCEDURES FOR RAPID REACTION TO MENTS.—As part of the activities, the Secretary major defense acquisition programs, but also EMERGING TECHNOLOGY. shall establish research partnerships with ap- other defense acquisition programs that meet (a) REQUIREMENT TO ESTABLISH PROCE- propriate academic institutions for purposes of critical national security needs. DURES.—Not later than 180 days after the date assessing the following: ‘‘(b) GUIDELINES.—The Secretary shall issue of the enactment of this Act, the Under Sec- (A) The ability of various forms of personal guidelines for the operation of the program. At retary of Defense for Research and Engineering protective equipment to protect against common a minimum such guidance shall provide for the shall prescribe procedures for the designation blast injuries, including traumatic brain inju- following: and development of technologies that are— ries.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4070 CONGRESSIONAL RECORD — SENATE June 19, 2018 (B) The value of real-time data analytics to (2) Identify and implement effective ways to (C) implementation of appropriate information track the effectiveness of various forms of per- interface and team warfighters with machines. security protections into advanced manufac- sonal protective equipment to protect against (3) Result in the use of intelligent, adaptive turing tools and techniques. common blast injuries, including traumatic augmentation to enhance decision making. (d) AUTHORITIES.—In carrying out this sec- brain injuries. (4) Result in the development of techniques, tion, the Under Secretaries may use the fol- (C) The availability of commercial-off the- technologies, and practices to mitigate critical lowing authorities: shelf personal protective technology to protect stressors that impede warfighter and civilian (1) Section 2196 of title 10, United States Code, against traumatic brain injury resulting from protection, sustainment, and performance. relating to the Manufacturing Engineering Edu- blasts. (b) PURPOSE.—The overall purpose of the ac- cation Program. (D) The extent to which the equipment deter- tivities shall be to accelerate research and devel- (2) Section 2368 of such title, relating to cen- mined through the assessment to be most effec- opment that enhances capabilities for human ters for science, technology, and engineering tive to protect against common blast injuries is performance, human-systems integration, and partnership. readily modifiable for different body types and training for the warfighter. (3) Section 2374a of such title, relating to to provide lightweight material options to en- (c) PARTICIPANTS IN ACTIVITIES.—Participants prizes for advanced technology achievements. hance maneuverability. in the activities may include the following: (4) Section 2474 of such title, relating to cen- (c) AUTHORITIES.—In carrying out activities (1) Elements of the Department of Defense en- ters of industrial and technical excellence. under subsection (a), the Secretary may use any gaged in science and technology activities. (5) Section 2521 of such title, relating to the authority as follows: (2) Program Executive Offices of the Depart- Manufacturing Technology Program. (6) Section 12 of the Stevenson-Wydler Tech- (1) Experimental procurement authority under ment. nology Innovation Act of 1980 (15 U.S.C. 3710a) section 2373 of title 10, United States Code. (3) Academia. (2) Other transactions authority under section (4) The private sector. and section 6305 of title 31, United States Code, 2371 and 2371b of title 10, United States Code. (5) Such other participants as the Secretary relating to cooperative research and develop- (3) Authority to award technology prizes considers appropriate. ment agreements. (7) Such other authorities as the Under Secre- under section 2374a of title 10, United States (d) EXECUTION.—The Secretary shall carry taries considers appropriate. Code. out this section through the Army Futures Com- (4) Authority under the Defense Acquisition mand, the Army Research Institute, or such SEC. 217. NATIONAL SECURITY INNOVATION AC- TIVITIES. Challenge Program under section 2359b of title other component of the Department of the Army (a) ESTABLISHMENT.—The Under Secretary of 10, United States Code. as the Secretary considers appropriate. Defense for Research and Engineering shall es- (5) Any other authority on acquisition, tech- SEC. 215. EXPANSION OF MISSION AREAS SUP- tablish activities to develop interaction between nology transfer, and personnel management PORTED BY MECHANISMS FOR EXPE- the Department of Defense and the commercial that the Secretary considers appropriate. DITED ACCESS TO TECHNICAL TAL- ENT AND EXPERTISE AT ACADEMIC technology industry and academia with regard (d) CERTAIN TREATMENT OF ACTIVITIES.—Any INSTITUTIONS. to emerging hardware products and technologies activities under this section shall be deemed to Section 217(e) of the National Defense Author- have been through the use of competitive proce- with national security applications. ization Act for Fiscal Year 2018 (Public Law (b) ELEMENTS.—The activities required by sub- dures for the purposes of section 2304 of title 10, 115–91; 10 U.S.C. 2358 note) is amended— section (a) shall include the following: United States Code. (1) by redesignating paragraph (23) as para- (1) Informing and encouraging private invest- (e) ON-GOING ASSESSMENT FOLLOWING ACTIVI- graph (27); and ment in specific hardware technologies of inter- TIES.—After the completion of activities under (2) by inserting after paragraph (22) the fol- est to future defense technology needs with subsection (a), the Secretary shall, on an on- lowing new paragraphs: unique national security applications. going basis, do the following: ‘‘(23) Space. (2) Funding research and technology develop- (1) Evaluate the extent to which personal pro- ‘‘(24) Infrastructure resilience. ment in critical hardware-based defense sectors, tective equipment identified through the activi- ‘‘(25) Photonics. specifically microelectromechanical systems, ties would— ‘‘(26) Autonomy.’’. processing components, micromachinery, and (A) enhance survivability of personnel from SEC. 216. ADVANCED MANUFACTURING ACTIVI- materials science that private industry has not blasts in combat and training; and TIES. supported sufficiently to meet rapidly emerging (B) enhance prevention of brain damage, and (a) DESIGNATION.—The Under Secretary of national security needs. reduction of any resultant chronic brain dys- Defense for Acquisition and Sustainment and (3) Developing and executing policies and ac- function, from blasts in combat and training. the Under Secretary of Defense for Research tions to deter strategic acquisition of industrial (2) In the case of personal protective equip- and Engineering shall jointly, in coordination and technical capabilities in the private sector ment so identified that would provide enhance- with Secretaries of the military departments, es- by foreign entities that could potentially exclude ments as described in paragraph (1), estimate tablish not less than three activities to dem- companies from participating in the Department the costs that would be incurred to procure such onstrate advanced manufacturing techniques of Defense technology and industrial base. enhanced personal protective equipment, and and capabilities at depot-level activities or mili- (4) Identifying promising emerging technology develop a schedule for the procurement of such tary arsenal facilities of the military depart- in industry and academia for the Department of equipment. ments. Defense for potential support or research and (3) Estimate the potential health care cost sav- (b) PURPOSES.—The activities established pur- development cooperation. ings that would occur from expanded use of per- suant to subsection (a) shall— (c) TRANSFER OF PERSONNEL AND RE- sonal protective equipment described in para- (1) support efforts to implement advanced SOURCES.— graph (2). manufacturing techniques and capabilities; (1) IN GENERAL.—Subject to paragraph (2), the (f) REPORTS.— (2) identify improvements to sustainment Under Secretary may transfer such personnel, (1) INITIAL REPORT.—Not later than December methods for component parts and other logistics resources, and authorities as the Under Sec- 1, 2019, the Secretary shall submit to the Com- needs; retary considers appropriate to carry out the ac- mittee on Armed Services of the Senate and the (3) identify and implement appropriate infor- tivities established under subsection (a) from House of Representatives a report on the activi- mation security protections to ensure security of other elements of the Department. ties under subsection (a) as of the date of the re- advanced manufacturing; (2) CERTIFICATION.—The Under Secretary may port. (4) aid in the procurement of advanced manu- only make a transfer of personnel, resources, or (2) FINAL REPORT.—Not later than December facturing equipment and support services; and authorities under paragraph (1) upon certifi- 1, 2020, the Secretary shall submit to the commit- (5) enhance partnerships between the defense cation by the Under Secretary that the activities tees of Congress referred to in paragraph (1) a industrial base and Department of Defense lab- established under paragraph (a) can attract suf- report on the activities under this section, in- oratories, academic institutions, and industry. ficient private sector investment, has personnel cluding the following: (c) COOPERATIVE AGREEMENTS AND PARTNER- with sufficient technical and management ex- (A) The results of the evaluation under sub- SHIPS.— pertise, and has identified relevant technologies section (e)(1). (1) IN GENERAL.—The Under Secretaries may and systems for potential investment in order to (B) The estimate of costs and schedules under enter into a cooperative agreement and use pub- carry out the activities established under sub- subsection (e)(2). lic-private and public-public partnerships to fa- section (a), independent of further government (g) FUNDING.—Of the amount authorized to be cilitate development of advanced manufacturing funding beyond this authorization. appropriated for fiscal year 2019 for the Depart- techniques in support of the defense industrial (d) ESTABLISHMENT OF NONPROFIT ENTITY.— ment of Defense by section 201, up to $10,000,000 base. The Under Secretary may establish or fund a may be available to carry out this section. (2) REQUIREMENTS.—A cooperative agreement nonprofit entity to carry out the program activi- SEC. 214. HUMAN FACTORS MODELING AND SIM- entered into under paragraph (1) and a partner- ties under subsection (a). ULATION ACTIVITIES. ship used under such paragraph shall facili- (e) PLAN.— (a) ACTIVITIES REQUIRED.—The Secretary of tate— (1) IN GENERAL.—Not later than one year after the Army shall develop and provide for the car- (A) development and implementation of ad- the date of the enactment of this Act, the Under rying out of human factors modeling and sim- vanced manufacturing techniques and capabili- Secretary shall submit to the congressional de- ulation activities designed to do the following: ties; fense committees a detailed plan to carry out (1) Provide warfighters and civilians with per- (B) appropriate sharing of information in the this section. sonalized assessment, education, and training adaptation of advanced manufacturing, includ- (2) ELEMENTS.—The plan required by para- tools. ing technical data rights; and graph (1) shall include the following:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4071 (A) A description of the additional authorities able by this Act may be used to exceed a pro- provide for interagency cooperation and col- needed to carry out the activities set forth in curement quantity of one Surface Navy Laser laboration on quantum information science and subsection (b). Weapon System, also known as the High Energy technology research and development between (B) Plans for transfers under subsection (c), Laser and Integrated Optical-dazzler with Sur- the Department of Defense and other depart- including plans for private fund-matching and veillance (HELIOS), per fiscal year, unless the ments and agencies of the United States and ap- investment mechanisms, oversight, treatment of Secretary of the Navy submits to the congres- propriate private sector entities that are in- rights relating to technical data developed, and sional defense committees a report on such sys- volved in quantum information science and relevant dates and goals of such transfers. tem with the elements set forth in subsection (b). technology research and development. (C) Plans for attracting the participation of (b) ELEMENTS.—The elements set forth in this (3) To develop and manage a portfolio of fun- the commercial technology industry and aca- subsection are, with respect to the system de- damental and applied quantum information demia and how those plans fit into the current scribed in subsection (a), the following: science and technology and engineering re- Department of Defense research and engineer- (1) A document setting forth the requirements search initiatives that is stable, consistent, and ing enterprise. for the system, including desired performance balanced across scientific disciplines. (f) AUTHORITIES.—In carrying out this sec- characteristics. (4) To accelerate the transition and deploy- tion, the Under Secretary may use the following (2) An acquisition plan that includes the fol- ment of technologies and concepts derived from authorities: lowing: quantum information science and technology re- (1) Section 1711 of the National Defense Au- (A) A program schedule to accomplish design search and development into the Armed Forces, thorization Act for Fiscal Year 2018 (Public Law completion, technology maturation, risk reduc- and to establish policies, procedures, and stand- 115–91), relating to a pilot program on strength- tion, and other activities, including dates of key ards for measuring the success of such efforts. ening manufacturing in the defense industrial design reviews (such as Preliminary Design Re- (5) To collect, synthesize, and disseminate base. view and Critical Design Review) and program critical information on quantum information (2) Section 1599g of title 10 of the United States Code, relating to public-private talent ex- initiation decision (such as Milestone B) if ap- science and technology research and develop- changes. plicable. ment. (3) Section 2368 of such title, relating to Cen- (B) A contracting strategy, including requests (6) To establish and support appropriate re- ters for Science, Technology, and Engineering for proposals, the extent to which contracts will search, innovation, and industrial base, includ- Partnerships. be competitively awarded, option years, option ing facilities and infrastructure, to support the (4) Section 2374a of such title, relating to quantities, option prices, and ceiling prices. needs of Department of Defense missions and prizes for advanced technology achievements. (C) The fiscal years of procurement and deliv- systems related to quantum information science (5) Section 2474 of such title, relating to Cen- ery for each engineering development model, and technology. ters of Industrial and Technical Excellence. prototype, or similar unit planned to be ac- (c) ADMINISTRATION.—In carrying out the pro- (6) Section 2521 of such title, relating to the quired. gram required by subsection (a), the Secretary Manufacturing Technology Program. (D) A justification for the fiscal years of pro- shall act through the Under Secretary of De- (7) Subchapter VI of chapter 33 of title 5, curement and delivery for each engineering de- fense for Research and Engineering, who shall United States Code, relating to assignments to velopment model, prototype, or similar unit supervise the planning, management, and co- and from States. planned to be acquired. ordination of the program. The Under Sec- (8) Chapter 47 of such title, relating to per- (3) A test plan and schedule sufficient to retary, in consultation with the Secretaries of sonnel research programs and demonstration achieve operational effectiveness and oper- the military departments and the heads of par- projects. ational suitability determinations (such as Early ticipating Defense Agencies and other depart- (9) Section 12 of the Stevenson-Wydler Tech- Operational Capability and Initial Operational ments and agencies of the United States, shall— nology Innovation Act of 1980 (15 U.S.C. 3710a) Capability) related to the requirements set forth (1) prescribe a set of long-term challenges and and section 6305 of title 31, United States Code, in paragraph (1). a set of specific technical goals for the program, relating to cooperative research and develop- (4) Associated funding and item quantities, including— ment agreements. disaggregated by fiscal year and appropriation, (A) optimization of analysis of national secu- (10) Such other authorities as the Under Sec- requested in the Fiscal Year 2019 Future Years rity data sets; retary considers appropriate. Defense Program. (B) design of new materials and molecular (g) FUNDING.—Of the amount authorized to be (5) An estimate of the acquisition costs, in- functions; appropriated for fiscal year 2019 for the Depart- cluding the total costs for procurement, re- (C) secure communications and cryptography; ment of Defense by section 201 and subject to search, development, test, and evaluation. (D) quantum sensing and metrology; the availability of appropriations, up to SEC. 220. EXPANSION OF COORDINATION RE- (E) development of mathematics to support de- $150,000,000 may be available to carry out this fense missions related to quantum-based section. QUIREMENT FOR SUPPORT FOR NA- TIONAL SECURITY INNOVATION AND encryption techniques; and SEC. 218. PARTNERSHIP INTERMEDIARIES FOR ENTREPRENEURIAL EDUCATION. (F) processing and manufacturing of low-cost, PROMOTION OF DEFENSE RESEARCH Section 225(e) of the National Defense Author- robust, and reliable quantum information AND EDUCATION. science and technology-enabled devices and sys- Section 2368 of title 10, United States Code, is ization Act for Fiscal Year 2018 (Public Law tems; amended— 115–91) is amended by adding at the end the fol- (1) by redesignating subsections (f) and (g) as lowing new paragraph: (2) develop a coordinated and integrated re- subsections (g) and (h), respectively; and ‘‘(16) The National Security Technology Ac- search and investment plan for meeting the (2) by inserting after subsection (e) the fol- celerator.’’. near-, mid-, and long-term challenges with de- lowing new subsection (f): SEC. 221. LIMITATION ON FUNDING FOR AMPHIB- finitive milestones while achieving the specific ‘‘(f) USE OF PARTNERSHIP INTERMEDIARIES TO IOUS COMBAT VEHICLE 1.2. technical goals that builds upon the Depart- PROMOTE DEFENSE RESEARCH AND EDUCATION.— None of the funds authorized by this Act or ment’s increased investment in quantum infor- (1) Subject to the approval of the Secretary or otherwise made available for the Marine Corps mation science and technology research and de- the head of the another department or agency of for fiscal year 2019 for the development of Am- velopment, commercial sector and global invest- the Federal Government concerned, the Director phibious Combat Vehicle 1.2 may be obligated or ments, and other United States Government in- of a Center may enter into a contract, memo- expended until the Secretary of Defense has vestments in the quantum sciences; randum of understanding or other transition submitted to the congressional defense commit- (3) not later than 180 days after the date of with a partnership intermediary that provides tees— the enactment of this Act, develop and continu- for the partnership intermediary to perform (1) the report required under subsection (b) of ously update guidance, including classification services for the Department of Defense that in- section 1041; or and data management plans for defense-related crease the likelihood of success in the conduct of (2) the information required under paragraph quantum information science and technology cooperative or joint activities of the Center with (5) of such subsection. activities, and policies for control of personnel industry or academic institutions. SEC. 222. DEFENSE QUANTUM INFORMATION participating on such activities to minimize the ‘‘(2) In this subsection, the term ‘partnership SCIENCE AND TECHNOLOGY RE- effects of loss of intellectual property in basic intermediary’ means an agency of a State or SEARCH AND DEVELOPMENT PRO- and applied quantum science and information local government, or a nonprofit entity owned GRAM. considered sensitive to the leadership of the in whole or in part by, chartered by, funded in (a) ESTABLISHMENT.—The Secretary of De- United States in the field of quantum com- whole or in part by, or operated in whole or in fense shall carry out a quantum information puting; and part by or on behalf of a State or local govern- science and technology research and develop- (4) develop memoranda of agreement, joint ment, that assists, counsels, advises, evaluates, ment program. funding agreements, and other cooperative ar- or otherwise cooperates with industry or aca- (b) PURPOSES.—The purposes of the program rangements necessary for meeting the long-term demic institutions that need or can make demon- required by subsection (a) are as follows: challenges and achieving the specific technical strably productive use of technology-related as- (1) To ensure global superiority of the United goals. sistance from a Center.’’. States in quantum information science nec- (d) REPORT.—Not later than December 31, SEC. 219. LIMITATION ON USE OF FUNDS FOR essary for meeting national security require- 2020, the Under Secretary of Defense for Re- SURFACE NAVY LASER WEAPON SYS- ments. search and Engineering shall submit to the con- TEM. (2) To coordinate all quantum information gressional defense committees a report on the (a) LIMITATION.—None of the funds author- science and technology research and develop- program, in both classified and unclassified for- ized to be appropriated or otherwise made avail- ment within the Department of Defense and to mat.

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SEC. 223. JOINT DIRECTED ENERGY TEST ACTIVI- (1) IN GENERAL.—The Secretary of Defense military departments and other Defense Agen- TIES. shall establish a set of activities within the De- cies as the Secretary considers appropriate to (a) TEST ACTIVITIES.—The Under Secretary of partment of Defense to coordinate the efforts of carry out the coordination described in sub- Defense for Research and Engineering shall de- the Department to develop, mature, and transi- section (b) and the duties set forth in subsection velop, establish, and coordinate directed energy tion artificial intelligence technologies into (c). testing activities adequate to ensure the achieve- operational use. (e) STUDY ON ARTIFICIAL INTELLIGENCE TOP- ment by the Department of Defense of goals of (2) EMPHASIS.—The set of activities estab- ICS.— the Department for developing and deploying lished under paragraph (1) shall apply artificial (1) IN GENERAL.—Not later than one year after directed energy systems to match national secu- intelligence and machine learning solutions to the date of the enactment of this Act, the offi- rity needs. operational problems and coordinate activities cial designated under subsection (b) shall— (b) ELEMENTS.—The activity established under involving artificial intelligence and artificial in- (A) complete a study on the future of artificial subsection (a) shall include the following: telligence enabled capabilities within the De- intelligence in the context of the missions of the (1) The High Energy Laser System Test Facil- partment. Department; and ity of the Army Test and Evaluation Command. (b) DESIGNATION.—Not later than 180 days (B) submit to the congressional defense com- (2) Such other test resources and activities as after the date of the enactment of this Act, the mittees a report on the findings of the des- the Under Secretary may designate for purposes Secretary of Defense shall designate a senior of- ignated official with respect to the study com- of this section. ficial of the Department of Defense with prin- pleted under subparagraph (A). (c) DESIGNATION.—The test activities estab- cipal responsibility for the coordination of ac- (2) CONSULTATION WITH EXPERTS.—In con- lished under subsection (a) shall be considered tivities relating to the development and dem- ducting the study required by paragraph (1)(A), part of the Major Range and Test Facility Base onstration of artificial intelligence and machine the designated official shall consult with experts (as defined in 196(i) of title 10, United States learning for the Department. within the Department, other Federal agencies, Code). (c) DUTIES.—The duties of the official des- academia, and the commercial sector, as the Sec- (d) DIRECTION AND CONTROL.—The conduct of ignated under subsection (b) shall include the retary considers appropriate. testing activities under subsection (a) shall be following: (3) ELEMENTS.—The study required by para- subject to authority, direction, and control of (1) STRATEGIC PLAN.—Developing a detailed graph (1)(A) shall include the following: the Under Secretary in the Under Secretary’s strategic plan to develop, mature, adopt, and (A) A comprehensive and national-level re- capacity as the official with principal responsi- transition artificial intelligence technologies view of advances in artificial intelligence and bility for the development and demonstration of into operational use. Such plan shall include machine learning, and associated technologies directed energy weapons for the Department the following: relevant to the needs of the Department and the pursuant to section 219(a)(1) of the National De- (A) A strategic roadmap for the identification Armed Forces. fense Authorization Act for Fiscal Year 2017 (10 and coordination of the development and field- (B) Near-term actionable recommendations to U.S.C. 2431 note). ing of artificial intelligence technologies and the Secretary, including ways to more effec- (e) PRIORITIZATION OF EFFORT.—In devel- key enabling capabilities. tively organize the Department for artificial in- oping and coordinating testing activities pursu- (B) The continuous evaluation and adapta- telligence and most effectively leverage academic ant to subsection (a), the Under Secretary shall tion of relevant artificial intelligence capabili- and commercial progress in these technologies. prioritize efforts consistent with the following: ties developed both inside the Department and (C) Recommendations for engagement by the (1) Paragraphs (2) through (5) of section in other organizations for military missions. Department with relevant agencies that will be 219(a) of the National Defense Authorization (2) ACCELERATION OF DEVELOPMENT AND involved with artificial intelligence in the fu- Act for Fiscal Year 2017 (10 U.S.C. 2431 note). FIELDING OF ARTIFICIAL INTELLIGENCE.—To the ture. (2) Enabling the standardized collection and degree practicable, the designated official Subtitle C—Reports and Other Matters evaluation of testing data to establish testing shall— SEC. 231. REPORT ON COMPARATIVE CAPABILI- references and benchmarks. (A) use the flexibility of regulations, per- TIES OF ADVERSARIES IN KEY TECH- (3) Concentrating sufficient personnel exper- sonnel, or other relevant policies of the Depart- NOLOGY AREAS. tise of directed energy weapon systems in order ment to accelerate the development and fielding (a) IN GENERAL.—Not later than 90 days after to validate the effectiveness of new weapon sys- of artificial intelligence capabilities; the date of the enactment of this Act, the Direc- tems against a variety of targets. (B) ensure engagement with defense and pri- tor of the Defense Intelligence Agency shall sub- (4) Consolidating modern state-of-the-art test- vate industries, research universities, and unaf- mit to the Committees on Armed Services of the ing infrastructure including telemetry, sensors, filiated, nonprofit research institutions; Senate and the House of Representatives a re- and optics to support advanced technology test- (C) provide technical advice and support to port that sets forth a direct comparison between ing and evaluation. entities in the Department of Defense and the the capabilities of the United States in emerging (5) Formulating a joint lethality or vulner- military departments to optimize the use of arti- technology areas (such as hypersonics, artificial ability information repository that can be ficial intelligence and machine learning tech- intelligence, quantum information science, and accessed by any of the military departments of nologies to meet Department missions; directed energy weapons) and the capabilities of Defense Agencies, similar to a Joint Munitions (D) support the development of requirements adversaries of the United States in such areas. Effectiveness Manuals (JMEMs). for artificial intelligence capabilities that ad- (b) ELEMENTS.—The report required by sub- (6) Reducing duplication of directed energy dress the highest priority capability gaps of the section (a) shall include, for each technology weapon testing. Department and technical feasibility; covered by such report, the following: (7) Ensuring that an adequate workforce and (E) develop and support capabilities for tech- (1) An evaluation of spending by the United adequate testing facilities are maintained to nical analysis and assessment of threat capabili- States and adversaries on such technology. support missions of the Department of Defense. ties based on artificial intelligence; (2) An evaluation of the quantity and quality (F) ensure that the Department has appro- of research on such technology. SEC. 224. REQUIREMENT FOR ESTABLISHMENT priate workforce and capabilities at labora- OF ARRANGEMENTS FOR EXPEDITED (3) An evaluation of the test infrastructure ACCESS TO TECHNICAL TALENT AND tories, test ranges, and within the organic de- and workforce supporting such technology. EXPERTISE AT ACADEMIC INSTITU- fense industrial base to support the artificial in- (4) An assessment of the technological TIONS TO SUPPORT DEPARTMENT telligence capabilities and requirements of the progress of the United States and adversaries on OF DEFENSE MISSIONS. Department; such technology. (a) IN GENERAL.—Subsection (a)(1) of section (G) develop classification guidance for all ar- (5) Descriptions of timelines for operational 217 of the National Defense Authorization Act tificial intelligence related activities of the De- deployment of such technology. for Fiscal Year 2018 (Public Law 115–91) is partment; (6) An assessment of the intent or willingness amended by striking ‘‘may’’ and inserting (H) work with appropriate officials to develop of adversaries to use such technology. ‘‘shall’’. appropriate ethical, legal, and other policies for (c) COORDINATION.—The Director shall pre- (b) EXTENSION.—Subsection (f) of such section the Department governing the development and pare the report in coordination with other ap- is amended by striking ‘‘September 30, 2020’’ and use of artificial intelligence enabled systems and propriate officials of the intelligence community inserting ‘‘September 30, 2022’’. technologies in operational situations; and and with such other partners in the technology SEC. 225. AUTHORITY FOR JOINT DIRECTED EN- (I) ensure— areas covered by the report as the Director con- ERGY TRANSITION OFFICE TO CON- (i) that artificial intelligence programs of each siders appropriate. DUCT RESEARCH RELATING TO HIGH military department and of the Defense Agen- SEC. 232. REPORT ON ACTIVE PROTECTION SYS- POWERED MICROWAVE CAPABILI- cies are consistent with the priorities identified TEMS FOR ARMORED COMBAT AND TIES. under this section; and TACTICAL VEHICLES. Section 219(b)(3) of the National Defense Au- (ii) appropriate coordination of artificial in- (a) REPORT REQUIRED.—Not later than 60 thorization Act for Fiscal Year 2017 (Public Law telligence activities of the Department with days after the date of the enactment of this Act, 114–328; 10 U.S.C. 2431 note) is amended by in- interagency, industry, and international efforts the Secretary of the Army shall submit to the serting ‘‘, including high-powered microwaves,’’ relating to artificial intelligence, including rel- Committees on Armed Services of the Senate and after ‘‘energy systems and technologies’’. evant participation in standards setting bodies. the House of Representatives a report on tech- SEC. 226. JOINT ARTIFICIAL INTELLIGENCE RE- (d) ACCESS TO INFORMATION.—The Secretary nologies related to active protection systems SEARCH, DEVELOPMENT, AND TRAN- of Defense shall ensure that the official des- (APS) for armored combat and tactical vehicles. SITION ACTIVITIES. ignated under subsection (b) has access to such (b) CONTENTS.—The report required by sub- (a) ESTABLISHMENT.— information on programs and activities of the section (a) shall include the following:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4073 (1) With respect to the active protection sys- (2) The Department of Defense laboratories the Army for Mobile Protected Firepower (MPF) tems that the Army has recently tested on the (3) The test ranges and facilities of the De- and Future Vertical Lift (FVL). M1A2 Abrams, the M2A3 Bradley, and the partment. (b) CONTENTS.—The report submitted pursu- STRYKER, the following: (4) The Defense Advanced Research Projects ant to subsection (a) shall include the following: (A) An assessment of the effectiveness of such Agency (DARPA). (1) An explanation of how Mobile Protected systems. (5) The Defense Innovation Unit Experimental Firepower and Future Vertical Lift could sur- (B) Plans of the Secretary to further test such (DIU(x)). vive against the effects of anti-armor and anti- systems. (6) The Strategic Capabilities Office of the De- aircraft networks established within anti-access, (C) Proposals for future development of such partment. area-denial defenses. systems. (7) The Small Business Innovation Research (2) An explanation of how Mobile Protected (D) A timeline for fielding such systems. Program of the Department. Firepower and Future Vertical Lift would im- (2) Plans for how the Army will incorporate (8) Such other elements, offices, programs, prove offensive overmatch against a peer adver- active protection systems into new armored com- and activities of the Department as the Under sary. bat and tactical vehicle designs, such as Mobile Secretary considers appropriate for purposes of (3) Details regarding the total number of Mo- Protection Firepower (MPF), Armored Multi- the this section. bile Protected Firepower and Future Vertical Purpose Vehicle (AMPV), and Next Generation (d) PARTICULAR RECOMMENDATIONS.—The rec- Lift systems needed by the Army. Combat Vehicle (NGCV). ommendations under subsection (a) shall in- (4) An explanation of how these systems will SEC. 233. NEXT GENERATION COMBAT VEHICLE. clude recommendations on the following: be logistically supported within light forma- (1) Portfolio management and coordination of (a) PROTOTYPE.—The Secretary of the Army tions. research and development activities across the shall take appropriate actions to ensure that the (5) Plans to integrate active protection systems military departments and the defense research Tank Automotive, Research, Development, and into the designs of such systems. and engineering enterprise, including manage- Engineering Center (TARDEC) of the Army is SEC. 237. IMPROVEMENT OF THE AIR FORCE SUP- ment and activities across the enterprise. provided the resources, including funds and ac- PLY CHAIN. (2) Workforce management, recruitment, re- quisition authorities, necessary to build a proto- (a) IN GENERAL.—The Assistant Secretary of tention, and shaping. type for the Next Generation Combat Vehicle the Air Force for Acquisition, Technology, and (3) Facilities and research and test infrastruc- (NGCV). Logistics may use funds described in subsection ture. (b) REPORT.— (b) as follows: (4) Relationships with academia, the acquisi- (1) IN GENERAL.—Not later than 60 days after (1) For nontraditional technologies and tion community, the operational community, the date of the enactment of this Act, the Sec- sustainment practices (such as additive manu- and the commercial sector. retary shall submit to the Committees on Armed facturing, artificial intelligence, predictive (5) Governance. Services of the Senate and the House of Rep- maintenance, and other software-intensive and (e) COMPARISONS.—For purposes of making software-defined capabilities) to— resentatives a report on the development of the recommendations under subsection (a), the (A) increase the availability of aircraft to the Next Generation Combat Vehicle. Under Secretary shall conduct a comparison of Air Force; and (2) ANALYSIS.— the defense research and engineering enterprise (B) decrease backlogs and lead times for the (A) IN GENERAL.—The report required by para- of the United States, namely processes, test in- production of parts for such aircraft. graph (1) shall include a thorough analysis of frastructure, and workforce, with the defense (2) To advance the qualification, certification, the requirements of the Next Generation Combat research and engineering enterprises of other and integration of additive manufacturing into Vehicle. countries and the private sector. (B) RELEVANCE TO NATIONAL DEFENSE STRAT- the Air Force supply chain. (f) CONSULTATION AND COMMENTS.—In making (3) To otherwise identify and reduce supply EGY.—In carrying out subparagraph (A), the recommendations under subsection (a), the chain risk for the Air Force. Secretary shall ensure that the requirements are Under Secretary shall consult with and seek (4) To define workforce development require- relevant to the most recently published National comments from groups and entities relevant to ments and training for personnel who implement Defense Strategy. the recommendations, such as the military de- and support additive manufacturing for the Air (C) THREATS AND TERRAIN.—The Secretary partments, the combatant commands, the De- Force at the warfighter, end-item designer and shall ensure that the analysis includes consider- fense Innovation Board, the Defense Science equipment operator, and acquisition officer lev- ation of threats and terrain. Board, the Defense Business Board, the feder- els. (D) COMPONENT TECHNOLOGIES.—The Sec- ally funded research and development centers (b) FUNDING.—Of the amounts authorized to retary shall ensure that the analysis includes (FFRDCs), and commercial partners of the De- be appropriated for fiscal year 2019 by section consideration of the latest enabling component partment of Defense (including small business 201 for research, development, test, and evalua- technologies that have the potential to dramati- concerns). cally change basic combat vehicle design and tion for the Air Force and available for Tech improve lethality, protection, mobility, range, SEC. 235. MODIFICATION OF REPORTS ON MECHA- Transition Program (Program Element NISMS TO PROVIDE FUNDS TO DE- (0604858F)), up to $42,800,000 may be available and sustainment. FENSE LABORATORIES FOR RE- (c) LIMITATION.—Of the funds authorized to SEARCH AND DEVELOPMENT OF as described in subsection (a). be appropriated for fiscal year 2019 by section TECHNOLOGIES FOR MILITARY MIS- SEC. 238. REVIEW OF GUIDANCE ON BLAST EXPO- 201 and available for research, development, SIONS. SURE DURING TRAINING. testing, and evaluation, Army, for the Next Gen- Subsection (c) of section 2363 of title 10, (a) INITIAL REVIEW.—Not later than 180 days eration Combat Vehicle, not more than 50 per- United States Code, is amended to read as fol- after the date of the enactment of this Act, the cent may be obligated or expended until the Sec- lows: Secretary of Defense shall review the firing lim- retary submits the report required by subsection ‘‘(c) RELEASE AND DISSEMINATION OF INFOR- its for heavy weapons during training exercises. (b). MATION ON CONTRIBUTIONS FROM USE OF AU- (b) ELEMENTS.—The review required by sub- SEC. 234. REPORT ON THE FUTURE OF THE DE- THORITY TO MILITARY MISSIONS.— section (a) shall take into account current data FENSE RESEARCH AND ENGINEER- ‘‘(1) COLLECTION OF INFORMATION.—The Sec- and evidence on the cognitive effects of blast ex- ING ENTERPRISE. retary shall establish and maintain mechanisms posure and shall include consideration of the (a) REPORT REQUIRED.—Not later than one for the continuous collection of information on following: year after the date of the enactment of this Act, achievements, best practices identified, lessons (1) The impact of exposure over multiple suc- the Under Secretary of Defense for Research learned, and challenges arising in the exercise cessive days of training. and Engineering shall submit to the Committees of the authority in this section. (2) The impact of multiple types of heavy on Armed Services of the Senate and the House ‘‘(2) RELEASE OF INFORMATION.—The Sec- weapons being fired in close succession. of Representatives a report setting forth rec- retary shall establish and maintain mechanisms (3) The feasibility of cumulative annual or ommendations on the future of the defense re- as follows: lifetime exposure limits. search and engineering enterprise, including ‘‘(A) Mechanisms for the release to the public (4) The minimum safe distance for observers such recommendations for legislative or adminis- of information on achievements and best prac- and instructors. trative action as the Under Secretary considers tices described in paragraph (1) in unclassified (c) UPDATED TRAINING GUIDANCE.—Not later appropriate in light of the anticipated future of form. than 180 days after the date of the completion of the defense research and engineering enterprise. ‘‘(B) Mechanisms for dissemination to appro- the review under subsection (a), each Secretary (b) FOCUS.—The recommendations under sub- priate civilian and military officials of informa- of a military department shall update any rel- section (a) shall focus on enabling the success of tion on achievements and best practices de- evant training guidance to account for the con- the defense research and engineering enterprise scribed in paragraph (1) in classified form.’’. clusions of the review. in the current environment of strategic competi- SEC. 236. REPORT ON MOBILE PROTECTED FIRE- (d) UPDATED REVIEW.— tion. POWER AND FUTURE VERTICAL LIFT. (1) IN GENERAL.—Not less frequently than (c) DEFENSE RESEARCH AND ENGINEERING EN- (a) IN GENERAL.—Not later than 60 days after once every two years after the initial review TERPRISE.—For purposes of subsection (a), the the date of the enactment of this Act, the Sec- conducted under subsection (a), the Secretary of defense research and engineering enterprise retary of the Army shall submit to the Com- Defense shall conduct an updated review under shall consist of the following: mittee on Armed Services of the Senate and the such subsection, including consideration of the (1) The science and technology elements of the Committee on Armed Services of the House of matters set forth under subsection (b), and up- military departments. Representatives a report on the requirements of date training guidance under subsection (c).

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(2) CONSIDERATION OF NEW RESEARCH AND EVI- (c) TIMELINE.—Not later than February 15, (A) is not part of the Government; and DENCE.—Each updated review conducted under 2019, the Secretary of the Army shall submit to (B) has expertise and objectivity comparable paragraph (1) shall take into account new re- the congressional defense committees the strat- to that of JASON. search and evidence that has emerged since the egy developed under subsection (a). (2) TREATMENT.—If the Secretary enters into previous review. (d) LIMITATION.—None of the funds author- an agreement with another organization as de- (e) BRIEFING REQUIRED.—The Secretary of De- ized to be appropriated for fiscal year 2019 by scribed in paragraph (1), any reference in this fense shall brief the Committees on Armed Serv- this Act for Weapons and Tracked Combat Vehi- section to JASON shall be treated as a reference ices of the Senate and the House of Representa- cles, Army, may be obligated or expended to pro- to the other organization. tives on a summary of the results of the initial cure a Bradley Fighting Vehicle replacement TITLE III—OPERATION AND review under subsection (a), each updated re- transmission until the date that is 30 days after MAINTENANCE view conducted under subsection (d), and any the date on which the Secretary of the Army Subtitle A—Authorization of Appropriations updates to training guidance and procedures re- submits to the congressional defense committees sulting from any such review or updated review. the plan required by subsection (a). SEC. 301. AUTHORIZATION OF APPROPRIATIONS. SEC. 239. LIST OF TECHNOLOGIES AND MANUFAC- SEC. 242. INDEPENDENT ASSESSMENT OF ELEC- Funds are hereby authorized to be appro- TURING CAPABILITIES CRITICAL TO TRONIC WARFARE PLANS AND PRO- priated for fiscal year 2019 for the use of the ARMED FORCES. GRAMS. Armed Forces and other activities and agencies (a) LIST REQUIRED.—The Secretary of Defense (a) AGREEMENT.— of the Department of Defense for expenses, not shall develop a list of technologies and manu- (1) IN GENERAL.—The Secretary of Defense otherwise provided for, for operation and main- facturing capabilities critical to the Armed shall seek to enter into an agreement with the tenance, as specified in the funding table in sec- Forces. private scientific advisory group known as tion 4301. (b) PRIMARY EMPHASIS.—In developing such ‘‘JASON’’ to perform the services covered by this Subtitle B—Energy and Environment list, primary emphasis shall be given to— section. (2) TIMING.—The Secretary shall seek to enter SEC. 311. FURTHER IMPROVEMENTS TO ENERGY (1) research, development, design, and manu- SECURITY AND RESILIENCE. facturing expertise; into the agreement described in paragraph (1) (a) ENERGY POLICY AUTHORITY.—Section (2) research, development, design, and manu- not later than 120 days after the date of the en- 2911(b) of title 10, United States Code, is amend- facturing equipment and unique facilities; actment of this Act. ed— (3) goods and services associated with or en- (b) INDEPENDENT ASSESSMENT.—Under an (1) by redesignating paragraphs (1), (2), and abled by research, development, operation, ap- agreement between the Secretary and JASON (3) as paragraphs (3), (4), and (5), respectively; plication, manufacturing, or maintenance ex- under this section, JASON shall— and pertise, which are not possessed by countries to (1) assess the strategies, programs, order of (2) by inserting before paragraph (3), as so re- which exports are controlled and which, if ex- battle, and doctrine of the United States related designated, the following new paragraphs: ported or otherwise transferred, would permit a to the electronic warfare mission area and elec- ‘‘(1) establish metrics and standards for the significant advance in the military capabilities tromagnetic spectrum operations; (2) assess the strategies, programs, order of assessment of energy resilience; of any such country; and battle, and doctrine of potential adversaries, ‘‘(2) require the Secretary of a military depart- (4) emerging technology areas supportive of such as China, Iran, and the Russian Federa- ment to perform mission assurance and readi- military requirements and strategies. tion, related to the same; ness assessments of energy power systems for (c) SPECIFICITY.—The shall ensure that the (3) develop recommendations for improvements mission critical assets and supporting infra- list required by subsection (a) is sufficiently spe- to the strategies, programs, and doctrine of the structure, applying uniform mission standards cific to guide the recommendations of the Sec- United States in order to enable the United established by the Secretary of Defense;’’. retary in any interagency determinations on ex- States to achieve and maintain superiority in (b) REPORTING ON ENERGY SECURITY AND RE- ercising export licensing, technology transfer, or the electromagnetic spectrum in future conflicts; SILIENCE GOALS.—Section 2911(c) of title 10, foreign investment. and United States Code, is amended by adding at the (d) PUBLICATION.— (4) develop recommendations for the Sec- end the following new paragraph: (1) IN GENERAL.—Not later than December 31, retary, Congress, and such other Federal enti- ‘‘(3) The Secretary of Defense shall include 2019, the Secretary shall publish the list required ties as JASON considers appropriate, including the energy security and resilience goals of the by subsection (a) and continuously update such recommendations for— Department of Defense in the installation en- list thereafter as the Secretary considers appro- (A) closing technical, policy, or resource gaps; ergy report submitted under section 2925(a) of priate. (B) improving cooperation and appropriate in- this title for fiscal year 2018 and every fiscal (2) FORM.—The list published under para- tegration among Federal entities; year thereafter. In the development of energy graph (1) shall be published in unclassified (C) improving cooperation between the United form, but may include a classified annex. security and resilience goals, the Department of States and other countries and international or- Defense shall conform with the definitions of SEC. 240. REPORT ON REQUIRING ACCESS TO DIG- ganizations; and energy security and resilience under this title. ITAL TECHNICAL DATA IN FUTURE (D) such other important matters identified by ACQUISITIONS OF COMBAT, COMBAT The report shall include the amount of critical JASON that are directly relevant to the strate- energy load, together with the level of avail- SERVICE, AND COMBAT SUPPORT gies of the United States described in paragraph SYSTEMS. ability and reliability by fiscal year the Depart- (3). Not later than 120 days after the date of the ment of Defense deems necessary to achieve en- (c) LIAISONS.—The Secretary shall appoint ap- ergy security and resilience.’’. enactment of this Act, the Secretary of Defense propriate liaisons to JASON to support the time- (c) REPORTING ON INSTALLATIONS ENERGY shall submit to the congressional defense com- ly conduct of the services covered by this sec- MANAGEMENT, ENERGY RESILIENCE, AND MISSION mittees a report on the feasibility and advis- tion. ASSURANCE.—Section 2925(a) of title 10, United ability of requiring access to digital technical (d) MATERIALS.—The Secretary shall provide States Code, is amended— data in all future acquisitions by the Depart- access to JASON to materials relevant to the (1) by inserting ‘‘, including progress on en- ment of Defense of combat, combat service, and services covered by this section, consistent with ergy resilience at military installations accord- combat support systems, including front-end ne- the protection of sources and methods and other ing to metrics developed by the Secretary’’ after gotiations for such access. Such report shall in- critically sensitive information. clude a digital data standard for technical data (e) CLEARANCES.—The Secretary shall ensure ‘‘under section 2911 of this title’’; for use by equipment manufacturers and the De- that appropriate members and staff of JASON (2) in paragraph (3), by striking ‘‘the mission partment with regard to three-dimensional have the necessary clearances, obtained in an requirements associated with disruption toler- printed parts. expedited manner, to conduct the services cov- ances based on risk to mission’’ and inserting SEC. 241. COMPETITIVE ACQUISITION STRATEGY ered by this section. ‘‘the downtimes (in minutes or hours) these mis- FOR BRADLEY FIGHTING VEHICLE (f) REPORT.—Not later than October 1, 2019, sions can afford based on their mission require- TRANSMISSION REPLACEMENT. the Secretary shall submit to the congressional ments and risk tolerances’’; (a) PLAN REQUIRED.—The Secretary of the defense committees a report on— (3) in paragraph (4), by inserting ‘‘(including Army shall develop a strategy to competitively (1) the findings of JASON with respect to the critical energy loads in megawatts and the asso- procure a new transmission for the Bradley assessments carried out under subsection (b); ciated downtime tolerances for critical energy Fighting Vehicle family of vehicles. and loads)’’ after ‘‘energy requirements and critical (b) ADDITIONAL STRATEGY REQUIREMENTS.— (2) the recommendations developed by JASON energy requirements’’; The plan required by subsection (a) shall in- pursuant to such subsection. (4) by redesignating paragraph (5) as para- clude the following: (g) ALTERNATE CONTRACT SCIENTIFIC ORGANI- graph (7); and (1) An analysis of the potential cost savings ZATION.— (5) by inserting after paragraph (4) the fol- and performance improvements associated with (1) IN GENERAL.—If the Secretary is unable lowing new paragraphs: developing or procuring a new transmission within the period prescribed in paragraph (2) of ‘‘(5) A list of energy resilience projects award- common to the Bradley Fighting Vehicle family subsection (a) to enter into an agreement de- ed by the Department of Defense by military de- of vehicles, including the Armored Multipurpose scribed in paragraph (1) of such subsection with partment and military installation, whether ap- Vehicle and the Paladin Integrated Manage- JASON on terms acceptable to the Secretary, the propriated or alternative financed for the re- ment artillery system. Secretary shall seek to enter into such agree- porting fiscal year, including project descrip- (2) A plan to use full and open competition to ment with another appropriate scientific organi- tion, award date, the critical energy require- the maximum extent practicable. zation that— ments serviced (including critical energy loads

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4075 in megawatts), expected reliability of the project SEC. 312. FUNDING OF STUDY AND ASSESSMENT safety and training’’ after ‘‘military operations (as indicated in the awarded contract), life cycle OF HEALTH IMPLICATIONS OF PER- and readiness’’; and costs, savings to investment, fuel type, and the AND POLYFLUOROALKYL SUB- (B) in subparagraph (B), by inserting ‘‘, in- type of appropriation or alternative financing STANCES CONTAMINATION IN cluding any potential negative impacts on pilot DRINKING WATER BY AGENCY FOR used. TOXIC SUBSTANCES AND DISEASE safety and training,’’ after ‘‘risks to national se- ‘‘(6) A list of energy resilience projects REGISTRY. curity’’; and planned by the Department of Defense by mili- Paragraph (2) of section 316(a) of the National (2) in paragraph (3), by inserting ‘‘and the tary department and military installation, Defense Authorization Act for Fiscal Year 2018 relevant local military installation’’ after ‘‘no- whether appropriated or alternative financed (Public Law 115–91) is amended to read as fol- tice to the governor of the State’’. (e) IDENTIFICATION OF ACTIONS TO MITIGATE for the next two fiscal years, including project lows: ALL ADVERSE IMPACTS.—Subsection (d)(2)(F) is description, fuel type, expected award date, and ‘‘(2) FUNDING.— amended by inserting ‘‘all’’ before ‘‘adverse im- the type of appropriation or alternative financ- ‘‘(A) SOURCE OF FUNDS.—The study and as- pacts of projects filed’’. ing expected for use.’’. sessment performed pursuant to this section may (f) DEPARTMENT OF DEFENSE FINDING OF UN- be paid for using funds authorized to be appro- (d) INCLUSION OF ENERGY SECURITY AND RE- ACCEPTABLE RISK.—Subsection (e)(1) of such priated to the Department of Defense under the SILIENCE AS PRIORITIES IN CONTRACTS FOR EN- section is amended by inserting ‘‘, including un- heading ‘Operation and Maintenance, Defense- ERGY OR FUEL FOR MILITARY INSTALLATIONS.— acceptable risk to pilot safety and unacceptable Wide’. Section 2922a(d) of title 10, United States Code, loss of training days’’ after ‘‘risk to the national ‘‘(B) TRANSFER AUTHORITY.—(i) Of the is amended to read as follows: security of the United States’’. amounts authorized to be appropriated for the (g) DEFINITION OF ADVERSE IMPACT ON MILI- ‘‘(d) The Secretary concerned shall ensure en- Department of Defense for fiscal year 2018, not TARY OPERATIONS AND READINESS.—Subsection ergy security and resilience are prioritized and more than $10,000,000 shall be transferred by the (h)(1) of such section is amended by inserting included in the provision and operation of en- Secretary of Defense, without regard to section ‘‘pilot safety,’’ after ‘‘including flight oper- ergy production facilities under this section.’’. 2215 of title 10, United States Code, to the Sec- ations,’’. (e) CONVEYANCE AUTHORITY FOR UTILITY SYS- retary of Health and Human Services to pay for (h) CLERICAL AMENDMENT.—The table of sec- TEMS.—Section 2688 of title 10, United States the study and assessment required by this sec- tions at the beginning of chapter 7 of title 10, Code, is amended— tion. United States Code, is amended by striking the (1) in subsection (a), by striking ‘‘Secretary of ‘‘(ii) Without regard to section 2215 of title 10, item relating to section 183a and inserting the a military department’’ and inserting ‘‘Secretary United States Code, the Secretary of Defense following: may transfer not more than $10,000,000 a year of Defense, or the Secretary of a military de- ‘‘183a. Military Mission Sustainment Siting partment designated by the Secretary,’’; during fiscal years 2019 and 2020 to the Sec- retary of Health and Human Services to pay for Clearinghouse for review of en- (2) in subsection (d)(2), by adding at the end the study and assessment required by this sec- ergy projects.’’. the following: ‘‘The business case analysis must tion. SEC. 314. OPERATIONAL ENERGY POLICY. also demonstrate how a privatized system will ‘‘(C) EXPENDITURE AUTHORITY.—Amounts (a) IN GENERAL.—Section 2926 of title 10, operate in a manner consistent with subsection transferred to the Secretary of Health and United States Code, is amended— (g)(3).’’; and Human Services shall be used to carry out the (1) by redesignating subsections (a), (b), (c), (3) in subsection (g)(3)— study and assessment under this section and (d) as subsections (c), (d), (e), (f), respec- through contracts, cooperative agreements, or tively; (A) by striking ‘‘Secretary concerned may re- (2) by inserting before subsection (c), as redes- quire’’ and inserting ‘‘Secretary of Defense, in grants. In addition, such funds may be trans- ferred by the Secretary of Health and Human ignated by paragraph (1), the following new consultation with the Secretaries of the military subsections: departments, shall require’’; and Services to other accounts of the Department for the purposes of carrying out this section. ‘‘(a) OPERATIONAL ENERGY POLICY.—In car- (B) by striking ‘‘consistent with energy resil- rying out section 2911(a) of this title, the Sec- ‘‘(D) RELATIONSHIP TO OTHER TRANSFER AU- ience requirements and metrics’’ and inserting retary of Defense shall ensure the types, avail- THORITIES.—The transfer authority provided ‘‘consistent with energy resilience and cyberse- under this paragraph is in addition to any other ability, and use of operational energy promote curity requirements and associated metrics’’. transfer authority available to the Department the readiness of the armed forces for their mili- (f) MODIFICATION OF ENERGY RESILIENCE DEF- of Defense.’’. tary missions. INITION.—Section 101(e)(6) of title 10, United ‘‘(b) AUTHORITIES.—The Secretary of Defense SEC. 313. MILITARY MISSION SUSTAINMENT may— States Code, is amended by striking ‘‘task crit- SITING CLEARINGHOUSE. ical assets and other’’. ‘‘(1) require the Secretary of a military depart- (a) CHANGE IN NAME OF CLEARINGHOUSE.— ment or the commander of a combatant com- (g) AUTHORITY TO ACCEPT ENERGY PERFORM- Section 183a of title 10, United States Code, is mand to assess the energy supportability of sys- ANCE FINANCIAL INCENTIVES FROM STATE AND amended— tems, capabilities, and plans; LOCAL GOVERNMENTS.—Section 2913(c) of title (1) in the section heading, by striking ‘‘Mili- ‘‘(2) authorize the use of energy security, cost 10, United States Code, is amended by inserting tary Aviation and Installation Assurance of backup power, and energy resilience as fac- ‘‘a State or local government’’ after ‘‘generally Clearinghouse for review of mission obstruc- tors in the cost-benefit analysis for procurement available from’’. tions’’ and inserting ‘‘Military Mission of operational equipment; and (h) TREATMENT OF ENERGY DEMAND RESPONSE Sustainment Siting Clearinghouse for review ‘‘(3) in selecting equipment that will use oper- FINANCIAL INCENTIVES.—Paragraph (2) of sec- of energy projects’’; and ational energy, give favorable consideration to tion 2919(b) of title 10, United States Code, is (2) in paragraph (1) of subsection (a), by the acquisition of equipment that enhances en- amended to read as follows: striking ‘‘Military Aviation and Installation As- ergy security, energy resilience, energy con- surance Siting Clearinghouse’’ and inserting ‘‘(2) credited to an appropriation designated servation, and reduces logistical ‘‘Military Mission Sustainment Siting Clearing- by the Secretary of Defense, submitted in the vulnerabilities.’’; and house’’. annual President’s budget request, merged with (3) in subsection (c), as redesignated by sub- (b) RESPONSIBLE OFFICIAL.—Subsection (a) of the appropriation to which credited, and avail- paragraph (A)— such section is further amended, in paragraph (A) in the subsection heading, by striking able for energy security or energy resilience (2)(A), by striking ‘‘control of an Assistant Sec- projects.’’. ‘‘ALTERNATIVE FUEL ACTIVITIES’’ and inserting retary of Defense designated by the Secretary’’ ‘‘FUNCTIONS OF THE ASSISTANT SECRETARY OF (i) USE OF ENERGY COST SAVINGS TO IMPLE- and inserting ‘‘control of the Under Secretary of DEFENSE FOR ENERGY, INSTALLATIONS, AND EN- MENT ENERGY RESILIENCE AND ENERGY CON- Defense for Acquisition and Sustainment’’. VIRONMENT’’; SERVATION CONSTRUCTION PROJECTS.—Section (c) FUNCTIONS.—Subsection (b) of such section (B) by striking ‘‘heads of the military depart- 2912(b)(1) of title 10, United States Code, is is amended— ments and the Assistant Secretary of Defense for amended by inserting ‘‘, including energy resil- (1) by redesignating paragraphs (2) and (3) as Research and Engineering’’ and inserting ience and energy conservation construction paragraphs (3) and (4); and ‘‘heads of the appropriate Department of De- projects,’’ after ‘‘energy security measures’’. (2) by inserting after paragraph (1) the fol- fense components’’; (j) ADDITIONAL BASIS FOR PRESERVATION OF lowing new paragraph: (C) in paragraph (1), by striking ‘‘lead the al- PROPERTY IN THE VICINITY OF MILITARY INSTAL- ‘‘(2) The Clearinghouse shall coordinate De- ternative fuels activities’’ and inserting ‘‘oversee LATIONS IN AGREEMENTS WITH NON-FEDERAL partment of Defense consideration of and re- the operational energy activities’’; ENTITIES ON USE OF SUCH PROPERTY.—Section sponse to requests for reviews received from (D) in paragraph (2), by striking ‘‘regarding 2684a(a)(2)(B) of title 10, United States Code, is other Federal agencies, State governments, In- the development of alternative fuels by the mili- amended— dian tribal governments, local governments, tary departments and the Office of the Secretary (1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’; landowners, and developers of energy of Defense’’ and inserting ‘‘regarding the poli- and projects.’’. cies and investments that affect the use of oper- (d) REVIEW OF PROPOSED ACTIONS.—Sub- ational energy across the Department of De- (2) by adding at the end of the following new section (c) of such section is amended— fense’’; clause: (1) in paragraph (1)— (E) in paragraph (3), by striking ‘‘prescribe ‘‘(ii) maintains or improves military installa- (A) in subparagraph (A), by inserting ‘‘, in- policy to streamline the investments in alter- tion resilience; or’’. cluding any potential negative impacts on pilot native fuel activities across the Department of

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4076 CONGRESSIONAL RECORD — SENATE June 19, 2018 Defense’’ and inserting ‘‘recommend to the Sec- (2) the local water authority or the State, as (B) by striking ‘‘conduct their assigned war- retary policy to improve warfighting capability the case may be, waives all claims against the time missions’’ and inserting ‘‘conduct their de- through energy security and energy resilience’’; United States and the National Guard for treat- signed and assigned missions’’; and ment expenses incurred before January 1, 2018. (2) in paragraph (2)— (F) in paragraph (5), by striking ‘‘subsection (h) CONFORMING AMENDMENTS.— (A) by striking ‘‘Measure, on an annual (c)(4)’’ and inserting ‘‘subsection (e)(4)’’. (1) RESPONSIBILITY FOR RESPONSE ACTIONS.— basis,’’ and inserting ‘‘Measure’’; and (b) CONFORMING AMENDMENTS.—(1) Section Section 2701(c)(1) of title 10, United States Code, (B) by striking ‘‘wartime missions’’ and insert- 2925(b)(1) of title 10, United States Code, is is amended by inserting ‘‘or pollutants or con- ing ‘‘designed and assigned missions’’; amended by striking ‘‘section 2926(b)’’ and in- taminants’’ after ‘‘releases of hazardous sub- (3) in paragraph (3)— stances’’. serting ‘‘section 2926(d)’’. (A) by striking ‘‘Measure, on an annual (2) DEFINITION OF FACILITY.—Section 2700(2) (2) Section 1061(c)(55) of the National Defense basis,’’ and inserting ‘‘Measure’’; and Authorization Act for Fiscal Year 2017 (Public of title 10, United States Code, is amended— (A) by striking ‘‘The terms ‘environment’, ‘fa- (B) by striking ‘‘wartime missions’’ and insert- Law 114–328; 10 U.S.C. 111 note) is amended by ing ‘‘designed and assigned missions’’; striking ‘‘section 2926(c)(4)’’ and inserting ‘‘sec- cility’,’’ and inserting ‘‘(A) The terms ‘environ- (4) in paragraph (4), by striking ‘‘Measure, on tion 2926(e)(4)’’. ment’,’’; and (B) by adding at the end the following new a monthly basis,’’ and inserting ‘‘Measure’’; SEC. 315. FUNDING TREATMENT OF (5) in paragraph (5), by striking ‘‘Measure, on PERFLUOROOCTANE SULFONIC ACID subparagraph: AND PERFLUOROOCTANOIC ACID AT ‘‘(B) The term ‘facility’— an annual basis,’’ and inserting ‘‘Measure’’; STATE-OWNED AND OPERATED NA- ‘‘(i) has the meaning given the term in section (6) by striking paragraphs (6) and (8) and re- TIONAL GUARD INSTALLATIONS. 101 of CERCLA (42 U.S.C. 9601); and designating paragraph (7) as paragraph (6); and (a) ASSISTANCE AUTHORIZED.—The Secretary ‘‘(ii) includes real property which is owned (7) in paragraph (6), as so redesignated, by concerned may provide for the treatment of by, leased, to, or otherwise possessed by the striking ‘‘Measure, on a quarterly basis,’’ and perfluorooctane sulfonic acid and United States at locations conducting military inserting ‘‘Measure’’. perfluorooctanoic acid in drinking water from activities under the authority of either this title (c) SEMI-ANNUAL AND MONTHLY JOINT READI- wells owned and operated by a local water au- or title 32.’’. NESS REVIEWS.—Such section is further amended thority undertaken to attain the lifetime health (i) DEFINITIONS.—In this section— in subsection (d)(1)(A) by inserting ‘‘, which in- (1) LIFETIME HEALTH ADVISORY.—The term advisory level for such acids in drinking water. cludes a validation of readiness data currency ‘‘lifetime health advisory’’ means the United (b) REQUIREMENTS FOR ASSISTANCE.—The Sec- and accuracy’’ after ‘‘joint readiness review’’. States Environmental Protection Agency Life- retary concerned may only provide for the treat- (d) QUARTERLY REPORT ON CHANGE IN CUR- time Health Advisory for the presence of ment of drinking water pursuant to subsection RENT STATE OF UNIT READINESS.—Such section perfluorooctane sulfonic acid and (a) if— is further amended— perfluorooctanoic acid in drinking water. (1) the local water authority has requested (1) in subsection (e), by striking ‘‘SUBMISSION (2) SECRETARY CONCERNED.—The term ‘‘Sec- such treatment from the Secretary during the retary concerned’’ means the Secretary of the TO CONGRESSIONAL COMMITTEES’’ and inserting fiscal year when the treatment is provided; Army or the Secretary of the Air Force. ‘‘QUARTERLY REPORT ON JOINT READINESS’’; (2) the elevated levels of perfluorooctane sul- (3) STATE.—The term ‘‘State’’ means any of (2) by redesignating subsection (f) as sub- fonic acid and perfluorooctanoic acid in the the several States, the District of Columbia, the section (h); and drinking water are the result of activities con- Commonwealth of Puerto Rico, Guam, and the (3) by inserting after subsection (e) the fol- ducted by or paid for by the Department of the Virgin Islands. lowing new subsection: Army or the Department of the Air Force at a (4) STATE-OWNED NATIONAL GUARD INSTALLA- ‘‘(f) QUARTERLY REPORT ON MONTHLY State-owned National Guard installation; TION.—The term ‘‘State-owned National Guard CHANGES IN CURRENT STATE OF READINESS OF (3) such treatment takes place only during the installation’’ means a facility or site owned or UNITS.—The Secretary shall each quarter submit fiscal year in which the request was made; operated by a State when such facility or site is to the congressional defense committees a report (4) the local water authority waives all claims used for training the National Guard pursuant on each monthly upgrade or downgrade of the against the United States and the National to chapter 5 of title 32, United States Code, with current state of readiness of a unit that was Guard for treatment expenses incurred before funds provided by the Secretary of Defense or issued by the commander of a unit during the the fiscal year during which the treatment is the Secretary of a military department, even previous quarter, together with the rationale of taking place; and though the Department of Defense is not the the commander for the issuance of such upgrade (5) the cost of any treatment provided pursu- owner or operator of such facility or site. or downgrade.’’. ant to subsection (a) does not exceed the actual Subtitle C—Reports (e) ANNUAL REPORT TO CONGRESS ON OPER- cost of the treatment attributable to the activi- ATIONAL CONTRACT SUPPORT.—Such section is SEC. 321. REPORTS ON READINESS. ties conducted by or paid for by the Department further amended by inserting after subsection (a) UNIFORM APPLICABILITY OF READINESS RE- of the Army or the Department of the Air Force, (f), as added by subsection (d) of this section, PORTING SYSTEM.—Subsection (b) of section 117 as the case may be. the following new subsection: (c) EXISTING AGREEMENTS.—Treatment of of title 10, United States Code, is amended— ‘‘(g) ANNUAL REPORT ON OPERATIONAL CON- drinking water pursuant to subsection (a) may (1) by inserting ‘‘and maintaining’’ after ‘‘es- tablishing’’; TRACT SUPPORT.—The Secretary shall each year be provided without regard to existing contrac- submit to the congressional defense committees a tual provisions in agreements between the De- (2) in paragraph (1), by striking ‘‘reporting system is applied uniformly throughout the De- report in writing containing the results of the partment of the Army, the Department of the most recent annual measurement of the capa- Air Force, or the National Guard Bureau, as the partment of Defense’’ and inserting ‘‘reporting system and associated policies are applied uni- bility of operational contract support to support case may be, and the State in which the base is current and anticipated wartime missions of the located relating to environmental response ac- formly throughout the Department of Defense, including between and among the joint staff armed forces. Each such report shall be sub- tions or indemnification. mitted in unclassified form, but may include a (d) AUTHORITY TO ENTER INTO AGREE- and each of the armed forces’’; (3) by redesignating paragraphs (2) and (3) as classified annex.’’. MENTS.—The Secretary concerned may enter (f) REGULATIONS.—Such section is further into such grants, cooperative agreements, or paragraphs (5) and (6), respectively; (4) by inserting after paragraph (1) the fol- amended in subsection (h), as redesignated by contracts with a local water authority as may lowing new paragraphs: subsection (d) of this section, by striking ‘‘pre- be necessary to implement this section. ‘‘(2) that is the single authoritative readiness scribe the units that are subject to reporting in (e) USE OF DSMOA.—Using up to $45,000,000 reporting system for the Department, and that the readiness reporting system, what type of of the funds authorized to be appropriated by there shall be no military service specific sys- equipment is subject to such reporting’’ and in- section 301 for operation and maintenance, the tems; serting ‘‘prescribe the established information Secretary concerned may pay, utilizing an exist- ‘‘(3) that readiness assessments are accom- technology system for Department of Defense re- ing Defense-State Memorandum of Agreement, plished at an organizational level at, or below, porting, specifically authorize exceptions to a costs that would otherwise be eligible for pay- the level at which forces are employed; single-system architecture, and identify the or- ment under that agreement. ‘‘(4) that the reporting system include re- ganizations, units, and entities that are subject (f) TERMINATION OF AUTHORITY.—The author- sources information, force posture, and mission to reporting in the readiness reporting system, ity under this section shall terminate on Sep- centric capability assessments, as well as pre- what organization resources are subject to such tember 30, 2021. dicted changes to these attributes;’’; and reporting’’. (g) RETROACTIVE EFFECT.—Notwithstanding (5) in paragraph (5), as redesignated by para- (g) CONFORMING AMENDMENTS.— paragraphs (1), (3), (4) of subsection (b), the graph (3) of this subsection, by inserting ‘‘, or (1) SECTION HEADING.—Such section is further Secretary concerned may reimburse a local element of a unit,’’ after ‘‘readiness status of a amended in the section heading by striking ‘‘: water authority or a State for the treatment of unit’’. establishment; reporting to congressional drinking water pursuant to this section if— (b) CAPABILITIES OF READINESS REPORTING committees’’. (1) the local water authority or state requested SYSTEM.—Such section is further amended in (2) TABLE OF SECTIONS.—The table of sections such a payment from the National Guard Bu- subsection (c)— reau prior to March 1, 2018, or the National (1) in paragraph (1)— at the beginning of chapter 2 is amended by Guard Bureau was aware of a treatment plan (A) by striking ‘‘Measure, on a monthly basis, striking the item relating to section 117 and in- by the local water authority or state prior to the capability of units’’ and inserting ‘‘Measure serting the following new item: that date; and the readiness of units’’; and ‘‘117. Readiness reporting system.’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4077 SEC. 322. REPORT ON COLD WEATHER CAPABILI- metrics for measuring the effectiveness of activi- upgrade the type, model, or series of aircraft TIES AND READINESS OF UNITED ties of the Department of State or United States used by a military service for its fixed wing STATES ARMED FORCES. Agency for International Development, as appli- aviation demonstration teams, including Blue (a) IN GENERAL.—Not later than 180 days cable, under the pilot program. Angel and Thunderbird aircraft, until the serv- after the date of the enactment of this Act, the (c) DURATION.—The authority to carry out ice’s active and reserve duty squadrons and Secretary of Defense shall submit to the congres- pilot programs under this section shall cease on weapon training schools have replaced 100 per- sional defense committees a report on the cur- September 30, 2023. cent of the existing type, model, and series of rent cold weather capabilities and readiness of (d) ANNUAL REPORTS.— aircraft. the United States Armed Forces. (1) IN GENERAL.—Not later than 90 days after (b) WAIVER AUTHORITY.—The Secretary of De- (b) ELEMENTS.—The report required by sub- the last day of each of fiscal year 2019 through fense may, upon written notice to the congres- section (a) shall include the following: 2023, the Secretary shall submit to the congres- sional defense committees, waive the prohibition (1) A description of current cold weather ca- sional defense committees a report on the pilot under subsection (a) for the purpose of carrying pabilities and training to support United States programs carried out under this section during out upgrades to the type, model, or series of the military operations in cold climates across the the preceding fiscal year. aircraft described under such subsection that (2) ELEMENTS.—Each report under this sub- joint force. are necessary to ensure the safety of pilots. (2) A description of anticipated requirements section shall include, for the fiscal year covered by such report, the following: SEC. 334. U.S. SPECIAL OPERATIONS COMMAND for United States military operations in cold and CIVILIAN PERSONNEL. extreme cold weather in the Arctic, Northeast (A) A list of all pilot programs carried out, set forth by combatant command. Of the funds authorized to be appropriated by Asia, and Northern and Eastern Europe. this Act for Operation and Maintenance, De- (3) A description of the current cold weather (B) A list of all pilot programs commenced, set fense-wide for U.S. Special Operations Com- readiness of the joint force, the ability to in- forth by combatant command. mand civilian personnel, not less than $6,200,000 crease cold weather training across the joint (C) The amount of funds provided for each shall be used to fund the detail of civilian per- force, and any equipment, infrastructure, per- pilot program carried out. (D) The objectives of each pilot program car- sonnel to the office of the Assistant Secretary of sonnel, or resource limitations or gaps that may ried out, and the metrics used or to be used to Defense for Special Operations and Low-Inten- exist. sity Conflict to support the Secretariat for Spe- (4) An analysis of potential opportunities to measure the effectiveness of such pilot program. (E) A description of the manner in which each cial Operations. expand cold weather training for the Army, the pilot program carried out supports the applica- Navy, the Air Force, and the Marine Corps and SEC. 335. LIMITATION ON AVAILABILITY OF ble theater campaign plan of the commanders of FUNDS FOR SERVICE-SPECIFIC DE- the resources or infrastructure required for such the combatant command concerned. FENSE READINESS REPORTING SYS- expansion. (F) If a pilot program was concluded, an as- TEMS. (5) An analysis of potential cold weather am- sessment of the value of the program, a descrip- (a) LIMITATION.—None of the funds author- phibious landing locations, including the poten- tion and assessment of lessons learned through ized to be appropriated by this Act or otherwise tial for a combined arms live fire exercise. the program, and any recommendations the Sec- made available for the Department of Defense Subtitle D—Other Matters retary considers appropriate for follow-on ef- for fiscal year 2019 for operation and mainte- SEC. 331. PILOT PROGRAMS ON INTEGRATION OF forts in connection with the program. nance, research, development, test, and evalua- MILITARY INFORMATION SUPPORT (e) FUNDING.— tion, or procurement, and available to operate AND CIVIL AFFAIRS ACTIVITIES. (1) IN GENERAL.—Of the amounts authorized service specific Defense Readiness Reporting (a) PILOT PROGRAMS AUTHORIZED.— to be appropriated for each of fiscal years 2019 Systems (DRRS) may be made available for such (1) IN GENERAL.—The commander of any geo- through 2023 for the Department of Defense for purpose except for required maintenance and in graphic combatant command designated by the operation and maintenance and available for order to facilitate the transition to DRRS-Stra- Secretary of Defense for purposes of this section, the combatant commands, an aggregate of tegic (DRRS-S). and the Commander of the United States Special $20,000,000 may be used in each such fiscal year (b) PLAN.—Not later than February 1, 2019, Operations Command if so designated, may by each such combatant command for pilot pro- the Under Secretary for Personnel and Readi- carry out one or more pilot programs designed to grams under this section. ness shall submit to the congressional defense assess the feasability and advisability of inte- (2) LIMITATION ON AMOUNT FOR PARTICULAR committees a resource and funding plan to in- grating military information support and civil PROGRAMS.—The amount expended on any par- clude a schedule with relevant milestones on the affairs in support of the theater campaign plans ticular pilot program may not exceed $2,000,000. elimination of service-specific DRRS and the mi- (f) DEFINITIONS.—In this section: of such combatant command. gration of the military services and other orga- (1) CIVIL AFFAIRS.—The term ‘‘civil affairs’’ (2) CONCURRENCE OF CHIEFS OF MISSION.—Ac- means activities intended to establish, maintain, nizations to DRRS-S. tivities under a pilot program under this section (c) TRANSITION.—The military services shall influence, or exploit relations between military may be carried out in a country only with the complete the transition to DRRS-S not later forces, indigenous populations, and institutions concurrence of the Chief of Mission for that by directly supporting the attainment of objec- than October 1, 2019. The Secretary of Defense country. tives relating to the reestablishment or mainte- shall notify the congressional defense commit- (b) REQUIREMENT FOR BOTH MILITARY INFOR- nance of stability within a region or country. tees upon the complete transition of the services. MATION SUPPORT AND CIVIL AFFAIRS CAPABILI- (2) MILITARY INFORMATION SUPPORT.—The (d) REPORTING REQUIREMENT.— TIES.— term ‘‘military information support’’ means op- (1) IN GENERAL.—The Under Secretary for Per- (1) IN GENERAL.—Except as provided in para- erations to convey selected information and in- sonnel and Readiness, the Under Secretary for graphs (2) and (3), each pilot program under dicators to foreign audiences to influence their Acquisition and Sustainment, and the Under this section shall include both a military infor- emotions, motives, objective reasoning, and ulti- Secretary for Research and Engineering, in co- mation support capability and a civil affairs ca- mately the behavior of foreign governments, or- ordination with the Secretaries of the military pability. ganizations, groups, and individuals in a man- departments and other organizations with rel- (2) NO MILITARY INFORMATION SUPPORT CAPA- ner favorable to the objectives of those planning evant technical expertise, shall establish a BILITY.—A pilot program may be carried out in such operations. working group including individuals with exper- a region or country in which no military infor- (3) THEATER CAMPAIGN PLAN.—The term ‘‘the- tise in application or software development, mation support capability is deployed if the pro- ater campaign plan’’ means a plan developed by data science, testing, and development and as- gram is complemented by a Department of State a combatant command for the steady-state ac- sessment of performance metrics to assess the public diplomacy effort that contributes to the tivities of the command, including operations, current process for collecting, analyzing, and fulfillment of the objectives of the commander of security cooperation, and other activities de- communicating readiness data, and develop a the combatant command concerned to convey signed to achieve strategic end states in the the- strategy for implementing any recommended information to foreign audiences in the region ater. changes to improve and establish readiness or county to influence their emotions, motives, SEC. 332. REPORTING ON FUTURE YEARS BUDG- metrics using the current DRRS-Strategic plat- objective reasoning, and behavior in support of ETING BY SUBACTIVITY GROUP. form. the applicable theater campaign plan. Along with the budget for each fiscal year (2) ELEMENTS.—The assessment conducted (3) NO CIVIL AFFAIRS CAPABILITY.—A pilot submitted by the President pursuant to section pursuant to paragraph (1) shall include— program may be carried out in a region or coun- 1105(a) of title 31, United States Code, the Sec- (A) identification of modern tools, methods, try in which no civil affairs capability is de- retary of Defense and the Secretaries of the mili- and approaches to readiness to more effectively ployed if the program is complemented by an ef- tary departments shall include in the OP-5 Jus- and efficiently collect, analyze, and make deci- fort of the Department of State or the United tification Books as detailed by Department of sion based on readiness data; and States Agency for International Development to Defense Financial Management Regulation (B) consideration of cost and schedule. contribute to the fulfillment of the objectives of 7000.14–R the amount for each individual sub- (3) SUBMISSION TO CONGRESS.—Not later than the commander of the combatant command con- activity group (SAG) as detailed in the Depart- February 1, 2020, the Secretary of Defense shall cerned to reestablish or maintain stability with- ment’s future years defense program pursuant submit to the congressional defense committees in the region or country in support of the appli- to section 221 of title 10, United States Code. the assessment conducted pursuant to para- cable theater campaign plan. SEC. 333. RESTRICTION ON UPGRADES TO AVIA- graph (1). (4) PLAN.—In the event a pilot program will be TION DEMONSTRATION TEAM AIR- (e) DEFENSE READINESS REPORTING REQUIRE- carried out pursuant to paragraph (2) or (3), CRAFT. MENTS.—To the maximum extent practicable, the planning for the pilot program shall include an (a) IN GENERAL.—Except as provided under Secretary of Defense shall meet defense readi- explanation of concept, budget, timeline, and subsection (b), the Secretary of Defense may not ness reporting requirements consistent with the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4078 CONGRESSIONAL RECORD — SENATE June 19, 2018 recommendations of the working group estab- Subtitle E—Logistics and Sustainment authorized strengths of such units and by the lished under subsection (d)(1). SEC. 351. LIMITATION ON MODIFICATIONS TO total number of such individual members. SEC. 336. REPURPOSING AND REUSE OF SURPLUS NAVY FACILITIES SUSTAINMENT, SEC. 412. END STRENGTHS FOR RESERVES ON AC- ARMY FIREARMS. RESTORATION, AND MODERNIZA- TIVE DUTY IN SUPPORT OF THE RE- Section 348(b) of the National Defense Author- TION (FSRM) STRUCTURE AND SERVES. ization Act for Fiscal Year 2018 (Public Law MECHANISM. Within the end strengths prescribed in section 115–91; 131 Stat. 1365) is amended by inserting The Secretary of the Navy may not make any 411(a), the reserve components of the Armed ‘‘shredded or’’ before ‘‘melted and repurposed’’. modification to the existing Navy Facilities Forces are authorized, as of September 30, 2019, Sustainment, Restoration, and Modernization the following number of Reserves to be serving SEC. 337. LIMITATION ON AVAILABILITY OF (FSRM) structure or mechanism that would FUNDS FOR ESTABLISHMENT OF AD- on full-time active duty or full-time duty, in the DITIONAL SPECIALIZED UNDER- modify duty relationships or significantly alter case of members of the National Guard, for the GRADUATE PILOT TRAINING FACIL- the existing structure until 90 days after pro- purpose of organizing, administering, recruiting, ITY. viding notice of the proposed modification to the instructing, or training the reserve components: (a) LIMITATION.—Of the funds authorized to congressional defense committees. (1) The Army National Guard of the United be appropriated by this Act or otherwise made TITLE IV—MILITARY PERSONNEL States, 30,155. available for the Department of Defense for fis- AUTHORIZATIONS (2) The Army Reserve, 16,261. cal year 2019 for Specialized Undergraduate Subtitle A—Active Forces (3) The Navy Reserve, 10,101. Pilot Training for the Air Force (referred to in (4) The Marine Corps Reserve, 2,261. this section as ‘‘SUPT’’) no funds may be used SEC. 401. END STRENGTHS FOR ACTIVE FORCES. (5) The Air National Guard of the United to enter into a contract for the procurement of The Armed Forces are authorized strengths States, 19,450. equipment, facilities, real property, or services for active duty personnel as of September 30, (6) The Air Force Reserve, 3,588. to establish a new SUPT location in the United 2019, as follows: States until the date on which the Secretary of (1) The Army, 485,741. SEC. 413. END STRENGTHS FOR MILITARY TECH- the Air Force submits to the congressional de- (2) The Navy, 331,900. NICIANS (DUAL STATUS). fense committees the certification described (3) The Marine Corps, 186,100. The minimum number of military technicians under subsection (b). (4) The Air Force, 325,720. (dual status) as of the last day of fiscal year (b) CERTIFICATION.—The certification referred SEC. 402. END STRENGTHS FOR COMMISSIONED 2019 for the reserve components of the Army and to in subsection (a) is a certification that— OFFICERS ON ACTIVE DUTY IN CER- the Air Force (notwithstanding section 129 of TAIN GRADES. (1) existing SUPT installations are operating title 10, United States Code) shall be the fol- at maximum capacity in terms of pilot produc- The Armed Forces are authorized strengths lowing: tion; and for commissioned officers on active duty as of (1) For the Army National Guard of the September 30, 2019, in the grades as follows in (2) the Air Force plans to operate existing United States, 22,294. the number specified: SUPT installations at maximum capacity over (2) For the Army Reserve, 6,492. (1) The Army: the future years defense program. (3) For the Air National Guard of the United (A) Colonel, 3,970. (c) REPORT.— States, 18,969. (B) Lieutenant colonel, 8,700. (4) For the Air Force Reserve, 8,880. (1) IN GENERAL.—Not later than March 1, (C) Major, 15,470. 2019, the Secretary of the Air Force shall submit (2) The Navy: SEC. 414. MAXIMUM NUMBER OF RESERVE PER- SONNEL AUTHORIZED TO BE ON AC- to the congressional defense committees a report (A) Captain, 3,060. on existing SUPT production, resourcing, and TIVE DUTY FOR OPERATIONAL SUP- (B) Commander, 6,670. PORT. locations. (C) Lieutenant commander, 11,010. (2) ELEMENTS.—The report required under During fiscal year 2019, the maximum number (3) The Marine Corps: of members of the reserve components of the paragraph (1) shall include the following ele- (A) Colonel, 650. ments: Armed Forces who may be serving at any time (B) Lieutenant colonel, 1,910. on full-time operational support duty under sec- (A) A description of the strategy of the Air (C) Major, 3,920. Force for utilizing existing SUPT locations to tion 115(b) of title 10, United States Code, is the (4) The Air Force: following: produce the number of pilots the Air Force re- (A) Colonel, 3,450. quires. (1) The Army National Guard of the United (B) Lieutenant colonel, 10,270. States, 17,000. (B) The number of pilots that each SUPT lo- (C) Major, 13,920. cation has graduated, by year, over the previous (2) The Army Reserve, 13,000. 5 fiscal years. Subtitle B—Reserve Forces (3) The Navy Reserve, 6,200. (C) The forecast number of pilots that each SEC. 411. END STRENGTHS FOR SELECTED RE- (4) The Marine Corps Reserve, 3,000. SUPT location will produce for fiscal year 2019. SERVE. (5) The Air National Guard of the United (D) The maximum production capacity of each (a) IN GENERAL.—The Armed Forces are au- States, 16,000. SUPT location. thorized strengths for Selected Reserve per- (6) The Air Force Reserve, 14,000. sonnel of the reserve components as of Sep- (E) A cost estimate of the resources required Subtitle C—Authorization of Appropriations for each SUPT location to reach maximum pro- tember 30, 2019, as follows: duction capacity. (1) The Army National Guard of the United SEC. 421. MILITARY PERSONNEL. (F) A determination as to whether increasing States, 343,500. (a) AUTHORIZATION OF APPROPRIATIONS.— production capacity at existing SUPT locations (2) The Army Reserve, 199,500. Funds are hereby authorized to be appropriated will satisfy the Air Force’s SUPT requirement. (3) The Navy Reserve, 59,000. for fiscal year 2019 for the use of the Armed (4) The Marine Corps Reserve, 38,500. (G) A timeline and cost estimation of estab- Forces and other activities and agencies of the (5) The Air National Guard of the United lishing a new SUPT location. Department of Defense for expenses, not other- States, 106,600. wise provided for, for military personnel, as (H) A business case analysis comparing the es- (6) The Air Force Reserve, 69,800. specified in the funding table in section 4401. tablishment of a new SUPT location to increas- (7) The Coast Guard Reserve, 7,000. ing production capacity at existing SUPT loca- (b) CONSTRUCTION OF AUTHORIZATION.—The (b) END STRENGTH REDUCTIONS.—The end tions. authorization of appropriations in subsection strengths prescribed by subsection (a) for the Se- (a) supersedes any other authorization of appro- SEC. 338. SCOPE OF AUTHORITY FOR RESTORA- lected Reserve of any reserve component shall be priations (definite or indefinite) for such pur- TION OF LAND DUE TO MISHAP. proportionately reduced by— pose for fiscal year 2019. Subsection (e) of section 2691 of title 10, (1) the total authorized strength of units orga- United States Code, as added by section 2814 of SEC. 422. LIMITATION ON USE OF FUNDS FOR nized to serve as units of the Selected Reserve of PERSONNEL IN FISCAL YEAR 2019 IN the Military Construction Authorization Act for such component which are on active duty (other EXCESS OF STATUTORILY SPECIFIED Fiscal Year 2018 (division B of Public Law 115– than for training) at the end of the fiscal year; END STRENGTHS FOR FISCAL YEAR 91; 131 Stat. 1849), is amended by adding at the and 2018. end the following new paragraph: (2) the total number of individual members not Notwithstanding any other provision of this ‘‘(3) The authority under paragraphs (1) and in units organized to serve as units of the Se- title, funds authorized to be appropriated by (2) includes activities and expenditures nec- lected Reserve of such component who are on this Act or otherwise made available for the De- essary to complete restoration to meet the regu- active duty (other than for training or for un- partment of Defense for fiscal year 2019 for mili- lations of the Federal department or agency satisfactory participation in training) without tary personnel may be not obligated or expended with administrative jurisdiction over the af- their consent at the end of the fiscal year. for a number of military personnel covered by fected land, which may be different than the (c) END STRENGTH INCREASES.—Whenever an end strength in title IV of the National De- regulations of the Department of Defense.’’. units or individual members of the Selected Re- fense Authorization Act for Fiscal Year 2018 SEC. 339. REDESIGNATION OF THE UTAH TEST serve of any reserve component are released (Public Law 115–91) in excess of such end AND TRAINING RANGE (UTTR). from active duty during any fiscal year, the end strength until the Secretary of Defense has sub- The Utah Test and Training Range (UTTR) strength prescribed for such fiscal year for the mitted to the congressional defense committees located in northwestern Utah and eastern Ne- Selected Reserve of such reserve component the report required under subsection (b) of sec- vada may be redesignated. shall be increased proportionately by the total tion 1041.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4079 TITLE V—MILITARY PERSONNEL POLICY (i) by striking ‘‘Except as authorized by the ‘‘(2) is serving in a position (as determined by Subtitle A—Officer Personnel Policy Secretary concerned in individual cases and the Secretary of the military department con- under regulations prescribed by the Secretary of cerned) that— PART I—OFFICER PERSONNEL Defense in the case of a medical or dental offi- ‘‘(A) is designated to be held by a captain, MANAGEMENT REFORM cer, the amount’’ and inserting ‘‘The amount’’; major, lieutenant colonel, or colonel in the SEC. 501. REPEAL OF CODIFIED SPECIFICATION and Army, Air Force, or Marine Corps, or lieuten- OF AUTHORIZED STRENGTHS OF (ii) by striking ‘‘in the grade of major in the ant, lieutenant commander, commander, or cap- CERTAIN COMMISSIONED OFFICERS ON ACTIVE DUTY. Army, Air Force, or Marine Corps or lieutenant tain in the Navy, as applicable; and Effective as of October 1, 2018, the text of sec- commander in the Navy’’ and inserting ‘‘in the ‘‘(B) requires that an officer serving in such tion 523 of title 10, United States Code, is grade of colonel in the Army, Air Force, or Ma- position have the skill possessed by such officer. amended to read as follows: rine Corps or captain in the Navy’’. ‘‘(c) STATUS OF OFFICERS APPOINTED.— ‘‘The total number of commissioned officers (2) REPEAL OF TEMPORARY AUTHORITY FOR ‘‘(1) PRESERVATION OF POSITION AND STATUS.— serving on active duty in the Army, Air Force, SERVICE CREDIT FOR CRITICALLY NECESSARY An appointment under this section does not or Marine Corps in each of the grades of major, CYBERSPACE-RELATED EXPERIENCE.—Such sec- change the position on the active-duty list or lieutenant colonel, or colonel, or in the Navy in tion is further amended— the permanent, probationary, or acting status of each of the grades of lieutenant commander, (A) in subsections (a)(2) and (c), by striking the officer so appointed, prejudice the officer in commander, or captain, at the end of any fiscal ‘‘or (g)’’; and regard to other promotions or appointments, or year shall be as specifically authorized by Act of (B) by striking subsection (g). abridge the rights or benefits of the officer. ‘‘(2) GRADE FOR PURPOSES OF ANNUAL DEFENSE Congress for such fiscal year.’’. (b) RESERVE OFFICERS.— (1) IN GENERAL.—Subsection (b) of section MANPOWER REPORTS.—For purposes of section SEC. 502. ANNUAL DEFENSE MANPOWER RE- 115a of this title, an officer holding an appoint- QUIREMENTS REPORT MATTERS. 12207 of title 10, United States Code, is amend- ment under this section is considered as serving (a) DATE OF SUBMITTAL.—Subsection (a) of ed— in the grade of the temporary promotion this section 115a of title 10, United States Code, is (A) in paragraph (1), by striking subpara- section. amended in the matter preceding paragraph (1) graph (D) and inserting the following new sub- ‘‘(d) BOARD RECOMMENDATION REQUIRED.—A by striking ‘‘not later than 45 days after the paragraph (D): temporary promotion under this section may be date on which’’ and inserting ‘‘on the date on ‘‘(D) Additional credit for special training or made only upon the recommendation of a board which’’. experience in a particular officer career field as of officers convened by the Secretary of the mili- (b) SPECIFICATION OF ANTICIPATED OPPORTU- designated by the Secretary concerned, if such tary department concerned for the purpose of NITIES FOR PROMOTION OF COMMISSIONED OFFI- training or experience is directly related to the recommending officers for such promotions. CERS.—Subsection (d) of such section is amend- operational needs of the armed force con- ‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF AP- ed by adding the following new paragraph: cerned.’’; and POINTMENT.—Each appointment under this sec- ‘‘(4) The opportunities for promotion of com- (B) by striking paragraph (3) and inserting tion, unless expressly declined, is, without for- missioned officers anticipated to be estimated the following new paragraph (3): mal acceptance, regarded as accepted on the pursuant to section 623(b)(4) of this title for the ‘‘(3) The amount of constructive service credit date such appointment is made, and a member fiscal year in which such report is submitted for credited to an officer under this subsection may so appointed is entitled to the pay and allow- purposes of promotion selection boards convened not exceed the amount required in order for the ances of the grade of the temporary promotion pursuant to section 611 of this title during such officer to be eligible for an original appointment under this section from the date the appoint- fiscal year.’’. as a reserve officer of the Army, Air Force, or ment is made. (c) ENUMERATION OF REQUIRED NUMBERS OF Marine Corps in the grade of colonel or as a re- ‘‘(f) TERMINATION OF APPOINTMENT.—Unless CERTAIN COMMISSIONED OFFICERS.—Such sec- serve officer of the Navy in the grade of cap- sooner terminated, an appointment under this tion is further amended by adding at the end tain.’’. section terminates— the following new subsection: (2) REPEAL OF TEMPORARY AUTHORITY FOR ‘‘(1) on the date the officer who received the ‘‘(i) In each such report, the Secretary shall SERVICE CREDIT FOR CRITICALLY NECESSARY appointment is promoted to the permanent grade also include a separate statement of the number CYBERSPACE-RELATED EXPERIENCE.—Such sec- of captain, major, lieutenant colonel, or colonel of officers required for the next fiscal year in tion is further amended— in the Army, Air Force, or Marine Corps, or each grade as follows: (A) by striking subsection (e); ‘‘(1) Major, lieutenant colonel, and colonel of (B) by redesignating subsections (f) and (g) as lieutenant, lieutenant commander, commander, each of the Army, the Air Force, and the Marine subsections (e) and (f), respectively; and or captain in the Navy; or ‘‘(2) on the date the officer is detached from a Corps. (C) in subsection (e), as redesignated by sub- ‘‘(2) Lieutenant commander, commander, and paragraph (B), by striking ‘‘, (d), or (e)’’ and position described in subsection (b)(2), unless captain of the Navy.’’. inserting ‘‘or (d)’’. the officer is on a promotion list to the perma- nent grade of captain, major, lieutenant colonel, SEC. 505. STANDARDIZED TEMPORARY PRO- SEC. 503. REPEAL OF REQUIREMENT FOR ABILITY or colonel in the Army, Air Force, or Marine TO COMPLETE 20 YEARS OF SERVICE MOTION AUTHORITY ACROSS THE BY AGE 62 AS QUALIFICATION FOR MILITARY DEPARTMENTS FOR OFFI- Corps, or lieutenant, lieutenant commander, ORIGINAL APPOINTMENT AS A REG- CERS IN CERTAIN GRADES WITH commander, or captain in the Navy, in which ULAR COMMISSIONED OFFICER. CRITICAL SKILLS. case the appointment terminates on the date the (a) REPEAL.—Subsection (a) of section 532 of (a) STANDARDIZED TEMPORARY PROMOTION officer is promoted to that grade. title 10, United States Code, is amended— AUTHORITY.— ‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE PO- (1) by striking paragraph (2); and (1) IN GENERAL.—Chapter 35 of title 10, United SITIONS.—An appointment under this section (2) by redesignating paragraphs (3), (4), and States Code, is amended by adding at the end may only be made for service in a position des- (5) as paragraphs (2), (3), and (4), respectively. the following new section: ignated by the Secretary of the military depart- (b) CONFORMING AMENDMENT.—Such section ‘‘§ 605. Promotion to certain grades for offi- ment concerned for the purposes of this section. is further amended by striking subsection (d). cers with critical skills: colonel, lieutenant The number of positions so designated may not (c) EFFECTIVE DATE.—The amendments made colonel, major, captain; captain, com- exceed the following: by this section shall take effect on the date of mander, lieutenant commander, lieutenant ‘‘(1) In the case of the Army— the enactment of this Act, and shall apply with ‘‘(A) as captain, 120; ‘‘(a) IN GENERAL.—An officer in the grade of respect to original appointments of regular com- ‘‘(B) as major, 350; first lieutenant, captain, major, or lieutenant missioned officers of the Armed Forces made on ‘‘(C) as lieutenant colonel, 200; and colonel in the Army, Air Force, or Marine or after that date. ‘‘(D) as colonel, 100. Corps, or lieutenant (junior grade), lieutenant, SEC. 504. ENHANCEMENT OF AVAILABILITY OF ‘‘(2) In the case of the Air Force— lieutenant commander, or commander in the ‘‘(A) as captain, 100; CONSTRUCTIVE SERVICE CREDIT Navy, who is described in subsection (b) may be FOR PRIVATE SECTOR TRAINING OR ‘‘(B) as major, 325; EXPERIENCE UPON ORIGINAL AP- temporarily promoted to the grade of captain, ‘‘(C) as lieutenant colonel, 175; and POINTMENT AS A COMMISSIONED major, lieutenant colonel, or colonel in the ‘‘(D) as colonel, 80. OFFICER. Army, Air Force, or Marine Corps, or lieuten- ‘‘(3) In the case of the Marine Corps— (a) REGULAR OFFICERS.— ant, lieutenant commander, commander, or cap- ‘‘(A) as captain, 50; (1) IN GENERAL.—Subsection (b) of section 533 tain in the Navy, as applicable, under regula- ‘‘(B) as major, 175; of title 10, United States Code, is amended— tions prescribed by the Secretary of the military ‘‘(C) as lieutenant colonel, 100; and (A) in paragraph (1), by striking subpara- department concerned. Appointments under this ‘‘(D) as colonel, 50. graph (D) and inserting the following new sub- section shall be made by the President, by and ‘‘(4) In the case of the Navy— paragraph (D): with the advice and consent of the Senate. ‘‘(A) as lieutenant, 100; ‘‘(D) Additional credit for special training or ‘‘(b) COVERED OFFICERS.—An officer described ‘‘(B) as lieutenant commander, 325; experience in a particular officer career field as in this subsection is any officer in a grade speci- ‘‘(C) as commander, 175; and designated by the Secretary concerned, if such fied in subsection (a) who— ‘‘(D) as captain, 80.’’. training or experience is directly related to the ‘‘(1) has a skill in which the armed force con- (2) CLERICAL AMENDMENT.—The table of sec- operational needs of the armed force con- cerned has a critical shortage of personnel (as tions at the beginning of chapter 35 of such title cerned.’’; and determined by the Secretary of the military de- is amended by adding at the end the following (B) in paragraph (2)— partment concerned); and new item:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4080 CONGRESSIONAL RECORD — SENATE June 19, 2018

‘‘605. Promotion to certain grades for officers (2) PROMOTION BOARD REPORTS RECOM- ‘‘(C) the officer has not previously failed of with critical skills: colonel, lieu- MENDING OFFICERS OF PARTICULAR MERIT BE selection for promotion to the grade for which tenant colonel, major, captain; PLACED HIGHER ON PROMOTION LIST.—Section the officer requests the exclusion from consider- captain, commander, lieutenant 14109 of such title is amended by adding at the ation.’’. commander, lieutenant.’’. end the following new subsection: SEC. 508. COMPETITIVE CATEGORY MATTERS. (b) REPEAL OF SUPERSEDED AUTHORITY APPLI- ‘‘(d) OFFICERS OF PARTICULAR MERIT.—A pro- Section 621 of title 10, United States Code, is CABLE TO NAVY LIEUTENANTS.— motion board convened under section 14101(a) of amended— EPEAL (1) R .—Chapter 544 of title 10, United this title shall, when authorized under section (1) by inserting ‘‘(a) COMPETITIVE CAT- States Code, is repealed. 14108(f) of this title, include in its report to the EGORIES.—’’ before ‘‘Under regulations’’; and (2) CLERICAL AMENDMENTS.—The tables of Secretary concerned the names of those officers (2) by adding at the end the following new chapters at the beginning of title 10, United recommended by the board to be placed higher subsections: States Code, and at the beginning of subtitle C on the promotion list and the order in which the ‘‘(b) BASES FOR COMPETITIVE CATEGORIES.— of such title, are each amended by striking the board recommends that those officers should be Competitive categories shall be established on item relating to chapter 544. placed on the list.’’. the bases as follows: SEC. 506. AUTHORITY FOR PROMOTION BOARDS (3) OFFICERS OF PARTICULAR MERIT APPEARING ‘‘(1) Officers occupying similar officer quali- TO RECOMMEND OFFICERS OF PAR- HIGHER ON PROMOTION LIST.—Section 14308(a) of fications, specialties, occupations, or ratings TICULAR MERIT BE PLACED HIGHER such title is amended in the first sentence by shall be grouped together. ON A PROMOTION LIST. adding at the end ‘‘or based on particular merit, (a) DOPMA BOARDS.— ‘‘(2) Promotion timing, promotion oppor- as determined by the promotion board’’. (1) IN GENERAL.—Section 616 of title 10, United tunity, and officer career length shall each be States Code, is amended by adding at the end SEC. 507. AUTHORITY FOR OFFICERS TO OPT OUT tailored to particular officer qualifications, spe- OF PROMOTION BOARD CONSIDER- cialties, occupations, or ratings. the following new subsection: ATION. ‘‘(g)(1) In selecting the officers to be rec- ‘‘(c) CONSISTENCY NOT REQUIRED IN PRO- (a) ACTIVE-DUTY LIST OFFICERS.—Section 619 ommended for promotion, a selection board may, MOTION TIMING OR OPPORTUNITY.—In estab- of title 10, United States Code, is amended— lishing competitive categories, the Secretary of a when authorized by the Secretary of the mili- (1) in subsection (d), by adding at the end the military department shall not be required to pro- tary department concerned, recommend officers following new paragraph: of particular merit, from among those officers ‘‘(6) An officer excluded under subsection vide consistency in promotion timing or pro- selected for promotion, to be placed higher on (e).’’; and motion opportunity among competitive cat- the promotion list established by the Secretary (2) by adding at the end the following new egories of the armed force concerned.’’. under section 624(a)(1) of this title. subsection: SEC. 509. PROMOTION ZONE MATTERS. ‘‘(2) An officer may be recommended to be ‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT (a) ALIGNMENT WITH ANNUAL DEFENSE MAN- placed higher on a promotion list under para- OUT OF SELECTION BOARD CONSIDERATION.—(1) POWER REQUIREMENTS REPORTS.—Subsection (b) graph (1) only if the officer receives the rec- The Secretary of a military department may pro- of section 623 of title 10, United States Code, is ommendation of at least a majority of the mem- vide that an officer under the jurisdiction of the amended— bers of the board, unless the Secretary con- Secretary may, upon the officer’s request and (1) in paragraph (3), by striking ‘‘and’’ at the cerned establishes an alternative requirement. with the approval of the Secretary, be excluded end; Any such alternative requirement shall be fur- from consideration by a selection board con- (2) in paragraph (4), by striking the period at nished to the board as part of the guidelines vened under section 611(a) of this title to con- the end and inserting ‘‘; and’’; and furnished to the board under section 615 of this sider officers for promotion to the next higher (3) by adding after paragraph (4) the fol- title. grade. lowing new paragraph (5): ‘‘(3) For the officers recommended to be placed ‘‘(2) The Secretary concerned may only ap- ‘‘(5) the alignment of opportunities for pro- higher on a promotion list under paragraph (1), prove a request under paragraph (1) if— motion for officers considered by any particular the board shall recommend the order in which ‘‘(A) the basis for the request is to allow an selection board with opportunities for promotion those officers should be placed on the list.’’. officer to complete a broadening assignment, ad- in the next year as estimated pursuant to para- (2) PROMOTION SELECTION BOARD REPORTS vanced education, another assignment of sig- graph (4) and reported in the annual defense RECOMMENDING OFFICERS OF PARTICULAR MERIT nificant value to the Department, or a career manpower requirements report covering such BE PLACED HIGHER ON PROMOTION LIST.—Section progression requirement delayed by the assign- year under section 115a of this title.’’. 617 of such title is amended by adding at the ment or education; (b) PROHIBITION ON DETERMINATION OF OFFI- end the following new subsection: ‘‘(B) the Secretary determines the exclusion CERS IN PROMOTION ZONE BASED ON YEAR OF ‘‘(d) A selection board convened under section from consideration is in the best interest of the ORIGINAL APPOINTMENT TO CURRENT GRADE.— 611(a) of this title shall, when authorized under military department concerned; and (1) IN GENERAL.—Such section is further section 616(g) of this title, include in its report ‘‘(C) the officer has not previously failed of amended by adding at the end the following to the Secretary concerned the names of those selection for promotion to the grade for which new subsection: officers recommended by the board to be placed the officer requests the exclusion from consider- ‘‘(c) The Secretary concerned may not deter- higher on the promotion list and the order in ation.’’. mine the number of officers in a promotion zone which the board recommends that those officers (b) RESERVE ACTIVE-STATUS LIST OFFICERS.— on the basis of the year in which officers receive should be placed on the list.’’. Section 14301 of such title is amended— their original appointment in their current (3) OFFICERS OF PARTICULAR MERIT APPEARING (1) in subsection (c)— grade.’’. HIGHER ON PROMOTION LIST.—Section 624(a)(1) (A) in the subsection heading, by striking (2) EFFECTIVE DATE.—The amendment made of such title is amended in the first sentence by ‘‘PREVIOUSLY SELECTED OFFICERS NOT ELIGI- by paragraph (1) shall take effect on the date of adding at the end ‘‘or based on particular merit, BLE’’ and inserting ‘‘CERTAIN OFFICERS NOT’’; the enactment of this Act, and shall apply with as determined by the promotion board’’. and respect to promotion zones established for pro- (b) ROPMA BOARDS.— (B) by adding at the end the following new motion selection boards convened on or after (1) IN GENERAL.—Section 14108 of title 10, paragraph: that date. United States Code, is amended by adding at the ‘‘(6) An officer excluded under subsection end the following new subsection: (j).’’; and SEC. 510. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COM- ‘‘(f) OFFICERS OF PARTICULAR MERIT.—(1) In (2) by adding at the end the following new PETITIVE CATEGORIES OF OFFI- selecting the officers to be recommended for pro- subsection: CERS. motion, a promotion board may, when author- ‘‘(j) AUTHORITY TO ALLOW OFFICERS TO OPT (a) ALTERNATIVE PROMOTION AUTHORITY.— ized by the Secretary of the military department OUT OF SELECTION BOARD CONSIDERATION.—(1) (1) IN GENERAL.—Chapter 36 of title 10, United concerned, recommend officers of particular The Secretary a military department may pro- States Code, is amended by adding at the end merit, from among those officers selected for pro- vide that an officer under the jurisdiction of the the following new subchapter: motion, to be placed higher on the promotion list Secretary may, upon the officer’s request and established by the Secretary under section with the approval of the Secretary, be excluded ‘‘SUBCHAPTER VI—ALTERNATIVE PRO- 14308(a) of this title. from consideration by a selection board con- MOTION AUTHORITY FOR OFFICERS IN ‘‘(2) An officer may be recommended to be vened under section 14101(a) of this title to con- DESIGNATED COMPETITIVE CATEGORIES placed higher on a promotion list under para- sider officers for promotion to the next higher ‘‘Sec. graph (1) only if the officer receives the rec- grade. ‘‘649a. Officers in designated competitive cat- ommendation of at least a majority of the mem- ‘‘(2) The Secretary concerned may only ap- egories. bers of the board, unless the Secretary con- prove a request under paragraph (1) if— ‘‘649b. Selection for promotion. cerned establishes an alternative requirement. ‘‘(A) the basis for the request is to allow an ‘‘649c. Eligibility for consideration for pro- Any such alternative requirement shall be fur- officer to complete a broadening assignment, ad- motion. nished to the board as part of the guidelines vanced education, another assignment of sig- ‘‘649d. Opportunities for consideration for pro- furnished to the board under section 14107 of nificant value to the Department, or a career motion. this title. progression requirement delayed by the assign- ‘‘649e. Promotions. ‘‘(3) For the officers recommended to be placed ment or education; ‘‘649f. Failure of selection for promotion. higher on a promotion list under paragraph (1), ‘‘(B) the Secretary determines the exclusion ‘‘649g. Retirement: retirement for years of serv- the board shall recommend the order in which from consideration is in the best interest of the ice; selective early retirement. those officers should be placed on the list.’’. military department concerned; and ‘‘649h. Continuation on active duty.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 6343 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4081 ‘‘649h-1. Continuation on active duty: officers in ‘‘(2) An officer not included within the pro- ‘‘(1) an officer described in subsection (a) certain military specialties and motion zone. shall not be deemed to have failed twice of selec- career tracks. ‘‘(3) An officer who has failed of promotion to tion for promotion for purposes of section ‘‘649i. Other administrative authorities. a higher grade the maximum number of times 629(e)(2) of this title until the officer has failed ‘‘649j. Regulations. specified for opportunities for promotion for selection of promotion to the next higher grade ‘‘§ 649a. Officers in designated competitive such grade within the competitive category con- the maximum number of times specified for op- categories cerned pursuant to section 649d of this title. portunities for promotion to such grade within ‘‘(4) An officer recommended by a selection ‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE the competitive category concerned pursuant to board to be removed from consideration for pro- CATEGORIES OF OFFICERS.—Each Secretary of a section 649d of this title; and military department may designate one or more motion in accordance with section 649b(c) of this ‘‘(2) any reference in section 631(a) or 632(a) competitive categories for promotion of officers title. of this title to an officer who has failed of selec- under section 621 of this title that are under the ‘‘§ 649d. Opportunities for consideration for tion for promotion to the next higher grade for jurisdiction of such Secretary as a competitive promotion the second time shall be deemed to refer instead category of officers whose promotion, retire- ‘‘(a) SPECIFICATION OF NUMBER OF OPPORTU- to an officer described in subsection (a) who has ment, and continuation on active duty shall be NITIES FOR CONSIDERATION FOR PROMOTION.—In failed of selection for promotion to the next subject to the provisions of this subchapter. designating a competitive category of officers higher grade for the maximum number of times ‘‘(b) LIMITATION ON EXERCISE OF AUTHOR- pursuant to section 649a of this title, the Sec- specified for opportunities for promotion to such ITY.—The Secretary of a military department retary of a military department shall specify the grade within the competitive category concerned may not designate a competitive category of of- number of opportunities for consideration for pursuant to such section 649d. ficers for purposes of this subchapter until 60 promotion to be afforded officers of the armed ‘‘§ 649g. Retirement: retirement for years of days after the date on which the Secretary sub- force concerned within the category for pro- service; selective early retirement mits to the Committees on Armed Services of the motion to each grade above the grade of first ‘‘(a) RETIREMENT FOR YEARS OF SERVICES.— Senate and the House of Representatives a re- lieutenant or lieutenant (junior grade), as appli- Sections 633 through 636 of this title shall apply port on the designation of the competitive cat- cable. to the retirement of officers in competitive cat- egory. The report on the designation of a com- ‘‘(b) LIMITED AUTHORITY OF SECRETARY OF egories of officers designated for purposes of this petitive category shall set forth the following: MILITARY DEPARTMENT TO MODIFY NUMBER OF subchapter. ‘‘(1) A detailed description of officer require- OPPORTUNITIES.—The Secretary of a military ‘‘(b) SELECTIVE EARLY RETIREMENT.—Sections ments for officers within the competitive cat- department may modify the number of opportu- 638 and 638a of this title shall apply to the re- egory. nities for consideration for promotion to be af- tirement of officers described in subsection (a). ‘‘(2) An explanation of the number of opportu- forded officers of an armed force within a com- ‘‘§ 649h. Continuation on active duty nities for consideration for promotion to each petitive category for promotion to a particular particular grade, and an estimate of promotion grade, as previously specified by the Secretary ‘‘(a) IN GENERAL.—An officer subject to dis- timing, within the competitive category. pursuant subsection (a) or this subsection, not charge or retirement pursuant to this sub- ‘‘(3) An estimate of the size of the promotion more frequently than once every five years. chapter may, subject to the needs of the service, zone for each grade within the competitive cat- ‘‘(c) DISCRETIONARY AUTHORITY OF SEC- be continued on active duty if the officer is se- egory. RETARY OF DEFENSE TO MODIFY NUMBER OF OP- lected for continuation on active duty in accord- ‘‘(4) A description of any other matters the PORTUNITIES.—The Secretary of Defense may ance with this section by a selection board con- Secretary considered in determining to designate modify the number of opportunities for consider- vened under section 611(b) of this title. the competitive category for purposes of this ation for promotion to be afforded officers of an ‘‘(b) IDENTIFICATION OF POSITIONS FOR OFFI- subchapter. armed force within a competitive category for CERS CONTINUED ON ACTIVE DUTY.— promotion to a particular grade, as previously ‘‘(1) IN GENERAL.—Officers may be selected for ‘‘§ 649b. Selection for promotion continuation on active duty pursuant to this ‘‘(a) IN GENERAL.—Except as provided in this specified or modified pursuant to any provision of this section, at the discretion of the Sec- section only for assignment to positions identi- section, the selection for promotion of officers in fied by the Secretary of the military department any competitive category of officers designated retary. ‘‘(d) LIMITATION ON NUMBER OF OPPORTUNI- concerned for which vacancies exist or are an- for purposes of this subchapter shall be gov- ticipated to exist. erned by the provisions of subchapter I of this TIES SPECIFIED.—The number of opportunities for consideration for promotion to be afforded ‘‘(2) IDENTIFICATION.—Before convening a se- chapter. lection board pursuant to section 611(b) of this ‘‘(b) NO RECOMMENDATION FOR PROMOTION OF officers of an armed force within a competitive category for promotion to a particular grade, as title for purposes of selection of officers for con- OFFICERS BELOW PROMOTION ZONE.—Section tinuation on active duty pursuant to this sec- 616(b) of this title shall not apply to the selec- specified or modified pursuant to any provision of this section, may not exceed five opportuni- tion, the Secretary of the military department tion for promotion of officers described in sub- concerned shall specify for purposes of the section (a). ties. ‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUM- board the positions identified by the Secretary ‘‘(c) RECOMMENDATION FOR OFFICERS TO BE BER OF OPPORTUNITIES SPECIFIED.—If, by rea- to which officers selected for continuation on EXCLUDED FROM FUTURE CONSIDERATION FOR son of a reduction in the number of opportuni- active duty may be assigned. PROMOTION.—In making recommendations pur- ties for consideration for promotion under this ‘‘(c) RECOMMENDATION FOR CONTINUATION.—A suant to section 616 of this title for purposes of selection board may recommend an officer for the administration of this subchapter, a selec- section, an officer would no longer have one or more opportunities for consideration for pro- continuation on active duty pursuant to this tion board convened under section 611(a) of this section only if the board determines that the of- title may recommend that an officer considered motion that were available to the officer before the reduction, the officer shall be afforded one ficer is qualified for assignment to one or more by the board be excluded from future consider- positions identified pursuant to subsection (b) ation for promotion under this chapter. additional opportunity for consideration for promotion after the reduction. on the basis of skills, knowledge, and behavior ‘‘§ 649c. Eligibility for consideration for pro- required of an officer to perform successfully in ‘‘§ 649e. Promotions motion such position or positions. ‘‘Sections 620 through 626 of this title shall ‘‘(a) IN GENERAL.—Except as provided by this ‘‘(d) APPROVAL OF SECRETARY OF MILITARY apply in promotions of officers in competitive section, eligibility for promotion of officers in DEPARTMENT.—Continuation of an officer on any competitive category of officers designated categories of officers designated for purposes of active duty under this section pursuant to the for purposes of this subchapter shall be gov- this subchapter. action of a selection board is subject to the ap- erned by the provisions of section 619 of this ‘‘§ 649f. Failure of selection for promotion proval of the Secretary of the military depart- title. ‘‘(a) IN GENERAL.—Except as provided in this ment concerned. ‘‘(b) INAPPLICABILITY OF CERTAIN TIME-IN- section, sections 627 through 632 of this title ‘‘(e) NONACCEPTANCE OF CONTINUATION.—An GRADE REQUIREMENTS.—Paragraphs (2) through shall apply to promotions of officers in competi- officer who is selected for continuation on active (4) of section 619(a) of this title shall not apply tive categories of officers designated for pur- duty pursuant to this section, but who declines to the promotion of officers described in sub- poses of this subchapter. to continue on active duty, shall be discharged section (a). ‘‘(b) INAPPLICABILITY OF FAILURE OF SELEC- or retired, as appropriate, in accordance with ‘‘(c) INAPPLICABILITY TO OFFICERS ABOVE AND TION FOR PROMOTION TO OFFICERS ABOVE PRO- section 632 of this title. BELOW PROMOTION ZONE.—The following provi- MOTION ZONE.—The reference in section 627 of ‘‘(f) PERIOD OF CONTINUATION.— sions of section 619(c) of this title shall not this title to an officer above the promotion zone ‘‘(1) IN GENERAL.—An officer continued on ac- apply to the promotion of officers described in shall not apply in the promotion of officers de- tive duty pursuant to this section shall remain subsection (a): scribed in subsection (a). on active duty, and serve in the position to ‘‘(1) The reference in paragraph (1) of that ‘‘(c) SPECIAL SELECTION BOARD MATTERS.— which assigned (or in another position to which section to an officer above the promotion zone. The reference in section 628(a)(1) of this title to assigned with the approval of the Secretary of ‘‘(2) Paragraph (2)(A) of that section. a person above the promotion zone shall not the military department concerned), for a total ‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.— apply in the promotion of officers described in of not more than three years afer the date of as- The following officers are not eligible for pro- subsection (a). signment to the position to which first so as- motion under this subchapter: ‘‘(d) EFFECT OF FAILURE OF SELECTION.—In signed. ‘‘(1) An officer described in section 619(d) of the administration of this subchapter pursuant ‘‘(2) ADDITIONAL CONTINUATION.—An officer this title. to subsection (a)— whose continued service pursuant to this section

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4082 CONGRESSIONAL RECORD — SENATE June 19, 2018 would otherwise expire pursuant to paragraph fense considers appropriate to improve or en- lower retired grade under this section if known (1) may be continued on active duty if selected hance such authorities. by competent authority at the time of retire- for continuation on active duty in accordance SEC. 511. APPLICABILITY TO ADDITIONAL OFFI- ment. with this section before the date of expiration CER GRADES OF AUTHORITY FOR ‘‘(C) If a mistake of law or calculation was pursuant to that paragraph. CONTINUATION ON ACTIVE DUTY OF made in the determination of the retired grade. ‘‘(g) EFFECT OF EXPIRATION OF CONTINU- OFFICERS IN CERTAIN MILITARY ‘‘(D) In the case of a retired grade following ATION.—Each officer continued on active duty SPECIALTIES AND CAREER TRACKS. a conditional determination under subsection pursuant to this subsection who is not selected Section 637a(a) of title 10, United States Code, (a)(1) or (d)(1) or conditional certification under for continuation on active duty pursuant to is amended— subsection (c)(4), if the investigation of or per- subsection (f)(2) at the completion of the offi- (1) by striking ‘‘grade O–4’’ and inserting sonnel action against the officer, as applicable, cer’s term of continued service shall, unless ‘‘grade O–2’’; and results in adverse findings. sooner discharged or retired under another pro- (2) by inserting ‘‘632,’’ before ‘‘633,’’. ‘‘(E) If the Secretary concerned determines, vision of law— PART II—OTHER MATTERS pursuant to regulations prescribed by the Sec- ‘‘(1) be discharged upon the expiration of the SEC. 516. MATTERS RELATING TO SATISFACTORY retary of Defense, that good cause exists to re- term of continued service; or SERVICE IN GRADE FOR PURPOSES open the determination or certification. ‘‘(2) if eligible for retirement under another OF RETIREMENT GRADE OF OFFI- ‘‘(3) If a determination or certification of the other provision of law, be retired under that law CERS IN HIGHEST GRADE OF SATIS- retired grade of an officer is reopened, the Sec- on the first day of the first month following the FACTORY SERVICE. retary concerned— month in which the officer completes the term of (a) CONDITIONAL DETERMINATIONS OF GRADE ‘‘(A) shall notify the officer of the reopening; continued service. OF SATISFACTORY SERVICE.— and ‘‘(h) TREATMENT OF DISCHARGE OR RETIRE- (1) IN GENERAL.—Subsection (a)(1) of section ‘‘(B) may not make an adverse determination MENT.—The discharge or retirement of an officer 1370 of title 10, United States Code, is amended on the retired grade of the officer until the offi- pursuant to this section shall be considered to by adding at the end the following new sen- cer has had a reasonable opportunity to respond be an involuntary discharge or retirement for tences: ‘‘When an officer is under investigation regarding the basis of the reopening. purposes of any other provision of law. for alleged misconduct at the time of retirement, ‘‘(4) If a certification of the retired grade of the Secretary concerned may conditionally de- ‘‘§ 649h-1. Continuation on active duty: offi- an officer covered by subsection (c) is reopened, termine the highest grade of satisfactory service cers in certain military specialties and ca- the Secretary concerned shall also notify the of the officer pending completion of the inves- reer tracks President and Congress of the reopening. tigation. Such grade is subject to reopening in ‘‘(5) If the retired grade of an officer is re- ‘‘In addition to continuation on active duty accordance with subsection (f).’’. duced through the reopening of the officer’s re- provided for in section 649h of this title, an offi- (2) OFFICERS IN O–9 AND O–10 GRADES.—Sub- tired grade, the retired pay of the officer under cer to whom section 637a of this title applies section (c) of such section is amended by adding chapter 71 of this title shall be recalculated, and may be continued on active duty in accordance at the end the following new paragraph: any modification of the retired pay of the officer with the provisions of such section 637a. ‘‘(4) The Secretary of Defense may make a shall go into effect on the effective date of the ‘‘§ 649i. Other administrative authorities conditional certification regarding satisfactory reduction of the officer’s retired grade.’’. ‘‘(a) IN GENERAL.—The following provisions of service in grade under paragraph (1) with re- (d) EFFECTIVE DATE.—The amendments made this title shall apply to officers in competitive spect to an officer under that paragraph not- by subsection (a) shall take effect on the date of categories of officers designated for purposes of withstanding the fact that there is pending the the enactment of this Act, and shall apply with this subchapter: disposition of an adverse personnel action respect to officers who retire from the Armed ‘‘(1) Section 638b, relating to voluntary retire- against the officer for alleged misconduct. The Forces on or after that date. ment incentives. retired grade of an officer following such a con- SEC. 517. REDUCTION IN NUMBER OF YEARS OF ‘‘(2) Section 639, relating to continuation on ditional certification is subject to reopening in ACTIVE NAVAL SERVICE REQUIRED active duty to complete disciplinary action. accordance with subsection (f).’’. FOR PERMANENT APPOINTMENT AS ‘‘(3) Section 640, relating to deferment of re- (3) RESERVE OFFICERS.—Subsection (d)(1) of A LIMITED DUTY OFFICER. tirement or separation for medical reasons. such section is amended by adding at the end Section 5589(d) of title 10, United States Code, the following new sentences: ‘‘When an officer ‘‘§ 649j. Regulations is amended by striking ‘‘10 years’’ and inserting is under investigation for alleged misconduct at ‘‘8 years’’. ‘‘The Secretary of Defense shall prescribe reg- the time of retirement, the Secretary concerned ulations regarding the administration of this SEC. 518. REPEAL OF ORIGINAL APPOINTMENT may conditionally determine the highest grade QUALIFICATION REQUIREMENT FOR subchapter. The elements of such regulations of satisfactory service of the officer pending WARRANT OFFICERS IN THE REG- shall include mechanisms to clarify the manner completion of the investigation. Such grade is ULAR ARMY. in which provisions of other subchapters of this subject to reopening in accordance with sub- (a) IN GENERAL.—Section 3310 of title 10, chapter shall be used in the administration of section (f).’’. United States Code, is repealed. this subchapter in accordance with the provi- (b) DETERMINATIONS OF SATISFACTORY SERV- (b) CLERICAL AMENDMENT.—The table of sec- sions of this subchapter.’’. ICE.—Such section is further amended— tions at the beginning of chapter 335 of such (2) CLERICAL AMENDMENT.—The table of sub- (1) by redesignating subsection (e) as sub- title is amended by striking the item relating to chapters at the beginning of chapter 36 of such section (g); and section 3310. title is amended by adding at the end the fol- (2) by inserting after subsection (d) the fol- SEC. 519. UNIFORM GRADE OF SERVICE OF THE lowing new item: lowing new subsection (e): CHIEFS OF CHAPLAINS OF THE ‘‘VI. Alternative Promotion Authority ‘‘(e) DETERMINATIONS OF SATISFACTORY SERV- ARMED FORCES. for Officers in Designated Com- ICE IN GRADE.—The determination whether an The grade of service as Chief of Chaplains of petitive Categories ...... 649a’’. officer’s service in grade is satisfactory for pur- the Army, Chief of Chaplains of the Navy, and (b) REPORT.— poses of any provision of this section shall— Chief of Chaplains of the Air Force of an officer (1) IN GENERAL.—Not later than 180 days after ‘‘(1) be based on quantative and qualitative serving in such position shall be such grade as the date of the enactment of this Act, the Sec- considerations; the Secretary of Defense shall specify. The retary of Defense shall, in consultation with the ‘‘(2) take into account both acts and omis- grade of service shall be the same for service in Secretaries of the military departments, submit sions; and each such position. to the Committees on Armed Services of the Sen- ‘‘(3) take into account service in current grade SEC. 520. WRITTEN JUSTIFICATION FOR APPOINT- ate and the House of Representatives a report and in any prior grade in which served (wheth- MENT OF CHIEFS OF CHAPLAINS IN on the authorities in subchapter VI of chapter er a lower or higher grade).’’. GRADE BELOW GRADE OF MAJOR 36 of title 10, United States Code (as added by (c) FINALITY OF RETIRED GRADE DETERMINA- GENERAL OR REAR ADMIRAL. subsection (a)). TIONS.—Such section is further amended by in- (a) CHIEF OF CHAPLAINS OF THE ARMY.—Sec- (2) ELEMENTS.—The report shall include the serting after subsection (e), as amended by sub- tion 3036 of title 10, United States Code, is following: section (b) of this section, the following new amended by adding at the end the following (A) A detailed analysis and assessment of the subsection: new subsection: manner in which the exercise of the authorities ‘‘(f) FINALITY OF RETIRED GRADE DETERMINA- ‘‘(h) If an individual is appointed Chief of in subchapter VI of chapter 36 of title 10, United TIONS.—(1) Except as otherwise provided by law, Chaplains in a regular grade below the grade of States Code (as so added), will effect the career a determination or certification of the retired major general, the Secretary of the Army shall progression of commissioned officers in the grade of an officer pursuant to this section is submit to the Committees on Armed Services of Armed Forces. administratively final on the day the officer is the Senate and the House of Representatives a (B) A description of the competitive categories retired, and may not be reopened. report setting forth in writing the justification of officers that are anticipated to be designated ‘‘(2) A determination or certification of the re- for the appointment of the individual as Chief as competitive categories of officers for purposes tired grade of an officer may be reopened as fol- of Chaplains in such lower grade.’’. of such authorities. lows: (b) CHIEF OF CHAPLAINS OF THE NAVY.—Sec- (C) A plan for implementation of such au- ‘‘(A) If the retirement or retired grade of the tion 5142(b) of such title is amended— thorities. officer was procured by fraud. (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (D) Such recommendations for legislative or ‘‘(B) If substantial evidence comes to light (2) by adding at the end the following new administrative action as the Secretary of De- after the retirement that could have led to a paragraph:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4083 ‘‘(2) If an individual is appointed Chief of (1) in subsection (b), by striking ‘‘not on ac- SEC. 535. REPEAL OF 15-YEAR STATUTE OF LIMI- Chaplains in a regular grade below the grade of tive duty’’ each place it appears; and TATIONS ON MOTIONS OR REQUESTS rear admiral, the Secretary of the Navy shall (2) in subsection (c)— FOR REVIEW OF DISCHARGE OR DIS- MISSAL FROM THE ARMED FORCES. submit to the Committees on Armed Services of (A) by inserting ‘‘of the reserve components’’ (a) REPEAL.—Section 1553(a) of title 10, the Senate and the House of Representatives a after ‘‘among the members’’; and United States Code, is amended by striking the report setting forth in writing the justification (B) by striking ‘‘not on active duty’’. for the appointment of the individual as Chief second sentence. Subtitle C—General Service Authorities of Chaplains in such lower grade.’’. (b) EFFECTIVE DATE.—The amendment made (c) CHIEF OF CHAPLAINS OF THE AIR FORCE.— SEC. 531. ASSESSMENT OF NAVY STANDARD by this section shall take effect on October 1, Section 8039(a) of such title is amended— WORKWEEK AND RELATED ADJUST- 2019. (1) by redesignating paragraphs (2) and (3) as MENTS. SEC. 536. TREATMENT OF CLAIMS RELATING TO paragraphs (3) and (4), respectively; and (a) ASSESSMENT.—The Secretary of the Navy MILITARY SEXUAL TRAUMA IN COR- (2) by inserting after paragraph (1) the fol- shall conduct a comprehensive assessment of the RECTION OF MILITARY RECORDS lowing new paragraph (2): Navy standard workweek. AND REVIEW OF DISCHARGE OR DIS- MISSAL PROCEEDINGS. ‘‘(2) If an individual is appointed Chief of (b) OTHER REQUIREMENTS.—The Secretary (a) CORRECTION OF MILITARY RECORDS.— Chaplains in a regular grade below the grade of shall— (1) IN GENERAL.—Subsection (h) of section 1552 major general, the Secretary of the Air Force (1) update Office of the Chief of Naval Oper- of title 10, United States Code, is amended in shall submit to the Committees on Armed Serv- ations Instruction 1000.16L in order to— paragraphs (1) and (2)(B), by striking ‘‘post- ices of the Senate and the House of Representa- (A) obtain an examination of current in-port tives a report setting forth in writing the jus- traumatic stress disorder or traumatic brain in- workloads; and jury’’ and inserting ‘‘post-traumatic stress dis- tification for the appointment of the individual (B) identify the manpower necessary to exe- as Chief of Chaplains in such lower grade.’’. order, traumatic brain injury, or military sexual cute in-port workload for all surface ship class- trauma’’. Subtitle B—Reserve Component Management es; (2) QUARTERLY REPORTS.—Subsection (i)(1) of SEC. 521. AUTHORITY TO ADJUST EFFECTIVE (2) update the criteria used in the Instruction such section is amended by inserting ‘‘, or an DATE OF PROMOTION IN THE EVENT referred to in paragraph (1) that are used to re- experience of military sexual trauma,’’ after OF UNDUE DELAY IN EXTENDING assess the factors used to calculate manpower FEDERAL RECOGNITION OF PRO- ‘‘traumatic brain injury’’. requirements periodically or when conditions (b) REVIEW OF DISCHARGE OR DISMISSAL.— MOTION. change; and (a) IN GENERAL.—Section 14308(f) of title 10, Section 1553(d) of such title is amended— (3) using the updates required by paragraphs United States Code, is amended— (1) by striking ‘‘or traumatic brain injury’’ (1) by inserting ‘‘(1)’’ before ‘‘The effective (1) and (2), identify personnel needs and costs each place it appears (other than the second date of promotion’’; and associated with the planned larger size of the place it appears in paragraph (3)(B)) and insert- (2) by adding at the end the following new Navy fleet. ing ‘‘, traumatic brain injury, or military sexual paragraph: (c) ADDED DEMANDS.—The Secretary shall trauma’’; and ‘‘(2) If the Secretary concerned determines identify and quantify added demands on Navy (2) in paragraph (3)(B), by inserting ‘‘and’’ that there was an undue delay in extending ship crews, including Ready Relevant Learning before ‘‘whose’’ the second place it appears. training periods and additional work that af- Federal recognition in the next higher grade in Subtitle D—Military Justice Matters the Army National Guard or the Air National fects readiness and technical qualifications for Guard to a reserve commissioned officer of the Navy ship crews. SEC. 541. PUNITIVE ARTICLE ON DOMESTIC VIO- LENCE UNDER THE UNIFORM CODE (d) DEADLINE.—The Secretary shall complete Army or the Air Force, and the delay was not OF MILITARY JUSTICE. carrying out the requirements in this section by attributable to the action (or inaction) of such (a) PUNITIVE ARTICLE.— not later than 180 days after the date of the en- officer, the effective date of the promotion con- (1) IN GENERAL.—Subchapter X of chapter 47 actment of this Act. cerned under paragraph (1) may be adjusted to of title 10, United States Code (the Uniform a date determined by the Secretary concerned, SEC. 532. MANNING OF FORWARD DEPLOYED Code of Military Justice), is amended by insert- but not earlier than the effective date of the NAVAL FORCES. ing after section 928a (article 128a) the following State promotion.’’. Commencing not later than October 1, 2019, new section (article): (b) EFFECTIVE DATE.—The amendments made the Secretary of the Navy shall implement a pol- by subsection (a) shall take effect on the date of icy to man ships homeported overseas (com- ‘‘§ 928b. Art. 128b. Domestic violence the enactment of this Act, and shall apply with monly referred to as ‘‘Forward Deployed Naval ‘‘(a) IN GENERAL.—Any person who— respect to promotions of officers whose State ef- Forces’’) at manning levels not less than the lev- ‘‘(1) commits a violent offense against a fective date is on or after that date. els established for each ship class or type of spouse, an intimate partner, or an immediate SEC. 522. AUTHORITY TO DESIGNATE CERTAIN unit, including any adjustments resulting from family member of that person; RESERVE OFFICERS AS NOT TO BE as a result of changes from actions in connec- ‘‘(2) with intent to threaten or intimidate a CONSIDERED FOR SELECTION FOR tion with section 531, relating to an assessment spouse, an intimate partner, or an immediate PROMOTION. of the Navy standard workweek and related ad- family member of that person— Section 14301 of title 10, United States Code, is justments. ‘‘(A) commits an offense under this chapter amended by adding at the end the following against any person; or SEC. 533. NAVY WATCHSTANDER RECORDS. new subsection: ‘‘(B) commits an offense under this chapter (a) IN GENERAL.—The Secretary of the Navy ‘‘(j) CERTAIN OFFICERS NOT TO BE CONSID- against any property, including an animal; shall require that, commencing not later than ERED FOR SELECTION FOR PROMOTION.—The Sec- ‘‘(3) with intent to threaten or intimidate a 180 days after the date of the enactment of this retary of the military department concerned spouse, an intimate partner, or an immediate Act, key watchstanders on Navy surface ships may provide that an officer who is in an active family member of that person, violates a protec- shall maintain a career record of watchstanding status, but is in a duty status in which the only tion order; hours and specific operational evolutions. points the officer accrues under section ‘‘(4) with intent to commit a violent offense 12732(a)(2) of this title are pursuant to subpara- (b) KEY WATCHSTANDER DEFINED.—In this against a spouse, an intimate partner, or an im- graph (C)(i) of that section (relating to member- section, the term ‘‘key watchstander’’ means mediate family member of that person, violates a ship in a reserve component), shall not be con- each of the following: protection order; or sidered for selection for promotion until comple- (1) Officer of the Deck. ‘‘(5) assaults a spouse, an intimate partner, or tion of two years of service in such duty status. (2) Any other officer specified by the Secretary an immediate family member of that person by Any such officer may remain on the reserve ac- for purposes of this section. strangling or suffocating; tive-status list.’’. SEC. 534. QUALIFICATION EXPERIENCE REQUIRE- shall be punished as a court-martial may direct. SEC. 523. EXPANSION OF PERSONNEL SUBJECT MENTS FOR CERTAIN NAVY ‘‘(b) DEFINITIONS.—In this section (article): TO AUTHORITY OF THE CHIEF OF WATCHSTATIONS. ‘‘(1) IMMEDIATE FAMILY.—The term ‘imme- THE NATIONAL GUARD BUREAU IN (a) IN GENERAL.—Not later than 90 days after diate family’, with respect to an accused, means THE EXECUTION OF FUNCTIONS AND the date the of enactment of this Act, the Sec- a spouse, parent, brother or sister, child of the MISSIONS OF THE NATIONAL GUARD retary of the Navy shall submit to the Commit- BUREAU. accused, a person to whom the accused stands tees on Armed Services of the Senate and the Section 10508(b)(1) of title 10, United States in loco parentis, and any other person who lives House of Representatives a report on the ade- Code, is amended by striking ‘‘sections 2103,’’ in the household involved and is related by quacy of individual training for certain and all that follows through ‘‘of title 32,’’ and blood or marriage to the accused. watchstations, including any planned or rec- inserting ‘‘sections 2102, 2103, 2105, and 3101, ‘‘(2) INTIMATE PARTNER.—The term ‘intimate ommended changes in qualification standards and subchapter IV of chapter 53, of title 5, or partner’, with respect to an accused, means— for such watchstations. sections 328 and 709 of title 32,’’. ‘‘(A) a former spouse of the accused; (b) WATCHSTATIONS.—The watchstations cov- SEC. 524. REPEAL OF PROHIBITION ON SERVICE ‘‘(B) a person who has a child in common ON ARMY RESERVE FORCES POLICY ered by the report required by subsection (a) are with the accused; COMMITTEE BY MEMBERS ON AC- the following: ‘‘(C) a person who cohabits or has cohabited TIVE DUTY. (1) Officer of the Deck. as a spouse with the accused; or Section 10302 of title 10, United States Code, is (2) Combat Information Center Watch Officer. ‘‘(D) a person who is or has been in a social amended— (3) Tactical Action Officer. relationship of a romantic or intimate nature

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4084 CONGRESSIONAL RECORD — SENATE June 19, 2018 with the accused, as determined by the length of (1) by redesignating subsections (d) and (e) as ‘‘(A) The term ‘contact’ includes contact in the relationship, the type of relationship, and subsections (e) and (f), respectively; and person or through a third party, or through the frequency of interaction between the person (2) by inserting after subsection (c) the fol- gifts, and the accused. lowing new subsection (d): ‘‘(B) The term ‘communication’ includes com- ‘‘(3) PROTECTION ORDER.—The term ‘protec- ‘‘(d) AUTHORITIES.— munication in person or through a third party, tion order’ means— ‘‘(1) HEARINGS.—The Advisory Committee may and by telephone or in writing by letter, data ‘‘(A) a military protective order enforceable hold such hearings, sit and act at such times fax, or other electronic means. under section 890 of this title (article 90); or and places, take such testimony, and receive ‘‘(d) DUE PROCESS.— ‘‘(B) a protection order, as defined in section such evidence as the committee considers appro- ‘‘(1) PROTECTION OF DUE PROCESS.—Except as 2266 of title 18 and, if issued by a State, Indian priate to carry out its duties under this section. provided in paragraph (2), a protective order de- tribal, or territorial court, is in accordance with ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.— scribed in subsection (c) may only be issued the standards specified in section 2265 of such Upon request by the chair of the Advisory Com- after the person to be subject to the order has title. mittee, a department or agency of the Federal received such notice and opportunity to be ‘‘(4) STRANGLING.—The term ‘strangling’ Government shall provide information that the heard on the order as the President shall pre- means intentionally or knowingly impeding the Advisory Committee considers necessary to carry scribe. normal breathing or circulation of the blood of out its duties under this section.’’. ‘‘(2) EMERGENCY ORDERS.—A protective order a person by applying pressure to the throat or SEC. 544. PROTECTIVE ORDERS AGAINST INDIVID- on an emergency basis may be issued on an ex neck, regardless of whether the impeding results UALS SUBJECT TO THE UNIFORM parte basis under such rules and limitations as in any visible injury or whether there is any in- CODE OF MILITARY JUSTICE. the President shall prescribe. tent to kill or protractedly injure the victim. (a) PROTECTIVE ORDERS.— ‘‘(e) NATURE AND SCOPE OF PROTECTIVE OR- ‘‘(5) SUFFOCATING.—The term ‘suffocating’ (1) IN GENERAL.—Subchapter II of chapter 47 DERS.—The President shall prescribe any re- means intentionally or knowingly impeding the of title 10, United States Code (the Uniform quirements or limitations applicable to nature normal breathing of a person by covering the Code of Military Justice), is amended by insert- and scope of protective orders described in sub- mouth or the nose, regardless of whether the im- ing after section 809 (article 9) the following section (c), including requirements and limita- peding results in any visible injury or whether new section (article): tions relating to the following: there is any intent to kill or protractedly injure ‘‘§ 809a. Art. 9a. Protective orders ‘‘(1) The duration of protective orders on an the victim. emergency basis, and of other protective orders. ‘‘(a) ISSUANCE AUTHORIZED.— ‘‘(6) VIOLENT OFFENSE.—The term ‘violent of- ‘‘(1) IN GENERAL.—In accordance with such ‘‘(2) The scope of protective orders on an fense’ means a violation of any of the provisions regulations as the President may prescribe and emergency basis, and of other protective orders. of this chapter as follows: subject to the provisions of this section, upon ‘‘(f) COMMAND MATTERS.— ‘‘(A) Section 918 of this title (article 118). proper application therefor pursuant to sub- ‘‘(1) DELIVERY TO COMMANDER.—A copy of a ‘‘(B) Section 919(a) of this title (article 119(a)). protective order described in subsection (c) ‘‘(C) Section 919a of this title (article 119a). section (b), a military judge or military mag- istrate may issue the following: against a member of the armed forces shall be ‘‘(D) Section 920 of this title (article 120). provided to such commanding officer in the ‘‘(E) Section 920b of this title (article 120b). ‘‘(A) A protective order described in subsection (c) on an emergency basis against a person sub- chain of command of the member as the Presi- ‘‘(F) Section 922 of this title (article 122). dent shall prescribe for purposes of this section. ‘‘(G) Section 925 of this title (article 125). ject to this chapter. ‘‘(B) A protective order described in subsection ‘‘(2) INCLUSION IN PERSONNEL FILE.—Any pro- ‘‘(H) Section 926 of this title (article 126). tective order described in subsection (c) against ‘‘(I) Section 928 of this title (article 128). (c), other than a protective order on an emer- gency basis, against a person subject to this a member shall be placed and retained in the ‘‘(J) Section 928a of this title (article 128a). military personnel file of the member. ‘‘(K) Section 930 of this title (article 130).’’. chapter. ‘‘(2) OTHER PROTECTIVE ORDERS.—Nothing in ‘‘(3) NOTICE TO CIVILIAN LAW ENFORCEMENT OF (2) CLERICAL AMENDMENT.—The table of sec- ISSUANCE.—Any protective order described in tions at the beginning of subchapter X of chap- this section may be construed as limiting or al- tering any authority of a military judge or mili- subsection (c) against a member shall be treated ter 47 of such title (the Uniform Code of Military as a military protective order for purposes of Justice) is amended by inserting after the item tary magistrate to issue a protective order, other than a protective order described in subsection section 1567a of this title, including for purposes relating to section 928a (article 128a) the fol- of mandatory notification of issuance to civilian lowing new item: (c), against a person subject to this chapter under any other provision of law or regulation. law enforcement as required by that section. ‘‘928b. 128b. Domestic violence.’’. ‘‘(b) APPLICATION.— ‘‘(4) AUTHORITY OF COMMANDING OFFICERS.— (b) EFFECTIVE DATE.—The amendments made ‘‘(1) IN GENERAL.—Application for a protective Nothing in this section may be construed as pro- by this section shall take effect on January 1, order under this section shall be made in accord- hibiting a commanding officer from issuing or 2019, immediately after the coming into effect of ance with such requirements and procedures as enforcing any otherwise lawful order in the na- the amendments made by the Military Justice the President shall prescribe. Such requirements ture of a protective order described in subsection Act of 2016 (division E of Public Law 114–328) as and procedures shall, to the extent practicable, (c) to or against members of the officer’s com- provided in section 5542 of that Act (130 Stat. conform to the requirements and procedures mand. 2967; 10 U.S.C. 801 note). generally applicable to applications for protec- ‘‘(g) DELIVERY TO CERTAIN PERSONS.—A phys- SEC. 542. INCLUSION OF STRANGULATION AND tive orders in civilian jurisdictions of the United ical copy of any protective order described in SUFFOCATION IN CONDUCT CONSTI- States. subsection (c) shall be provided, as soon as prac- TUTING AGGRAVATED ASSAULT FOR ‘‘(2) ELIGIBILITY.—Application for a protective ticable after issuance, to the following: PURPOSES OF THE UNIFORM CODE ‘‘(1) The person or persons protected by the OF MILITARY JUSTICE. order may be made by any individual. The regu- protective order or to the guardian of such a (a) IN GENERAL.—Subsection (b) of section 928 lations prescribed for purposes of this section may not limit eligibility for application to judge person if such person is under the age of 18 of title 10, United States Code (article 128 of the years. Uniform Code of Military Justice), is amended— advocates or other attorneys or to military com- manders or other members of the armed forces. ‘‘(2) The person subject to the protective (1) in paragraph (1), by striking ‘‘or’’ at the order. end; ‘‘(c) PROTECTIVE ORDERS.— ‘‘(h) ENFORCEMENT.—A protective order de- (2) in paragraph (2), by adding ‘‘or’’ after the ‘‘(1) IN GENERAL.—A protective order described in this subsection is an order that— scribed in subsection (c) shall be enforceable by semicolon; and a military judge or military magistrate under (3) by inserting after paragraph (2) the fol- ‘‘(A) restrains a person from harassing, stalk- such rules, and subject to such requirements lowing new paragraph: ing, threatening, or otherwise contacting or and limitations, as the President shall pre- ‘‘(3) who commits an assault by strangulation communicating with another person who stands scribe.’’. or suffocation;’’. in relation to the person as described in sub- (2) CLERICAL AMENDMENT.—The table of sec- (b) EFFECTIVE DATE.—The amendments made section (d)(8) or (g)(8) of section 922 of title 18, tions at the beginning of subchapter II of chap- by subsection (a) shall take effect on January 1, or engaging in other conduct that would place ter 47 of such title is amended by inserting after 2019, immediately after the coming into effect of such other person in reasonable fear of bodily the item relating to section 809 (article 9) the fol- the amendment made by section 5441 of the Mili- injury to any such other person; and lowing new item: tary Justice Act of 2016 (division E of Public ‘‘(B) by its terms, explicitly prohibits— Law 114–328; 130 Stat. 2954) as provided in sec- ‘‘(i) the use, attempted use, or threatened use ‘‘809a. 9a. Protective orders.’’. tion 5542 of that Act (130 Stat. 2967; 10 U.S.C. of physical force by the person against another (b) AUTHORITY OF MILITARY MAGISTRATES.— 801 note). person who stands in relation to the person as (1) IN GENERAL.—Section 826a(b) of title 10, described in subsection (d)(8) or (g)(8) of section United States Code (article 26a(b) of the Uni- SEC. 543. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, 922 of title 18 that would reasonably be expected form Code of Military Justice), is amended by PROSECUTION, AND DEFENSE OF to cause bodily injury; striking ‘‘819 or 830a of this title (article 19 or SEXUAL ASSAULT IN THE ARMED ‘‘(ii) the initiation by the person restrained of 30a)’’ and inserting ‘‘809a, 819, or 830 of this FORCES. any contact or communication with such other title (article 9a, 19, or 30a)’’. Section 546 of the Carl Levin and Howard P. person; or (2) EFFECTIVE DATE.—The amendment made ‘‘Buck’’ McKeon National Defense Authoriza- ‘‘(iii) actions described by both clauses (i) and by paragraph (1) shall take effect on January 1, tion Act for Fiscal Year 2015 (10 U.S.C. 1561 (ii). 2019, immediately after the coming into effect note) is amended— ‘‘(2) DEFINITIONS.—In this subsection: pursuant to section 5542 of the Military Justice

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4085 Act of 2016 (division E of Public Law 114–328; specify as an alleged covered violence offense January 1, 2019, as the President shall specify 130 Stat. 2967; 10 U.S.C. 801 note) of the amend- for purposes of this section. for purposes of this section. ment made by section 5185 of the Military Jus- ‘‘(D) An attempt to commit an offense speci- (2) DATE SPECIFIED.—In specifying a date for tice Act of 2016 (130 Stat. 2902), to which the fied in subparagraph (A), (B), or (C) as punish- purposes of paragraph (1), the President shall amendment made by paragraph (1) relates. able under section 880 of this title (article 80 of specify a date that permits the Secretaries con- SEC. 545. EXPANSION OF ELIGIBILITY FOR SPE- the Uniform Code of Military Justice). cerned and the Armed Forces the opportunity to CIAL VICTIMS’ COUNSEL SERVICES. ‘‘(E) A conspiracy to commit an offense speci- assess and properly allocate the personnel and (a) IN GENERAL.—Subsection (a) of section fied in subparagraph (A), (B), or (C) as punish- other resources required to fully implement and 1044e of title 10, United States Code, is amended able under section 881 of this title (article 81 of carry out the amendments made by this section. by striking ‘‘alleged sex-related offense’’ each the Uniform Code of Military Justice). (3) IMPLEMENTATION ACTIVITIES.—During the place it appears and inserting ‘‘alleged covered ‘‘(F) A solicitation to commit an offense speci- period beginning on the date of the enactment violence offense’’. fied in subparagraph (A), (B), or (C) as punish- of this Act and ending on the date specified for (b) TYPES OF LEGAL ASSISTANCE AUTHOR- able under section 882 of this title (article 82 of purposes of paragraph (1), the Secretaries con- IZED.—Subsection (b) of such section is amend- the Uniform Code of Military Justice). cerned and the Armed Forces shall— ed— ‘‘(2) ALLEGED DOMESTIC VIOLENCE OFFENSE.— (A) establish mechanisms to ensure that a pri- (1) by striking ‘‘the alleged sex-related of- The term ‘alleged domestic violence offense’ ority is afforded in the discharge of duties of fense’’ each place it appears and inserting ‘‘the means any allegation of the following: Special Victims’ Counsel under the amendments alleged covered violence offense’’; and ‘‘(A) A violation of section 919b of this title made by this section to serious cases of child (2) in paragraph (3), by inserting ‘‘if and as (article 119b of the Uniform Code of Military abuse and other domestic violence (including applicable,’’ after ‘‘or domestic abuse advo- Justice). cases involving aggravated assault and serious cate,’’. ‘‘(B) A violation of section 920, 928 (if the of- neglect that could result in serious injury or (c) AVAILABILITY OF SVCS.—Such section is fense was aggravated), or 930 of this title (arti- death); and further amended— cle 120, 128, or 130 of the Uniform Code of Mili- (B) strongly consider the advisability of em- (1) in subsection (b)(10), by striking ‘‘sub- tary Justice) in which the victim of the violation ploying civilians to perform duties of Special section (h)’’ and inserting ‘‘subsection (j)’’; is a spouse or other intimate partner of the ac- Victims’ Counsel in the matters covered by the (2) by redesignating subsections (g) and (h) as cused or a child of the spouse or other intimate amendments in the event the number of military subsections (i) and (j), respectively; partner of the accused and the accused. Special Victims’ Counsel is insufficient for the (3) in subsection (f)— ‘‘(C) A violation of any other provision of full and effective discharge of such duties. (A) by striking the subsection heading and in- chapter 47 of this title (the Uniform Code of (4) SECRETARIES CONCERNED DEFINED.—In this serting ‘‘AVAILABILITY OF SVCSINCONNECTION Military Justice) that the Secretary of Defense subsection, the term ‘‘Secretaries concerned’’ WITH SEX-RELATED OFFENSES.—’’; and and the Secretary of Homeland Security jointly has the meaning given that term in section (B) in paragraph (1), by inserting ‘‘an alleged specify as an alleged domestic violence offense 101(a)(9) of title 10, United States Code. covered violence offense that is’’ before ‘‘an al- for purposes of this section. SEC. 546. CLARIFICATION OF EXPIRATION OF leged sex-related offense’’ the first place it ap- ‘‘(D) An attempt to commit an offense speci- TERM OF APPELLATE MILITARY pears; and fied in subparagraph (A), (B), or (C) as punish- JUDGES OF THE UNITED STATES (4) by inserting after subsection (f) the fol- able under section 880 of this title (article 80 of COURT OF MILITARY COMMISSION lowing new subsections: the Uniform Code of Military Justice). REVIEW. ‘‘(g) AVAILABILITY OF SVCSINCONNECTION ‘‘(E) A conspiracy to commit an offense speci- (a) IN GENERAL.—Section 950f(b) of title 10, WITH DOMESTIC VIOLENCE OFFENSES.—(1) An fied in subparagraph (A), (B), or (C) as punish- United States Code, is amended by adding at the individual described in subsection (a)(2) who is able under section 881 of this title (article 81 of end the following new paragraph: the victim of an alleged covered violence offense the Uniform Code of Military Justice). ‘‘(6) The term of an appellate military judge that is an alleged domestic violence offense shall ‘‘(F) A solicitation to commit an offense speci- assigned to the Court under paragraph (2) or be offered the option of receiving assistance fied in subparagraph (A), (B), or (C) as punish- appointed to the Court under paragraph (3) from a Special Victims’ Counsel upon report of able under section 882 of this title (article 82 of shall expire on the earlier of the date on an alleged domestic violence offense or at the the Uniform Code of Military Justice). which— time the victim seeks assistance from a Family ‘‘(3) ALLEGED SEX-RELATED OFFENSE.—The ‘‘(A) the judge leaves active duty; or Advocate, a domestic violence victim advocate, a term ‘alleged sex-related offense’ means any al- ‘‘(B) the judge is reassigned to other duties in military criminal investigator, a victim/witness legation of the following: accordance with section 949b(b)(4) of this title.’’. liaison, a trial counsel, a healthcare provider, or ‘‘(A) A violation of section 920, 920b, 920c, or (b) APPLICABILITY.—The amendment made by any other personnel designated by the Secretary 930 of this title (article 120, 120b, 120c, or 130 of subsection (a) shall apply to each judge of the concerned for purposes of this subsection. the Uniform Code of Military Justice). United States Court of Military Commission Re- ‘‘(2) Paragraphs (2) and (3) of subsection (f) ‘‘(B) A violation of any other provision of view serving on that court on the date of the en- shall apply to the availability of Special Vic- chapter 47 of this title (the Uniform Code of actment of this Act and each judge assigned or tims’ Counsel under this subsection to victims of Military Justice) that the Secretary of Defense appointed to that court on or after such date. an alleged domestic violence offense. and the Secretary of Homeland Security jointly SEC. 547. EXPANSION OF POLICIES ON EXPE- ‘‘(h) AVAILABILITY OF SVCSINCONNECTION specify as an alleged sex-related offense for pur- DITED TRANSFER OF MEMBERS OF WITH OTHER COVERED VIOLENCE OFFENSES.— poses of this section. THE ARMED FORCES WHO ARE VIC- An individual described in subsection (a)(2) who ‘‘(C) An attempt to commit an offense speci- TIMS OF SEXUAL ASSAULT. is the victim of an alleged covered violence of- fied in subparagraph (A) or (B) as punishable (a) ELIGIBILITY OF ADDITIONAL MEMBERS FOR fense (other than an alleged offense covered by under section 880 of this title (article 80 of the TRANSFER.—The Secretary of Defense shall mod- subsection (f) or (g)) shall be offered the option Uniform Code of Military Justice). ify section 105.9 of title 32, Code of Federal Reg- of receiving assistance from a Special Victims’ ‘‘(D) A conspiracy to commit an offense speci- ulations, and any other regulations and policy Counsel upon report of such alleged covered vio- fied in subparagraph (A) or (B) as punishable of the Department of Defense applicable to the lence offense or at the time the victim seeks as- under section 881 of this title (article 81 of the expedited transfer of members of the Armed sistance from a military criminal investigator, a Uniform Code of Military Justice). Forces who allege they are a victim of sexual as- victim/witness liaison, a trial counsel, a ‘‘(E) A solicitation to commit an offense speci- sault, in order to provide that a member of the healthcare provider, or any other personnel des- fied in subparagraph (A) or (B) as punishable Armed Forces described in subsection (b) is eligi- ignated by the Secretary concerned for purposes under section 882 of this title (article 82 of the ble for expedited transfer under such regula- of this subsection.’’. Uniform Code of Military Justice).’’. tions and policy in connection with an allega- (d) DEFINITIONS.—Subsection (i) of such sec- (e) CONFORMING AND CLERICAL AMEND- tion as described in that paragraph. tion, as redesignated by subsection (c)(2) of this MENTS.— (b) COVERED MEMBERS.—A member of the section, is further amended to read as follows: (1) HEADING AMENDMENT.—The heading of Armed Forces described in this subsection is any ‘‘(i) DEFINITIONS.—In this section: such section is amended to read as follows: member as follows: ‘‘(1) ALLEGED COVERED VIOLENCE OFFENSE.— (1) A member who is an alleged victim of sex- ‘‘§ 1044e. Special Victims’ Counsel: victims of The term ‘alleged covered violence offense’ ual assault committed by the spouse or intimate sex-related offenses, domestic violence of- means any allegation of the following: partner of the member, which spouse or intimate fenses, and other violence offenses’’. ‘‘(A) A violation of section 918, 919, 919a, 920, partner is not a member of the Armed Forces. 920b, 925, 928a, or 930 of this title (article 118, (2) TABLE OF SECTIONS.—The table of sections (2) A member who is an alleged victim of phys- 119, 119a, 120, 120b, 125, 128a, or 130 of the Uni- at the beginning of chapter 53 of such title is ical domestic violence (other than sexual as- form Code of Military Justice). amended by striking the item relating to section sault) committed by the spouse or intimate part- ‘‘(B) A violation of subsection (b) of section 1044e and inserting the following new item: ner of the member, regardless of whether the 928 of this title (article 128 of the Uniform Code ‘‘1044e. Special Victims’ Counsel: victims of sex- spouse or intimate partner is a member of the of Military Justice), if the offense was aggra- related offenses, domestic violence Armed Forces. vated. offenses, and other violence of- (c) PHYSICAL DOMESTIC VIOLENCE.—In car- ‘‘(C) A violation of any other provision of fenses.’’. rying out subsection (a), the Secretary shall pre- chapter 47 of this title (the Uniform Code of (f) EFFECTIVE DATE.— scribe the offenses or other actions constituting Military Justice) that the Secretary of Defense (1) IN GENERAL.—The amendments made by physical domestic violence for purposes of sub- and the Secretary of Homeland Security jointly this section shall take effect on such date after section (b)(2).

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4086 CONGRESSIONAL RECORD — SENATE June 19, 2018

SEC. 548. UNIFORM COMMAND ACTION FORM ON (b) HEALTH PROFESSIONS SCHOLARSHIP AND (1) by redesignating subsections (b) through DISPOSITION OF UNRESTRICTED FINANCIAL ASSISTANCE PROGRAM.—Section (e) as subsections (c) through (f), respectively; SEXUAL ASSAULT CASES INVOLVING 2123(b) of such title is amended— and MEMBERS OF THE ARMED FORCES. (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (2) by inserting after subsection (a) the fol- (a) UNIFORM FORM REQUIRED.—The Secretary (2) by adding at the end the following new lowing new subsection (b): of Defense shall establish a uniform command paragraph: ‘‘(b) PROFESSIONAL CREDENTIALS NOT RE- action form, applicable across the Armed Forces, ‘‘(2) A commissioned service obligation in- LATED TO MILITARY TRAINING AND SKILLS.— for reporting the final disposition of cases of curred as a result of participation in a military Under the program required by this section, the sexual assault in which— intern, residency, or fellowship training pro- Secretary of Defense, and the Secretary of (1) the alleged offender is a member of the gram shall be served consecutively with the ac- Homeland Security, with respect to the Coast Armed Forces; and tive duty obligation imposed by this section and Guard when it is not operating as a service in (2) the victim files an unrestricted report on by any other provision of this title for education the alleged assault. the Navy, may enable members of the armed or training.’’. forces to obtain, while serving in the armed (b) ELEMENTS.—The form required by sub- (c) EFFECTIVE DATE.—The amendments made forces, professional credentials for which such section (a) shall provide for the inclusion of in- by this section shall apply to individuals begin- members are other otherwise qualified that do formation on the following: ning participation in a military intern, resi- not relate to military training and skills if such (1) The final disposition of the case. dency, or fellowship training program on or Secretary determines that such action is in the (2) Appropriate demographic information on after January 1, 2020. best interests of the United States.’’. the victim and the alleged offender. SEC. 553. CLARIFICATION OF APPLICATION AND (3) The status of the alleged offender as of HONORABLE SERVICE REQUIRE- SEC. 557. ENHANCEMENT OF AUTHORITIES IN final disposition of the case. MENTS UNDER THE TROOPS-TO- CONNECTION WITH JUNIOR RE- (4) Whether the victim received assistance TEACHERS PROGRAM TO MEMBERS SERVE OFFICERS’ TRAINING CORPS from a Special Victims’ Counsel in connection OF THE RETIRED RESERVE. PROGRAMS. with the case. (a) IN GENERAL.—Paragraph (2)(B) of section (a) FLEXIBILITY IN AUTHORITIES FOR MANAGE- (5) Whether the victim was disciplined for any 1154(d) of title 10, United States Code, is amend- MENT OF PROGRAMS AND UNITS.— collateral misconduct in connection with the ed— (1) IN GENERAL.—Chapter 102 of title 10, case. (1) by inserting ‘‘(A)(iii),’’ after ‘‘A(i),’’; United States Code, is amended by adding at the (6) The number of years working in a criminal (2) by inserting ‘‘transferred to the Retired end the following new section: justice litigation billet of any trial counsel who Reserve, or’’ after ‘‘member is retired,’’; and ‘‘§ 2034. Flexibility in authorities for manage- (3) by striking ‘‘separated,’’ and inserting prosecuted or otherwise consulted on the case. ment of programs and units ‘‘separated’’. SEC. 549. INCLUSION OF INFORMATION ON CER- ‘‘(a) AUTHORITY TO CONVERT OTHERWISE TAIN COLLATERAL CONDUCT OF VIC- (b) CONFORMING AMENDMENTS.—The second CLOSING UNITS TO NATIONAL DEFENSE CADET TIMS OF SEXUAL ASSAULT IN AN- sentence of paragraph (3)(D) of such section is NUAL REPORTS ON SEXUAL ASSAULT amended— CORPS PROGRAM UNITS.—If the Secretary of a INVOLVING MEMBERS OF THE (1) by inserting ‘‘, the transfer of the member military department is notified by a local edu- ARMED FORCES. to the Retired Reserve,’’ after ‘‘retirement of the cational agency of the intent of the agency to Section 1631(b) of the Ike Skelton National member’’; and close its Junior Reserve Officers’ Training Defense Authorization Act for Fiscal Year 2011 (2) by inserting ‘‘transfer,’’ after ‘‘after the re- Corps, the Secretary shall offer the agency the (10 U.S.C. 1561 note) is amended by adding at tirement,’’. option of converting the unit to a National De- the end the following new paragraph: SEC. 554. PROHIBITION ON USE OF FUNDS FOR fense Cadet Corps (NDCC) program unit in lieu ‘‘(13) Information on the frequency with ATTENDANCE OF ENLISTED PER- of closing the unit. which individuals who were identified as victims SONNEL AT SENIOR LEVEL AND IN- ‘‘(b) FLEXIBILITY IN ADMINISTRATION OF IN- TERMEDIATE LEVEL OFFICER PRO- of sexual assault in case files of military crimi- STRUCTORS.— FESSIONAL MILITARY EDUCATION nal investigative organizations were also ac- COURSES. ‘‘(1) IN GENERAL.—The Secretaries of the mili- cused of or punished for misconduct or crimes (a) PROHIBITION.—None of the funds author- tary departments may, without regard to any considered collateral to the sexual assault under ized to be appropriated or otherwise made avail- other provision of this chapter, undertake ini- investigation by such organizations, including able for the Department of Defense may be obli- tiatives designed to promote flexibility in the the type of misconduct or crime and the punish- gated or expended for the purpose of the attend- hiring and compensation of instructors for the ment, if any, received.’’. ance of enlisted personnel at senior level and in- Junior Reserve Officers’ Training Corps program Subtitle E—Member Education, Training, termediate level officer professional military under the jurisdiction of such Secretaries. Transition, and Resilience education courses. ‘‘(2) ELEMENTS.—The initiatives undertaken pursuant to this subsection may provide for one SEC. 551. CONSECUTIVE SERVICE OF SERVICE OB- (b) SENIOR LEVEL AND INTERMEDIATE LEVEL LIGATION IN CONNECTION WITH OFFICER PROFESSIONAL MILITARY EDUCATION or more of the following: PAYMENT OF TUITION FOR OFF- COURSES DEFINED.—In this section, the term ‘‘(A) Termination of the requirement for a DUTY TRAINING OR EDUCATION FOR ‘‘senior level and intermediate level officer pro- waiver as a condition of the hiring of well- COMMISSIONED OFFICERS OF THE fessional military education courses’’ means any qualified non-commissioned officers with a ARMED FORCES WITH ANY OTHER course offered by a school specified in section bachelor’s degree for senior instructor positions SERVICE OBLIGATIONS. 2151(b) of title 10, United States Code. within the Junior Reserve Officers’ Training (a) IN GENERAL.—Section 2007(b) of title 10, (c) REPEAL OF SUPERSEDED LIMITATION.— Corps. United States Code, is amended by adding at the (1) IN GENERAL.—Section 547 of the National ‘‘(B) Specification of a single instructor as the end the following new paragraph: Defense Authorization Act for Fiscal Year 2018 minimum number of instructors required to ‘‘(3) Any active duty service obligation of a (Public Law 115–91) is repealed. found and operate a Junior Reserve Officers’ commissioned officer under this subsection shall (2) PRESERVATION OF CERTAIN REPORTING RE- Training Corps unit. be served consecutively with any other service QUIREMENT.—The repeal in paragraph (1) shall ‘‘(C) Authority for Junior Reserve Officers’ obligation of the officer (whether active duty or not be interpreted to terminate the requirement Training Corps instructors to undertake school otherwise) under any other provision of law.’’. of the Comptroller General of the United States duties, in addition to Junior Reserve Officers’ (b) EFFECTIVE DATE.—The amendment made to submit the report required by subsection (c) of Training Corps duties, at small schools. by this section shall take effect on the date of section 547 of the National Defense Authoriza- ‘‘(D) Authority for the payment of instructor the enactment of this Act, and shall apply with tion Act for Fiscal Year 2018. compensation for a limited number of Junior Re- respect to agreements for the payment of tuition SEC. 555. REPEAL OF PROGRAM ON ENCOURAGE- serve Officers’ Training Corps instructors on a for off-duty training or education that are en- MENT OF POSTSEPARATION PUBLIC 10-month per year basis rather than a 12-month tered into on or after that date. AND COMMUNITY SERVICE. per year basis. SEC. 552. CONSECUTIVE SERVICE OF ACTIVE (a) REPEAL.— ‘‘(E) Such other actions as the Secretaries of SERVICE OBLIGATIONS FOR MED- (1) IN GENERAL.—Section 1143a of title 10, the military departments consider appropriate. ICAL TRAINING WITH OTHER SERV- United States Code, is repealed. ‘‘(c) FLEXIBILITY IN ALLOCATION AND USE OF ICE OBLIGATIONS FOR EDUCATION (2) CLERICAL AMENDMENT.—The table of sec- TRAVEL FUNDING.—The Secretaries of the mili- OR TRAINING. tions at the beginning of chapter 58 of such title tary departments shall take appropriate actions (a) UNIFORMED SERVICES UNIVERSITY OF THE is amended by striking the item relating to sec- to provide so-called regional directors of the HEALTH SCIENCES.—Section 2114(d) of title 10, tion 1143a. Junior Reserve Officers’ Training Corps pro- United States Code, is amended— (b) CONFORMING AMENDMENTS.—Section (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 1144(b) of such title is amended— grams located at remote rural schools enhanced (2) by adding at the end the following new (1) by striking paragraph (8); and discretion in the allocation and use of funds for paragraph: (2) by redesignating paragraphs (9), (10), and travel in connection with Junior Reserve Offi- ‘‘(2) A commissioned service obligation in- (11) as paragraphs (8), (9), and (10), respec- cers’ Training Corps activities. curred as a result of participation in a military tively. ‘‘(d) STANDARDIZATION OF PROGRAM DATA.— intern, residency, or fellowship training pro- SEC. 556. EXPANSION OF AUTHORITY TO ASSIST The Secretary of Defense shall take appropriate gram shall be served consecutively with the com- MEMBERS IN OBTAINING PROFES- actions to standardize the data collected and missioned service obligation imposed by this sec- SIONAL CREDENTIALS. maintained on the Junior Reserve Officers’ tion and by any other provision of this title for Section 2015 of title 10, United States Code, is Training Corps programs in order to facilitate education or training.’’. amended— and enhance the collection and analysis of such

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4087 data. Such actions shall include a requirement Education Activity shall establish policies and SEC. 567. EXPANSION OF PERIOD OF AVAIL- for the use of the National Center for Education procedures to protect students at schools of the ABILITY OF MILITARY ONESOURCE Statistics (NCES) identification code for each Activity who are victims of sexual harassment. PROGRAM FOR RETIRED AND DIS- school with a unit under a Junior Reserve Offi- Such policies and procedures shall afford pro- CHARGED MEMBERS OF THE ARMED FORCES AND THEIR IMMEDIATE cers’ Training Corps program in order to facili- tections at least comparable to the protections FAMILIES. tate identification of such schools and their afforded under title IX. (a) IN GENERAL.—Under regulations pre- units under the Junior Reserve Officers’ Train- (c) ELEMENTS.—The policies and procedures scribed by the Secretary of Defense, the period ing Corps programs.’’. required by subsection (b) shall include, at a of eligibility for the Military OneSource program (2) CLERICAL AMENDMENT.—The table of sec- minimum, the following: of the Department of Defense of an eligible indi- tions at the beginning of chapter 102 of such (1) A policy addressing sexual harassment of vidual retired, discharged, or otherwise released title is amended by adding at the end the fol- students at the schools of the Department of De- from the Armed Forces, and for the eligible im- lowing new item: fense Education Activity that uses and incor- mediate family members of such an individual, ‘‘2034. Flexibility in authorities for management porates terms, procedures, protections, inves- shall be the one-year period beginning on the of programs and units.’’. tigation standards, and standards of evidence date of the retirement, discharge, or release, as (b) AUTHORITY FOR ADDITIONAL UNITS.—The consistent with title IX. applicable, of such individual. Secretaries of the military departments may, (2) A procedure by which— (b) INFORMATION TO FAMILIES.—The Secretary using amounts authorized to be appropriated by (A) a student of a school of the Activity, or a shall, in such manner as the Secretary considers this Act and available in the funding tables in parent of such a student, may file a complaint appropriate, inform military families and fami- sections 4301 and 4401 for purposes of the Junior with the school alleging an incident of sexual lies of veterans of the Armed Forces of the wide Reserve Officers’ Training Corps programs, es- harassment at the school; and range of benefits available through the Military tablish an aggregate of not more than 100 units (B) such a student or parent may appeal the OneSource program. under the Junior Reserve Officers’ Training decision of the school regarding such complaint. (3) A procedure and mechanisms for the ap- SEC. 568. EXPANSION OF AUTHORITY FOR NON- Corps programs in low-income and rural areas COMPETITIVE APPOINTMENTS OF of the United States and areas of the United pointment and training of, and allocation of re- MILITARY SPOUSES BY FEDERAL States currently underserved by the Junior Re- sponsibility to, a coordinator at each school of AGENCIES. serve Officers’ Training Corps programs. the Activity for sexual harassment matters in- (a) EXPANSION TO INCLUDE ALL SPOUSES OF Subtitle F—Defense Dependents’ Education volving students from the military community MEMBERS OF THE ARMED FORCES ON ACTIVE and Military Family Readiness Matters served by such school. DUTY.—Section 3330d of title 5, United States (4) Training of employees of the Activity, and PART I—DEFENSE DEPENDENTS’ Code, is amended— volunteers at schools of the Activity, on the (1) in subsection (a)— EDUCATION MATTERS policies and procedures. (A) by striking paragraphs (3), (4), and (5); SEC. 561. CONTINUATION OF AUTHORITY TO AS- (5) Mechanisms for the broad distribution and and SIST LOCAL EDUCATIONAL AGEN- display of the policy described in paragraph (1), (B) by redesignating paragraph (6) as para- CIES THAT BENEFIT DEPENDENTS including on the Internet website of the Activity OF MEMBERS OF THE ARMED graph (3); FORCES AND DEPARTMENT OF DE- and on Internet websites of schools of the Activ- (2) by striking subsections (b) and (c) and in- FENSE CIVILIAN EMPLOYEES. ity, in printed and online versions of student serting the following new subsection (b): (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT handbooks, and in brochures and flyers dis- ‘‘(b) APPOINTMENT AUTHORITY.—The head of NUMBERS OF MILITARY DEPENDENT STUDENTS.— played on school bulletin boards and in guid- an agency may appoint noncompetitively— Of the amount authorized to be appropriated for ance counselor offices. ‘‘(1) a spouse of a member of the Armed Forces fiscal year 2019 by section 301 and available for (6) Reporting and recordkeeping requirements on active duty; or ‘‘(2) a spouse of a disabled or deceased mem- operation and maintenance for Defense-wide ac- designed to ensure that— ber of the Armed Forces.’’; tivities as specified in the funding table in sec- (A) complaints of sexual harassment at (3) by redesignating subsection (d) as sub- tion 4301, $40,000,000 shall be available only for schools of the Activity are handled— (i) with professionalism and consistency; and section (c); and the purpose of providing assistance to local edu- (4) in subsection (c), as so redesignated, by cational agencies under subsection (a) of section (ii) in a manner that permits coordinators re- ferred to in paragraph (3) to track trends in in- striking ‘‘subsection (a)(6)’’ in paragraph (1) 572 of the National Defense Authorization Act and inserting ‘‘subsection (a)(3)’’. for Fiscal Year 2006 (Public Law 109–163; 20 cidents of sexual harassment and to identify re- peat offenders of sexual harassment; and (b) HEADING AMENDMENT.—The heading of U.S.C. 7703b). such section is amended to read as follows: (b) LOCAL EDUCATIONAL AGENCY DEFINED.— (B) appropriate members of the local leader- In this section, the term ‘‘local educational ship of military communities are held account- ‘‘§ 3330d. Appointment of military spouses’’. agency’’ has the meaning given that term in sec- able for acting upon complaints of sexual har- (c) CLERICAL AMENDMENT.—The table of sec- tion 7013(9) of the Elementary and Secondary assment at schools of the Activity. tions at the beginning of chapter 33 of such title Education Act of 1965 (20 U.S.C. 7713(9)). PART II—MILITARY FAMILY READINESS is amended by striking the item relating to sec- SEC. 562. IMPACT AID FOR CHILDREN WITH SE- MATTERS tion 3330d and inserting the following new item: VERE DISABILITIES. SEC. 566. IMPROVEMENT OF AUTHORITY TO CON- ‘‘3330d. Appointment of military spouses.’’. (a) IN GENERAL.—Of the amount authorized to DUCT FAMILY SUPPORT PROGRAMS SEC. 569. IMPROVEMENT OF MY CAREER AD- be appropriated for fiscal year 2019 pursuant to FOR IMMEDIATE FAMILY MEMBERS VANCEMENT ACCOUNT PROGRAM section 301 and available for operation and OF THE ARMED FORCES ASSIGNED FOR MILITARY SPOUSES. maintenance for Defense-wide activities as spec- TO SPECIAL OPERATIONS FORCES. (a) OUTREACH ON AVAILABILITY OF PRO- ified in the funding table in section 4301, (a) COSTS OF PARTICIPATION OF FAMILY MEM- GRAM.— $10,000,000 shall be available for payments BERS IN PROGRAMS.—Section 1788a of title 10, (1) IN GENERAL.—The Secretary of Defense under section 363 of the Floyd D. Spence Na- United States Code, is amended— shall take appropriate actions to ensure that tional Defense Authorization Act for Fiscal (1) by redesignating subsections (c), (d), and military spouses who are eligible for participa- Year 2001 (as enacted into law by Public Law (e) as subsections (d), (e), and (f), respectively; tion in the My Career Advancement Account 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). and (MyCAA) program of the Department of Defense (b) USE OF CERTAIN AMOUNT.—Of the amount (2) by inserting after subsection (b) the fol- are, to the extent practicable, made aware of the available under subsection (a) for payments as lowing new subsection (c): program. described in that subsection, $5,000,000 shall be ‘‘(c) COSTS OF FAMILY MEMBER PARTICIPA- (2) COMPTROLLER GENERAL REPORT.—Not later available for such payments to local educational TION.—In carrying out family support programs than 180 days after the date of the enactment of agencies determined by the Secretary of De- under this section, the Commander may also this Act, the Comptroller General of the United fense, in the discretion of the Secretary, to have pay, or reimburse immediate family members, for States shall submit to the Committees on Armed higher concentrations of military children with transportation, food, lodging, child care, sup- Services of the Senate and the House of Rep- severe disabilities. plies, fees, and training materials in connection resentatives a report setting forth such rec- SEC. 563. DEPARTMENT OF DEFENSE EDUCATION with the participation of family members in ommendations as the Comptroller General con- ACTIVITY POLICIES AND PROCE- such programs.’’. siders appropriate regarding the following: DURES ON SEXUAL HARASSMENT OF (b) FUNDING.—Subsection (d) of such section, (A) Mechanisms to increase awareness of the STUDENTS OF ACTIVITY SCHOOLS. as redesignated by subsection (a)(1) of this sec- My Career Advancement Account program (a) APPLICABILITY OF TITLE IX PROTEC- tion, is amended— among military spouses who are eligible to par- TIONS.—The provisions of title IX of the Edu- (1) by striking ‘‘up to $5,000,000’’ and insert- ticipate in the program. cation Amendments of 1972 (20 U.S.C. 1681 et ing ‘‘up to $10,000,000’’; and (B) Mechanisms to increase participation in seq.) (in this section referred to as ‘‘title IX’’) (2) by inserting before the period the fol- the My Career Advancement Account program with respect to education programs or activities lowing: ‘‘, including payment of costs of partici- among military spouses who are eligible to par- receiving Federal financial assistance shall pation in such programs as authorized by sub- ticipate in the program. apply equally to education programs and activi- section (c)’’. (b) TRAINING FOR INSTALLATION CAREER ties administered by the Department of Defense (c) TECHNICAL AMENDMENT.—Paragraph (3) of COUNSELORS ON PROGRAM.—The Secretaries of Education Activity (DODEA). subsection (f) of such section, as so redesig- the military departments shall take appropriate (b) POLICIES AND PROCEDURES.—Not later nated, is amended by striking ‘‘section 167(i)’’ actions to ensure that career counselors at mili- than March 31, 2019, the Department of Defense and inserting ‘‘section 167(j)’’. tary installations receive appropriate training

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4088 CONGRESSIONAL RECORD — SENATE June 19, 2018 and current information on eligibility for and member or civilian employee of the armed force (4) To carry out such other duties regarding use of benefits under the My Career Advance- to be represented’’; and the response to child abuse and other domestic ment Account program, including financial as- (B) by striking clause (ii) and inserting the violence at the installation or installations as sistance to cover costs associated with profes- following new clause (ii): the Secretary concerned considers appropriate sional recertification, portability of occupa- ‘‘(ii) One representative, who shall be a mem- for such purposes. tional licenses, professional credential exams, ber or civilian employee of the National Guard (c) PERSONNEL.— and other mechanisms in connection with the Bureau, to represent both the Army National (1) IN GENERAL.—Each multidisciplinary team portability of professional licenses. Guard and the Air National Guard.’’. maintained pursuant to subsection (a) shall be SEC. 570. ACCESS TO MILITARY INSTALLATIONS (2) TERMS.—Paragraph (2) of such subsection composed of the following: FOR CERTAIN SURVIVING SPOUSES is amended— (A) One or more judge advocates. AND OTHER NEXT OF KIN OF MEM- (A) in subparagraph (A)— (B) Appropriate personnel of one or more mili- BERS OF THE ARMED FORCES WHO (i) in the first sentence, by striking ‘‘clauses tary criminal investigation services. DIE WHILE ON ACTIVE DUTY OR CER- (i) and (iii) of’’; and (C) Appropriate mental health professionals. TAIN RESERVE DUTY. (ii) by striking the second sentence; and (D) Appropriate medical personnel. (a) PROCEDURES FOR ACCESS OF SURVIVING (B) in subparagraph (B), by striking ‘‘three (E) Family advocacy case workers. SPOUSES REQUIRED.—The Secretary of Defense, years’’ and inserting ‘‘two years’’. (F) Such other personnel as the Secretary or acting jointly with the Secretary of Homeland (b) DUTIES.—Subsection (d) of such section is Secretaries concerned consider appropriate. Security, shall establish procedures by which an amended— (2) EXPERTISE AND TRAINING.—Any individual eligible surviving spouse may obtain unescorted (1) in paragraph (2), by striking ‘‘military assigned to a multidisciplinary team shall pos- access, as appropriate, to military installations family readiness by the Department of Defense’’ sess such expertise, and shall undertake such in order to receive benefits to which the eligible and inserting ‘‘military family readiness pro- training as is required to maintain such exper- surviving spouse may be entitled by law or pol- grams and activities of the Department of De- tise, as the Secretary concerned shall specify for icy. fense’’; and purposes of this section in order to ensure that (b) ELIGIBLE SURVIVING SPOUSE.— (2) by adding at the end the following new members of the team remain appropriately quali- (1) IN GENERAL.—In this section, the term ‘‘eli- paragraph: fied to carry out the purposes of the team under ‘‘(4) To make recommendations to the Sec- gible surviving spouse’’ means an individual this section. The training and expertise so speci- retary of Defense to improve collaboration, who— fied shall include training and expertise on spe- awareness, and promotion of accurate and time- (A) is a surviving spouse of a member of the cial victims’ crimes, including child abuse and ly military family readiness information and Armed Forces who dies while serving— other domestic violence. support services by policy makers, service pro- (i) on active duty; or (d) COORDINATION AND COLLABORATION WITH (ii) on such reserve duty as the Secretary of viders, and targeted beneficiaries.’’. NON-MILITARY RESOURCES.— Defense and the Secretary of Homeland Security (c) ANNUAL REPORTS.—Subsection (e) of such (1) USE OF COMMUNITY RESOURCES SERVING IN- may jointly specify for purposes of this section; section is amended by striking ‘‘February 1’’ STALLATIONS.—In providing under this section and inserting ‘‘July 1’’. and for a multidisciplinary team for a military in- (B) has guardianship of one or more depend- (d) EFFECTIVE DATE.— stallation or installations that benefit from serv- ent children of such member. (1) IN GENERAL.—The amendments made by ices or resources on child abuse or other domes- (2) STATUS NOT EFFECTED BY REMARRIAGE.— this section shall take effect on the date of the tic violence that are provided by civilian entities An individual is an eligible surviving spouse for enactment of this Act. in the vicinity of the installation or installa- purposes of this section without regard to (2) APPLICABILITY OF MEMBERSHIP AND TERM tions, the Secretary concerned may take the whether the individual remarries after the death AMENDMENTS.—The amendments made by sub- availability of such services or resources to the of the member concerned. section (a) shall apply to members of the De- installation or installations into account in pro- (c) PROCEDURES FOR ACCESS OF NEXT OF KIN partment of Defense Military Family Readiness viding for the composition and duties of the AUTHORIZED.— Council appointed after the date of the enact- (1) IN GENERAL.—The Secretary of Defense, ment of this Act. team. (2) BEST PRACTICES.—The Secretaries con- acting jointly with the Secretary of Homeland SEC. 572. MULTIDISCIPLINARY TEAMS FOR MILI- Security, may establish procedures by which the TARY INSTALLATIONS ON CHILD cerned shall take appropriate actions to ensure next of kin of a deceased member of the Armed ABUSE AND OTHER DOMESTIC VIO- that multidisciplinary teams maintained pursu- Forces, in addition to an eligible surviving LENCE. ant to subsection (a) remain fully and currently spouse, may obtain access to military installa- (a) MULTIDISCIPLINARY TEAMS REQUIRED.— apprised of best practices in the civilian sector tions for such purposes and under such condi- (1) IN GENERAL.—Under regulations prescribed on investigations into and resolutions of inci- tions as the Secretaries jointly consider appro- by each Secretary concerned, there shall be es- dents of child abuse and other domestic violence priate. tablished and maintained for each military in- and on the social services provided in connec- (2) NEXT OF KIN.—If the Secretaries establish stallation, except as provided in paragraph (2), tion with such incidents. procedures pursuant to paragraph (1), the Sec- one or more multidisciplinary teams on child (3) COLLABORATION.—In providing for the en- retaries shall jointly specify the individuals who abuse and other domestic violence for the pur- hancement of social services available to mili- shall constitute next of kin for purposes of such poses specified in subsection (b). tary families in accordance with subsection procedures. (2) SINGLE TEAM FOR PROXIMATE INSTALLA- (b)(3), the Secretaries concerned shall permit, (d) CONSIDERATIONS.—Any procedures estab- TIONS.—A single multidiscipinary team described facilitate, and encourage multidisciplinary lished under this section shall— in paragraph (1) may be established and main- teams to collaborate with appropriate civilian (1) be applied consistently across the Depart- tained under this subsection for two or more agencies in the vicinity of the military installa- ment of Defense and the Department of Home- military installations in proximity with one an- tions concerned with regard to availability, pro- land Security, including all components of the other if the Secretary concerned determines, in vision, and use of such services to and by such Departments; consultation with the Secretary of Defense, that families. (2) minimize any administrative burden on a a single team for such installations suffices to (e) ANNUAL REPORTS.—Not later than March 1 surviving spouse or dependent child, including carry out the purposes of such teams under sub- of each of 2020 through 2022, each Secretary through the elimination of any requirement for section (b) for such installations. concerned shall submit to the Committees on a surviving spouse to apply as a personal agent (b) PURPOSES.—The purposes of each multi- Armed Services of the Senate and the House of for continued access to military installations in disciplinary team maintained pursuant to sub- Representatives a report on the activities of mul- accompaniment of a dependent child; section (a) shall be as follows: tidisciplinary teams maintained pursuant to (3) take into account measures required to en- (1) To provide for the sharing of information subsection (a) under the jurisdiction of such sure the security of military installations, in- among such team and other appropriate per- Secretary during the preceding year. Each re- cluding purpose and eligibility for access and sonnel on the installation or installations con- port shall set forth, for the period covered by renewal periodicity; and cerned regarding the progress of investigations such report, the following: (4) take into account such other factors as the into and resolutions of incidents of child abuse (1) A summary description of the activities of Secretary of Defense or the Secretary of Home- and other domestic violence involving members the multidisciplinary teams concerned, includ- land Security considers appropriate. of the Armed Forces stationed at or otherwise ing the number and composition of such teams, (e) DEADLINE.—The procedures required by assigned to the installation or installations. the recurring activities of such teams, and any subsection (a) shall be established by the date (2) To provide for and enhance collaborative notable achievements of such teams. that is not later than one year after the date of efforts among such team and other appropriate (2) A description of any impediments to the ef- the enactment of this Act. personnel of the installation or installations re- fectiveness of such teams. SEC. 571. DEPARTMENT OF DEFENSE MILITARY garding investigations into and resolutions of (3) Such recommendations for legislative or FAMILY READINESS COUNCIL MAT- such incidents. administrative action as such Secretary con- TERS. (3) To enhance the social services available to siders appropriate in order to improve the effec- (a) MEMBER MATTERS.— military families at the installation or installa- tiveness of such teams. (1) MEMBERSHIP.—Paragraph (1)(B) of sub- tions in connection with such incidents, includ- (4) Such other matters with respect to such section (b) of section 1781a of title 10, United ing through the enhancement of cooperation teams as such Secretary considers appropriate. States Code, is amended— among specialists and other personnel providing (f) SECRETARY CONCERNED.— (A) in clause (i), by striking ‘‘a member of the such services to such military families in con- (1) DEFINITION.—In this section, the term armed force to be represented’’ and inserting ‘‘a nection with such incidents ‘‘Secretary concerned’’ has the meaning given

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4089 that term in section 101(a)(9) of title 10, United (xi) Finding, qualifying for, and participating covered by the program at the birth of a child, States Code. in available community resources with respect to which visits shall follow a research-based struc- (2) USAGE WITH RESPECT TO MULTIPLE INSTAL- infant care, childcare, and parenting support. tured clinical protocol and include use of the LATIONS.—For purposes of this section, any ref- (xii) Planning for parenting or guardianship electronic integrated data described in sub- erence to ‘‘Secretary concerned’’ with respect to of children during deployment. section (a)(3)(D). a single multidisciplinary team established and (xiii) Such other matters as the Secretary con- (B) TIMING OF VISITS.—The first visits under maintained pursuant to subsection (a) for two siders appropriate. subparagraph (A)(ii) shall occur between two or more military installations that are under the (B) If a parent is deployed at the time of and five weeks after hospital discharge with ap- jurisdiction of different Secretaries concerned, birth— propriate follow-up generally accomplished shall be deemed to refer to each Secretary con- (i) the first home visit pursuant to subpara- within two home visits. cerned who has jurisdiction of such an installa- graph (A) shall, to the extent practicable, incor- (C) DURATION OF VISITS.—Visits under this tion, acting jointly. porate both parents, in person with the local paragraph shall have a duration between 90 SEC. 573. PROVISIONAL OR INTERIM CLEAR- parent and by electronic means (such as Skype minutes and 2 hours. ANCES TO PROVIDE CHILDCARE or FaceTime) with the deployed parent; and (D) FINAL VISIT.—Not later than 45 days after SERVICES AT MILITARY CHILDCARE (ii) another such home visit shall be con- the last visit conducted by a nurse under sub- CENTERS. ducted upon the return of the parent from de- paragraph (A)(ii) with respect to an eligible cov- (a) IN GENERAL.—The Secretary of Defense ployment, and shall include both parents. ered beneficiary, appropriate staff shall follow- shall implement a policy to permit the issuance (C) An electronic directory of community re- up with the beneficiary and the beneficiary’s on a provisional or interim basis of clearances sources available to eligible covered beneficiaries family to assess if they are using the services for the provision of childcare services at military and their families in order to assist teams de- recommended under subsection (c). childcare centers. scribed in subparagraph (A) in connecting bene- (e) IMPLEMENTATION ASSESSMENTS.— (b) ELEMENTS.—The policy required by sub- ficiaries and families with such resources. (1) IN GENERAL.—The Secretary shall carry section (a) shall provide for the following: (1) Any clearance issued under the policy (D) An electronic integrated data system to— out not fewer than five implementation assess- (i) support teams in referring beneficiaries to shall be temporary and contingent upon the sat- ments in accordance with this subsection in the services and resources to be offered under isfaction of such requirements for the issuance order to assess the effectiveness of the elements subsection (c)(3) and track beneficiary usage; of a clearance on a permanent basis as the Sec- and requirements of the pilot program. (ii) track interactions between teams described retary considers appropriate. (2) SCHEDULE.—The implementation assess- (2) Any individual issued a clearance on a in subparagraph (A) and eligible beneficiaries ment required by this subsection shall be com- provisional or interim basis under the policy and their families; and pleted by not later than two years after the date (iii) otherwise evaluate the implementation shall be subject to such supervision in the provi- of the enactment of this Act. and effectiveness of the pilot program. sion of childcare services using such clearance (3) LOCATIONS.—The implementation assess- (b) MANDATORY PARTICIPATION.— as the Secretary considers appropriate. ments shall be carried out at not less than five (1) IN GENERAL.—Except as provided in para- (c) CLEARANCE DEFINED.—In this section, the military installations selected by the Secretary term ‘‘clearance’’, with respect to an individual graph (2), the Secretary shall require all eligible for purposes of this subsection. In selecting such and the provision of childcare services, means covered beneficiaries at each installation at installations, the Secretary shall select installa- the formal approval of the individual, after ap- which the pilot program is being conducted to be tions representing a range of circumstances, in- propriate background checks and other review, contacted by the pilot program under this sec- cluding installations in an urban location and a to provide childcare services to children at a tion. rural location, installations with a large popu- military childcare center of the Department of (2) EXCEPTION.—The Secretary shall encour- lation and with a small population, installa- Defense. age participation by both parents of a child in tions currently experiencing high incidence of the pilot program, but participation by one par- SEC. 574. PILOT PROGRAM ON PREVENTION OF child abuse, neglect, or both and low incidence CHILD ABUSE AND TRAINING ON ent shall be sufficient to meet the requirement of child abuse, neglect, or both, installations SAFE CHILDCARE PRACTICES under paragraph (1). with a hospital or clinic and without a hospital AMONG MILITARY FAMILIES. (c) AVAILABLE SERVICES AND RESOURCES.— or clinic, joint installations, and installations (a) PILOT PROGRAM.— (1) IN GENERAL.—In carrying out the pilot pro- serving only one Armed Force. (1) IN GENERAL.—The Secretary of Defense gram under this section, the Secretary shall (4) ASSESSMENT.—In carrying out the imple- shall, acting through the Defense Health Agen- offer services and resources to an eligible cov- mentation assessments, the Secretary shall seek cy, carry out a pilot program on universal home ered beneficiary based on the particular needs to obtain an assessment of each of the following: visits for purposes of providing eligible covered of the beneficiary and the beneficiary’s family. (A) The ability of nurses or other licensed beneficiaries and their families training on safe (2) VOLUNTARY PARTICIPATION.—Participation medical professionals to contact families eligible childcare practices aimed at reducing child by an eligible covered beneficiary and family in for participation in the pilot program. abuse and fatalities due to abuse and neglect, any service or resource offered under paragraph (B) The extent to which families eligible for assessments of risk factors for child abuse, and (1) shall be at the election of the beneficiary. participation in the program actually partici- connections with community resources to meet (3) ASSESSMENT OF ELIGIBLE COVERED BENE- pate in the pilot program. identified needs. FICIARIES.— (C) The ability of medical personnel to adhere (2) SCOPE.—The pilot program shall be de- (A) IN GENERAL.—In carrying out the pilot to the clinical protocols of the pilot program. signed to facilitate connections between covered program, the Secretary shall conduct, or attempt (D) The extent to which families participating beneficiaries and their families and community to conduct, an assessment of every eligible cov- in the pilot program are being connected to serv- resources (including existing resources provided ered beneficiary and beneficiary family partici- ices and resources under the pilot program. by the Armed Forces). The pilot program, in- pating in the pilot program, regardless of risk (E) The extent to which families participating cluding the practices covered by training pursu- factors, to determine which services and re- in the pilot program are using services and re- ant to the pilot program, shall conform to evi- sources to offer such beneficiary and family sources under the pilot program. dence-based scientific criteria, including criteria under paragraph (1). (f) REPORTS.— available through publications in peer-reviewed (B) PARTICULAR NEEDS.—In conducting an as- (1) INITIAL REPORT.—Not later than 180 days scientific journals. sessment of an eligible covered beneficiary and after the date of the enactment of this Act, the (3) ELEMENTS.—The pilot program shall in- family under subparagraph (A), the Secretary Secretary shall submit to the Committees on clude the following: shall assess their needs and eligibility for par- Armed Services of the Senate and the House of (A) Between one and three home visits, and ticular services and resources and connect the Representatives a report on the pilot program to not more than seven other contacts, except in beneficiary and family to services and resources be carried out pursuant to this section. The re- unusual cases (such as deployments), with such for which they have a need and are eligible, ei- port shall include a comprehensive description home visits by a team led by a nurse, whenever ther within the Department of Defense or else- of each implementation assessment to be carried practicable, to provide screening, community re- where. out pursuant to subsection (e), including— source referral, and training to eligible covered (d) INVOLVEMENT OF MEDICAL STAFF.— (A) the installation at which such implemen- beneficiaries and their families on the following: (1) IN GENERAL.—The Secretary shall ensure tation assessment is being carried out; (i) General maternal and infant health. that the pilot program under this section is con- (B) a justification for the selection of such in- (ii) Safe sleeping environments. ducted by licensed medical staff of the Depart- stallation for purposes of subsection (e); and (iii) Feeding and bathing. ment of Defense and not family advocacy staff. (C) the elements and requirements of the pilot (iv) Adequate supervision. (v) Common hazards. (2) HOME VISITS.— program being carried out through such imple- (vi) Self-care. (A) IN GENERAL.—The Secretary shall ensure mentation assessment, including strategy and (vii) Recognition of post-partum depression, that the pilot program includes the following: metrics for evaluating effectiveness. substance abuse, and domestic violence in a (i) An initial contact made prenatally (except (2) FINAL REPORT.—Not later than 180 days mother or her partner and community violence. when not possible, in which case the contact after the completion of the pilot program, the (viii) Skills for management of infant crying. shall occur as soon after birth as possible) by a Secretary shall submit to the committees speci- (ix) Other positive parenting skills and prac- team described in subsection (a)(3)(A), which fied in paragraph (1) a report on the pilot pro- tices. shall include screening for the matters specified gram. The report shall include the following: (x) The importance of participating in ongoing in that subsection. (A) A comprehensive description and assess- healthcare for an infant and in ongoing (ii) Home visits by a nurse or other licensed ment of each of the implementation assessments healthcare for post-partum depression. medical professional trained in the practices under subsection (e).

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4090 CONGRESSIONAL RECORD — SENATE June 19, 2018 (B) A comprehensive description and assess- (B) Such recommendations for extension or ex- Subtitle H—Other Matters ment of the pilot program. pansion of the pilot program, including making SEC. 591. AUTHORITY TO AWARD DAMAGED PER- (C) Such recommendations for legislative or the pilot program permanent, as the Secretary SONAL PROTECTIVE EQUIPMENT TO administrative action as the Secretary considers considers appropriate in light of the pilot pro- MEMBERS SEPARATING FROM THE appropriate in light of pilot program, including gram. ARMED FORCES AND VETERANS AS MEMENTOS OF MILITARY SERVICE. recommendations for modifications of the pilot SEC. 576. SMALL BUSINESS ACTIVITIES OF MILI- (a) IN GENERAL.—Chapter 152 of title 10, program or extension of the pilot program on an TARY SPOUSES ON MILITARY IN- permanent basis at additional locations. STALLATIONS IN THE UNITED United States Code, is amended by adding at the (g) IMPLEMENTATION DEFENSE-WIDE.—If the STATES. end the following new section: Secretary determines as a result of the pilot pro- (a) ASSESSMENT OF SMALL BUSINESS ACTIVI- ‘‘§ 2568a. Damaged personal protective equip- gram that any element of the pilot program is TIES.—The Secretary of Defense shall submit to ment: award to members separating from effective, the Secretary shall take appropriate Congress a report setting forth an assessment of the armed forces and veterans actions to implement the pilot program as a pro- the feasibility and advisability of permitting ‘‘The Secretary of a military department may gram throughout and across the military instal- military spouses to engage in small business ac- award to a member of the armed forces under lations of the Department. tivities on military installations in the United the jurisdiction of the Secretary who is sepa- (h) DEFINITIONS.—In this section: States and in partnership with commissaries, ex- rating from the armed forces, and to any vet- (1) The term ‘‘community’’, with respect to a change stores, and other morale, welfare, and eran formerly under the jurisdiction of the Sec- military installation, means the catchment area recreation facilities of the Armed Forces in the retary, demilitarizied personal protective equip- for community services of the installation, in- United States. ment (PPE) of the member or veteran that was cluding services provided on the installation (b) ELEMENTS.—The assessment shall— damaged in combat or otherwise during the de- and services provided by State, county, and (1) take into account the usage by military ployment of the member or veteran. The award local jurisdictions in which the installation is spouses of installation facilities, utilities, and of equipment under this section shall be without located or in the vicinity of the installation. other resources in the conduct of small business cost to the member or veteran concerned.’’. (2) The term ‘‘eligible covered beneficiary’’ activities on military installations in the United (b) CLERICAL AMENDMENT.—The table of sec- means a covered beneficiary (as that term is de- States and such other matters in connection tions at the beginning of chapter 152 of such fined in section 1072 of title 10, United States with the conduct of such business activities by title is amended by adding at the end the fol- Code) who obtains pre-natal and obstetrical military spouses as the Secretary considers ap- lowing new item: care in a military medical treatment facility in propriate; and ‘‘2568a. Damaged personal protective equipment: connection with a birth covered by the pilot pro- award to members separating from gram. (2) seek to identify mechanisms to ensure that costs and fees associated with the usage by mili- the armed forces and veterans.’’. SEC. 575. PILOT PROGRAM ON PARTICIPATION OF tary spouses of such facilities, utilities, and SEC. 592. STANDARDIZATION OF FREQUENCY OF MILITARY SPOUSES IN TRANSITION other resources in connection with such business ACADEMY VISITS OF THE AIR FORCE ASSISTANCE PROGRAM ACTIVITIES. ACADEMY BOARD OF VISITORS WITH (a) PILOT PROGRAM REQUIRED.—The Sec- activities does not meaningfully curtail or elimi- nate the opportunity for military spouses to ACADEMY VISITS OF BOARDS OF retary of Defense shall carry out a pilot pro- OTHER MILITARY SERVICE ACAD- gram to assess the feasability and advisability of profit reasonably from such business activities. EMIES. permitting military spouses to participate in ac- Subtitle G—Decorations and Awards Section 9355 of title 10, United States Code, is tivities under the Transition Assistance Program amended by striking subsection (d) and insert- SEC. 581. AUTHORIZATION FOR AWARD OF THE (TAP) under section 1144 of title 10, United DISTINGUISHED SERVICE CROSS ing the following new subsection: States Code, on military installations. FOR JUSTIN T. GALLEGOS FOR ACTS ‘‘(d) The Board shall visit the Academy annu- (b) LOCATIONS.—The Secretary shall carry out OF VALOR DURING OPERATION EN- ally. With the approval of the Secretary of the the pilot program at not fewer than five military DURING FREEDOM. Air Force, the Board or its members may make installations selected by the Secretary for pur- (a) AUTHORIZATION.—Notwithstanding the other visits to the Academy in connection with poses of the pilot program. time limitations specified in section 3744 of title the duties of the Board or to consult with the (c) DURATION.—The Secretary shall carry out 10, United States Code, or any other time limita- Superintendent of the Academy. Board members the pilot program during the five-year period be- tion with respect to the awarding of certain shall have access to the Academy grounds and ginning on the date of the enactment of this medals to persons who served in the Armed the cadets, faculty, staff, and other personnel of Act. Forces, the Secretary of the Army may award the Academy for the purposes of the duties of (d) PARTICIPATION.— the Distinguished Service Cross under section the Board.’’. (1) IN GENERAL.—Under the pilot program, the 3742 of such title to Justin T. Gallegos for the SEC. 593. REDESIGNATION OF THE COMMANDANT spouse of a member of the Armed Forces as- acts of valor during Operation Enduring Free- OF THE UNITED STATES AIR FORCE signed to a military installation at which the dom described in subsection (b). INSTITUTE OF TECHNOLOGY AS THE pilot program is carried out who is participating PRESIDENT OF THE UNITED STATES (b) ACTION DESCRIBED.—The acts of valor re- AIR FORCE INSTITUTE OF TECH- in activities under the Transition Assistance ferred to in subsection (a) are the actions of Jus- Program may participate in such activities NOLOGY. tin T. Gallegos on October 3, 2009, while serving (a) REDESIGNATION.—Section 9314b(a) of title under the Program as the spouse considers ap- in the grade of Staff Sergeant in Afghanistan propriate, regardless of whether the member is 10, United States Code, is amended— while serving with B Troop, 3d Squadron, 61st (1) in subsection heading, by striking ‘‘COM- also participating in such activities at the time Cavalry Regiment, 4th Brigade Combat Team, MANDANT’’ and inserting ‘‘PRESIDENT’’; of the spouse’s participation. 4th Infantry Division. (2) by striking ‘‘Commandant’’ each place it (2) ADEQUATE FACILITIES.—The Secretary SEC. 582. AWARD OF MEDALS OR OTHER COM- appears and inserting ‘‘President’’; and shall ensure that the facilities for the carrying (3) in the heading of paragraph (3), by strik- out of activities under the Transition Assistance MENDATIONS TO HANDLERS OF MILITARY WORKING DOGS. ing ‘‘COMMANDANT’’ and inserting ‘‘PRESIDENT’’. Program at each installation at which the pilot (b) REFERENCES.—Any reference in any law, program is carried out are adequate to permit (a) PROGRAM OF AWARD REQUIRED.—Each Secretary of a military department shall carry regulation, map, document, paper, or other the participation in such activities of any record of the United States to the Commandant spouse of a member of the Armed Forces at the out a program to provide for the award of one or more medals or other commendations to han- of the United States Air Force Institute of Tech- installation who seeks to participate in such ac- nology shall be deemed to be a reference to the tivities. dlers of military working dogs under the juris- diction of such Secretary to recognize valor or President of the United States Air Force Insti- (e) REPORTS.— tute of Technology. (1) INITIAL REPORT.—Not later than six meritorious achievement by such handlers and dogs. SEC. 594. LIMITATION ON JUSTIFICATIONS EN- months after the date of the enactment of this TERED BY MILITARY RECRUITERS (b) MEDALS AND COMMENDATIONS.—Any Act, the Secretary shall submit to the Commit- FOR ENLISTMENT OR ACCESSION OF tees on Armed Services of the Senate and the medal or commendation awarded pursuant to a INDIVIDUALS INTO THE ARMED House of Representatives a report on the pilot program under subsection (a) shall be of such FORCES. program, including a comprehensive description design, and include such elements, as the Sec- (a) IN GENERAL.—In any case in which a of the pilot program. retary of the military department concerned database or system maintained by an Armed (2) FINAL REPORT.—Not later than six months shall specify. Force regarding the reasons why individuals after the completion of the pilot program, the (c) PRESENTATION AND ACCEPTANCE.—Any elect to enlist or access into the Armed Force Secretary shall submit to the Committees on medal or commendation awarded pursuant to a provides for military recruiters to select among Armed Services of the Senate and the House of program under subsection (a) may be presented pre-specified options for reasons for such elec- Representatives a report on the pilot program. to and accepted by the handler concerned on be- tion, military recruiters entering data into such The report shall include the following: half of the handler and the military working database or system may select only among such (A) A comprehensive description of the pilot dog concerned. pre-specified options as reasons for the enlist- program, including the installations at which (d) REGULATIONS.—Medals and commenda- ment or accession of any particular individual. the pilot program was carried out and the rates tions shall be awarded under programs under (b) MILITARY RECRUITER DEFINED.—In this of participation of military spouses in activities subsection (a) in accordance with regulations section, the term ‘‘military recruiter’’ means a under the Transition Assistance Program pursu- prescribed by the Secretary of Defense for pur- person who as the duty to recruit persons into ant to the pilot program. poses of this section. the Armed Forces for military service.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4091 SEC. 595. NATIONAL COMMISSION ON MILITARY, such a member eligible for travel under this sec- such lessor leases covered housing for such NATIONAL, AND PUBLIC SERVICE tion. month. MATTERS. ‘‘(2) The authority in subsection (c)(4) may (b) COVERED HOUSING.—In this section, the (a) DEFINITIONS.—Section 551(c) of the Na- not be construed as affecting or in any way im- term ‘‘covered housing’’ means a unit of hous- tional Defense Authorization Act for Fiscal posing on the Department of Defense, any ing— Year 2017 (Public Law 114–328; 130 Stat. 2130) is armed force, or any commercial company with (1) acquired or constructed under the alter- amended— which they contract an obligation or expecta- native authority of subchapter IV of chapter 169 (1) in paragraph (1), by inserting after tion that they will retrofit or alter, in any way, of title 10, United States Code (known as the ‘‘United States Code)’’ the following: ‘‘or active military aircraft or commercial aircraft, or re- Military Housing Privatization Initiative); status (as that term is defined in subsection lated equipment or facilities, used or leased by (2) that is leased to a member of a uniformed (d)(4) of such section)’’; the Department or such armed force to accom- service who resides in such unit; and (3) for which the lessor charges such member (2) in paragraph (2)— modate passengers provided travel under such rent that equals or exceeds the amount cal- (A) by striking ‘‘ ‘national service’ ’’ and in- authority on account of disability. culated under section 403(b)(3)(A) of title 37, serting ‘‘ ‘public service’ ’’; and ‘‘(3) The authority in subsection (c)(4) may (B) by striking ‘‘or State Government’’ and in- United States Code. not be construed as preempting the authority of (c) SUPPORT CONTINGENT ON NOTICE TO CON- serting ‘‘, State, Tribal, or local government’’; a flight commander to determine who boards the (3) in paragraph (3)— GRESS.— aircraft and any other matters in connection (1) IN GENERAL.—The Secretary may not make (A) by striking ‘‘ ‘public service’ ’’ and insert- with safe operation of the aircraft.’’. ing ‘‘ ‘national service’ ’’; and payments to a lessor for particular covered (B) by striking ‘‘employment’’ and inserting TITLE VI—COMPENSATION AND OTHER housing in 2019 authorized by subsection (a) ‘‘participation’’; and PERSONNEL BENEFITS until the Secretary submits to the Committees on (4) by adding at the end the following new Subtitle A—Pay and Allowances Armed Services of the Senate and the House of Representatives a notice on such payments. paragraph: SEC. 601. FISCAL YEAR 2019 INCREASE IN MILI- (2) ELEMENTS.—The notice on payments to a ‘‘(4) The term ‘establishment date’ means Sep- TARY BASIC PAY. lessor for particular covered housing in 2019 for tember 19, 2017.’’. (a) WAIVER OF SECTION 1009 ADJUSTMENT.— purposes of paragraph (1) shall include the fol- XCEPTION TO PAPERWORK REDUCTION (b) E The adjustment to become effective during fiscal lowing: ACT.—Section 555(e) of that Act (130 Stat. 2134) year 2019 required by section 1009 of title 37, (A) A documented request from the lessor for is amended by adding at the end the following United States Code, in the rates of monthly additional funding in connection with such new paragraph: basic pay authorized members of the uniformed housing and endorsed by the commander of the ‘‘(4) PAPERWORK REDUCTION ACT.—For pur- services shall not be made. military installation concerned. poses of developing its recommendations, the in- (b) INCREASE IN BASIC PAY.—Effective on Jan- (B) A description of the formula to be used by formation collection of the Commission may be uary 1, 2019, the rates of monthly basic pay for the Secretary to calculate the amount of such treated as a pilot project under section 3505(a) members of the uniformed services are increased payments. of title 44, United States Code. In addition, the by 2.6 percent. (C) A description of the current financial con- Commission shall not be subject to the require- SEC. 602. REPEAL OF AUTHORITY FOR PAYMENT dition of the lessor in connection with such ments of section 3506(c)(2)(A) of such title.’’. OF PERSONAL MONEY ALLOWANCES housing, including the following: SEC. 596. BURIAL OF UNCLAIMED REMAINS OF IN- TO NAVY OFFICERS SERVING IN CER- (i) The current debt coverage ratio of the les- MATES AT THE UNITED STATES DIS- TAIN POSITIONS. sor for such housing. CIPLINARY BARRACKS CEMETERY, (a) REPEAL.—Section 414 of title 37, United (ii) An assessment of the lessor’s ability to FORT LEAVENWORTH, KANSAS. States Code, is amended— fund future sustainment costs for such housing Section 985 of title 10, United States Code, is (1) by striking subsection (b); and in the absence of payments as described in sub- amended— (2) by redesignating subsection (c) as sub- section (a). (1) in subsection (b), by striking ‘‘A person section (b). (iii) An assessment of whether any earnings who is ineligible’’ in the matter preceding para- (b) EFFECTIVE DATE.—The amendments made for the lessor from other covered housing, if graph (1) and inserting ‘‘Except as provided in by subsection (a) shall take effect on December any, can offset predicted shortfalls in funding subsection (c), a person who is ineligible’’; 31, 2018, and shall apply with respect to per- for such housing. (2) by redesignating subsection (c) as sub- sonal money allowances payable under section (D) An assessment of the effects, if any, of re- cent reductions in basic allowance for housing section (d); and 414 of title 37, United States Code, for years be- on the financial viability of such housing for (3) by inserting after subsection (b) the fol- ginning after that date. lowing new subsection (c): the lessor. SEC. 603. DEPARTMENT OF DEFENSE PROPOSAL (E) A plan to ensure the long-term financial ‘‘(c) UNCLAIMED REMAINS OF MILITARY PRIS- FOR A PAY TABLE FOR MEMBERS OF stability of such housing. ONERS.—Subsection (b) shall not preclude the THE ARMED FORCES USING STEPS (F) A recommendation whether the contract burial at the United States Disciplinary Bar- IN GRADE BASED ON TIME IN GRADE RATHER THAN TIME IN SERVICE. between the lessor and government for such racks Cemetery at Fort Leavenworth, Kansas, of housing area should be retained without modi- (a) PROPOSAL REQUIRED.—Not later than 120 a military prisoner, including a military pris- fication, or modified, to ensure long-term finan- days after the date of the enactment of this Act, oner who is a person described in section 2411(b) cial viability of such housing. of title 38, who dies while in custody of a mili- the Secretary of Defense shall submit to the con- gressional defense committees a report setting SEC. 605. MODIFICATION OF AUTHORITY OF tary department and whose remains are not PRESIDENT TO DETERMINE ALTER- claimed by the person authorized to direct dis- forth a proposal for a pay table for members of NATIVE PAY ADJUSTMENT IN AN- position of the remains or by other persons le- the Armed Forces that uses steps in grade for NUAL BASIC PAY OF MEMBERS OF gally authorized to dispose of the remains.’’. each pay grade based on time of service within THE UNIFORMED SERVICES. SEC. 597. SPACE-AVAILABLE TRAVEL ON DEPART- such pay grade rather than on time of service in (a) MODIFICATION.—Section 1009(e) of title 37, MENT OF DEFENSE AIRCRAFT FOR the Armed Forces as a whole. United States Code, is amended— VETERANS WITH SERVICE-CON- (b) COMPTROLLER GENERAL ASSESSMENT.—Not (1) in paragraph (1), by striking ‘‘or serious NECTED DISABILITIES RATED AS later than April 1, 2019, the Comptroller General economic conditions affecting the general wel- TOTAL. of the United States shall submit to the congres- fare’’; (a) IN GENERAL.—Subsection (c) of section sional defense committees a report setting forth (2) by striking paragraph (2); and 2641b of title 10, United States Code, is amend- an assessment by the Comptroller General of the (3) by redesignating paragraph (3) as para- ed— proposed pay table required pursuant to sub- graph (2). (b) EFFECTIVE DATE.—The amendments made (1) by redesignating paragraphs (4) and (5) as section (a), including an assessment of the ef- by subsection (a) shall take effect on the date of paragraphs (5) and (6), respectively; and fects of using the proposed pay table, rather (2) by inserting after paragraph (3) the fol- the enactment of this Act, and— than the current pay table for members of the (1) if the date of the enactment of this Act oc- lowing new paragraph (4): Armed Forces, on recruitment and retention of curs before September 1 of a year, shall apply ‘‘(4) Subject to subsection (f), veterans with a members of the Armed Forces as a whole and on with respect to plans for alternative pay adjust- permanent service-connected disability rated as recruitment and retention of members of the ments for any year beginning after such year; total.’’. Armed Forces with particular sets of skills (in- and (b) CONDITIONS AND LIMITATIONS.—Such sec- cluding cyber and other technical skills). (2) if the date of the enactment of this Act oc- tion is further amended— SEC. 604. FINANCIAL SUPPORT FOR LESSORS curs after August 31 of a year, shall apply with (1) by redesignating subsection (f) as sub- UNDER THE MILITARY HOUSING PRI- respect to plans for alternative pay adjustments section (g); and VATIZATION INITIATIVE DURING for any year beginning after the year following (2) by inserting after subsection (e) the fol- 2019. such year. lowing new subsection (f): (a) SUPPORT AUTHORIZED.—Subject to sub- SEC. 606. ELIGIBILITY OF RESERVE COMPONENT ETERANS ITH ERVICE CONNECTED IS ‘‘(f) V W S - D - section (c), for each month during 2019, the Sec- MEMBERS FOR HIGH-DEPLOYMENT ABILITIES RATED AS TOTAL.—(1) Travel may not retary of Defense may pay to a lessor of covered ALLOWANCE FOR LENGTHY OR NU- be provided under this section to a veteran eligi- housing up to 2 percent of the amount cal- MEROUS DEPLOYMENTS AND FRE- ble for travel pursuant to subsection (c)(4) in culated under section 403(b)(3)(A)(i) of title 37, QUENT MOBILIZATIONS. priority over any member eligible for travel United States Code, for the area in which the Section 436(a)(2)(C)(ii) of title 37, United under subsection (c)(1) or any dependent of covered housing exists for each member to whom States Code, is amended by inserting after

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‘‘under’’ the first place it appears the following: Code, is amended by striking ‘‘December 31, (b) CONTINGENT REVERSION TO PRIOR POL- ‘‘section 12304b of title 10 or’’. 2018’’ and inserting ‘‘December 31, 2019’’. ICY.— SEC. 607. ELIGIBILITY OF RESERVE COMPONENT (e) AUTHORITY TO PROVIDE TEMPORARY IN- (1) LACK OF REPORT.—If the report required MEMBERS FOR NONREDUCTION IN CREASE IN RATES OF BASIC ALLOWANCE FOR by subsection (a)(1) is not submitted to the com- PAY WHILE SERVING IN THE UNI- HOUSING.—Section 403(b)(7)(E) of title 37, mittees of Congress referred to in that subsection FORMED SERVICES OR NATIONAL United States Code, is amended by striking ‘‘De- by the contingency date, effective as of the con- GUARD. cember 31, 2018’’ and inserting ‘‘December 31, tingency date, the policy of the Department on Section 5538(a) of title 5, United States Code, 2019’’. rates of per diem for long-term temporary duty is amended in the matter preceding paragraph assignments shall be the policy as in effect as of (1) by inserting after ‘‘under’’ the following: Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits October 31, 2014. ‘‘section 12304b of title 10 or’’. (2) FINDING OF COSTS OUTWEIGHING BENE- SEC. 621. TECHNICAL CORRECTIONS IN CALCULA- SEC. 608. TEMPORARY ADJUSTMENT IN RATE OF FITS.—If the specification in the report as re- BASIC ALLOWANCE FOR HOUSING TION AND PUBLICATION OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE quired by subsection (a)(2) is that the benefits of FOLLOWING IDENTIFICATION OF the change in policy described in subsection SIGNIFICANT UNDERDETERMINA- COST OF LIVING ADJUSTMENTS. TION OF CIVILIAN HOUSING COSTS (a) MONTHS FOR WHICH ADJUSTMENT APPLICA- (a)(1) have not outweighed or will not continue FOR HOUSING AREAS. BLE.—Paragraph (2) of section 1450(m) of title to outweigh the costs of the change of policy, ef- Section 403(b) of title 37, United States Code, 10, United States Code, is amended— fective as of the date of the report, the policy of is amended by adding at the end the following (1) in subparagraph (I), by striking ‘‘Decem- the Department on rates of per diem for long- new paragraph: ber’’ and inserting ‘‘November’’; and term temporary duty assignments shall be the ‘‘(8)(A) Under the authority of this para- (2) in subparagraph (J), by striking ‘‘for policy as in effect as of October 31, 2014. graph, the Secretary of Defense may prescribe a months during any calendar year after 2018’’ (3) CONTINGENCY DATE DEFINED.—In this sub- temporary adjustment in the current rates of and inserting ‘‘for months after November 2018’’. section, the term ‘‘contingency date’’ means the basic allowance for housing for a military hous- (b) COST OF LIVING ADJUSTMENT.—Paragraph date that is 120 days after the date of the enact- ing area or portion of a military housing area if (6) of such section is amended— ment of this Act. the Secretary determines that the actual costs of (1) in the paragraph heading, by striking SEC. 632. PROHIBITION ON PER DIEM ALLOW- adequate housing for civilians in that military ‘‘AFTER 2018’’ and inserting ‘‘AFTER NOVEMBER ANCE REDUCTIONS BASED ON THE DURATION OF TEMPORARY DUTY AS- housing area or portion thereof differ from such 2018’’; and SIGNMENT OR CIVILIAN TRAVEL. current rates of basic allowance for housing by (2) by striking subparagraphs (A) and (B) and (a) MEMBERS.—Section 474(d)(3) of title 37, inserting the following new subparagraphs: an amount in excess of 20 percent of such cur- United States Code, is amended by adding at the ‘‘(A) IN GENERAL.—Whenever retired pay is in- rent rates of basic allowance for housing. end the following new sentence: ‘‘The Secretary ‘‘(B) Any temporary increase in rates of basic creased for a month under section 1401a of this of a military department shall not alter the allowance for housing under this paragraph title (or any other provision of law), the amount amount of the per diem allowance, or the max- shall remain in effect only until the next annual of the allowance payable under paragraph (1) imum amount of reimbursement, for a locality adjustment in rates of basic allowance for hous- for that month shall also be increased. based on the duration of the temporary duty as- ing under this subsection by law. ‘‘(B) AMOUNT OF INCREASE.—With respect to signment in the locality of a member of the ‘‘(C) This paragraph shall cease to be effective an eligible survivor of a member of the uni- armed forces under the jurisdiction of the Sec- on December 31, 2019.’’. formed services, the increase for a month shall retary.’’. be— Subtitle B—Bonuses and Special and (b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) ‘‘(i) the amount payable pursuant to para- Incentive Pays of title 5, United States Code, is amended by graph (2) for months during the preceding 12- SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EX- adding at the end the following new sentence: month period; plus PIRING BONUS AND SPECIAL PAY ‘‘The Secretary of Defense shall not alter the ‘‘(ii) an amount equal to a percentage of the AUTHORITIES. amount of the per diem allowance, or the max- amount determined pursuant to clause (i), (a) AUTHORITIES RELATING TO TITLE 37 CON- imum amount of reimbursement, for a locality which percentage is the percentage by which the SOLIDATED SPECIAL PAY, INCENTIVE PAY, AND based on the duration of the travel in the local- retired pay of the member would have increased BONUS AUTHORITIES.—The following sections of ity of an employee of the Department.’’. for the month, as described in subparagraph title 37, United States Code, are amended by (c) REPEALS.— (A), if the member was alive (and otherwise en- striking ‘‘December 31, 2018’’ and inserting ‘‘De- (1) EXISTING POLICY AND REGULATIONS.—The cember 31, 2019’’: titled to such pay). policy, and any regulations issued pursuant to (1) Section 331(h), relating to general bonus ‘‘(C) ROUNDING DOWN.—The monthly amount such policy, implemented by the Secretary of authority for enlisted members. of an allowance payable under this subsection, Defense on November 1, 2014, with respect to re- (2) Section 332(g), relating to general bonus if not a multiple of $1, shall be rounded to the ductions in per diem allowances based on dura- authority for officers. next lower multiple of $1. tion of temporary duty assignment or civilian ‘‘(D) PUBLIC NOTICE ON AMOUNT OF ALLOW- (3) Section 334(i), relating to special aviation travel shall have no force or effect. ANCE PAYABLE incentive pay and bonus authorities for officers. .—Whenever an increase in the (2) ATTEMPTED STATUTORY FIX.—Section 672 (4) Section 335(k), relating to special bonus amount of the allowance payable under para- of the National Defense Authorization Act for and incentive pay authorities for officers in graph (1) is made pursuant to this paragraph, Fiscal Year 2017 (Public Law 114–328; 37 U.S.C. health professions. the Secretary of Defense shall publish the 474 note; 130 Stat. 2178) is repealed. (5) Section 336(g), relating to contracting amount of the allowance so payable by reason bonus for cadets and midshipmen enrolled in the of such increase, including the months for TITLE VII—HEALTH CARE PROVISIONS Senior Reserve Officers’ Training Corps. which payable.’’. Subtitle A—TRICARE and Other Health Care (6) Section 351(h), relating to hazardous duty (c) EFFECTIVE DATE.—The amendments made Benefits pay. by this section shall take effect on December 1, SEC. 701. CONSOLIDATION OF COST-SHARING RE- (7) Section 352(g), relating to assignment pay 2018. QUIREMENTS UNDER TRICARE SE- LECT AND TRICARE PRIME. or special duty pay. Subtitle D—Other Matters (8) Section 353(i), relating to skill incentive (a) TRICARE SELECT.— pay or proficiency bonus. SEC. 631. RATES OF PER DIEM FOR LONG-TERM (1) IN GENERAL.—Section 1075 of title 10, (9) Section 355(h), relating to retention incen- TEMPORARY DUTY ASSIGNMENTS. United States Code, is amended— tives for members qualified in critical military (a) REPORT ON COST-BENEFIT ANALYSIS OF NO- (A) in subsection (c), by striking paragraphs skills or assigned to high priority units. VEMBER 2014 CHANGE OF POLICY.— (1) and (2) and inserting the following new (b) AUTHORITIES RELATING TO RESERVE (1) IN GENERAL.—Not later than 90 days after paragraphs: FORCES.—Section 910(g) of title 37, United States the date of the enactment of this Act, the Sec- ‘‘(1) With respect to beneficiaries in the ac- Code, relating to income replacement payments retary of Defense shall submit to the Committees tive-duty family member category or the retired for reserve component members experiencing ex- on Armed Services of the Senate and the House category other than beneficiaries described in tended and frequent mobilization for active duty of Representatives a report setting forth an paragraph (2)(B), the cost-sharing requirements service, is amended by striking ‘‘December 31, analysis, conducted by the Secretary for pur- shall be calculated pursuant to subsection 2018’’ and inserting ‘‘December 31, 2019’’. poses of the report, of the costs and benefits of (d)(1). (c) TITLE 10 AUTHORITIES RELATING TO the change in policy of the Department of De- ‘‘(2)(A) With respect to beneficiaries described HEALTH CARE PROFESSIONALS.—The following fense on rates of per diem for long-term tem- in subparagraph (B) in the active-duty family sections of title 10, United States Code, are porary duty assignments that took effect on No- member category or the retired category, the amended by striking ‘‘December 31, 2018’’ and vember 1, 2014. The study shall be consistent cost-sharing requirements shall be calculated as inserting ‘‘December 31, 2019’’: with the principles and requirements of Office of if the beneficiary were enrolled in TRICARE (1) Section 2130a(a)(1), relating to nurse offi- Management and Budget Circular A–94. Extra or TRICARE Standard as if TRICARE cer candidate accession program. (2) ELEMENT ASSESSING COST-BENEFIT.—The Extra or TRICARE Standard, as the case may (2) Section 16302(d), relating to repayment of report under paragraph (1) shall specify, in par- be, were still being carried out by the Secretary. education loans for certain health professionals ticular, whether or not the benefits of the ‘‘(B) Beneficiaries described in this subpara- who serve in the Selected Reserve. change in policy described in that paragraph graph are the following beneficiaries: (d) AUTHORITIES RELATING TO NUCLEAR OFFI- have outweighed and will continue to outweigh ‘‘(i) Retired members and the family members CERS.—Section 333(i) of title 37, United States the costs of the change of policy. of such retired members covered by section

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1086(c)(1) of this title by reason of being retired (b) PROHIBITION ON COST-SHARING FOR CER- (d) DURATION.— under chapter 61 of this title or being a depend- TAIN SERVICES.— (1) IN GENERAL.—Except as provided in para- ent of such a retired member. (1) TRICARE SELECT.—Section 1075(c) of such graph (2), the Director shall carry out the pilot ‘‘(ii) Survivors covered by section 1086(c)(2) of title is amended by adding at the end the fol- program for a period of not more than three this title.’’; lowing new paragraph: years. (B) by striking subsection (e); and ‘‘(4) For all beneficiaries under this section, (2) EXPANSION.—The Director may implement (C) by redesignating subsections (f), (g), and there is no cost-sharing for any method of con- the pilot program on a permanent basis if the (h) as subsections (e), (f), and (g), respectively. traception provided by a network provider.’’. Director determines that the pilot program suc- (2) CONFORMING AMENDMENT.—Subsection (2) TRICARE PRIME.—Section 1075a(b) of such cessfully reduces early opioid exposure in bene- (d)(2) of such section is amended by striking ‘‘, title is amended by adding at the end the fol- ficiaries under the TRICARE program and pre- and the amounts specified under paragraphs (1) lowing new paragraph: vents progression to misuse or abuse of opioid and (2) of subsection (e),’’. ‘‘(5) For all beneficiaries under this section, medications. there is no cost-sharing for any method of con- (b) TRICARE PRIME.—Section 1075a(a) of title (e) TRICARE PROGRAM DEFINED.—In this sec- 10, United States Code, is amended— traception provided by a network provider.’’. tion, the term ‘‘TRICARE program’’ has the (3) PHARMACY BENEFITS PROGRAM.—Section (1) by striking paragraph (2) and inserting the meaning given that term in section 1072 of title 1074g(a)(6) of such title is amended by adding at following new paragraph: 10, United States Code. ‘‘(2) With respect to beneficiaries in the ac- the end the following new subparagraph: tive-duty family member category or the retired ‘‘(D) Notwithstanding subparagraphs (A) and SEC. 705. PILOT PROGRAM ON TREATMENT OF category (as described in section 1075(b)(1) of (B), there is no cost-sharing for any prescription MEMBERS OF THE ARMED FORCES contraceptive on the uniform formulary pro- FOR POST-TRAUMATIC STRESS DIS- this title) other than beneficiaries described in ORDER RELATED TO MILITARY SEX- paragraph (3)(B), the cost-sharing requirements vided by a network retail pharmacy provider or UAL TRAUMA. the mail order pharmacy program.’’. shall be calculated pursuant to subsection (a) IN GENERAL.—The Secretary of Defense (c) EFFECTIVE DATE.—The amendments made (b)(1).’’; and may carry out a pilot program to assess the fea- by this section shall take effect on January 1, (2) in paragraph (3), by striking subparagraph sibility and advisability of using intensive out- 2020. (B) and inserting the following new subpara- patient programs to treat members of the Armed graph: SEC. 704. PILOT PROGRAM ON OPIOID MANAGE- Forces suffering from post-traumatic stress dis- ‘‘(B) Beneficiaries described in this subpara- MENT IN THE MILITARY HEALTH SYSTEM. order resulting from military sexual trauma, in- graph are the following beneficiaries: cluding treatment for substance abuse, depres- ‘‘(i) Retired members and the family members (a) PILOT PROGRAM.— sion, and other issues related to such condi- of such retired members covered by section (1) IN GENERAL.—Beginning not later than 180 tions. 1086(c)(1) of this title by reason of being retired days after the date of the enactment of this Act, (b) DISCHARGE THROUGH PARTNERSHIPS.—The under chapter 61 of this title or being a depend- the Director of the Defense Health Agency shall pilot program authorized by subsection (a) shall ent of such a retired member. implement a comprehensive pilot program to be carried out through partnerships with public, ‘‘(ii) Survivors covered by section 1086(c)(2) of minimize early opioid exposure in beneficiaries private, and non-profit health care organiza- this title.’’. under the TRICARE program and to prevent (c) EFFECTIVE DATE.—The amendments made progression to misuse or abuse of opioid medica- tions and institutions that— by this section shall take effect on January 1, tions. (1) provide health care to members of the 2019. (2) OPIOID SAFETY ACROSS CONTINUUM OF Armed Forces; (2) provide evidence-based treatment for psy- SEC. 702. ADMINISTRATION OF TRICARE DENTAL CARE.—The pilot program shall include elements PLANS THROUGH THE FEDERAL EM- to maximize opioid safety across the entire con- chological and neurological conditions that are PLOYEES DENTAL INSURANCE PRO- tinuum of care consisting of patient, physician common among members of the Armed Forces, GRAM. or dentist, and pharmacist. including post-traumatic stress disorder, trau- (a) ELIGIBILITY OF ADDITIONAL BENEFICIARIES (b) ELEMENTS OF PILOT PROGRAM.—The pilot matic brain injury, substance abuse, and de- UNDER THE FEDERAL EMPLOYEES DENTAL INSUR- program shall include the following: pression; ANCE PROGRAM.—Section 8951(8) of title 5, (1) Identification of potential opioid misuse or (3) provide health care, support, and other United States Code, is amended by striking abuse in pharmacies of military treatment facili- benefits to family members of members of the ‘‘1076c’’ and inserting ‘‘1076a or 1076c’’. ties, retail network pharmacies, and the home Armed Forces; and (b) ADMINISTRATION OF TRICARE DENTAL delivery pharmacy and transmission of alerts re- (4) provide health care under the TRICARE PLANS.—Subsection (b) of section 1076a of title garding such potential mistreatment to opioid program (as that term is defined in section 1072 10, United States Code, is amended to read as prescribing physicians or dentists. of title 10, United States Code). follows: (2) Direct engagement with, education for, (c) PROGRAM ACTIVITIES.—Each organization ‘‘(b) ADMINISTRATION OF PLANS.—The plans and management of beneficiaries under the or institution that participates in a partnership established under this section shall be adminis- TRICARE program to help such beneficiaries under the pilot program authorized by sub- tered by the Secretary of Defense through an avoid opioid misuse or abuse. section (a) shall— agreement with the Director of the Office of Per- (3) Provision of in-home disposal kits to de- (1) carry out intensive outpatient programs of sonnel Management to allow persons described activate excess opioids and prevent unauthor- short duration to treat members of the Armed in subsection (a) to enroll in an insurance plan ized use. Forces suffering from post-traumatic stress dis- under chapter 89A of title 5, in accordance with (4) Proactive outreach by specialist phar- order resulting from military sexual trauma, in- terms prescribed by the Secretary, including macists to such beneficiaries when identifying cluding treatment for substance abuse, depres- terms, to the extent practical, as defined by the potential opioid misuse or abuse. sion, and other issues related to such condi- Director through regulation, consistent with (5) Monitoring of such beneficiaries through tions; subsection (d) and, to the extent practicable in the use of predictive analytics to identify the (2) use evidence-based and evidence-informed relation to such chapter 89A, other provisions of potential for abuse and addiction before such treatment strategies in carrying out such pro- this section.’’. beneficiaries begin an opioid prescription. grams; (6) Detection of fraud, waste, and abuse. (c) APPLICABILITY.—The amendments made by (3) share clinical and outreach best practices (c) REPORT ON PILOT PROGRAM.— this section shall apply with respect to the first (1) IN GENERAL.—Not later than 180 days be- with other organizations and institutions par- contract year for chapter 89A of title 5, United fore completion of the pilot program, the Sec- ticipating in the pilot program; and States Code, that begins on or after January 1, retary of Defense shall submit to the Committees (4) annually assess outcomes for members of 2022. on Armed Services of the Senate and the House the Armed Forces individually and among the (d) TRANSITION.—To ensure the successful of Representatives a report that describes the organizations and institutions participating in transition of programs, in carrying out the conduct of the pilot program. the pilot program with respect to the treatment TRICARE dental program under section 1076a (2) ELEMENTS.—The report required by para- of conditions described in paragraph (1). of title 10, United States Code, the Secretary of graph (1) shall include the following: (d) EVALUATION METRICS.—Before commence- Defense shall ensure that the contractor for (A) A description of the pilot program, includ- ment of the pilot program, the Secretary shall such program provides claims information under ing outcome measures developed to determine establish metrics to be used to evaluate the ef- such program to carriers providing dental cov- the overall effectiveness of the pilot program. fectiveness of the pilot program and the activi- erage under chapter 89A of title 5, United States (B) A description of the ability of the pilot ties under the pilot program. Code. program to identify opioid misuse and abuse (e) REPORTS.— SEC. 703. CONTRACEPTION COVERAGE PARITY among beneficiaries under the TRICARE pro- (1) INITIAL REPORT.—Not later than 180 days UNDER THE TRICARE PROGRAM. gram in each pharmacy venue of the pharmacy after the date of the enactment of this Act, the (a) IN GENERAL.—Section 1074d(b)(3) of title program of the military health system. Secretary shall submit to the Committees on 10, United States Code, is amended by inserting (C) A description of the impact of the use of Armed Services of the Senate and the House of before the period at the end the following: ‘‘(in- predictive analytics to monitor such bene- Representatives a report on the pilot program cluding all methods of contraception approved ficiaries to identify the potential for opioid authorized by subsection (a). The report shall by the Food and Drug Administration, contra- abuse and addiction before such beneficiaries include a description of the pilot program and ceptive care (including with respect to insertion, begin an opioid prescription. such other matters on the pilot program as the removal, and follow up), sterilization proce- (D) A description of any reduction in the mis- Secretary considers appropriate. dures, and patient education and counseling in use or abuse of opioid medications among such (2) FINAL REPORT.—Not later than 180 days connection therewith)’’. beneficiaries as a result of the pilot program. after the cessation of the pilot program under

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subsection (f), the Secretary shall submit to the (2) PHASED IMPLEMENTATION.—Implementa- (d) HEALTH-READINESS REGIONS OCONUS RE- committees of Congress referred to in paragraph tion of the organizational framework may occur QUIRED.—The organizational framework re- (1) a report on the pilot program. The report in phases, as considered appropriate by the Di- quired by subsection (a) shall meet the require- shall include the following: rector. ments as follows: (A) A description of the pilot program, includ- (3) COMPLETION.—The organizational frame- (1) HEALTH-READINESS REGIONS.—There shall ing the partnership under the pilot program as work shall be fully implemented by not later be established not more than two health-readi- described in subsection (b). than October 1, 2020. ness regions outside the continental United (B) An assessment of the effectiveness of the (4) COMPLIANCE WITH CERTAIN REQUIRE- States— pilot program and the activities under the pilot MENTS.—The organizational framework, as im- (A) to enhance joint military medical oper- program. plemented, shall comply with all requirements of ations in support of the requirements of the (C) Such recommendations for legislative or section 1073c of title 10, United States Code, ex- combatant commands in such region or regions, administrative action as the Secretary considers cept for the October 1, 2018, implementation date with a specific focus on existing and future con- appropriate in light of the pilot program, in- specified in such section. tingency and operational plans; cluding recommendations for extension or mak- (c) HEALTH-READINESS REGIONS IN CONUS RE- (B) to ensure the provision of high-quality ing permanent the authority for the pilot pro- QUIRED.—The organizational framework re- healthcare services to beneficiaries; and gram. quired by subsection (a) shall meet the require- (C) to improve the interoperability of healthcare delivery systems in regions (whether (f) TERMINATION.—The Secretary may not ments as follows: carry out the pilot program authorized by sub- (1) HEALTH-READINESS REGIONS.—There shall under this subsection, subsection (c), or both). (2) PATIENT REFERRALS AND COORDINATION.— section (a) after the date that is three years be not more than three health-readiness regions The Director shall ensure effective and efficient after the date of the enactment of this Act. established in the continental United States. (2) LEADER.—Each region under paragraph medical care referrals and coordination among Subtitle B—Health Care Administration (1) shall be led by a commander or director who military medical treatment facilities in any re- SEC. 711. IMPROVEMENT OF ADMINISTRATION OF is a member of the Armed Forces serving in a gion under paragraph (1), and among local or DEFENSE HEALTH AGENCY AND grade not higher than major general or rear ad- regional high-performing health systems in such MILITARY MEDICAL TREATMENT FA- miral and who shall be— region. CILITIES. (A) selected by the Director from among mem- (e) PLANNING AND COORDINATION.— (a) IN GENERAL.—Subsection (a) of section bers of the Armed Forces recommended by the (1) SUSTAINMENT OF CLINICAL COMPETENCIES 1073c of title 10, United States Code, is amend- military departments for service in such posi- AND STAFFING.—The Director shall— (A) provide in each health-readiness region ed— tion; and (1) by redesignating paragraphs (2) and (3) as (B) under the authority, direction, and con- under this section healthcare delivery venues paragraphs (3) and (4), respectively; and trol of the Director while serving in such posi- for uniformed medical and dental personnel to (2) by inserting after paragraph (1) the fol- tion. obtain operational clinical competencies; and (B) coordinate with the military departments lowing new paragraph (2): (3) REGIONAL HUBS.— ‘‘(2) In addition to the responsibilities set (A) IN GENERAL.—Each region under para- to ensure that staffing at military medical treat- forth in paragraph (1), the Director of the De- graph (1) shall include a major military medical ment facilities in each region supports readiness fense Health Agency shall have the authority— center designated by the Director to serve as the requirements for members of the Armed Forces ‘‘(A) to direct, control, and serve as the pri- regional hub for the provision of specialized and military medical personnel. VERSIGHT AND ALLOCATION OF RE- mary rater of the performance of commanders or medical services in such region. (2) O directors of military medical treatment facilities; (B) CAPABILITIES.—A major medical center SOURCES.— (A) IN GENERAL.—The Director shall, con- ‘‘(B) to direct and control any intermediary may not be designated as a regional hub unless sistent with section 193 of title 10, United States organizations between the Defense Health Agen- the center— cy and military medical treatment facilities; (i) includes one or more large graduate med- Code, coordinate with the Chairman of the Joint ‘‘(C) to determine the scope of medical care ical education training platforms; and Chiefs of Staff, through the Joint Staff Surgeon, provided at each military medical treatment fa- (ii) provides, at a minimum, role 4 medical to conduct oversight and direct resources to sup- cility to meet the military personnel readiness care. port requirements related to readiness or oper- requirements of the senior military operational (C) LOCATION.—Any major medical center des- ational medicine support that are validated by commander of the military installation; ignated as a regional hub of a region shall be the Joint Staff. ‘‘(D) to determine total workforce require- geographically located so as to maximize the (B) SUPPLY AND DEMAND FOR MEDICAL SERV- ments at each military medical treatment facil- support provided by uniformed medical re- ICES.—Based on operational medical force readi- ity; sources in the region to the combatant com- ness requirements of the combatant commands ‘‘(E) to direct joint manning at military med- mands. In designating major medical centers as validated by the Joint Staff, the Director shall— (i) validate supply and demand requirements ical treatment facilities and intermediary orga- a regional hub, the Director shall give consider- for medical and dental services at each military nizations; ation to the collocation of such centers with medical treatment facility; ‘‘(F) to establish training and skills major aerial debarkation points of patients in (ii) in coordination with the operational med- sustainment venues for military medical per- the medical evacuation system of the United ical force readiness organizations required by sonnel; States Transportation Command. subsection (f)(1), provide currency workload for ‘‘(G) to address personnel staffing shortages (D) MAJOR HEALTH CARE DELIVERY PLAT- uniformed medical and dental personnel at each FORM.—A major medical center designated as a at military medical treatment facilities; and facility to maintain skills proficiency; and ‘‘(H) to approve service nominations for com- regional hub of a region shall serve as the major (iii) if workload is insufficient to meet require- manders or directors of military medical treat- health care delivery platform for the provision ments, identify alternative training and clinical ment facilities.’’. of complex specialized medical care in the re- practice sites for uniformed medical and dental (b) COMBAT SUPPORT RESPONSIBILITIES.—Sub- gion, whether through patient referrals from personnel, and establish military-civilian train- section (d)(2) of such section is amended by add- other military medical treatment facilities in the ing partnerships, to provide such workload. ing at the end the following new subparagraph: region or through referrals from other regions in (f) OPERATIONAL MEDICAL FORCE READINESS ‘‘(C) Ensuring that the Defense Health Agen- the case of certain specialized medical services ORGANIZATIONS OF THE ARMED FORCES.— cy meets the military personnel readiness re- (such as treatment for severe burns) which may (1) ESTABLISHMENT.—Not later than October quirements of the senior military operational only be available at a military medical treat- 1, 2019, the Secretary of Defense shall, acting commanders of the military installations.’’. ment facility within the region. through the Secretary of the military depart- SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE (4) ADDITIONAL MILITARY MEDICAL CENTERS.— ment concerned, establish in each military de- MILITARY HEALTHCARE SYSTEM TO Consistent with section 1073d of title 10, United partment an operational medical force readiness SUPPORT MEDICAL REQUIREMENTS States Code, each region under paragraph (1) organization in accordance with this subsection. OF THE COMBATANT COMMANDS. may include one or more additional military (2) LEADER.— (a) ORGANIZATIONAL FRAMEWORK RE- medical centers, whether established or main- (A) IN GENERAL.—Each operational medical QUIRED.—The Secretary of Defense shall, acting tained by the Director for purposes of this sec- force readiness organization established under through the Director of the Defense Health tion, in order to serve locations in the region, if paragraph (1) shall be led by the Surgeon Gen- Agency, implement an organizational frame- any, as follows: eral of an Armed Force. work for the military healthcare system that (A) Locations with large beneficiary popu- (B) CONSTRUCTION OF DUTIES.—The duties of most effectively implements chapter 55 of title lations. a Surgeon General under this paragraph as 10, United States Code, in a manner that maxi- (B) Locations that serve as the primary readi- leader of an operational medical force readiness mizes interoperability and fully integrates med- ness platforms of the Armed Forces. organization are in addition to the duties of ical capabilities of the Armed Forces in order to (5) PATIENT REFERRALS AND COORDINATION.— such Surgeon General under section 3036, 5137, enhance joint military medical operations in The Director shall ensure effective and efficient or 8036 of title 10, United States Code, as appli- support of requirements of the combatant com- medical care referrals and coordination among cable. mands. military medical treatment facilities in each re- (3) RESPONSIBILITIES.—The responsibilities of (b) IMPLEMENTATION.— gion under paragraph (1), and among local or an operational medical force readiness organiza- (1) COMMENCEMENT.—Implementation of the regional high-performing health systems in the tion are limited to the responsibilities as follows: organizational framework required by sub- region, through local or regional partnerships (A) To recruit, organize, train, and equip uni- section (a) shall commence not later than Octo- with institutional or individual civilian pro- formed medical and dental personnel of the mili- ber 1, 2018. viders. tary department concerned.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4095 (B) To assign uniformed medical and dental of title 10, United States Code, by which bene- ‘‘(4)(A) Any procedures developed pursuant to personnel of the military department concerned ficiaries enrolled in TRICARE Prime are re- paragraph (3)(A) shall include appropriate safe- to military medical treatment facilities for train- ferred to the civilian provider network for inpa- guards, as determined by the Secretary, con- ing activities specific to such military depart- tient or outpatient care under the TRICARE cerning cyber security of Department of Defense ment and for operational and training missions, program. systems and operational security of Department during which assignment such personnel shall (b) OBJECTIVES.—In carrying out the require- personnel. be under the operational control of the com- ment in subsection (a), the Secretary shall meet ‘‘(B) To the extent the Secretary considers ap- mander or director of the military medical treat- the following objectives: propriate, the program may be treated as com- ment facility concerned, subject to the author- (1) The referral process shall model best indus- parable to a State program for purposes of bi-di- ity, direction, and control of the Director. try practices for referrals from primary care rectional sharing of controlled substance pre- (C) To ensure the readiness for operational managers to specialty care providers. scription information. deployment of medical and dental personnel and (2) The process shall strictly limit administra- ‘‘(5) For purposes of this subsection, any ref- deployable medical or dental teams or units of tive requirements for enrolled beneficiaries, rely- erence to a program operated by a State in- the Armed Force or Armed Forces concerned. ing instead on communications among providers cludes any program operated by a county, mu- (D) To provide logistical support for oper- and care coordinators to arrange appointments nicipality, or other subdivision within that ational deployment of medical and dental per- within applicable access to care scheduling time State.’’. sonnel and deployable medical or dental teams standards. (b) CONFORMING AMENDMENT.—Section 1079(q) or units of the Armed Force or Armed Forces (3) Beneficiary preferences for communica- of such title is amended by striking ‘‘section concerned. tions relating to appointment referrals using 1074g(g)’’ and inserting ‘‘section 1074g(h)’’. (E) To oversee the mobilization and demobili- state-of-the-art information technology shall be SEC. 715. IMPROVEMENT OF REIMBURSEMENT BY zation in connection with operational deploy- used to expedite the process. DEPARTMENT OF DEFENSE OF ENTI- ment of medical and dental personnel of the (4) There shall be effective and efficient proc- TIES CARRYING OUT STATE VAC- Armed Force or Armed Forces concerned. esses to determine the availability of appoint- CINATION PROGRAMS IN CONNEC- (F) To carry out operational medical and den- ments at military medical treatment facilities TION WITH VACCINES PROVIDED TO tal force development for the military depart- and, when unavailable, to make prompt refer- COVERED BENEFICIARIES UNDER THE TRICARE PROGRAM. ment concerned. rals to network providers under the TRICARE (G) In coordination with the Secretary con- Section 719(a) of the National Defense Au- program. cerned, to ensure that the operational medical thorization Act for Fiscal Year 2017 (Public Law (5) There shall be no right-of-first refusal re- force readiness organizations of the Armed 114–328; 10 U.S.C. 1074g note) is amended— quirement under the process. Forces support the medical and dental readiness (1) in paragraph (1), by striking ‘‘for the cost (c) DEADLINE FOR IMPLEMENTATION.—The re- of vaccines provided to covered beneficiaries responsibilities of the Director and the Secretary quirement in subsection (a) shall be implemented through such program’’; and concerned. for referrals under TRICARE Prime in calendar (4) MEDICAL FORCE REQUIREMENTS OF COM- (2) in paragraph (2)— year 2019. BATANT COMMANDS.— (A) in subparagraph (A), by striking ‘‘to pur- (d) EVALUATION AND IMPROVEMENT.—After (A) IN GENERAL.—Each operational medical chase vaccines provided’’ and inserting ‘‘in force readiness organization shall ensure that 2019, the Secretary shall— making vaccines available’’; (1) evaluate the process described in sub- the uniformed medical and dental personnel (B) in subparagraph (B), by striking ‘‘to pro- section (a) not less often annually; and serving in the military department concerned re- vide vaccines’’ and all that follows through the (2) make appropriate improvements to the ceive training and clinical practice opportuni- period at the end and inserting ‘‘with respect to process in light of such evaluation. ties necessary to ensure that such personnel are a State vaccination program may not exceed the (e) DEFINITIONS.—In this section, the terms capable of meeting the operational medical force amount the Department would reimburse an en- ‘‘TRICARE program’’ and ‘‘TRICARE Prime’’ requirements of the combatant commands appli- tity for making vaccines available to the number have the meaning given such terms in section cable to such personnel. Such training and of covered beneficiaries who reside in the State 1072 of title 10, United States Code. practice opportunities shall be provided through concerned.’’; and programs and activities of the Defense Health SEC. 714. SHARING OF INFORMATION WITH STATE (C) by adding at the end the following new PRESCRIPTION DRUG MONITORING subparagraph: Agency and by such other mechanisms as the PROGRAMS. Secretary shall designate for purposes of this ‘‘(C) INAPPLICABILITY OF LIMITATION.—Sub- (a) IN GENERAL.—Section 1074g of title 10, paragraph (B) shall not apply to amounts as- paragraph. United States Code, is amended— (B) REQUIREMENTS.—The commanders of the sessed by entities that provide independent (1) by redesignating subsections (g) and (h) as combatant commands shall apprise operational verification that the assessments of such entities subsections (h) and (i), respectively; and medical force readiness organizations of the (2) by inserting after subsection (f) the fol- are below the costs of the private sector in mak- operational medical force requirements of the lowing new subsection (g): ing vaccines available.’’. combatant commands through the Joint Staff. ‘‘(g) SHARING OF INFORMATION WITH STATE Subtitle C—Reports and Other Matters (5) NO COMMAND AUTHORITY.—An operational PRESCRIPTION DRUG MONITORING PROGRAMS.— medical force readiness organization established SEC. 721. EXTENSION OF AUTHORITY FOR JOINT (1) The Secretary of Defense shall establish and DEPARTMENT OF DEFENSE-DEPART- under paragraph (1) shall have no command au- maintain a program (to be known as the ‘Mili- MENT OF VETERANS AFFAIRS MED- thority. tary Health System Prescription Drug Moni- ICAL FACILITY DEMONSTRATION (g) DISESTABLISHMENT OF SUPERSEDED MED- toring Program’) in accordance with this sub- FUND. ICAL ORGANIZATIONS.— Section 1704(e) of the National Defense Au- (1) IN GENERAL.—Not later than the date on section. The program shall include a special em- phasis on drugs provided through facilities of thorization Act for Fiscal Year 2010 (Public Law which the Secretary of Defense establishes an 111–84; 123 Stat. 2573), as amended by section operational medical force readiness organization the uniformed services. ‘‘(2) The program shall be— 722 of the Carl Levin and Howard P. ‘‘Buck’’ within a military department pursuant to sub- McKeon National Defense Authorization Act for section (f), the Secretary of Defense shall, act- ‘‘(A) comparable to prescription drug moni- toring programs operated by States, including Fiscal Year 2015 (Public Law 113–291), section ing through the Secretary of such military de- 723 of the National Defense Authorization Act partment concerned, disestablish the following: such programs approved by the Secretary of Health and Human Services under section 399O for Fiscal Year 2016 (Public Law 114–92), section (A) In the case of the Army, the Army Medical 741(a) of the National Defense Authorization Command, and any associated subordinate com- of the Public Health Service Act (42 U.S.C. 280g– 3); and Act for Fiscal Year 2017 (Public Law 114–328), mand or organization. and section 719 of the National Defense Author- (B) In the case of the Navy, the Bureau of ‘‘(B) applicable to designated controlled sub- ization Act for Fiscal Year 2018 (Public Law Medicine and Surgery of the Navy, and any as- stance prescriptions under the pharmacy bene- 115–91), is further amended by striking ‘‘Sep- sociated subordinate command or organization. fits program. (C) In the case of the Air Force, the Air Force ‘‘(3)(A) The Secretary shall establish appro- tember 30, 2019’’ and inserting ‘‘September 30, Medical Service, and any associated subordinate priate procedures for the bi-directional sharing 2020’’. command or organization. of patient-specific information regarding pre- SEC. 722. INCREASE IN NUMBER OF APPOINTED (2) TRANSFER OF PERSONNEL AUTHORIZA- scriptions for designated controlled substances MEMBERS OF THE HENRY M. JACK- SON FOUNDATION FOR THE AD- TIONS.—Any personnel authorization of a com- between the program and State prescription VANCEMENT OF MILITARY MEDI- mand or organization disestablished pursuant to drug monitoring programs. CINE. paragraph (1) as of the date of disestablishment ‘‘(B) The purpose of sharing of information Section 178(c)(1)(C) of title 10, United States may be transferred by the Secretary to the De- under this paragraph shall be to prevent misuse Code, is amended by striking ‘‘four members’’ fense Health Agency or any other organization and diversion of opioid medications and other and inserting ‘‘six members’’. of the Department of Defense considered appro- designated controlled substances. ‘‘(C) Any disclosure of patient-specific infor- SEC. 723. CESSATION OF REQUIREMENT FOR priate by the Secretary, including an oper- MENTAL HEALTH ASSESSMENT OF ational medical force readiness organization mation by the Secretary under this paragraph is MEMBERS AFTER REDEPLOYMENT under subsection (f). an authorized disclosure for purposes of the FROM A CONTINGENCY OPERATION SEC. 713. STREAMLINING OF TRICARE PRIME health information privacy regulations promul- UPON DISCHARGE OR RELEASE BENEFICIARY REFERRAL PROCESS. gated under the Health Insurance Portability FROM THE ARMED FORCES. (a) IN GENERAL.—The Secretary of Defense and Accountability Act of 1996 (Public Law 104– Section 1074m of title 10, United States Code, shall streamline the process under section 1095f 191). is amended—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4096 CONGRESSIONAL RECORD — SENATE June 19, 2018

(1) in subsection (a)(1)(C), by striking ‘‘Once’’ (f) CONSTRUCTION OF AUTHORITIES.—Nothing this section referred to as ‘‘AFFF’’) on military and inserting ‘‘Subject to subsection (d), once’’; in this section may be construed to— installations to meet the requirements of mili- and (1) authorize an officer or employee of the tary specification MIL–F–24385F; (2) in subsection (d), by striking ‘‘subsection Federal Government to create, endorse, or other- (B) include any information in such registry (a)(1)(D)’’ and inserting ‘‘subparagraph (C) or wise incentivize a particular curriculum or de- that the Secretary of Veterans Affairs deter- (D) of subsection (a)(1)’’. gree track; or mines necessary to ascertain and monitor the SEC. 724. PILOT PROGRAM ON EARNING BY SPE- (2) require, direct, review, or control a State or health effects of the exposure of members of the CIAL OPERATIONS FORCES MEDICS educational institution, or the instructional Armed Forces to PFAS associated with AFFF; OF CREDITS TOWARDS A PHYSICIAN content, curriculum, and related activities of a (C) develop a public information campaign to ASSISTANT DEGREE. State or educational institution. inform eligible individuals about the registry, (a) IN GENERAL.—The Assistant Secretary of SEC. 725. PILOT PROGRAM ON PARTNERSHIPS including how to register and the benefits of Defense for Health Affairs shall conduct a pilot WITH CIVILIAN ORGANIZATIONS FOR registering; and program to assess the feasibility and advisability SPECIALIZED MEDICAL TRAINING. (D) periodically notify eligible individuals of of partnerships between special operations (a) IN GENERAL.—The Secretary of Defense significant developments in the study and treat- forces and institutions of higher education, and shall carry out a pilot program to assess the fea- ment of conditions associated with exposure to health care systems if determined appropriate by sibility and advisability of establishing partner- PFAS. the Assistant Secretary for purposes of the pilot ships with public, private, and non-profit orga- (2) COORDINATION.—The Secretary of Veterans program, through which special operations nizations and institutions to provide short-term Affairs shall coordinate with the Secretary of forces medics earn credit toward the master’s de- specialized medical training to advance the med- Defense in carrying out paragraph (1). gree of physician assistant for military oper- ical skills and capabilities of military medical (b) REPORTS.— ational work and training performed by the providers. (1) INITIAL REPORT.—Not later than two years medics. (b) DURATION.—The Secretary may carry out after the date on which the registry under sub- (b) DURATION.—The Assistant Secretary shall the pilot program under subsection (a) for a pe- section (a) is established, the Secretary of Vet- conduct the pilot program for a period not to ex- riod of not more than three years. erans Affairs shall submit to Congress an initial ceed five years. (c) EVALUATION METRICS.—Before com- report containing the following: (c) CLINICAL TRAINING.—Partnerships under mencing the pilot program under subsection (a), (A) An assessment of the effectiveness of ac- subsection (a) shall permit medics participating the Secretary shall establish metrics to be used tions taken by the Secretary of Veterans Affairs in the pilot program to conduct clinical training to evaluate the effectiveness of the pilot pro- and the Secretary of Defense to collect and at medical facilities of the Department of De- gram. maintain information on the health effects of fense and the civilian sector. (d) REPORTS.— exposure to PFAS. (d) EVALUATION.—The evaluation of work and (1) INITIAL REPORT.— (B) Recommendations to improve the collec- training performed by medics for which credits (A) IN GENERAL.—Not later than 180 days be- tion and maintenance of such information. are earned under the pilot program shall comply fore the commencement of the pilot program (C) Using established and previously pub- with civilian clinical evaluation standards ap- under subsection (a), the Secretary shall submit lished epidemiological studies, recommendations plicable to the awarding of master’s degrees of to the Committees on Armed Services of the Sen- regarding the most effective and prudent means physician assistant. ate and the House of Representatives a report of addressing the medical needs of eligible indi- (e) REPORTS.— on the pilot program. viduals with respect to exposure to PFAS. (1) INITIAL REPORT.—Not later than 180 days (B) ELEMENTS.—The report required by sub- (2) FOLLOW-UP REPORT.—Not later than five after the date of the enactment of this Act, the paragraph (A) shall include a description of the years after submitting the initial report under Secretary of Defense shall submit to the Commit- pilot program, the evaluation metrics established paragraph (1), the Secretary of Veterans Affairs tees on Armed Services of the Senate and the under subsection (c), and such other matters re- shall submit to Congress a follow-up report con- House of Representative a report that shall in- lating to the pilot program as the Secretary con- taining the following: clude the following: siders appropriate. (A) An update to the initial report submitted (A) A comprehensive framework for the mili- (2) FINAL REPORT.— under paragraph (1). tary education to be provided to special oper- (A) IN GENERAL.—Not later than 180 days (B) An assessment of whether and to what de- ations forces medics under the pilot program, in- after the completion of the pilot program under gree the content of the registry established cluding courses of instruction at institutions of subsection (a), the Secretary shall submit to the under subsection (a) is current and scientifically higher education and any health care systems Committees on Armed Services of the Senate and up-to-date. participating in the pilot program. the House of Representatives a report on the (3) INDEPENDENT SCIENTIFIC ORGANIZATION.— (B) Metrics to be used to assess the effective- pilot program. The Secretary of Veterans Affairs shall enter ness of the pilot program. (B) ELEMENTS.—The report required by sub- into an agreement with an independent sci- (C) A description of the mechanisms to be used paragraph (A) shall include the following: entific organization to prepare the reports under by the Department, medics, or both to cover the (i) A description of the pilot program, includ- paragraphs (1) and (2). costs of education received by medics under the ing the partnerships established under the pilot (c) RECOMMENDATIONS FOR ADDITIONAL EXPO- pilot program through institutions of higher program as described in subsection (a). SURES TO BE INCLUDED.—Not later than five education or health care systems, including (ii) An assessment of the effectiveness of the years after the date of the enactment of this payment by the Department in return for a mili- pilot program. Act, and every five years thereafter, the Sec- tary service commitment, tuition or other edu- (iii) Such recommendations for legislative or retary of Veterans Affairs, in consultation with cational assistance by the Department, use by administrative action as the Secretary considers the Secretary of Defense and the Administrator medics of post-9/11 educational assistance avail- appropriate in light of the pilot program, in- of the Environmental Protection Agency, shall able through the Department of Veterans Af- cluding recommendations for extending or mak- submit to Congress recommendations for addi- fairs, and any other mechanisms the Secretary ing permanent the authority for the pilot pro- tional chemicals with respect to which individ- considers appropriate for purposes of the pilot gram. uals exposed to such chemicals should be in- program. (e) FUNDING.— cluded in the registry established under sub- (2) FINAL REPORT.—Not later than 180 days (1) IN GENERAL.—The amount authorized to be section (a). after completion of the pilot program, the Sec- appropriated for fiscal year 2019 for the Depart- (d) ELIGIBLE INDIVIDUAL DEFINED.—In this retary shall submit to the Committees on Armed ment of Defense for the Defense Health Program section, the term ‘‘eligible individual’’ means Services of the Senate and the House of Rep- for education and training shall be increased by any individual who, on or after a date specified resentatives a final report on the pilot program. $2,500,000. by the Secretary of Veterans Affairs through The report shall include the following: (2) AVAILABILITY.—The amount of the in- regulations, served or is serving in the Armed (A) An evaluation of the pilot program using crease of the authorization under paragraph (1) Forces at a military installation where AFFF the metrics of assessment set forth pursuant to shall be available to carry out this section and was used or at another location of the Depart- paragraph (1)(B). shall remain available for obligation until the ment of Defense where AFFF was used. (B) An assessment of the utility of the funding completion of the pilot program under this sec- SEC. 727. INCLUSION OF GAMBLING DISORDER IN mechanisms set forth pursuant to paragraph tion. HEALTH ASSESSMENTS FOR MEM- (1)(C). SEC. 726. REGISTRY OF INDIVIDUALS EXPOSED BERS OF THE ARMED FORCES AND (C) An assessment of the effects of the pilot TO PER- AND POLYFLUOROALKYL RELATED RESEARCH EFFORTS. program on recruitment and retention of medics SUBSTANCES ON MILITARY INSTAL- (a) ANNUAL PERIODIC HEALTH ASSESSMENT.— for special operations forces. LATIONS. The Secretary of Defense shall incorporate med- (D) An assessment of the feasibility and advis- (a) ESTABLISHMENT OF REGISTRY.— ical screening questions specific to gambling dis- ability of extending one or more authorities for (1) IN GENERAL.—Not later than one year after order into the Annual Periodic Health Assess- joint professional military education under the date of the enactment of this Act, the Sec- ment conducted by the Department of Defense chapter 107 of title 10, United States Code, to retary of Veterans Affairs shall— for members of the Armed Forces. warrant officers or enlisted personnel, and if the (A) establish and maintain a registry for eligi- (b) RESEARCH EFFORTS.—The Secretary shall Secretary considers the extension of any such ble individuals who may have been exposed to incorporate into ongoing research efforts of the authorities feasible and advisable, recommenda- per- and polyfluoroalkyl substances (in this sec- Department questions on gambling disorder, as tions for legislative or administrative action to tion referred to as ‘‘PFAS’’) due to the environ- appropriate, including by restoring such ques- so extend such authorities. mental release of aqueous film-forming foam (in tions into the Health Related Behaviors Survey

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4097 of Active Duty Military Personnel and the rence of the Under Secretary of Defense for Ac- system to exclude a particular source from con- Health Related Behaviors Survey of Reserve quisition and Sustainment, that— sideration for a subcontract under the contract. Component Personnel. ‘‘(A) use of the authority in subsection (a)(1) ‘‘(3) COVERED PROCUREMENT.—The term ‘cov- (c) REPORT.—Not later than two years after is necessary to protect national security by re- ered procurement’ means— the date of the enactment of this Act, the Sec- ducing supply chain risk; ‘‘(A) a source selection for a covered system or retary shall submit to the congressional defense ‘‘(B) less intrusive measures are not reason- a covered item of supply involving either a per- committees a report on efforts undertaken pur- ably available to reduce such supply chain risk; formance specification, as provided in section suant to subsections (a) and (b) and the find- and 2305(a)(1)(C)(ii) of this title, or an evaluation ings of the assessments and surveys described in ‘‘(C) in a case where the head of the covered factor, as provided in section 2305(a)(2)(A) of those subsections with respect to the prevalence agency plans to limit disclosure of information this title, relating to supply chain risk; of gambling disorder among members of the under subsection (a)(2), the risk to national se- ‘‘(B) the consideration of proposals for and Armed Forces. curity due to the disclosure of such information issuance of a task or delivery order for a covered SEC. 728. COMPTROLLER GENERAL REVIEW OF outweighs the risk due to not disclosing such in- system or a covered item of supply, as provided DEFENSE HEALTH AGENCY OVER- formation; and in section 2304c(d)(3) of this title, where the task SIGHT OF TRICARE MANAGED CARE ‘‘(3) providing a classified or unclassified no- or delivery order contract concerned includes a SUPPORT CONTRACTORS. tice of the determination made under paragraph contract clause establishing a requirement relat- (a) REVIEW.—Not later than 180 days after the (2) to the appropriate congressional committees, ing to supply chain risk; or date of the enactment of this Act, the Comp- which notice shall include— ‘‘(C) any contract action involving a contract troller General of the United States shall submit ‘‘(A) the information required by section for a covered system or a covered item of supply to the congressional defense committees a review 2304(f)(3) of this title; where such contract includes a clause estab- of the oversight conducted by the Defense ‘‘(B) the joint recommendation by the Under lishing requirements relating to supply chain Health Agency with respect to the transition of Secretary of Defense for Acquisition and risk. managed care support contractors for the Sustainment and the Chief Information Officer ‘‘(4) SUPPLY CHAIN RISK.—The term ‘supply TRICARE program. of the Department of Defense as specified in chain risk’ means the risk that an adversary (b) MATTERS INCLUDED.—The review con- paragraph (1); may sabotage, maliciously introduce unwanted ducted under subsection (a) shall include the ‘‘(C) a summary of the risk assessment by the function, or otherwise subvert the design, integ- following: Under Secretary of Defense for Intelligence that rity, manufacturing, production, distribution, (1) The extent to which the Defense Health serves as the basis for the joint recommendation installation, operation, or maintenance of a cov- Agency provided guidance and oversight to the specified in paragraph (1); and ered system so as to surveil, deny, disrupt, or outgoing and incoming managed care support ‘‘(D) a summary of the basis for the deter- otherwise degrade the function, use, or oper- contractors during the transition period prior to mination, including a discussion of less intru- ation of such system. the start of health care delivery. sive measures that were considered and why ‘‘(5) COVERED SYSTEM.—The term ‘covered sys- (2) The extent to which there were any issues they were not reasonably available to reduce tem’ means a national security system, as that with health care delivery, and if so— supply chain risk. term is defined in section 3542(b) of title 44. (A) the effect, if any, of the guidance and ‘‘(c) DELEGATION.—The head of a covered ‘‘(6) COVERED ITEM OF SUPPLY.—The term oversight by the Defense Health Agency during agency may not delegate the authority provided ‘covered item of supply’ means an item of infor- the transition period on those issues; and in subsection (a) or the responsibility to make a mation technology (as that term is defined in (B) the solutions of the Defense Health Agen- determination under subsection (b) to an official section 11101 of title 40) that is purchased for in- cy for remediating any deficiencies of managed below the level of the service acquisition execu- clusion in a covered system, and the loss of in- care support contractors. tegrity of which could result in a supply chain (3) The extent to which the Defense Health tive for the agency concerned. ‘‘(d) LIMITATION ON DISCLOSURE.—If the head risk for a covered system. Agency has reviewed any lessons learned from of a covered agency has exercised the authority ‘‘(7) APPROPRIATE CONGRESSIONAL COMMIT- prior transitions and incorporated those lessons provided in subsection (a)(2) to limit disclosure TEES.—The term ‘appropriate congressional com- into the current transition. of information— mittees’ means— (c) ONGOING REQUIREMENT.—The Comptroller ‘‘(A) in the case of a covered system included ‘‘(1) no action undertaken by the agency head General shall review any transition of managed in the National Intelligence Program or the under such authority shall be subject to review care support contractors for the TRICARE pro- Military Intelligence Program, the Select Com- in a bid protest before the Government Account- gram occurring after the date of the review mittee on Intelligence of the Senate, the Perma- ability Office or in any Federal court; and under subsection (a) and submit to the congres- nent Select Committee on Intelligence of the ‘‘(2) the agency head shall— sional defense committees a similar review for House of Representatives, and the congressional ‘‘(A) notify appropriate parties of a covered each such transition. defense committees; and procurement action and the basis for such ac- (d) TRICARE PROGRAM DEFINED.—In this ‘‘(B) in the case of a covered system not other- tion only to the extent necessary to effectuate section, the term ‘‘TRICARE program’’ has the wise included in subparagraph (A), the congres- the covered procurement action; meaning given that term in section 1072 of title sional defense committees.’’. ‘‘(B) notify other Department of Defense com- 10, United States Code. (2) CLERICAL AMENDMENT.—The table of sec- ponents or other Federal agencies responsible tions at the beginning of such chapter is amend- TITLE VIII—ACQUISITION POLICY, ACQUI- for procurements that may be subject to the SITION MANAGEMENT, AND RELATED ed by inserting after the item relating to section same or similar supply chain risk, in a manner 2339 the following new item: MATTERS and to the extent consistent with the require- ‘‘2339a. Requirements for information relating to Subtitle A—Acquisition Policy and ments of national security; and supply chain risk.’’. Management ‘‘(C) ensure the confidentiality of any such (b) REPEAL OF OBSOLETE AUTHORITY.—Sec- SEC. 801. PERMANENT SUPPLY CHAIN RISK MAN- notifications. tion 806(g) of the Ike Skelton National Defense AGEMENT AUTHORITY. ‘‘(e) DEFINITIONS.—In this section: Authorization Act for Fiscal Year 2011 (Public (a) PERMANENT EXTENSION OF AUTHORITY.— ‘‘(1) HEAD OF A COVERED AGENCY.—The term Law 111–383; 10 U.S.C. 2304 note) is hereby re- (1) IN GENERAL.—Chapter 137 of title 10, ‘head of a covered agency’ means each of the pealed. United States Code, is amended by adding at the following: end the following new section: ‘‘(A) The Secretary of Defense. SEC. 802. COMMERCIALLY AVAILABLE MARKET RESEARCH. ‘‘§ 2339a. Requirements for information relat- ‘‘(B) The Secretary of the Army. (a) IN GENERAL.—Subsection (e) of section ‘‘(C) The Secretary of the Navy. ing to supply chain risk 2431a of title 10, United States code, is amended ‘‘(D) The Secretary of the Air Force. ‘‘(a) AUTHORITY.—Subject to subsection (b), by adding at the end the following new para- ‘‘(2) COVERED PROCUREMENT ACTION.—The the head of a covered agency may— graph: term ‘covered procurement action’ means any of ‘‘(1) carry out a covered procurement action; ‘‘(10) The term ‘market research’ includes— and the following actions, if the action takes place ‘‘(A) government market research directly ‘‘(2) limit, notwithstanding any other provi- in the course of conducting a covered procure- with prospective vendors, including— sion of law, in whole or in part, the disclosure ment: ‘‘(i) contacting knowledgeable individuals in of information relating to the basis for carrying ‘‘(A) The exclusion of a source that fails to government and industry regarding market ca- out a covered procurement action. meet qualification standards established in ac- pabilities to meet requirements; ‘‘(b) DETERMINATION AND NOTIFICATION.—The cordance with the requirements of section 2319 ‘‘(ii) reviewing the results of recent market re- head of a covered agency may exercise the au- of this title for the purpose of reducing supply search undertaken to meet similar or identical thority provided in subsection (a) only after— chain risk in the acquisition of covered systems. requirements; ‘‘(1) obtaining a joint recommendation by the ‘‘(B) The exclusion of a source that fails to ‘‘(iii) publishing formal requests for informa- Under Secretary of Defense for Acquisition and achieve an acceptable rating with regard to an tion in appropriate technical or scientific jour- Sustainment and the Chief Information Officer evaluation factor providing for the consider- nals or business publications; of the Department of Defense, on the basis of a ation of supply chain risk in the evaluation of ‘‘(iv) querying the governmentwide database risk assessment by the Under Secretary of De- proposals for the award of a contract or the of contracts and other procurement instruments fense for Intelligence, that there is a significant issuance of a task or delivery order. intended for use by multiple agencies; supply chain risk to a covered system; ‘‘(C) The decision to withhold consent for a ‘‘(v) participating in interactive, on-line com- ‘‘(2) making a determination in writing, in un- contractor to subcontract with a particular munication among industry, acquisition per- classified or classified form, with the concur- source or to direct a contractor for a covered sonnel, and customers;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4098 CONGRESSIONAL RECORD — SENATE June 19, 2018 ‘‘(vi) obtaining source lists of similar items Subtitle B—Amendments to General Con- the United States Court of Federal Claims to the from other contracting activities or agencies, tracting Authorities, Procedures, and Limi- extent such entities may establish a similar trade associations, or other sources; tations process at their election. ‘‘(vii) reviewing catalogs and other generally SEC. 811. DEPARTMENT OF DEFENSE CON- (3) REPORT.—Not later than May 1, 2019, the available product literature published by manu- TRACTING DISPUTE MATTERS. Secretary of Defense shall submit to the congres- facturers, distributors, and dealers or available (a) IN GENERAL.—Not later than 180 days sional defense committees a report on the plan online; after the date of enactment of this Act, the Sec- and schedule for implementation of the expe- ‘‘(viii) conducting interchange meetings or retary of Defense shall carry out a study of the dited bid protest process, which shall include a holding presolicitation conferences to involve frequency and effects of bid protests involving request for any additional authorities the Sec- potential offerors early in the acquisition proc- the same contract award or proposed award retary determines appropriate for such efforts. ess; and that have been filed at both the Government Ac- SEC. 812. CONTINUATION OF TECHNICAL DATA ‘‘(ix) ensuring that any conflicts of interest countability Office and the United States Court RIGHTS DURING CHALLENGES. presented by vendors providing government ca- of Federal Claims. The study shall cover De- (a) EXERCISE OF RIGHTS IN TECHNICAL DATA pability statements are both disclosed and miti- partment of Defense contracts and include, at a BEFORE FINAL DISPOSITION OF A CHALLENGE.— gated; and minimum— Section 2321(i) of title 10, United States Code, is ‘‘(B) commercially available third-party mar- (1) the number of protests that have been filed amended— ket research.’’. (1) in the subsection heading, by inserting (b) REVIEW.—Not later than 120 days after the with both tribunals and results; (2) the number of such protests where the tri- ‘‘PRIOR TO AND’’ after ‘‘RIGHTS AND LIABILITY’’; date of the enactment of this Act, the Under (2) by redesignating paragraphs (1) and (2) as bunals differed in denying or sustaining the ac- Secretary of Defense for Acquisition and paragraphs (3) and (4), respectively; and Sustainment, in consultation with the Under tion; (3) by inserting before paragraph (3), as so re- Secretary of Defense for Research and Engineer- (3) the length of time, in average time and me- designated, the following new paragraphs: ing, shall review the guidance of the Depart- dian time— ‘‘(1) Upon issuance of a challenge to a use or ment of Defense with regard to those portions of (A) from initial filing at the Government Ac- release restriction asserted by a contractor or the Federal Acquisition Regulation regarding countability Office to decision in the United subcontractor under the contract made pursu- commercially available market research, includ- States Court of Federal Claims; ant to subsection (d) or made under procedures ing sections 10.001(a)(2)(vi) and 10.002(b). The (B) from filing with each tribunal to decision established by the Department of Defense for review shall, at a minimum— by such tribunal; challenges to asserted use or release restrictions (1) assess the impact that conducting market (C) from the time at which the basis of the in connection with noncommercial computer research has on the Department’s resources; and protest is known to the time of filing in each tri- software, and until final disposition of such a (2) ensure that commercially available market bunal; and challenge, the Department of Defense may exer- research is considered among other sources of (D) in the case of an appeal from a decision cise rights in the technical data or noncommer- research, as appropriate, and reviewed prior to of the United States Court of Federal Claims, cial computer software rights consistent with developing new requirements documents for an from the date of the initial filing of the appeal the grounds identified in the challenge pursuant acquisition by the Department. to decision in the appeal; to subsection (d)(3), (or the grounds identified SEC. 803. COMPTROLLER GENERAL ASSESSMENT (4) the number of protests where performance under corresponding Department of Defense OF ACQUISITION PROGRAMS AND was stayed or enjoined and for how long; procedures in the case of noncommercial com- RELATED INITIATIVES. (5) if performance was stayed or enjoined, puter software) in order to meet Department of (a) IN GENERAL.—Chapter 131 of title 10, whether the requirement was obtained in the in- Defense mission requirements. United States Code, is amended by adding at the terim through another vehicle or in-house, or ‘‘(2) In the event that the challenge made by end the following new section: whether during the period of the stay or enjoin- the government is not sustained upon final dis- ‘‘§ 2229b. Comptroller General assessment on ing the requirement went unfulfilled; position, the contractor or subcontractor shall acquisition programs and initiatives (6) separately for each tribunal, the number of have only a right to damages against the United protests where performance was stayed or en- ‘‘(a) ASSESSMENT REQUIRED.—The Comptroller States if the United States was found to have General of the United States shall submit to the joined and monetary damages were awarded, not acted in good faith and as otherwise pro- congressional defense committees an annual as- which shall include for how long performance vided by law arising from the exercise of rights sessment of selected acquisition programs and was stayed or enjoined and the amount of mon- described in paragraph (1) during the time pe- initiatives of the Department of Defense by etary damages; riod described in such paragraph.’’. March 30th of each year, beginning in 2020. (7) whether the protestor was a large or small (b) REVISION OF THE DEFENSE FEDERAL AC- ‘‘(b) ANALYSES TO BE INCLUDED.—The assess- business; and QUISITION REGULATION SUPPLEMENT.—Not later ment required under subsection (a) shall in- (8) whether the protestor was the incumbent than 180 days after the date of the enactment of clude— in a prior contract for the same or similar prod- this Act, the Secretary of Defense shall revise ‘‘(1) a macro analysis of how well acquisition uct or service. the Defense Federal Acquisition Regulation programs and initiatives are performing and (b) REPORT.—Not later than 180 days after the Supplement, by interim or final rule, to imple- reasons for that performance; date of enactment of this Act, the Secretary of ment the amendments made by subsection (a). ‘‘(2) a summary of organizational and legisla- Defense shall submit to the congressional de- (c) EFFECTIVE DATE.—The amendments made tive changes and emerging assessment meth- fense committees, the Committee on the Judici- by subsection (a) and the revision required by odologies since the last assessment, and a dis- ary of the Senate, and the Committee on the Ju- subsection (b) shall become effective on the date cussion of the implications for execution and diciary of the House of Representatives a report of publication of the interim or final rule oversight of programs and initiatives; and on the results of the study, along with related (whichever is earlier) required by subsection (b) ‘‘(3) specific analyses of individual acquisition recommendations for improving the expediency and shall apply to solicitations issued by De- programs and initiatives. of the bid protest process. In preparing the re- partment of Defense contracting activities after ‘‘(c) ACQUISITION PROGRAMS AND INITIATIVES port, the Secretary shall consult with the Attor- that date unless the senior procurement execu- TO BE CONSIDERED.—The assessment required ney General of the United States, the Comp- tive of the agency concerned grants a waiver on under subsection (a) shall consider the following troller General of the United States, and the a case-by-case basis. programs and initiatives: United States Court of Federal Claims. (d) GUIDANCE ON TECHNICAL DATA RIGHT NE- ‘‘(1) Selected weapon systems, as determined (c) ONGOING DATA COLLECTION.—Not later GOTIATION.—The Secretary of Defense shall de- appropriate by the Comptroller General. than 270 days after the date of enactment of this velop policies on the negotiation of technical ‘‘(2) Selected information technology systems Act, the Secretary of Defense shall establish and data rights for noncommercial software that re- and initiatives, including defense business sys- continuously maintain a data repository to col- flects the Department of Defense’s needs for tems, networks, and software-intensive systems, lect on an ongoing basis the information de- technical data rights in the event of a protest or as determined appropriate by the Comptroller scribed in subsection (a) and any additional rel- replacement of incumbent contractor to meet de- General. evant bid protest data the Secretary determines fense requirements in the most cost effective ‘‘(3) Selected prototyping and rapid fielding necessary and appropriate to allow the Depart- manner. activities and initiatives, as determined appro- ment of Defense, the Government Accountability SEC. 813. INCREASED MICRO-PURCHASE THRESH- priate by the Comptroller General.’’. Office, and the United States Court of Federal OLD. (b) CLERICAL AMENDMENT.—The table of sec- Claims to assess and review bid protests over (a) IN GENERAL.—Section 2338 of title 10, tions at the beginning of such chapter is amend- time. United States Code, is amended by striking ed by inserting after the item relating to section (d) ESTABLISHMENT OF EXPEDITED PROCESS ‘‘Notwithstanding subsection (a) of section 1902 2229a the following new item: FOR SMALL VALUE CONTRACTS.— of title 41, the micro-purchase threshold for the ‘‘2229b. Comptroller General assessment on ac- (1) IN GENERAL.—Not later than December 1, Department of Defense for purposes of such sec- quisition programs and related 2019, the Secretary of Defense shall develop a tion is $5,000’’ and inserting ‘‘The micro-pur- initiatives.’’. plan and schedule for an expedited bid protest chase threshold for the Department of Defense (c) REPEAL OF SUPERSEDED AUTHORITY.—Sec- process for Department of Defense contracts is $10,000’’. tion 883(d) of the National Defense Authoriza- with a value of less than $100,000. (b) CONFORMING AMENDMENT.—Section tion Act for Fiscal Year 2016 (Public Law 114–92; (2) CONSULTATION.—In carrying out para- 1902(a)(1) of title 41, United States Code, is 10 U.S.C. 2222 note) is amended by striking graph (1), the Secretary of Defense may consult amended by striking ‘‘sections 2338 and 2339 of paragraph (1). with the Government Accountability Office and title 10 and’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4099

(c) REPEAL OF OBSOLETE AUTHORITY.— performance of a contractor, including sub- ‘‘(i) CONSENT TO SUBCONTRACT.—If the con- (1) IN GENERAL.—Section 2339 of title 10, contractors and joint venture partners, includ- tractor on a Department of Defense contract re- United States Code, is repealed. ing— quiring a contracting officer’s written consent (2) CLERICAL AMENDMENT.—The table of sec- (A) where no severable element of the work prior to the contractor entering into a sub- tions at the beginning of chapter 137 of title 10, has been completed; contract has an approved purchasing system, United States Code, is amended by striking the (B) where the contracting officer determines the contracting officer may not withhold such item relating to section 2339. that— consent without the written approval of the pro- SEC. 814. MODIFICATION OF LIMITATIONS ON (i) an insubstantial portion of the contract gram manager.’’. SINGLE SOURCE TASK OR DELIVERY work has been completed in the preceding year; (b) CONFORMING REGULATIONS.—Not later ORDER CONTRACTS. and than 120 days after the date of the enactment of Section 2304a(d)(3)(A) of title 10, United States (ii) the lack of performance is at non-fault to this Act, the Secretary of Defense shall revise Code, is amended by striking ‘‘reasonably per- the contractor; or the Defense Federal Acquisition Regulation form the work’’ and inserting ‘‘efficiently per- (C) where the contracting officer determines Supplement to conform with the amendments to form the work’’. that there is an issue in dispute which, until re- section 893 of the Ike Skelton National Defense solved, would likely cause the annual rating to SEC. 815. PRELIMINARY COST ANALYSIS RE- Authorization Act for Fiscal Year 2011 (Public QUIREMENT FOR EXERCISE OF inaccurately reflect the past performance of the Law 111–383; 10 U.S.C. 2302 note) made by this MULTIYEAR CONTRACT AUTHORITY. contractor. section. (b) REPORT ON CONTRACTOR PERFORMANCE Section 2306b(i)(2)(B) of title 10, United States SEC. 819. COMPTROLLER GENERAL OF THE APPEALS.—Not later than 180 days after the Code, is amended— UNITED STATES REPORT ON (1) by striking ‘‘made after the completion of date of the enactment of this Act, the Secretary PROGRESS PAYMENT FINANCING OF a cost analysis’’ and inserting ‘‘supported by a of Defense shall submit to the defense commit- DEPARTMENT OF DEFENSE CON- preliminary cost analysis’’; and tees a report on contractor and subcontractor TRACTS. (2) by striking ‘‘for the purpose of section past performance evaluations and appeals, in- (a) REPORT REQUIRED.—Not later than 180 2334(e)(1) of this title, and that the analysis cluding— days after the date of the enactment of this Act, supports those preliminary findings’’. (1) data on the number of performance eval- the Comptroller General of the United States uation appeals filed by contractors and sub- SEC. 816. INCLUSION OF BEST AVAILABLE INFOR- shall submit to the congressional defense com- MATION REGARDING PAST PER- contractors within the previous five years; mittees a report on the results of an analysis, FORMANCE OF SUBCONTRACTORS (2) the frequency that an appeal was success- conducted by the Comptroller General, of the ef- AND JOINT VENTURE PARTNERS. ful and the performance evaluation was fects of current financing levels of Department (a) REQUIREMENTS FOR PERFORMANCE OF SUB- changed favorably for the contractor; of Defense contracts on contractors of the De- CONTRACTORS AND JOINT VENTURE PARTNERS.— (3) the time it takes for an appeal to make its partment and the budgets of the Department. way through the process from filing to adjudica- Not later than 180 days after the date of the en- (b) ELEMENTS.— tion; and actment of this Act, the Secretary of Defense, in (1) IN GENERAL.—The report required by sub- (4) what impact the appeals process has on consultation with the Federal Acquisition Regu- section (a) shall include an analysis and assess- the tracking of information in the performance latory Council and the Administrator for Fed- ment of the impact of the matters specified in database system and consideration of contractor eral Procurement Policy, shall develop policies paragraph (2), for both government and busi- and subcontractor performance on future con- for the Department of Defense to ensure the best ness, on— tracts. information regarding past performance of cer- (A) the relationship between financing (c) AGENCY PROGRESS ON PERFORMANCE EVAL- tain subcontractors and joint venture partners amounts and contractor profit; and UATIONS.—Not later than 180 days after the date is available when awarding Department of De- (B) the willingness of contractors to pursue of the enactment of this Act, the Secretary of fense contracts. The policies shall include pro- contracts with the Department. Defense shall develop a scorecard that compares posed revisions to the Defense Federal Acquisi- (2) COVERED MATTERS.—The matters specified the timeliness, completeness, and accuracy of tion Regulation Supplement as follows: in this paragraph are each of the following contractor performance evaluations among the (1) Required performance evaluations, as part under Department contracts: Department’s components. This scorecard shall of a government-wide evaluation reporting tool, (A) Past changes to progress payment rates be reported annually to Congress and made pub- for first-tier subcontractors performing a portion and conditions. licly available not later than December 31 for of the contract valued at not less than 20 per- (B) Progress payment rates and limitations on the prior fiscal year until 2024. cent of the value of the prime contract, pro- progressing for undefinitized contract actions. (d) CONGRESSIONAL ACCESS TO PERFORMANCE vided— SEC. 820. AUTHORIZATION TO LIMIT FOREIGN AC- (A) the information included in rating the DATA.— (1) IN GENERAL.—At the written request of a CESS TO TECHNOLOGY THROUGH subcontractor is not inconsistent with the infor- Chairman or Ranking Member of one of the ap- CONTRACTS. mation included in the rating for the prime con- propriate congressional committees, the Sec- The Under Secretary of Defense for Research tractor; retary of Defense shall make all contractor per- and Engineering, or a designee of the Under (B) the subcontractor evaluation is conducted formance evaluations available through elec- Secretary, may include in the terms of any con- consistent with the provisions of section 42.15 of tronic access to data systems or in another man- tract that the Under Secretary enters into a pro- the Federal Acquisition Regulation; ner specified by the request for designated staff vision that— (C) negative evaluations of a subcontractor in members of the appropriate congressional com- (1) limits access by select persons or organiza- no way obviate the prime contractor’s responsi- mittees. tions to technology that is the subject of the bility for successful completion of the contract (2) APPROPRIATE CONGRESSIONAL COMMIT- contract under terms defined by the Under Sec- and management of its subcontractors; and TEES.—In this subsection, the term ‘‘appropriate retary, including by limiting such access to spe- (D) that in the judgment of the contracting of- congressional committees’’ means— cific periods of time; and ficer, the overall execution of the work is im- (A) the congressional defense committees; (2) if the person or organization violates the pacted by the performance of the subcontractor (B) the Committee on Homeland Security and requirement described in paragraph (1), the or subcontractors. Governmental Affairs of the Senate; and Under Secretary may require the person or orga- (2) Required performance evaluations, as part (C) the Committee on Oversight and Govern- nization to forfeit intellectual property rights of a government-wide evaluation reporting tool, ment Reform of the House of Representatives. associated with the contract. of individual partners of joint venture-awarded, SEC. 817. MODIFICATION OF CRITERIA FOR WAIV- SEC. 821. BRIEFING REQUIREMENT ON SERVICES to ensure that past performance on joint venture ERS OF REQUIREMENT FOR CER- CONTRACTS. projects is considered in future awards to indi- TIFIED COST AND PRICE DATA. Not later than 180 days after the date of the vidual joint venture partners, provided— Section 817(b)(2) of the Bob Stump National enactment of this Act, and every 180 days there- (A) at a minimum, the rating for joint ven- Defense Authorization Act for Fiscal Year 2003 after until the requirements of section 2329(b) of tures includes an identification that allows the (Public Law 107–314; 10 U.S.C. 2306a note) is title 10, United States Code, are met, the Under evaluation to be retrieved for each partner of amended by striking ‘‘; and’’ and inserting ‘‘; Secretary of Defense for Acquisition and the joint venture; or’’. Sustainment shall brief the congressional de- (B) each partner, through the joint venture, is SEC. 818. SUBCONTRACTING PRICE AND AP- fense committees on the progress of Department given the same opportunity to submit comments, PROVED PURCHASING SYSTEMS. of Defense efforts to meet the requirements of rebutting statements, or additional information, (a) AMENDMENT.—Section 893 of the Ike Skel- such section, including relevant information on consistent with the provisions of section 42.15 of ton National Defense Authorization Act for Fis- the methodology and implementation plans for the Federal Acquisition Regulation; and cal Year 2011 (Public Law 111–383; 10 U.S.C. future compliance. (C) the rating clearly identifies the respon- 2302 note) is amended— sibilities of joint venture partners for discrete SEC. 822. SENSE OF CONGRESS ON AWARDING OF (1) in subsection (g), by adding at the end the CONTRACTS TO RESPONSIBLE COM- elements of the work where the partners are not following new paragraph: PANIES THAT PRIMARILY EMPLOY jointly and severally responsible for the project. ‘‘(5) The term ‘approved purchasing system’ AMERICAN WORKERS AND DO NOT (3) Processes to request exceptions from the has the meaning given the term in section 44.101 ACTIVELY TRANSFER AMERICAN annual evaluation requirement under section of the Federal Acquisition Regulation (or any JOBS TO POTENTIAL ADVERSARIES. 42.1502(a) of the Federal Acquisition Regulation similar regulation).’’; and It is the sense of Congress that the Depart- where submission of the annual evaluations (2) by adding at the end the following new ment of Defense should award contracts to re- would not provide the best representation of the subsection: sponsible companies that primarily employ

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4100 CONGRESSIONAL RECORD — SENATE June 19, 2018 United States workers or are partners in the na- Subtitle D—Provisions Relating to Acquisition briefing to the congressional defense committees tional technology and industrial base and do Workforce on the study conducted under subsection (a) not actively transfer United States jobs to po- SEC. 841. PERMANENT AUTHORITY FOR DEM- (c) FINAL REPORT.—Not later than March 1, tential adversaries. ONSTRATION PROJECTS RELATING 2019, the exchange team shall submit a final re- TO ACQUISITION PERSONNEL MAN- port on the study to the Under Secretary of De- Subtitle C—Provisions Relating to Major AGEMENT POLICIES AND PROCE- fense for Acquisition and Sustainment and the Defense Acquisition Programs DURES. congressional defense committees. ERMANENT UTHORITY SEC. 831. PROGRAM COST, FIELDING, AND PER- (a) P A .—Section 1762 of SEC. 843. EXCHANGE PROGRAM FOR ACQUISITION FORMANCE GOALS IN PLANNING title 10, United States Code, is amended by strik- WORKFORCE EMPLOYEES. MAJOR ACQUISITION PROGRAMS. ing subsections (g) and (h). (a) PROGRAM AUTHORIZED.—The Secretary of (b) SCOPE OF AUTHORITY.—Subsection (a) of Section 2448a of title 10, United States Code, is Defense shall establish an exchange program such section is amended by striking ‘‘COM- amended— under which the Under Secretary of Defense for MENCEMENT.—’’ and all that follows through ‘‘a Acquisition and Sustainment shall arrange for (1) in subsection (a)— demonstration project,’’ and inserting ‘‘IN GEN- the temporary assignment of civilian personnel (A) by striking ‘‘Secretary of Defense’’ and in- ERAL.—The Secretary of Defense may carry out in the Department of Defense acquisition work- serting ‘‘designated milestone decision authority demonstration projects’’. force. for the major defense acquisition program’’; and SEC. 842. ESTABLISHMENT OF INTEGRATED RE- (b) PURPOSES.—The purposes of the exchange VIEW TEAM ON DEFENSE ACQUISI- program established pursuant to subsection (a) (B) by striking ‘‘the milestone decision au- TION INDUSTRY-GOVERNMENT EX- thority for the major defense acquisition pro- CHANGE. are— gram approves a program that’’ and inserting (a) STUDY.— (1) to familiarize personnel from the acquisi- ‘‘the program’’; and (1) IN GENERAL.—Not later than 30 days after tion workforce with the equities, priorities, proc- (2) by striking subsection (b). the date of the enactment of this Act, the Sec- esses, culture, and workforce of the acquisition- retary of Defense shall direct the Defense Busi- related defense agencies; SEC. 832. IMPLEMENTATION OF RECOMMENDA- (2) to enable participants in the exchange pro- TIONS OF THE INDEPENDENT STUDY ness Board to convene an integrated review team (in this section referred to as the ‘‘ex- gram to return the expertise gained through ON CONSIDERATION OF their exchanges to their original organizations; SUSTAINMENT IN WEAPONS SYS- change team’’) to undertake a study on facili- TEMS LIFE CYCLE. tating the exchange of defense industry per- and sonnel on term assignments within the Depart- (3) to improve communication between and in- (a) IMPLEMENTATION REQUIRED.—Not later tegration of the organizations that support the than 18 months after the date of the enactment ment of Defense. (2) MEMBER PARTICIPATION.— policy, implementation, and oversight of defense of this Act, the Secretary of Defense shall, ex- (A) DEFENSE BUSINESS BOARD.—The Chairman acquisition through lasting relationships. cept as provided under subsection (b), commence of the Defense Business Board shall select six (c) PARTICIPANTS.— implementation of each recommendation sub- members from the membership of the Board to (1) NUMBER OF PARTICIPANTS.—The Under mitted as part of the independent assessment participate on the exchange team, including one Secretary shall select not less than 10 and no produced under section 844 of the National De- member to lead the team. more than 20 participants per year for participa- fense Authorization Act for Fiscal Year 2017 (B) DEFENSE INNOVATION BOARD.—The Chair- tion in the exchange program established under (Public Law 114–328; 130 Stat. 2290). man of the Defense Innovation Board shall se- subsection (a). (b) EXCEPTIONS.— lect five appropriate members from the member- (2) CRITERIA FOR SELECTION.—The Under Sec- (1) DELAYED IMPLEMENTATION.—The Sec- ship of their Board to participate on the ex- retary shall select participants for the exchange retary of Defense may commence implementa- change team. program established under subsection (a) from tion of a recommendation described under sub- (C) DEFENSE SCIENCE BOARD.—The Chairman among mid-career employees and based on— section (a) later than the date required under of the Defense Science Board shall select five (A) the qualifications and desire to participate such subsection if the Secretary provides the appropriate members from the membership of in the program of the employee; and congressional defense committees with a specific their Board to participate on the exchange (B) the technical needs and capacities of the justification for the delay in implementation of team. acquisition workforce, as applicable. such recommendation. (D) REQUIRED EXPERIENCE.—The Chairmen re- (d) TERMS.—Exchanges pursuant to the ex- ferred to in subparagraphs (a) through (C) shall change program established under subsection ONIMPLEMENTATION.—The Secretary of (2) N ensure that members have significant legislative (a) shall be for terms of one to two years, as de- Defense may opt not to implement a rec- or regulatory expertise and reflect diverse expe- termined and negotiated by the Under Sec- ommendation described under subsection (a) if riences in the public and private sector. retary. The terms may begin and end on a roll- the Secretary provides to the congressional de- (3) SCOPE.—The study conducted pursuant to ing basis. fense committees— paragraph (1) shall— (e) GUIDANCE AND IMPLEMENTATION.— (A) the reasons for the decision not to imple- (A) review legal, ethical, and financial disclo- (1) GUIDANCE.—Not later than 90 days after ment the recommendation; and sure requirements for industry-government ex- the date of the enactment of this Act, the Under (B) a summary of the alternative actions the changes; Secretary shall develop and submit to the con- Secretary plans to take to address the purposes (B) review existing or previous industry-gov- gressional defense committees interim guidance underlying the recommendation. ernment exchange programs such as the Depart- on the form and contours of the exchange pro- ment of State’s Franklin Fellows Program and gram established under subsection (a). (c) IMPLEMENTATION PLANS.—For each rec- the Information Technology Exchange Program; (2) IMPLEMENTATION.—Not later than 180 days ommendation that the Secretary is imple- (C) review how the military departments ad- after the date of the enactment of this Act, the menting, or that the Secretary plans to imple- dress legal, ethical, and financial requirements Under Secretary shall implement the guidance ment, the Secretary shall submit to the congres- for members of the reserve components who also developed under paragraph (1). sional defense committees— maintain civilian employment in the defense in- Subtitle E—Provisions Relating to (1) a summary of actions that have been taken dustry; Commercial Items to implement the recommendation; and (D) produce specific and detailed rec- ommendations for any legislation, including the SEC. 851. REPORT ON COMMERCIAL ITEM PRO- (2) a schedule, with specific milestones, for CUREMENT REFORM. completing the implementation of the rec- amendment or repeal of regulations, as well as (a) REPORT REQUIRED.—Not later than March ommendation. non-legislative approaches, that the members of the exchange team conducting the study deter- 1, 2020, the Assistant Secretary of Defense for SEC. 833. PILOT PROGRAM TO ACCELERATE mine necessary to— Acquisition, in consultation with members of the MAJOR WEAPONS SYSTEM PRO- (i) reduce barriers to industry-government ex- Defense Business Board as appropriate, shall GRAMS. change to encourage the flow of acquisition best submit to the Committees on Armed Services of (a) IN GENERAL.—The Secretary of Defense practices; the Senate and the House of Representatives a shall establish a pilot program to reform and ac- (ii) ensure continuing financial and ethical report on reforms for commercial item procure- celerate the contracting and pricing processes integrity; and ment. associated with contracts in excess of $50,000,000 (iii) protect the best interests of the Depart- (b) ELEMENTS.—The report required under by— ment of Defense; and subsection (a) shall include the following ele- (1) basing price reasonableness determinations (E) produce such additional recommendations ments: (1) A review of recommendations by the inde- on actual cost and pricing data for purchases of for legislation as the members consider appro- pendent panel created under section 809 of the the same or similar products for the Department priate. National Defense Authorization Act for Fiscal of Defense; and (4) ACCESS TO INFORMATION.—The Secretary of Defense shall provide the exchange team with Year 2016 (Public Law 114–92; 112 Public Law (2) reducing the cost and pricing data to be timely access to appropriate information, data, 889) pertaining to commercial items. submitted in accordance with section 2306a of resources, and analysis so that the exchange (2) A review of commercial item provisions title 10, United States Code. team may conduct a thorough and independent from the National Defense Authorization Act for (b) SUNSET.—The authority to carry out the analysis as required under this subsection. Fiscal Year 2016 (Public Law 114–92), the Na- pilot program under this section shall expire on (b) BRIEFING.—Not later than December 31, tional Defense Authorization Act for Fiscal January 2, 2021. 2018, the exchange team shall provide an interim Year 2017 (Public Law 114–328), the National

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4101 Defense Authorization Act for Fiscal Year 2018 ‘‘(A) recommend the modification to this chap- manufacturing communities through a competi- (Public Law 115–91), and other relevant legisla- ter proposed pursuant to subsection (b)(2)(C); tive process, and in coordination with the de- tion. ‘‘(B) recommend the modification to this chap- fense manufacturing institutes. (3) An analysis of the extent to which the De- ter proposed pursuant to subsection (b)(2)(C) (2) ELIGIBLE CONSORTIUMS.—The Secretary partment of Defense should treat commercial with further modifications; or may establish eligibility criteria for a consortium service contracts and commercial products in a ‘‘(C) not recommend the modification to this to participate in the Program. In developing similar manner. chapter proposed pursuant to subsection such criteria, the Secretary may consider the (4) Such other matters with respect to commer- (b)(2)(C). merits of— cial item procurement as the Assistant Secretary ‘‘(4) JUSTIFICATION.—The determination re- (A) including members from academia, defense considers appropriate. quired under paragraph (2) shall also include industry, commercial industry, and State and Subtitle F—Industrial Base Matters the rationale and justification for the deter- local government organizations; (B) supporting efforts in geographical regions SEC. 861. NATIONAL TECHNOLOGY AND INDUS- mination. TRIAL BASE APPLICATION PROCESS. ‘‘(d) RECOMMENDATIONS FOR LEGISLATION.— that have capabilities in key technologies or in- (a) IN GENERAL.—Subchapter II of chapter 148 For applications recommended under subsection dustrial base supply chains that are determined of title 10, United States Code, is amended by (c), the official designated pursuant to sub- critical to national security; (C) optimal consortium composition and size adding at the end the following new section: section (b)(1) shall be responsible for preparing to promote effectiveness, collaboration, and effi- a legislative proposal for consideration by the ‘‘§ 2509. National technology and industrial ciency; and base application process Secretary.’’. (D) complementarity with defense manufac- ‘‘(a) IN GENERAL.—The Secretary of Defense (b) CLERICAL AMENDMENT.—The table of sec- turing institutes. shall administer a national technology and in- tions at the beginning of such subchapter is (3) DURATION.—Each designation under para- dustrial base application process. amended by adding at the end the following graph (1) shall be for a period designated by the ‘‘(b) ELEMENTS.—The application process re- new item: Secretary. quired under subsection (a) shall include the ‘‘2509. National technology and industrial base (4) RENEWAL.— following elements: application process.’’. (A) IN GENERAL.—The Secretary may renew a ‘‘(1) The Secretary shall designate an official (c) EFFECTIVE DATE.—Section 2509 of title 10, designation made under paragraph (1) for up to within the Office of the Secretary of Defense re- United States Code, as added by subsection (a), two additional two-year periods. Any designa- sponsible for administration of the national shall take effect 60 days after the date of the en- tion as a defense manufacturing community or technology and industrial base application proc- actment of this Act. renewal of such designation that is in effect be- ess and associated policy. SEC. 862. REPORT ON DEFENSE ELECTRONICS IN- fore the date of the enactment of this Act shall ‘‘(2) A person or organization that meets the DUSTRIAL BASE. count toward the limit set forth in this subpara- definition of national technology and industrial (a) IN GENERAL.—Not later than January 31, graph. base under section 2500(1) of this title shall have 2019, the Secretary of Defense, in consultation (B) EVALUATION FOR RENEWAL.—The Sec- the opportunity to apply for an item to be cov- with the Executive Agent for Printed Circuit retary shall establish criteria for the renewal of ered under the national technology and indus- Board and Interconnect Technology and the Di- a consortium. In establishing such criteria, the trial base. The application shall include, at a rector of the Office of Management and Budget, Secretary may consider— (i) the performance of the consortium in meet- minimum, the following information: shall submit to Congress a report examining the ‘‘(A) Information demonstrating the applicant ing the established goals of the Program; health of the defense electronics industrial base, meets such definition. (ii) the progress the consortium has made with ‘‘(B) The section or sections of this chapter, including analog and passive electronic parts, respect to project-specific metrics, particularly related to the national technology and indus- substrates, printed boards, assemblies, connec- with respect to those metrics that were designed trial base, that the applicant seeks to modify. tors, cabling, and related areas, both domesti- to help communities track their own progress; ‘‘(C) The applicant’s proposed modifications cally and within the national technology and (iii) whether any changes to the composition to the section or sections identified under sub- industrial base. of the eligible consortium or revisions of the paragraph (B). (b) ELEMENTS.—The report required under plan for the consortium would improve the ca- ‘‘(D) For each item the applicant seeks to in- subsection (a) shall include the following ele- pabilities of the defense industrial base; clude in the national technology and industrial ments: (iv) the effectiveness of coordination with de- base, the applicant shall include the following (1) An examination of current and planned fense manufacturing institutes; and information: partnerships with the commercial industry. (v) such other criteria as the Secretary con- ‘‘(i) The extent to which such item has com- (2) Analysis of the current and future defense siders appropriate. mercial applications. electronics industrial base. (5) APPLICATION FOR DESIGNATION.—An eligi- ‘‘(ii) The number of such items to be procured (3) Threat assessment related to system secu- ble consortium seeking a designation under by current programs of record. rity. paragraph (1) shall submit an application to the ‘‘(iii) The criticality of such item to a military (4) An assessment of the health of the engi- Secretary at such time and in such manner as unit’s mission accomplishment. neering and production workforce. the Secretary may require. In developing such ‘‘(iv) The estimated cost and other consider- (5) A description of the electronics supply procedures, the Secretary may consider the in- ations of reconstituting the manufacturing ca- chain requirements of defense systems integral clusion of— pability of such item, if not maintained in the to meeting the goals of the 2018 National De- (A) a description of the regional boundaries of national technology and industrial base. fense Strategy. the consortium, and the defense manufacturing ‘‘(v) National security regulations or restric- (6) Recommended actions to address areas capacity of the region; tions imposed on such item that may not be im- deemed deficient or vulnerable, and a plan to (B) an evidence-based plan for enhancing the posed on a non-national technology and indus- formalize long-term resourcing for the Executive defense industrial base through the efforts of trial base competitor. Agent. the consortium; ‘‘(vi) Non-national security-related Federal, (7) Any other areas matters determined rel- (C) the investments the consortium proposes State, and local government regulations imposed evant by the Secretary. and the strategy of the consortium to address on such item that may not be imposed on a non- gaps in the defense industrial base; national technology and industrial base compet- SEC. 863. SUPPORT FOR DEFENSE MANUFAC- (D) a description of the outcome-based TURING COMMUNITIES TO SUPPORT itor. THE DEFENSE INDUSTRIAL BASE. metrics, benchmarks, and milestones that will ‘‘(vii) The extent to which such item is fielded track and the evaluation methods that will be (a) PROGRAM AUTHORIZED.— in current programs of record. used to gauge performance of the consortium; (1) IN GENERAL.—The Secretary of Defense ‘‘(viii) The extent to which cost and pricing (E) how the initiatives will complement de- may, in coordination with the Secretary of Com- data for such item has been deemed fair and fense manufacturing institutes; and reasonable. merce and working in coordination with the de- (F) such other matters as the Secretary con- ‘‘(c) CONSIDERATION OF APPLICATIONS.— fense manufacturing institutes, establish within siders appropriate. ‘‘(1) RESPONSIBILITY OF DESIGNATED OFFI- the Department of Defense a program to make (c) FINANCIAL AND TECHNICAL ASSISTANCE.— CIAL.—The official designated pursuant to sub- long-term investments in critical skills, infra- (1) IN GENERAL.—Under the Program, the Sec- section (b)(1) shall be responsible for providing structure, research and development, and small retary of Defense may award financial or tech- complete applications submitted pursuant to this business support in order to strengthen the na- nical assistance to a member of a consortium subsection to the appropriate component acqui- tional security innovation base by designating designated as a defense manufacturing commu- sition executive for consideration not later than and supporting consortiums as defense manu- nity under the Program as appropriate for pur- 15 days after receipt of such application. facturing communities. poses of the Program. ‘‘(2) REVIEW.—Not later than 60 days after re- (2) DESIGNATION.—The program authorized by (2) USE OF FUNDS.—A recipient of financial or ceiving a complete application, the component this section shall be known as the ‘‘Defense technical assistance under the Program may use acquisition executive shall review such applica- Manufacturing Community Support Program’’ such financial or technical assistance to support tion, make a determination, and return the ap- (in this section referred to as the ‘‘Program’’). an investment that will improve the defense in- plication to the official designated pursuant to (b) DESIGNATION OF DEFENSE MANUFACTURING dustrial base. subsection (b)(1). COMMUNITIES COMPLEMENTARY TO DEFENSE (3) INVESTMENTS SUPPORTED.—Investments ‘‘(3) ELEMENTS OF DETERMINATION.—The de- MANUFACTURING INSTITUTES.— supported under this subsection may include ac- termination required under paragraph (2) (1) IN GENERAL.—The Secretary of Defense tivities not already provided for by defense man- shall— may designate eligible consortiums as defense ufacturing institutes on—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4102 CONGRESSIONAL RECORD — SENATE June 19, 2018 (A) infrastructure; justification for the delay in implementation of (A) to support the migration of applications (B) access to capital; such recommendation. and systems to commercial cloud platforms; (C) promotion of exports and foreign direct in- (2) NONIMPLEMENTATION.—The Secretary of (B) to increase visibility of end-to-end per- vestment; Defense may opt not to implement a rec- formance to enable and enforce service level (D) equipment or facility upgrades; ommendation described under subsection (a) if agreements for cloud services; (E) workforce training, retraining, or recruit- the Secretary provides to the congressional de- (C) to ensure efficient and common cloud ac- ment and retention, including that of women fense committees— cess; and underrepresented minorities; (A) the reasons for the decision not to imple- (D) to facilitate shifting data and applications (F) energy or process efficiency; ment the recommendation; and from one cloud platform to another; (G) business incubators; (B) a summary of the alternative actions the (E) to improve cybersecurity; and (H) site preparation; Secretary plans to take to address the purposes (F) to consolidate networks and achieve effi- (I) advanced research and commercialization, underlying the recommendation. ciencies and improved performance; including with Federal laboratories and depots; (c) IMPLEMENTATION PLANS.—For each rec- (2) WORKLOAD AND MIGRATION ANALYSIS.— (J) supply chain development; and ommendation that the Secretary is imple- Conduct an analysis of existing workloads that (K) small business assistance. menting, or that the Secretary plans to imple- would be migrated to the Joint Enterprise De- (d) RECEIPT OF TRANSFERRED FUNDS.—The ment, the Secretary shall submit to the congres- fense Infrastructure, including— Secretary of Defense may accept amounts trans- sional defense committees— (A) identifying all of the cloud initiatives ferred to the Secretary from the head of another (1) a summary of actions that have been taken across the Department of Defense, and deter- agency or a State or local governmental organi- to implement the recommendation; and mining the objectives of such initiatives in con- zation to carry out this section. (2) a schedule, with specific milestones, for nection with the intended scope of the Infra- structure; Subtitle G—Other Transactions completing the implementation of the rec- ommendation. (B) identifying all the systems and applica- SEC. 871. CHANGE TO NOTIFICATION REQUIRE- tions that the Department would intend to mi- MENT FOR OTHER TRANSACTIONS. SEC. 883. IMPLEMENTATION OF PILOT PROGRAM grate to the Infrastructure; TO USE AGILE OR ITERATIVE DEVEL- Section 2371b(f)(1) of title 10, United States (C) conducting rationalization of applications Code, is amended by inserting after the first sen- OPMENT METHODS REQUIRED UNDER SECTION 873 OF THE NA- to identify applications and systems that may tence the following: ‘‘The cost of any such op- TIONAL DEFENSE AUTHORIZATION duplicate the processing of workloads in connec- tion shall be considered for purposes of sub- ACT FOR FISCAL YEAR 2018. tion with the Infrastructure; and section (a)(2) as part of the cost to the Depart- (a) IN GENERAL.—Not later than 30 days after (D) as result of such actions, arriving at dis- ment of Defense of a transaction (for a proto- the date of the enactment of this Act, the Sec- positions about migration or termination of sys- type).’’. retary of Defense shall include the following tems and applications in connection with the SEC. 872. DATA AND POLICY ON THE USE OF systems for realignment under the pilot program Infrastructure. OTHER TRANSACTIONS. to use agile or iterative development methods (b) LIMITATION ON NEW SYSTEMS AND APPLI- (a) COLLECTION AND STORAGE.—The Service pursuant to section 873 of the National Defense CATIONS.—The Deputy Secretary shall require Acquisition Executives of the military depart- Authorization Act for Fiscal Year 2018 (Public that no new system or application will be ap- ments shall collect data on the use of other Law 115–91): proved for development or modernization with- transactions by their respective departments, (1) Global Positioning System Next Generation out an assessment that such system or applica- and the Under Secretary of Defense for Re- Operational Control System (GPS OCX). tion is already, or can and would be, cloud- search and Engineering and the Under Sec- (2) Integrated Air and Missile Defense Battle hosted. retary of Defense for Acquisition and Command System (IBCS). (c) INTEGRATION AND SUPPORT.—The Deputy Sustainment shall collect data on all other use (3) Command Control Battle Management and Secretary shall ensure that the activities con- by the Department of Defense of other trans- Communications (C2BMC). ducted under subsection (a) are integrated with actions, including use by the Defense Agencies. (4) The family of Distributed Common Ground and support the plan of the Department to ac- The data shall be stored in a manner that al- Systems. quire and migrate to commercial cloud services. lows the Assistant Secretary of Defense for Ac- (5) The family of Global Command and Con- (d) TRANSPARENCY AND COMPETITION.—The quisition access at any time. trol Systems. Deputy Secretary shall ensure that the acquisi- (b) USE OF DATA.—The Assistant Secretary of (6) Joint Space Operations Center Mission tion approach of the Department continues to Defense for Acquisition shall analyze and lever- Systems (JMS). follow the Federal Acquisition Regulation, in- age the data collected under subsection (a) to (7) Joint Strike Fighter Autonomic Logistics cluding part 16.504(c) of such regulation, re- update policy and guidance related to the use of Information System (ALIS). garding procedures relating to the preference for other transactions. (8) Electronic Procurement System (ePS). multiple awards. Subtitle H—Development and Acquisition of (9) Air Force Integrated Personnel and Pay Subtitle I—Other Matters Software Intensive and Digital Products System (AFIPPS). SEC. 891. PROHIBITION ON CERTAIN TELE- and Services (10) Navy Personnel and Pay (NP2). COMMUNICATIONS SERVICES OR (11) Integrated Personnel and Pay-Army EQUIPMENT. SEC. 881. CLARIFICATIONS REGARDING PROPRI- ETARY AND TECHNICAL DATA. (IPPS–A). (a) FINDINGS.—Congress makes the following (12) Maintenance, Repair, and Overhaul (a) VALIDATION OF PROPRIETARY DATA RE- findings: (MROI). (1) In its 2011 ‘‘Annual Report to Congress on STRICTIONS.—Section 2321(f) of title 10, United States Code, is amended— (13) Defense Enterprise Accounting Manage- Military and Security Developments Involving (1) by striking ‘‘(1) Except as provided in ment System (DEAMS). the People’s Republic of China’’, the Depart- paragraph (2), in’’ and inserting ‘‘In’’; and (14) Army Contract Writing System. ment of Defense stated, ‘‘China’s defense indus- (2) by striking paragraph (2). (15) Contracting IT System. try has benefited from integration with a rap- (16) Defense-wide Electronic Procurement Ca- (b) RIGHTS IN TECHNICAL DATA.—Section 2320 idly expanding civilian economy and science of title 10, United States Code, is amended— pabilities. and technology sector, particularly elements (1) by striking subsection (f); and (b) REVISIONS TO LIST.—The Secretary of De- that have access to foreign technology. Progress (2) by redesignating subsections (g) and (h) as fense shall notify the congressional defense com- within individual defense sectors appears linked subsections (f) and (g), respectively. mittees of any revisions to the list of systems in- to the relative integration of each, through Chi- cluded for realignment under subsection (a). na’s civilian economy, into the global produc- SEC. 882. IMPLEMENTATION OF RECOMMENDA- TIONS OF THE FINAL REPORT OF SEC. 884. ENABLING AND OTHER ACTIVITIES OF tion and R&D chain . . . Information tech- THE DEFENSE SCIENCE BOARD TASK THE CLOUD EXECUTIVE STEERING nology companies in particular, including FORCE ON THE DESIGN AND ACQUI- GROUP. Huawei, Datang, and Zhongxing, maintain SITION OF SOFTWARE FOR DEFENSE (a) ACTIVITIES REQUIRED.—Commencing not close ties to the PLA.’’. SYSTEMS. later than 90 days after the date of the enact- (2) In a 2011 report titled ‘‘The National Secu- (a) IMPLEMENTATION REQUIRED.—Not later ment of this Act, the Cloud Executive Steering rity Implications of Investments and Products than 18 months after the date of the enactment Group (CESG) established by the Deputy Sec- from the People’s Republic of China in the Tele- of this Act, the Secretary of Defense shall, ex- retary of Defense in a directive memorandum communications Sector’’, the United States cept as provided under subsection (b), commence dated September 13, 2017, in order to support its China Commission stated that ‘‘[n]ational secu- implementation of each recommendation sub- Joint Enterprise Defense Infrastructure (JEDI) rity concerns have accompanied the dramatic mitted as part of the final report of the Defense initiative to procure commercial cloud services, growth of China’s telecom sector. . . . Addition- Science Board Task Force on the Design and shall conduct certain key enabling activities as ally, large Chinese companies—particularly Acquisition of Software for Defense Systems. follows: those ‘national champions’ prominent in Chi- (b) EXCEPTIONS.— (1) ADVANCED COMMERCIAL NETWORK CAPA- na’s ‘going out’ strategy of overseas expansion— (1) DELAYED IMPLEMENTATION.—The Sec- BILITIES.—Develop an approach to rapidly ac- are directly subject to direction by the Chinese retary of Defense may commence implementa- quire advanced commercial network capabilities, Communist Party, to include support for PRC tion of a recommendation described under sub- including software-defined networking, on-de- state policies and goals.’’. section (a) later than the date required under mand bandwidth, and aggregated cloud access (3) The Commission further stated in its report such subsection if the Secretary provides the gateways, through commercial service providers that ‘‘[f]rom this point of view, the clear eco- congressional defense committees with a specific in order— nomic benefits of foreign investment in the U.S.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4103 must be weighed against the potential security particularly those working on contracts for sen- ment and industry experts assessing the AMRG concerns related to infrastructure components sitive U.S. programs—should exclude ZTE or organizational structure, staffing, and training, coming under the control of foreign entities. Huawei equipment in their systems.’’. including an assessment of the workplace cli- This seems particularly applicable in the tele- (b) PROHIBITION ON USE OR PROCUREMENT.— mate and culture internal to the AMRG. communications industry, as Chinese companies The Secretary of Defense may not— (E) The establishment of an Army Marketing continue systematically to acquire significant (1) procure or obtain or extend or renew a and Advisory Board comprised of senior Army holdings in prominent global and U.S. tele- contract to procure or obtain any equipment, and marketing and advertising leaders and an communications and information technology system, or service that uses covered tele- assessment of industry and service marketing companies.’’. communications equipment or services as a sub- and advertising best practices, including a plan (4) In its 2011 Annual Report to Congress, the stantial or essential component of any system, to incorporate relevant practices. or as critical technology as part of any system; United States China Commission stated that (F) The status of the implementation of con- ‘‘[t]he extent of the state’s control of the Chi- or (2) enter into a contract (or extend or renew tracting practices recommended by the Army nese economy is difficult to quantify . . . There Audit Agency’s audit of contracting oversight of is also a category of companies that, though a contract) with an entity that uses any equip- ment, system, or service that uses covered tele- AMRG contained in Audit Report A–2018–0033– claiming to be private, are subject to state influ- MTH. ence. Such companies are often in new markets communications equipment or services as a sub- (b) LIMITATION ON USE OF FUNDS.—Not more with no established SOE leaders and enjoy fa- stantial or essential component of any system, than 50 percent of the amounts authorized to be vorable government policies that support their or as critical technology as part of any system. appropriated by this Act or otherwise made development while posing obstacles to foreign (c) EFFECTIVE DATES.—The prohibition under available for the AMRG for fiscal year 2019 for competition. Examples include Chinese telecoms subsection (b)(1) shall take effect 180 days after advertising and marketing activities may be ob- giant Huawei and such automotive companies the date of the enactment of this Act and the ligated or expended until the Secretary of the as battery maker BYD and vehicle manufactur- prohibition under subsection (b)(2) shall take ef- Army submits the report required under sub- ers Geely and Chery.’’. fect three years after the date of the enactment (5) General Michael Hayden, who served as of this Act. section (a). Director of the Central Intelligence Agency and (d) RULE OF CONSTRUCTION.—Nothing in this (c) COMPTROLLER GENERAL REVIEW.—Not Director of the National Security Agency, stated section shall be construed to— later than 90 days after the date of the sub- in July 2013 that Huawei had ‘‘shared with the (1) prohibit the Secretary of Defense from pro- mittal of the report required under subsection Chinese state intimate and extensive knowledge curing with an entity to provide a service that (a), the Comptroller General of the United of foreign telecommunications systems it is in- connects to the facilities of a third-party, such States shall conduct a review of the results and volved with’’. as backhaul, roaming, or interconnection ar- implementation of the recommendations of the (6) The Federal Bureau of Investigation, in a rangements; or Army Audit Agency Audits of the AMRG on February 2015 Counterintelligence Strategy (2) cover telecommunications equipment that contract oversight and return on investment. Partnership Intelligence Note stated that, cannot route or redirect user data traffic or per- The review shall include an assessment of the ‘‘[w]ith the expanded use of Huawei Tech- mit visibility into any user data or packets that effects of the implementation of the rec- nologies Inc. equipment and services in U.S. such equipment transmits or otherwise handles ommendations on the AMRG leadership, work- telecommunications service provider networks, (e) DEFINITIONS.—In this section: force, and business practices, and return on in- (1) COVERED FOREIGN COUNTRY.—The term the Chinese Government’s potential access to vestment. ‘‘covered foreign country’’ means the People’s U.S. business communications is dramatically Republic of China. SEC. 893. PERMANENT SBIR AND STTR AUTHOR- increasing. Chinese Government-supported tele- ITY FOR THE DEPARTMENT OF DE- (2) COVERED TELECOMMUNICATIONS EQUIPMENT communications equipment on U.S. networks FENSE. OR SERVICES.—The term ‘‘covered telecommuni- may be exploited through Chinese cyber activ- cations equipment or services’’ means any of the Section 9 of the Small Business Act (15 U.S.C. ity, with China’s intelligence services operating following: 638) is amended— as an advanced persistent threat to U.S. net- (A) Telecommunications equipment produced (1) in subsection (m), by inserting ‘‘, except works.’’. by Huawei Technologies Company or ZTE Cor- with respect to the Department of Defense’’ (7) The FBI further stated in its February poration (or any subsidiary or affiliate of such after ‘‘September 30, 2022’’; and 2015 counterintelligence note that ‘‘China makes entities). (2) in subsection (n)(1)(A)— no secret that its cyber warfare strategy is (B) Telecommunications services provided by (A) by inserting ‘‘(or, with respect to the De- predicated on controlling global communications such entities or using such equipment. network infrastructure’’. partment of Defense, any fiscal year)’’ after (C) Telecommunications equipment or services ‘‘2022’’; and (8) At a hearing before the Committee on produced or provided by an entity that the Sec- (B) by inserting ‘‘(or, with respect to the De- Armed Services of the House of Representatives retary of Defense, in consultation with the Di- partment of Defense, for any fiscal year)’’ after on September 30, 2015, Deputy Secretary of De- rector of the National Intelligence or the Direc- ‘‘for that fiscal year’’. fense Robert Work, responding to a question tor of the Federal Bureau of Investigation, rea- about the use of Huawei telecommunications sonably believes to be an entity owned or con- SEC. 894. PROCUREMENT OF TELECOMMUNI- equipment, stated, ‘‘In the Office of the Sec- trolled by, or otherwise connected to, the gov- CATIONS SUPPLIES FOR EXPERI- retary of Defense, absolutely not. And I know of ernment of a covered foreign country. MENTAL PURPOSES. no other—I don’t believe we operate in the Pen- SEC. 892. LIMITATION ON USE OF FUNDS PEND- Section 2373 of title 10, United States Code, is tagon, any [Huawei] systems in the Pentagon.’’. ING SUBMITTAL OF REPORT ON amended by inserting ‘‘telecommunications,’’ (9) At that hearing, the Commander of the ARMY MARKETING AND ADVER- after ‘‘space flight,’’. United States Cyber Command, Admiral Mike TISING PROGRAM. Rogers, responding to a question about why SEC. 895. ACCESS BY DEVELOPMENTAL AND (a) REPORT REQUIRED.— OPERATIONAL TESTING ACTIVITIES such Huawei telecommunications equipment is (1) IN GENERAL.—Not later than 90 days after TO DATA REGARDING MODELING not used, stated, ‘‘As we look at supply chain the date of the enactment of this Act, the Sec- AND SIMULATION ACTIVITY. and we look at potential vulnerabilities within retary of the Army shall submit to the Commit- (a) IN GENERAL.—Section 139(e) of title 10, the system, that it is a risk we felt was unac- tees on Armed Services of the Senate and House United States Code, is amended by adding at the ceptable.’’. of Representatives a report on the recommenda- end the following new paragraph: (10) In March 2017, ZTE Corporation pled tions contained in the audit of the Army Audit ‘‘(4) The Director shall have prompt access to guilty to conspiring to violate the International Agency of the Army’s Marketing and Adver- all data regarding modeling and simulation ac- Emergency Economic Powers Act by illegally tising Program concerning contract oversight tivity proposed to be used by military depart- shipping U.S.-origin items to Iran, paying the and return on investment. ments and defense agencies in support of oper- United States Government a penalty of (2) ELEMENTS.—The report required by para- $892,360,064 for activity between January 2010 graph (1) shall address each of the following: ational or live fire test and evaluation of mili- and January 2016. (A) The mitigation and oversight measures im- tary capabilities. This access shall include data (11) The Department of the Treasury’s Office plemented to assure improved program return associated with verification, validation, and ac- of Foreign Assets Control issued a subpoena to and contract management, including the estab- creditation activities.’’. Huawei as part of a Federal investigation of al- lishment of specific goals to measure long-term (b) ADDITIONAL TESTING DATA.—Develop- leged violations of trade restrictions on Cuba, effects of investments in marketing efforts. mental Test and Evaluation activities under the Iran, Sudan, and Syria. (B) The establishment of a review process to leadership of the Under Secretary of Defense for (12) In the bipartisan ‘‘Investigative Report on regularly evaluate the effectiveness and effi- Research and Engineering and the Under Sec- the United States National Security Issues ciency of marketing efforts, including efforts to retary of Defense for Acquisition and Posed by Chinese Telecommunication Compa- better support the accessions missions of the Sustainment shall have prompt access to all nies Huawei and ZTE’’ released in 2012 by the Army. data regarding modeling and simulation activity Permanent Select Committee on Intelligence of (C) The increase of acquisition and marketing proposed to be used by military departments and the House of Representatives, it was rec- experience within the Army Marketing and Re- defense agencies in support of developmental ommended that ‘‘U.S. government systems, par- search Group (in this section referred to as the test and evaluation of military capabilities. This ticularly sensitive systems, should not include ‘‘AMRG’’). access shall include data associated with Huawei or ZTE equipment, including in compo- (D) A workforce analysis of AMRG in co- verification, validation, and accreditation ac- nent parts. Similarly, government contractors— operation with the Office of Personnel Manage- tivities.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4104 CONGRESSIONAL RECORD — SENATE June 19, 2018

TITLE IX—DEPARTMENT OF DEFENSE (c) CLERICAL AMENDMENT.—The table of sec- (A) solely to the Under Secretary of Defense ORGANIZATION AND MANAGEMENT tions at the beginning of chapter 4 of such title for Research and Engineering; Subtitle A—Office of the Secretary of Defense is amended by striking the item relating to sec- (B) solely to the Under Secretary of Defense and Related Matters tion 136 and inserting the following new item: for Acquisition and Sustainment; (C) on a shared basis between the Under Sec- SEC. 901. POWERS AND DUTIES OF THE UNDER ‘‘136. Under Secretary of Defense for Per- SECRETARY OF DEFENSE FOR RE- sonnel.’’. retary of Defense for Research and Engineering SEARCH AND ENGINEERING IN CON- (d) OTHER CONFORMING AMENDMENTS.— and the Under Secretary of Defense for Acquisi- NECTION WITH PRIORITY EMERGING (1) TITLE 10, UNITED STATES CODE.—Title 10, tion and Sustainment; TECHNOLOGIES. United States Code, is further amended as fol- (D) solely to another official or organization (a) IN GENERAL.—In carrying out duties under lows: of the Department; section 133a of title 10, United States Code, in (A) In section 131(b)(3), by striking subpara- (E) on a shared basis between other officials connection with the National Defense Strategy graph (E) and inserting the following new sub- and organizations of the Department; or of the Department of Defense of 2018, the Under paragraph (E): (F) not allocated. Secretary of Defense for Research and Engineer- ‘‘(D) The Undersecretary of Defense for Per- SEC. 905. ASSISTANT SECRETARY OF DEFENSE ing shall have the authority to direct the Secre- sonnel.’’. FOR STRATEGY, PLANS, ASSESS- taries of the military departments, and the (B) In section 137(c), by striking ‘‘and Readi- MENTS, READINESS, AND CAPABILI- heads of all other elements of the Department of ness’’. TIES. Defense with regard to matters for which the (2) EXECUTIVE SCHEDULE LEVEL III.—Section (a) IN GENERAL.—Section 138(b) of title 10, Under Secretary has responsibility, with respect 5314 of title 5, United States Code, is amended United States Code, is amended by adding at the to programs, projects, and activities in connec- by striking the item relating to the Under Sec- end the following new paragraph: tion with technology areas given priority, in- retary of Defense for Personnel and Readiness ‘‘(5)(A) One of the Assistant Secretaries is the cluding technology areas as follows: and inserting the following new item: Assistant Secretary of Defense for Strategy, (1) Directed energy. ‘‘Under Secretary of Defense for Personnel.’’. Plans, Assessments, Readiness and Capabilities. (2) Hypersonics. (e) REFERENCES.—Any reference to the Under ‘‘(B) The principal duty of the Assistant Sec- (3) Artificial intelligence. Secretary of Defense for Personnel and Readi- retary shall be to support the Secretary of De- (4) Future space satellite architectures. ness in any law, regulation, map, document, fense in developing the National Defense Strat- (b) DIRECTION OF SECRETARY OF DEFENSE.— record, or other paper of the United States shall egy (as required by section 113 of this title) and (1) IN GENERAL.—The Under Secretary shall related policy guidance for the campaign and carry out any powers and duties under this sec- be deemed to be a reference to the Under Sec- retary of Defense for Personnel. contingency plans, force development and de- tion under the authority, direction, and control fense posture priorities, and readiness objectives SEC. 903. MODIFICATION OF RESPONSIBILITIES of the Secretary. required to execute the Strategy. (2) CONSTRUCTION OF AUTHORITY.—Nothing in OF THE UNDER SECRETARY OF DE- FENSE FOR POLICY. ‘‘(C) Subject to the authority, direction, and this section may be construed as altering or re- control of the Secretary and the Under Sec- vising the authority, direction, and control of (a) IN GENERAL.—Paragraph (2) of section 134(b) of title 10, United States Code, is amended retary of Defense for Policy, the Assistant Sec- the Under Secretary by the Secretary of Defense retary shall be responsible for the following: and the Deputy Secretary of Defense. to read as follows: ‘‘(2) The Under Secretary shall assist the Sec- ‘‘(i) In matters relating to strategy and force (c) SATELLITE ARCHITECTURES.— planning, the following: (1) NO DIRECTIONAL AUTHORITY FOR SPACE retary of Defense in the following: ‘‘(A) Preparing the National Defense Strategy, ‘‘(I) Supporting the Secretary and the Under LAUNCH VEHICLES.—The authority in subsection Secretary in preparing the National Defense (a) with respect to future space satellite archi- as required by section 113 of this title. ‘‘(B) Preparing policy guidance for the prepa- Strategy. tectures does not include the following: ‘‘(II) Producing policy guidance to direct the (A) Authority for space launch vehicles. ration of campaign and contingency plans by formulation of program and budget requests by (B) Authority for direction of the Evolved Ex- the commanders of the combatant commands, the military departments and other elements of pendable Launch Vehicle program, including and in reviewing such plans. the Department, including the Defense Planning any program, project, or activity relating to the ‘‘(C) Preparing policy guidance for the devel- Guidance as required by section 113 of this title, Next Generation Launch System. opment of the global force posture. (2) FINAL DECISIONAL AUTHORITY ON ARCHI- ‘‘(D) Preparing policy guidance to direct the and review such program and budget requests. ‘‘(III) Proposing alternative force sizes and TECTURES.—The Deputy Secretary of Defense formulation of program and budget requests by shall have final decisional authority over any the military departments and other elements of structures, joint capabilities and concepts, and decision on future space satellite architecture the Department of Defense, and reviewing such roles and missions for the armed forces to inform under the authority in subsection (a). The Dep- requests in the annual planning, programming, the development of annual program and budget uty Secretary shall exercise such final decisional and budget process. requests. authority in consultation with the Secretaries of ‘‘(E) Developing planning scenarios that de- ‘‘(ii) In matters relating to plans and force the military departments. scribe the present and future strategic and oper- posture, the following: (d) COORDINATION.—In executing powers and ational environments by which to assess joint ‘‘(I) Supporting the Secretary and the Under duties under this section, the Under Secretary force capabilities and readiness. Secretary in producing policy guidance to in- shall consult with appropriate officials of the ‘‘(F) Developing specific outcomes that the form the development of campaign and contin- military departments and the Defense Agencies joint force should be ready to achieve and con- gency plans by the commanders of the combat- in order to maximize support of effective and ef- ducting assessments of the readiness of the joint ant commands, including the Contingency Plan- ficient execution of the National Defense Strat- force to achieve such outcomes. ning Guidance for Employment of the Force and egy referred to in subsection (a). ‘‘(G) Devising specific criteria to direct re- the Global Defense Posture Report as required (e) EXPIRATION.—The authority of the Under views by the Director of Cost Assessment and by section 113 of this title, and reviewing such Secretary under this section shall expire on the Program Evaluation of the implementation of plans. date that is one year after the date of the enact- the capability and readiness priorities of the ‘‘(II) Advising the Secretary and the Under ment of this Act. Secretary.’’. Secretary on alternative concepts for the em- ployment and posture of the joint force to align SEC. 902. REDESIGNATION AND MODIFICATION (b) EFFECTIVE DATE.—The amendment made OF RESPONSIBILITIES OF UNDER by subsection (a) shall take effect on February with the National Defense Strategy and other SECRETARY OF DEFENSE FOR PER- 1, 2019. approved policy guidance of the Secretary. SONNEL AND READINESS. SEC. 904. REPORT ON ALLOCATION OF FORMER ‘‘(iii) In matters relating to assessments, the (a) REDESIGNATION AND RESPONSIBILITIES AS RESPONSIBILITIES OF THE UNDER following: UNDER SECRETARY OF DEFENSE FOR PER- SECRETARY OF DEFENSE FOR AC- ‘‘(I) Developing planning scenarios that de- SONNEL.— QUISITION, TECHNOLOGY, AND LO- scribe the present and future strategic and oper- (1) IN GENERAL.—Section 136 of title 10, United GISTICS. ational environments by which to assess joint States Code, is amended— Not later than March 1, 2019, the Secretary of force capabilities and readiness. (A) by striking ‘‘and Readiness’’ each place it Defense shall submit to the Committees on ‘‘(II) Producing detailed assessments at the appears; and Armed Services of the Senate and the House of strategic, campaign, and mission levels (includ- (B) by striking subsection (d). Representatives a report setting forth the fol- ing through war games) to evaluate the present (2) HEADING AMENDMENT.—The heading of lowing: and future capability and readiness of the such section is amended to read as follows: (1) A list of each provision of law, whether armed forces to conduct joint military cam- ‘‘§ 136. Under Secretary of Defense for Per- within or outside title 10, United States Code, in paigns or competitions that are prioritized in sonnel’’. force as of the date of the report that, as of that approved policy guidance of the Secretary. (b) DESIGNATION AS CHIEF HUMAN CAPITAL date, assigns a duty, responsibility, or other re- ‘‘(III) Devising specific criteria to direct re- OFFICER.—Such section is further amended— quirement to the Under Secretary of Defense for views by the Director of Cost Assessment and (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Acquisition, Technology, and Logistics. Program Evaluation of the implementation of (2) by adding at the end the following new (2) For each duty, responsibility, or other re- the capability and readiness priorities estab- paragraph: quirement specified in a provision of law listed lished in approved policy guidance of the Sec- ‘‘(2) The Under Secretary is the Chief Human pursuant to paragraph (1), the allocation of retary. Capital Officer of the Department of Defense for such duty, responsibility, or requirement within ‘‘(iv) In matters relating to readiness, the fol- purposes of chapter 14 of title 5.’’. the Department of Defense, including— lowing:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4105 ‘‘(I) Describing the strategic, campaign, and (1) Repurposing existing Government and capabilities to meet such requirements, and rec- mission outcomes that the joint force should be commercial systems for new technological ad- ommendations, if any, for modifications of such ready to achieve and by which joint force readi- vantage. processes. ness will be assessed, in accordance with ap- (2) Developing novel concepts of operation (4) Any other matters the Assistant Secretary proved strategic guidance of the Secretary. that are lower cost, more effective, and more re- considers appropriate. ‘‘(II) Conducting assessments of the readiness sponsive to changing threats than traditional (c) DEADLINES.— of the joint force to perform the missions concepts of operation. (1) COMPLETION OF REVIEW.—The review re- prioritized in the National Defense Strategy and (3) Developing joint systems and concepts of quired by subsection (a) shall be completed by other approved policy guidance of the Secretary, operations to meet emerging threats and military not later than 270 days after the date of the en- including through the observation of military requirements based on partnerships with the actment of this Act. training and exercises. military services and combatant commanders. (2) REPORT.—Not later than 30 days after ‘‘(v) In matters relating to strategic capabili- (4) Developing prototypes and new concepts of completion of the review, the Assistant Sec- ties, developing and supervising policy, program operations that can inform the development of retary shall submit to the congressional defense planning and execution, and allocation and use requirements and the establishment of acquisi- committees a report on the review, including the of resources for any strategic capabilities des- tion programs. findings and any recommendations of the As- ignated by the Under Secretary.’’. (5) Such other functions as the Secretary con- sistant Secretary as a result of the review. (b) EFFECTIVE DATE.—The amendment made siders appropriate. SEC. 923. QUALIFICATIONS FOR APPOINTMENT AS by this section shall take effect on February 1, SEC. 909. TECHNICAL CORRECTIONS TO DEPART- DEPUTY CHIEF MANAGEMENT OFFI- 2019. MENT OF DEFENSE TEST RESOURCE CER OF A MILITARY DEPARTMENT. SEC. 906. CLARIFICATION OF RESPONSIBILITIES MANAGEMENT CENTER AUTHORITY. (a) DEPARTMENT OF THE ARMY.—An indi- AND DUTIES OF THE CHIEF INFOR- Section 196 of title 10, United States Code, is vidual may not be appointed as Deputy Chief MATION OFFICER OF THE DEPART- amended in subsections (c)(1)(B) and (g) by Management Officer of the Department of the MENT OF DEFENSE. striking ‘‘Under Secretary of Defense for Acqui- Army unless the individual— Section 142(b)(1) of title 10, United States sition, Technology, and Logistics’’ and inserting (1) has significant experience in business oper- Code, is amended— ‘‘Under Secretary of Defense for Research and ations or management in the public sector; or (1) in subparagraph (A), by inserting ‘‘(other Engineering’’. (2) has significant experience managing an than with respect to business systems and man- Subtitle B—Organization and Management of enterprise in the private sector. agement)’’ after ‘‘sections 3506(a)(2)’’; Other Department of Defense Offices and (b) DEPARTMENT OF THE NAVY.—An indi- (2) in subparagraph (B), by striking ‘‘section Elements vidual may not be appointed as Deputy Chief 11315 of title 40’’ and inserting ‘‘sections 11315 Management Officer of the Department of the and 11319 of title 40 (other than with respect to SEC. 921. MODIFICATION OF CERTAIN RESPON- Navy unless the individual— SIBILITIES OF THE CHAIRMAN OF business systems and management)’’; and THE JOINT CHIEFS OF STAFF RELAT- (1) has significant experience in business oper- (3) in subparagraph (C), by striking ‘‘sections ING TO JOINT FORCE CONCEPT DE- ations or management in the public sector; or 2222, 2223(a), and 2224 of this title’’ and insert- VELOPMENT. (2) has significant experience managing an ing ‘‘sections 2223(a) (other than with respect to Subparagraph (D) of section 153(a)(6) of title enterprise in the private sector. business systems and management) and 2224 of 10, United States Code, is amended to read as (c) DEPARTMENT OF THE AIR FORCE.—An indi- this title’’. follows: vidual may not be appointed as Deputy Chief SEC. 907. SPECIFICATION OF CERTAIN DUTIES OF ‘‘(D) formulating policies for development and Management Officer of the Department of the THE DEFENSE TECHNICAL INFORMA- experimentation on both urgent and long-term Air Force unless the individual— TION CENTER. concepts for the joint employment of the armed (1) has significant experience in business oper- (a) IN GENERAL.—In addition to any other du- forces, including establishment of a process ations or management in the public sector; or ties specified for the Defense Technical Informa- within the Joint Staff for— (2) has significant experience managing an tion Center by law, regulation, or Department of ‘‘(i) analyzing and prioritizing gaps in capa- enterprise in the private sector. Defense directive or instruction, the duties of bilities that could potentially be addressed by SEC. 924. EXPANSION OF PRINCIPAL DUTIES OF the Center shall include the following: joint concept development using existing or ASSISTANT SECRETARY OF THE (1) To execute the Global Research Watch modified joint force capabilities; and NAVY FOR RESEARCH, DEVELOP- Program under section 2365 of title 10, United ‘‘(ii) ensuring that such joint concepts are MENT, AND ACQUISITION. States Code. tested, assessed and, if appropriate, fielded to Section 5016(b)(4)(A) of title 10, United States (2) To develop and maintain datasets and support the joint force;’’. Code, is amended by striking ‘‘and acquisition matters’’ and inserting ‘‘acquisition, and other data repositories on research and engi- SEC. 922. ASSISTANT SECRETARY OF DEFENSE neering activities being conducted within the FOR SPECIAL OPERATIONS AND sustainment (including maintenance) matters’’. Department. LOW-INTENSITY CONFLICT REVIEW SEC. 925. CROSS-FUNCTIONAL TEAMS IN THE DE- (b) ACTION PLAN.—Not later than 90 days OF UNITED STATES SPECIAL OPER- PARTMENT OF DEFENSE. after the date of the enactment of this Act, the ATIONS COMMAND. (a) ESTABLISHMENT OF CERTAIN TEAMS.— Secretary of Defense shall submit to the Commit- (a) REVIEW REQUIRED.—The Assistant Sec- (1) IN GENERAL.—Among the cross-functional tees on Armed Services of the Senate and the retary of Defense for Special Operations and teams established by the Secretary of Defense House of Representatives a plan of action for Low-Intensity Conflict shall, in coordination pursuant to subsection (c) of section 911 of the the commencement by the Defense Technical In- with the Commander of the United States Spe- National Defense Authorization Act for Fiscal formation Center of the duties specified in sub- cial Operations Command, conduct a com- Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 section (a). prehensive review of the United States Special U.S.C. 111 note) in support of the organizational SEC. 908. LIMITATION ON TERMINATION OF, AND Operations Command for purposes of ensuring strategy for the Department of Defense required TRANSFER OF FUNCTIONS, RESPON- that the institutional and operational capabili- by subsection (a) of that section, the Secretary SIBILITIES, AND ACTIVITIES OF, THE ties of special operations forces are appropriate shall establish a cross-functional team on each STRATEGIC CAPABILITIES OFFICE. to counter anticipated future threats across the matter as follows: (a) LIMITATION.—The Secretary of Defense spectrum of conflict. (A) Electronic warfare. may not terminate the Strategic Capabilities Of- (b) SCOPE OF REVIEW.—The review required by (B) Personnel security. fice or transfer the functions or responsibilities subsection (a) shall include, at a minimum, the (C) Close combat lethality. of such office to another entity or organization following: (2) ESTABLISHMENT AND ACTIVITIES.—Each until the Secretary— (1) An assessment of the adequacy of special cross-functional team established pursuant to (1) certifies to the congressional defense com- operations forces doctrine, organization, train- paragraph (1) shall be established in accordance mittees that the key functions, responsibilities, ing, materiel, education, personnel, and facili- with subsection (c) of section 911 of the National and activities of the office will be replicated and ties to implement the 2018 National Defense Defense Authorization Act for Fiscal Year 2017, managed elsewhere after such office has been Strategy, and recommendations, if any, for and shall be governed in its activities in accord- terminated or its functions, responsibilities, or modifications for that purpose. ance with the provisions of such subsection (c). activities have been transferred; (2) An assessment of the roles and responsibil- (3) DEADLINE FOR ESTABLISHMENT.—The cross- (2) submits to the congressional defense com- ities of special operations forces as assigned by functional teams required by paragraph (1) mittees— law, Department of Defense guidance, or other shall be established by not later than 90 days (A) a plan to replicate and manage such func- formal designation and recommendations, if after the date of the enactment of this Act. tions, responsibilities, and activities elsewhere; any, for additions to or divestitures of such roles (b) ADDITIONAL CROSS-FUNCTIONAL TEAMS and or responsibilities. MATTERS.— (B) if the Secretary decides that the Strategic (3) An assessment of the adequacy of the proc- (1) CRITERIA FOR DISTINGUISHING AMONG Capabilities Office, or subsequent entity, should esses through which the United States Special CROSS-FUNCTIONAL TEAMS.—Not later than 60 report to an official other than the Under Sec- Operations Command evaluates and prioritizes days after the date of the enactment of this Act, retary for Research and Engineering, a jus- the requirements at the geographic combatant the Secretary shall issue criteria that distin- tification for such decision. commands for special operations forces and spe- guish cross-functional teams under section 911 (b) KEY FUNCTIONS.—The key functions of the cial operations-unique capabilities and makes of the National Defense Authorization Act for office referred to in subsection (a)(1) are the fol- recommendations on the allocation of special Fiscal Year 2017 from other types of cross-func- lowing: operations forces and special operations-unique tional working groups, committees, integrated

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4106 CONGRESSIONAL RECORD — SENATE June 19, 2018 product teams, and task forces of the Depart- ‘‘(3) The term ‘Office of the Secretary of De- dicative agency that occurred separately from a ment. fense’ includes the Joint Staff.’’. periodic reinvestigation.’’. (2) PRIMARY RESPONSIBILITY FOR IMPLEMENTA- (b) CLERICAL AMENDMENT.—The table of sec- (b) SENSE OF CONGRESS.—Such section is fur- TION OF TEAMS.—The Deputy Secretary of De- tions at the beginning of chapter 2 of such title ther amended— fense shall establish or designate an office with- is amended by inserting after the item relating (1) by redesignating subsection (l) as sub- in the Department that shall have primary re- to section 117 the following new item: section (m); and (2) by inserting after subsection (k) the fol- sponsibility for implementing section 911 of the ‘‘118. Major headquarters activities: limitation lowing new subsection (l): National Defense Authorization Act for Fiscal on funds available.’’. Year 2017. ‘‘(l) SENSE OF CONGRESS.—It is the sense of SEC. 932. RESPONSIBILITY FOR POLICY ON CIVIL- Congress that— SEC. 926. DEADLINE FOR COMPLETION OF FULL IAN CASUALTY MATTERS. IMPLEMENTATION OF REQUIRE- ‘‘(1) personnel security investigations, and (a) DESIGNATION OF SENIOR CIVILIAN OFFI- MENTS IN CONNECTION WITH ORGA- continuous evaluation, form an integral part of NIZATION OF THE DEPARTMENT OF CIAL.—Not later than 90 days after the date of the security posture of the Department of De- DEFENSE FOR MANAGEMENT OF the enactment of this Act, the Under Secretary fense; and SPECIAL OPERATIONS FORCES AND of Defense for Policy shall designate a senior ci- ‘‘(2) to the extent practicable, the Department SPECIAL OPERATIONS. vilian official of the Department of Defense at should coordinate with the security executive The Secretary of Defense shall ensure that the or above the level of Assistant Secretary of De- agent to ensure that the results of adjudication implementation of section 922 of the National fense to develop, coordinate, and oversee compli- decisions, either within initial investigations or Defense Authorization Act for Fiscal Year 2017 ance with the policy of the Department relating reinvestigations, are communicated in a trans- (Public Law 114–328; 130 Stat. 2354) and the to civilian casualties resulting from United parent manner to ensure public trust in the ad- amendments made by that section is fully com- States military operations. judication process.’’. plete by not later than 90 days after the date of (b) RESPONSIBILITIES.—The senior civilian of- SEC. 934. PROGRAM OF EXPEDITED SECURITY the enactment of this Act. ficial designated under subsection (a) shall en- CLEARANCES FOR MISSION-CRIT- Subtitle C—Organization and Management of sure that the policy referred to in that sub- ICAL POSITIONS. the Department of Defense Generally section provides for— (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secu- SEC. 931. LIMITATION ON AVAILABILITY OF (1) uniform processes and standards across the FUNDS FOR MAJOR HEADQUARTERS combatant commands for accurately recording rity Executive Agent shall establish a program ACTIVITIES OF THE DEPARTMENT OF kinetic strikes by the United States military; for the expedited processing of security clear- DEFENSE. (2) the development and dissemination of best ances for mission-critical positions, fulfilled by (a) IN GENERAL.—Chapter 2 of title 10, United practices for reducing the likelihood of civilian either Government or contract employees. Under States Code, is amended by inserting after sec- casualties from United States military oper- such program, the Security Executive Agent tion 117 the following new section: ations; shall complete the processing of applications for ‘‘§ 118. Major headquarters activities: limita- (3) the development of a publicly available security clearances— tion on funds available Internet portal for the submittal of allegations (1) at the secret level in 15 or fewer days; and (2) at the top secret level in 45 days or fewer. ‘‘(a) OVERALL LIMITATION.—In any fiscal of civilian casualties resulting from United States military operations; (b) SECURITY EXECUTIVE AGENT.—In this sec- year after fiscal year 2020, the aggregate tion, the term ‘‘Security Executive Agent’’ amount that may be obligated and expended on (4) uniform processes and standards across the combatant commands for reviewing and inves- means the Director of National Intelligence act- major headquarters activities may not exceed an ing as the Security Executive Agent in accord- amount equal to 1.6 percent of the average tigating allegations of civilian casualties result- ing from United States military operations, in- ance with Executive Order 13467 (73 Fed. Reg. amount authorized to be appropriated for the 38103; 50 U.S.C. 3161 note). Department of Defense (including for overseas cluding the consideration of relevant informa- tion from all available sources; SEC. 935. INFORMATION SHARING PROGRAM FOR contingency operations) over the 10 fiscal years POSITIONS OF TRUST. ending with the preceding fiscal year. (5) uniform processes and standards across the combatant commands for— (a) PROGRAM REQUIRED.—Not later than 90 ‘‘(b) LIMITATIONS ON AVAILABILITY FOR PAR- days after the date of the enactment of this Act, TICULAR ACTIVITIES.—Within the amount avail- (A) acknowledging the responsibility of the United States military for civilian casualties re- the Security Executive Agent shall establish a able for a fiscal year pursuant to subsection (a), program to share between and among Federal amounts shall be available as follows: sulting from United States military operations; and Government agencies and industry partners of ‘‘(1) For the Office of the Secretary of De- the Federal Government information regarding fense, not more than an amount equal to 0.4 (B) offering ex gratia payments to civilians who have been injured, or to the families of ci- individuals applying for and in positions of percent of the average amount authorized to be trust, including derogatory and suitability in- appropriated for the Department of Defense (in- vilians killed, as a result of United States mili- tary operations, as determined to be necessary formation. cluding for overseas contingency operations) (b) PRIVACY SAFEGUARDS.—The Security Exec- by the designated senior civilian official; over the 10 fiscal years ending with the pre- utive Agent shall ensure that the program re- (6) regular engagement with relevant intergov- ceding fiscal year. quired by subsection (a) includes such safe- ernmental and nongovernmental organizations; ‘‘(2) For the major headquarters activities of a guards for privacy as the Security Executive and military department, not more than an amount Agent considers appropriate. (7) public affairs guidance with respect to equal to 1 percent of the average amount au- (c) PROVISION OF INFORMATION TO THE PRI- matters relating to civilian casualties alleged or thorized to be appropriated for the Department VATE SECTOR.—The Security Executive Agent of Defense (including for overseas contingency confirmed to have resulted from United States shall ensure that under the program required by operations) for such military department over military operations; and subsection (a) sufficient information is provided the 10 fiscal years ending with the preceding fis- (8) such other matters with respect to civilian to the private sector so that employers in the cal year. casualties resulting from United States military private sector can make informed decisions ‘‘(c) DISTRIBUTION OF REMAINING FUNDS.— operations as the designated senior civilian offi- about hiring and retention in positions of trust, Any funds available in a fiscal year for major cial considers appropriate. while safeguarding personnel privacy. headquarters activities under subsection (a) (c) REPORT.—Not later than 180 days after the (d) IMPLEMENTATION PLAN.— after the operation of subsection (b) in connec- date of the enactment of this Act, the senior ci- (1) IN GENERAL.—Not later than 90 days after tion with such fiscal year may be distributed for vilian official designated under subsection (a) the date of the enactment of this Act, the Secu- availability by the Secretary of Defense among shall submit to the congressional defense com- rity Executive Agent shall submit to Congress a any major headquarters activities other than mittees a report that describes— plan for the implementation of the program re- the Office of the Secretary of Defense. (1) the policy developed by the senior civilian quired by subsection (a). ‘‘(d) DEFINITIONS.—In this section: official under that subsection; and (2) CONTENTS.—The plan required by para- ‘‘(1) The term ‘major headquarters activities’ (2) the efforts of the Department to implement graph (1) shall include the following: has the meaning given the term ‘major Depart- such policy. (A) Matters that address privacy, security, ment of Defense headquarters activities’ in sec- SEC. 933. ADDITIONAL MATTERS IN CONNECTION and human resources processes. tion 346(b)(3) of the National Defense Author- WITH BACKGROUND AND SECURITY (B) Such recommendations as the Security Ex- ization Act for Fiscal Year 2016 (10 U.S.C. 111 INVESTIGATIONS FOR DEPARTMENT ecutive Agent may have for legislative or admin- note). OF DEFENSE PERSONNEL. istrative action to carry out or improve the pro- ‘‘(2) The term ‘major headquarters activities of (a) ADDITIONAL MATTER FOR ANNUAL RE- gram. a military department’ means the following: PORTS.—Subsection (k)(3) of section 925 of the (e) SECURITY EXECUTIVE AGENT.—In this sec- ‘‘(A) In the case of the Army, the Office of the National Defense Authorization Act for Fiscal tion, the term ‘‘Security Executive Agent’’ Secretary of the Army and the Army Staff. Year 2018 (Public Law 115–91) is amended— means the Director of National Intelligence act- ‘‘(B) In the case of the Navy, the Office of the (1) by redesignating subparagraphs (H) ing as the Security Executive Agent in accord- Secretary of the Navy, the Office of the Chief of through (L) as subparagraphs (I) through (M), ance with Executive Order 13467 (73 Fed. Reg. Naval Operations, and Headquarters, Marine respectively; and 38103; 50 U.S.C. 3161 note). Corps. (2) by inserting after subparagraph (G) the SEC. 936. REPORT ON CLEARANCE IN PERSON ‘‘(C) In the case of the Air Force, the Office following new subparagraph (H): CONCEPT. of the Secretary of the Air Force and the Air ‘‘(H) The number of denials or revocations of (a) REPORT REQUIRED.—Not later than 90 Staff. a security clearance by each authorized adju- days after the date of the enactment of this Act,

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4107 the Security Executive Agent shall submit to (G) A personal statement by the applicant ex- position of senior leadership within the Depart- congressional defense and intelligence commit- plaining career areas of interest and motivations ment, including ongoing mentorship support tees a report on the requirements, feasibility, for service in the Department. through appropriate personnel from entities and advisability of implementing a clearance in (H) Such other information as the Secretary within the Department such as the Defense person concept as described in subsection (b) for considers appropriate. Business Board and the Defense Innovation maintaining access to classified information. (d) SELECTION.— Board; and (b) CLEARANCE IN PERSON CONCEPT.— (1) IN GENERAL.—Each year, the Secretary (B) are provided appropriate opportunities for (1) IN GENERAL.—Implementation of a clear- shall select participants in the fellows program employment and advancement within the De- ance in person concept as described in this sub- from among applicants for the fellows program partment upon successful completion of the fel- section would permit an individual who has for such year who qualify for participation in lows program. been granted a national security clearance to the fellows program based on character, commit- (2) RESERVATION OF POSITIONS.—In carrying maintain eligibility for access to classified infor- ment to public service, academic achievement, out paragraph (1)(B), the Secretary shall reserve mation, networks, and facilities after the indi- extracurricular activities, and such other quali- for participants who successfully complete the vidual has separated from service to the Federal fications for participation in the fellows pro- fellows program not fewer than 30 positions in Government or transferred to a position that no gram as the Secretary considers appropriate. the excepted service within the Department that longer requires access to classified information. (2) NUMBER.—The number of individuals se- are suitable for the commencement of a career (2) RECOGNITION AS CURRENT.—The concept lected to participate in the fellows program in track toward senior leadership within the De- described in paragraph (1) would also ensure any year may not exceed the numbers as fol- partment. Any position so reserved shall not be that, unless otherwise directed by the Security lows: subject to or covered by any reduction in head- Executive Agent, the individual’s security clear- (A) Ten individuals from each geographic re- quarters personnel required under any other ance would be recognized as current, regardless gion of the United States as follows: provision of law. of employment status, with no further need for (i) The Northeast. (3) NONCOMPETITIVE APPOINTMENT.—Upon the investigation or revalidation until the indi- (ii) The Southeast. successful completion of the assignment of a vidual obtains a position requiring access to (iii) The Midwest. participant in the fellows program in a position classified information. (iv) The Southwest. pursuant to subsection (e), the Secretary may, (c) CONTENTS.—The report required by sub- (v) The West. section (a) shall address the following: without regard to the provisions of subchapter I (B) Ten additional individuals. of chapter 33 of title 5, United States Code, ap- (1) Requirements for continuous vetting. (3) BACKGROUND INVESTIGATION.—An indi- point the participant to a position reserved pur- (2) Appropriate safeguards for privacy. vidual selected to participate in the fellows pro- suant to paragraph (2) if the Secretary deter- (3) An appropriate funding model. gram may not participate in the program unless (4) Fairness to small business concerns and mines that such appointment will contribute to the individual successfully undergoes a back- independent contractors. the development of highly qualified future sen- ground investigation applicable to the position (d) SECURITY EXECUTIVE AGENT.—In this sec- ior leaders for the Department. to which the individual will be assigned under tion, the term ‘‘Security Executive Agent’’ (4) PUBLICATION OF SELECTION.—The Sec- the fellows program and otherwise meets such means the Director of National Intelligence act- retary shall publish on an Internet website of requirements applicable to assignment to a sen- ing as the Security Executive Agent in accord- the Department available to the public the sitive position within the Department that the ance with Executive Order 13467 (73 Fed. Reg. names of the individuals selected to participate Secretary considers appropriate. 38103; 50 U.S.C. 3161 note). in the fellows program. (e) ASSIGNMENT.— SEC. 937. STRATEGIC DEFENSE FELLOWS PRO- (g) OUTREACH.—The Secretary shall under- (1) IN GENERAL.—Each individual who partici- GRAM. take appropriate outreach to inform potential pates in the fellows program shall be assigned to (a) FELLOWSHIP PROGRAM.— participants in the fellows program of the na- a position in the Office of the Secretary of De- (1) IN GENERAL.—Not later than one year after ture and benefits of participation in the fellows fense. the date of the enactment of this Act, the Sec- program. (2) POSITION REQUIREMENTS.—Each Under retary of Defense shall establish within the De- EGULATIONS.—The Secretary shall carry Secretary of Defense and each Director of a De- (h) R partment of Defense a civilian fellowship pro- out this section in accordance with such regula- fense Agency who reports directly to the Sec- gram designed to provide leadership develop- tions as the Secretary may prescribe for pur- retary shall submit to the Secretary each year ment and the commencement of a career track poses of this section. the qualifications and skills to be demonstrated toward senior leadership in the Department. (i) FUNDING.—Of the amounts authorized to by participants in the fellows program to qualify (2) DESIGNATION.—The fellowship program be appropriated for each fiscal year for the De- for assignment under this subsection for service shall be known as the ‘‘Strategic Defense Fel- partment of Defense for operation and mainte- in a position of the office of such Under Sec- lows Program’’ (in this section referred to as the nance, Defense-wide, $10,000,000 may be avail- retary or Director. ‘‘fellows program’’). able to carry out the fellows program in such (b) ELIGIBILITY.—An individual is eligible for (3) ASSIGNMENT TO POSITIONS.—The Secretary fiscal year. participation in the fellows program if the indi- shall each year assign participants in the fel- vidual— lows program to positions in the offices of the Subtitle D—Other Matters (1) is a citizen of the United States or a lawful Under Secretaries and Directors described in SEC. 941. ANALYSIS OF DEPARTMENT OF DE- permanent resident of the United States in the paragraph (2). In making such assignments, the FENSE BUSINESS MANAGEMENT AND year in which the individual applies for partici- Secretary shall seek to best match the qualifica- OPERATIONS DATASETS TO PRO- pation in the fellows program; and tions and skills of participants in the fellows MOTE SAVINGS AND EFFICIENCIES. (2) either— program with the requirements of positions (a) IN GENERAL.—The Chief Management Of- (A) possesses a graduate degree from an ac- available for assignment. Each participant so ficer of the Department of Defense shall develop credited institution of higher education in the assigned shall serve as a special assistant to the a policy on analysis of Department of Defense United States that was awarded not later than Under Secretary or Director to whom assigned. datasets on business management and business two years before the date of the acceptance of (4) TERM.—The term of each assignment operations by the public for purposes of access- the individual into the fellows program; or under the fellows program shall be one year. ing data analysis capabilities that would pro- (B) will be awarded a graduate degree from (5) PAY AND BENEFITS.—An individual as- mote savings and efficiencies and otherwise en- an accredited institution of higher education in signed to a position under the fellows program hance the utility of such datasets to the Depart- the United States not later than six months shall be compensated at the rate of compensa- ment. after the date of the acceptance of the indi- tion for employees at level GS–10 of the General (b) INITIAL DISCHARGE OF POLICY.— vidual into the fellows program. Schedule, and shall be treated as an employee of (1) IN GENERAL.—The Chief Management Offi- (c) APPLICATION.— the United States during the term of assignment, cer shall commence the discharge of the policy (1) APPLICATION REQUIRED.—Each individual including for purposes of eligibility for health required pursuant to subsection (a) by— seeking to participate in the fellows program care benefits and retirement benefits available to (A) identifying one or more matters— shall submit to the Secretary an application employees of the United States. (i) that are of significance to the Department therefor at such time and in such manner as the (6) EDUCATION LOAN REPAYMENT.—To the ex- of Defense; Secretary shall specify. tent that funds are provided in advance in ap- (ii) that are currently unresolved; and (2) ELEMENTS.—Each application of an indi- propriations Acts, the Secretary may repay any (iii) whose resolution from a business manage- vidual under this subsection shall include the loan of a participant in the fellows program if ment or business operations dataset of the De- following: partment could benefit from a method or tech- (A) Transcripts of educational achievement at the loan is described by subparagraph (A), (B), nique of analysis not currently familiar to the the undergraduate and graduate level. or (C) of section 16301(a)(1) of title 10, United (B) A resume. States Code. Any repayment of loans under this Department; (C) Proof of citizenship or lawful permanent paragraph shall be on a first-come, first-served (B) identifying between three and five busi- residence. basis. ness management or business operations (D) An endorsement from the applicant’s (f) CAREER DEVELOPMENT.— datasets of the Department not currently avail- graduate institution of higher education. (1) IN GENERAL.—The Secretary shall ensure able to the public whose evaluation could result (E) An academic writing sample. that participants in the fellows program— in novel data analysis solutions toward manage- (F) Letters of recommendation addressing the (A) receive opportunities and support appro- ment or operations problems of the Department applicant’s character, academic ability, and any priate for the commencement of a career track identified by the Chief Management Officer; extracurricular activities. within the Department leading toward a future and

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(C) encouraging, whether by competition or (c) EFFECT ON AUTHORIZATION AMOUNTS.—A troller), submit to the congressional defense other mechanisms, the evaluation of the transfer made from one account to another committees a report setting forth a ranking of datasets described in subparagraph (B) by ap- under the authority of this section shall be the auditability of the financial statements of propriate persons and entities in the public or deemed to increase the amount authorized for the departments, agencies, organizations, and private sector (including academia). the account to which the amount is transferred elements of the Department of Defense accord- (2) PROTECTION OF SECURITY AND CONFIDEN- by an amount equal to the amount transferred. ing to the progress made toward achieving TIALITY.—In providing for the evaluation of (d) NOTICE TO CONGRESS.—The Secretary shall auditability as required by law. datasets pursuant to this subsection, the Chief promptly notify Congress of each transfer made (b) CRITERIA FOR RANKING.—The criteria to be Management Officer shall take appropriate ac- under subsection (a). used for ranking for purposes of the report tions to protect the security and confidentiality SEC. 1002. INCLUSION OF FUNDS FOR AIR FORCE under this section shall be— of any information contained in the dataset, in- PASS-THROUGH ITEMS IN DEFENSE- (1) the criteria developed by the Under Sec- cluding through special precautions to ensure WIDE BUDGET FOR THE DEPART- retary pursuant to section 1104 of the National that any personally identifiable information is MENT OF DEFENSE. Defense Authorization Act for Fiscal Year 2018 not included and no release of information will (a) IN GENERAL.—In any budget of the Presi- (Public Law 115–91) for a similar report under adversely affect national security missions. dent submitted to Congress pursuant to section that section; SEC. 942. RESEARCH AND DEVELOPMENT TO AD- 1105(a) of title 31, United States Code, for a fis- (2) other criteria developed by the Under Sec- VANCE CAPABILITIES OF THE DE- cal year after fiscal year 2019, any funds for an retary for purposes of the report under this sec- PARTMENT OF DEFENSE IN DATA IN- Air Force pass-through item shall be requested tion; or TEGRATION AND ADVANCED ANA- in the Defense-wide budget of the Department of (3) a combination of the criteria described in LYTICS IN CONNECTION WITH PER- Defense rather than the budget of the Air Force. paragraphs (1) and (2). SONNEL SECURITY. (b) AIR FORCE PASS-THROUGH ITEM DE- (c) CONSTRUCTION.—The report required by (a) PLAN REQUIRED.—The Under Secretary of FINED.—In this section, the term ‘‘Air Force this section is in addition to the report required Defense for Intelligence shall develop a plan on pass-through item’’ means a program, project, or by section 1104 of the National Defense Author- research and development activities to advance activity for which— ization Act for Fiscal Year 2018. the capabilities of the Department of Defense in (1) funds would otherwise be requested for the data integration and advanced analytics in con- SEC. 1005. TRANSPARENCY OF ACCOUNTING Air Force; and FIRMS USED TO SUPPORT DEPART- nection with personnel security activities of the (2) funds made available for execution will be MENT OF DEFENSE AUDIT. Department. The plan shall, to the extent prac- executed by another department, agency, or ele- The Secretary of Defense shall require any ac- ticable, provide for the leveraging of the capa- ment of the Department of Defense. counting firm under contract or under consider- bilities of other government entities, institutions SEC. 1003. REPORT ON SHIFT IN REQUESTS FOR ation for a contract or for the renewal of an ex- of higher education, and private sector entities FUNDS FOR DEPARTMENT OF DE- isting contract with the Department of Defense with advanced, leading-edge expertise in data FENSE ACTIVITIES FROM FUNDS FOR in support of the audit required under section integration and analytics applicable to the chal- OVERSEAS CONTINGENCY OPER- 3521 of title 31, United States Code, to provide a lenges faced by the Department in connection ATIONS TO FUNDS THROUGH THE statement setting forth the details of any dis- BASE BUDGET. with personnel security. ciplinary proceedings with respect to the ac- (a) REPORT REQUIRED.—Not later than 14 (b) COORDINATION.—Any activities under the counting firm or its associated persons before days after the submittal to Congress of the plan may be carried out in coordination with any entity with the authority to enforce compli- budget of the President for fiscal year 2020 pur- the Defense Digital Service and the Defense In- ance with rules or laws applying to audit serv- suant to section 1105 of title 31, United States novation Board. ices offered by accounting firms. (c) BRIEFING.—Not later than 180 days after Code, the Under Secretary of Defense (Comp- the date of the enactment of this Act, the Under troller) shall submit to the congressional defense Subtitle B—Naval Vessels and Shipyards Secretary shall provide to the appropriate com- committees a report on any shift during fiscal SEC. 1011. DATE OF LISTING OF VESSELS AS BAT- mittees of Congress a briefing on the plan. year 2020 from requests for funds for Depart- TLE FORCE SHIPS IN THE NAVAL (d) APPROPRIATE COMMITTEES OF CONGRESS ment of Defense activities for overseas contin- VESSEL REGISTER AND OTHER FLEET INVENTORY MEASURES. DEFINED.—In this section, the term ‘‘appro- gency operations to requests for funds for such priate committees of Congress’’ means— activities for the Department generally (com- (a) IN GENERAL.—Section 7301 of title 10, (1) the Committee on Armed Services, the Com- monly referred to as the ‘‘base budget’’). United States Code, is amended— mittee on Appropriations, and the Select Com- (b) ELEMENTS.—The report required by sub- (1) by redesignating subsection (c) as sub- mittee on Intelligence of the Senate; and section (a) shall include the following: section (d); and (2) the Committee on Armed Services, the Com- (1) A description of the assumptions used by (2) by inserting after subsection (b) the fol- mittee on Appropriations, and the Permanent the Department of Defense and the Armed lowing new subsection (c): Select Committee on Intelligence of the House of Forces in determining the programs, projects, ‘‘(c) LISTING AS BATTLE FORCE SHIP IN NAVAL Representatives. and activities for which funds were requested VESSEL REGISTER.—A covered vessel may not be listed in the Naval Vessel Register or other fleet TITLE X—GENERAL PROVISIONS for fiscal year 2019 for overseas contingency op- erations for which funds are requested for fiscal inventory measures as a battle force ship until Subtitle A—Financial Matters year 2020 for the Department generally, includ- the delivery date specified in subsection (a).’’. SEC. 1001. GENERAL TRANSFER AUTHORITY. ing any changes to the criteria for overseas con- (b) DEFINITIONS.—Such section is further (a) AUTHORITY TO TRANSFER AUTHORIZA- tingency operations funding requests issued in amended by striking subsection (d), as redesig- TIONS.— 2010 and used by the Office of Management and nated by subsection (a)(1) of this section, and (1) AUTHORITY.—Upon determination by the Budget in identifying the programs, projects, inserting the following new subsection: Secretary of Defense that such action is nec- and activities for which funds are so requested ‘‘(d) DEFINITIONS.—In this section: essary in the national interest, the Secretary for fiscal year 2020. ‘‘(1) The term ‘covered vessel’ means any ves- may transfer amounts of authorizations made (2) The programs, projects, and activities of sel of the Navy that is under construction or available to the Department of Defense in this the Department for which funds were requested constructed using amounts authorized to be ap- division for fiscal year 2019 between any such for fiscal year 2019 for overseas contingency op- propriated for the Department of Defense for authorizations for that fiscal year (or any sub- erations that are requested in the budget for fis- shipbuilding and conversion, Navy. divisions thereof). Amounts of authorizations so cal year 2020 to be funded for the Department ‘‘(2) The term ‘battle force ship’ means the fol- transferred shall be merged with and be avail- generally, and the amount for such programs, lowing: able for the same purposes as the authorization projects, and activities, set forth at the level of ‘‘(A) A commissioned United States Ship war- to which transferred. detail as follows: ship capable of contributing to combat oper- (2) LIMITATION.—Except as provided in para- (A) For procurement, by line item. ations. graph (3), the total amount of authorizations (B) For research, development, test, and eval- ‘‘(B) A United States Naval Ship that contrib- that the Secretary may transfer under the au- uation, by program element (PE) number. utes directly to Navy warfighting or support thority of this section may not exceed (C) For operation and maintenance, by sub- missions.’’. $4,500,000,000. activity group (SAG). SEC. 1012. ANNUAL REPORTS ON EXAMINATION (3) EXCEPTION FOR TRANSFERS BETWEEN MILI- (D) For military personnel, by sub-activity OF NAVY VESSELS. TARY PERSONNEL AUTHORIZATIONS.—A transfer group. Section 7304 of title 10, United States Code, is of funds between military personnel authoriza- (E) For revolving and management funds, by amended by adding at the end the following tions under title IV shall not be counted toward sub-activity group. new subsection: the dollar limitation in paragraph (2). (F) For military construction, by project. ‘‘(d) ANNUAL REPORT.— (b) LIMITATIONS.—The authority provided by SEC. 1004. RANKING OF AUDITABILITY OF FINAN- ‘‘(1) IN GENERAL.—Not later than March 1 subsection (a) to transfer authorizations— CIAL STATEMENTS OF THE ORGANI- each year, the board designated under sub- (1) may only be used to provide authority for ZATIONS AND ELEMENTS OF THE DE- section (a) shall submit to the congressional de- items that have a higher priority than the items PARTMENT OF DEFENSE. fense committees a report setting forth the fol- from which authority is transferred; and (a) REPORT ON RANKING.—Not later than 90 lowing: (2) may not be used to provide authority for days after the date of the enactment of this Act, ‘‘(A) An overall narrative summary of the ma- an item that has been denied authorization by the Secretary of Defense shall, in coordination terial readiness of Navy ships as compared to es- Congress. with the Under Secretary of Defense (Comp- tablished material requirements standards.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00098 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4109 ‘‘(B) The overall number and types of vessels ‘‘§ 7320. Nuclear-powered aircraft carriers: tire, transfer, or place in storage any hospital inspected during the preceding fiscal year. dismantlement and disposal ship. ‘‘(C) For in-service vessels, material readiness ‘‘(a) IN GENERAL.—Not less than 90 days be- (b) WAIVER.—The Secretary of the Navy may trends by inspected functional area as compared fore the award of a contract for the dismantle- waive the limitation in subsection (a) with re- to the previous five years. ment and disposal of a nuclear-powered aircraft spect to a hospital ship if the Secretary certifies ‘‘(2) FORM.—Each report under this sub- carrier, or the provision of funds to a naval to the congressional defense committees that the section shall be submitted in an unclassified shipyard for the dismantlement and disposal of Secretary has— form that is releasable to the public without fur- a nuclear-powered aircraft carrier, the Sec- (1) identified a replacement capability, and ther redaction. retary of the Navy shall submit to the congres- the necessary quantity of systems, to meet all ‘‘(3) TERMINATION.—No report shall be re- sional defense committees a report setting forth hospital ship requirements of the combatant quired under this subsection after October 1, the following: commands that are currently being met by such 2021.’’. ‘‘(1) A cost and schedule baseline for the dis- hospital ship; SEC. 1013. LIMITATION ON DURATION OF HOME- mantlement and disposal approved by the serv- (2) achieved initial operational capability of PORTING OF CERTAIN VESSELS IN ice acquisition executive of the Department of all systems described in paragraph (1); and FOREIGN LOCATIONS. the Navy and the Chief of Naval Operations. (3) deployed a sufficient quantity of systems (a) LIMITATION.— ‘‘(2) An independent cost estimate of the dis- described in paragraph (1) that have achieved (1) IN GENERAL.—Chapter 633 of title 10, mantlement and disposal prepared by the Office initial operational capability in order to con- United States Code, is amended by inserting of Cost Analysis and Program Evaluation. tinue to meet or exceed all requirements of the after section 7310 the following new section: ‘‘(3) A description of the regulatory frame- combatant commands that are currently being ‘‘§ 7310a. Homeporting of certain vessels in work applicable to the management of radio- met by such hospital ship. overseas locations: limitation on duration active materials in connection with the dis- Subtitle C—Counterterrorism ‘‘(a) IN GENERAL.—A vessel specified in sub- mantlement and disposal, including, in cases in SEC. 1021. EXTENSION OF PROHIBITION ON USE section (b) that is listed in the Naval Vessel Reg- which the Navy intends to have another govern- OF FUNDS FOR TRANSFER OR RE- ister may not be homeported in a location other ment entity serve as the regulatory enforcement LEASE OF INDIVIDUALS DETAINED than in the United States or Guam for a period authority— AT UNITED STATES NAVAL STATION, of more than 10 consecutive years. ‘‘(A) a certification from that entity of its GUANTANAMO BAY, CUBA, TO THE UNITED STATES. ‘‘(b) SPECIFIED VESSELS.—The vessels specified agreement to serve as the regulatory enforce- Section 1033 of the National Defense Author- in this subsection are the following: ment authority; and ization Act for Fiscal Year 2018 (Public Law ‘‘(1) Aircraft carrier. ‘‘(B) a description of the legal basis for the 115–91) is amended by striking ‘‘December 31, ‘‘(2) Amphibious ship. authority of that entity to serve as the regu- 2018’’ and inserting ‘‘December 31, 2019’’. ‘‘(3) Cruiser. latory enforcement authority. ‘‘(4) Destroyer. ‘‘(b) SUPPLEMENTAL INFORMATION WITH SEC. 1022. EXTENSION OF PROHIBITION ON USE ‘‘(5) Frigate. BUDGETS.—In the materials submitted to Con- OF FUNDS TO CONSTRUCT OR MOD- gress by the Secretary of Defense in support of IFY FACILITIES IN THE UNITED ‘‘(c) WAIVER.— STATES TO HOUSE DETAINEES ‘‘(1) IN GENERAL.—The Chief of Naval Oper- the budget of the President for a fiscal year (as submitted to Congress under section 1105(a) of TRANSFERRED FROM UNITED ations may waive the applicability of subsection STATES NAVAL STATION, GUANTA- (a) to a ship. title 31), the Secretary of the Navy shall include NAMO BAY, CUBA. ‘‘(2) EFFECTIVENESS CONTINGENT ON REPORT.— information on each dismantlement and disposal Section 1034(a) of the National Defense Au- A waiver under paragraph (1) with respect to a of a nuclear-powered aircraft carrier occurring thorization Act for Fiscal Year 2018 (Public Law ship shall go into effect on the date on which or planned to occur during the period of the fu- 115–91) is amended by striking ‘‘December 31, the Chief of Naval Operations submits to the ture-years defense program submitted to Con- 2018’’ and inserting ‘‘December 31, 2019’’. gress with that budget. Such information shall congressional defense committees a report on the SEC. 1023. EXTENSION OF PROHIBITION ON USE waiver setting forth the following: include, by ship concerned, the following: OF FUNDS FOR TRANSFER OR RE- ‘‘(A) The ship covered by the waiver. ‘‘(1) A summary of activities and significant LEASE OF INDIVIDUALS DETAINED ‘‘(B) The duration of the waiver for such ship developments in connection with such dis- AT UNITED STATES NAVAL STATION, ‘‘(C) The justification of the Chief of Naval mantlement and disposal. GUANTANAMO BAY, CUBA, TO CER- Operations for the waiver.’’. ‘‘(2) If applicable, a detailed description of TAIN COUNTRIES. (2) CLERICAL AMENDMENT.—The table of sec- cost and schedule performance against the base- Section 1035 of the National Defense Author- tions at the beginning of chapter 633 of such line for such dismantlement and disposal estab- ization Act for Fiscal Year 2018 (Public Law title is amended by inserting after the item relat- lished pursuant to subsection (a), including a 115–91) is amended by striking ‘‘December 31, ing to section 7310 the following new item: description of and explanation for any variance 2018’’ and inserting ‘‘December 31, 2019’’. from such baseline. ‘‘7310a. Homeporting of certain vessels in over- SEC. 1024. EXTENSION OF PROHIBITION ON USE ‘‘(3) A description of the amounts requested, OF FUNDS TO CLOSE OR RELIN- seas locations: limitation on dura- or intended or estimated to be requested, for QUISH CONTROL OF UNITED STATES tion.’’. such dismantlement and disposal for each of the NAVAL STATION, GUANTANAMO BAY, (b) EFFECTIVE DATE.—The amendments made following: CUBA. by this section shall take effect on October 1, ‘‘(A) Each fiscal year covered by the future- Section 1036 of the National Defense Author- 2020, and shall apply with respect to the home- years defense program. ization Act for Fiscal Year 2018 (Public Law porting of vessels after that date, regardless of ‘‘(B) Any fiscal years before the fiscal years 115–91) is amended inserting ‘‘or 2019’’ after whether the continuous period of homeporting covered by the future-years defense program. ‘‘fiscal year 2018’’. concerned commenced before that date. ‘‘(C) Any fiscal years after the end of the pe- SEC. 1025. AUTHORITY TO TRANSFER INDIVID- SEC. 1014. SPECIFIC AUTHORIZATION REQUIRE- riod of the future-years defense program. UALS DETAINED AT UNITED STATES MENT FOR NUCLEAR REFUELING OF ‘‘(c) FUTURE-YEARS DEFENSE PROGRAM DE- NAVAL STATION, GUANTANAMO BAY, AIRCRAFT CARRIERS. FINED.—In this section, the term ‘future-years CUBA, TO THE UNITED STATES TEM- (a) IN GENERAL.—Chapter 633 of title 10, defense program’ means the future-years de- PORARILY FOR EMERGENCY OR CRITICAL MEDICAL TREATMENT. United States Code, is amended by inserting fense program required by section 221 of this (a) TEMPORARY TRANSFER FOR MEDICAL after section 7314 the following new section: title.’’. TREATMENT.—Notwithstanding section 1033 of ‘‘§ 7314a. Nuclear refueling of aircraft car- (b) CLERICAL AMENDMENT.—The table of sec- the National Defense Authorization Act for Fis- riers: specific authorization required tions at the beginning of chapter 633 of such cal Year 2018 (Public Law 115–91), as amended title is amended by adding at the end the fol- ‘‘Funds may not be obligated or expended for by section 1021 of this Act, or any similar provi- lowing new item: the procurement of a naval nuclear reactor sion of law enacted after September 30, 2015, the power unit or associated reactor components for ‘‘7320. Nuclear-powered aircraft carriers; dis- Secretary of Defense may, after consultation the nuclear refueling of an aircraft carrier un- mantlement and disposal.’’. with the Secretary of Homeland Security, tem- less such refueling is specifically authorized, by SEC. 1016. NATIONAL DEFENSE SEALIFT FUND. porarily transfer an individual detained at ship name and hull number, by statute.’’. Section 2218(f)(3)(C) of title 10, United States Guantanamo to a Department of Defense med- (b) CLERICAL AMENDMENT.—The table of sec- Code, is amended by striking ‘‘two foreign con- ical facility in the United States for the sole tions at the beginning of chapter 633 of such structed ships’’ and inserting ‘‘seven foreign purpose of providing the individual medical title is amended by inserting after the item relat- constructed ships during the period beginning treatment if the Secretary of Defense determines ing to section 7314 the following new item: with fiscal year 2019 and ending with fiscal year that— ‘‘7314a. Nuclear refueling of aircraft carriers: 2030’’. (1) the medical treatment of the individual is specific authorization required.’’. SEC. 1017. LIMITATION ON USE OF FUNDS FOR necessary to prevent death or imminent signifi- SEC. 1015. DISMANTLEMENT AND DISPOSAL OF RETIREMENT OF HOSPITAL SHIPS. cant injury or harm to the health of the indi- NUCLEAR-POWERED AIRCRAFT CAR- (a) LIMITATION.—Except as provided in sub- vidual; RIERS. section (b), none of the funds authorized to be (2) the necessary medical treatment is not (a) IN GENERAL.—Chapter 633 of title 10, appropriated by this Act or otherwise made available to be provided at United States Naval United States Code, is amended by adding at the available for fiscal year 2019 for the Navy may Station, Guantanamo Bay, Cuba, without in- end the following new section: be obligated or expended to retire, prepare to re- curring excessive and unreasonable costs; and

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4110 CONGRESSIONAL RECORD — SENATE June 19, 2018 (3) the Department of Defense has provided (B) shall be limited to an order of release from vided in subparagraph (E), provide to the offi- for appropriate security measures for the cus- custody which, when final, the Secretary of De- cials and officers referred to in paragraph tody and control of the individual during any fense shall implement in accordance with sec- (1)(A), and submit to the congressional defense period in which the individual is temporarily in tion 1034 of the National Defense Authorization committees, written guidance (to be known as the United States under this section. Act for Fiscal Year 2016 (10 U.S.C. 801 note). ‘Contingency Planning Guidance’ or ‘Guidance (b) LIMITATION ON EXERCISE OF AUTHORITY.— (g) NOTIFICATION.—Whenever a temporary for Employment of the Force’) on the prepara- The authority of the Secretary of Defense under transfer of an individual detained at Guanta- tion and review of contingency and campaign subsection (a) may be exercised only by the Sec- namo is made under the authority of subsection plans, including plans for providing support to retary of Defense or another official of the De- (a), the Secretary of Defense shall notify the civil authorities in an incident of national sig- partment of Defense at the level of Under Sec- Committees on Armed Services of the Senate and nificance or a catastrophic incident, for home- retary of Defense or higher. the House of Representatives of the transfer not land defense, and for military support to civil (c) CONDITIONS OF TRANSFER.—An individual later than five days after the date on which the authorities. who is temporarily transferred under the au- transfer is made. ‘‘(B) The guidance required by this paragraph thority in subsection (a) shall— (h) INDIVIDUAL DETAINED AT GUANTANAMO shall include the following: (1) while in the United States, remain in the DEFINED.—In this section, the term ‘‘individual ‘‘(i) A description of the manner in which lim- custody and control of the Secretary of Defense detained at Guantanamo’’ means an individual ited existing forces and resources shall be at all times; and located at United States Naval Station, Guanta- prioritized and apportioned to achieve the objec- (2) be returned to United States Naval Station, namo Bay, Cuba, as of October 1, 2009, who— tives described in the strategy required by para- Guantanamo Bay, Cuba, as soon as feasible (1) is not a national of the United States (as graph (1). ‘‘(ii) A description of the relative priority of after a Department of Defense physician deter- defined in section 101(a)(22) of the Immigration contingency and campaign plans, specific force mines, in consultation with the Commander, and Nationality Act (8 U.S.C. 1101(a)(22)) or a levels, and supporting resource levels projected Joint Task Force-Guantanamo Bay, Cuba, that member of the Armed Forces of the United to be available for the period of time for which any necessary follow-up medical care may rea- States; and sonably be provided the individual at United such plans are to be effective. (2) is— ‘‘(C) The guidance required by this paragraph States Naval Station, Guantanamo Bay. (A) in the custody or under the control of the shall include the following: (d) STATUS WHILE IN UNITED STATES.—An in- Department of Defense; or ‘‘(i) Prioritized global, regional, and func- dividual who is temporarily transferred under (B) otherwise detained at United States Naval tional policy objectives that the armed forces the authority in subsection (a), while in the Station, Guantanamo Bay. should plan to achieve, including plans for de- United States— (i) APPLICABILITY.—This section shall apply liberate and contingency scenarios. (1) shall be deemed at all times and in all re- to an individual temporarily transferred under ‘‘(ii) Policy and strategic assumptions that spects to be in the uninterrupted custody of the the authority in subsection (a) regardless of the should guide military planning, including the Secretary of Defense, as though the individual status of any pending or completed proceeding role of foreign partners. remained physically at United States Naval Sta- or detention on the date of the enactment of this ‘‘(iii) Guidance on global posture and global tion, Guantanamo Bay, Cuba; Act. force management. (2) shall not at any time be subject to, and Subtitle D—Miscellaneous Authorities and ‘‘(iv) Security cooperation priorities. may not apply for or obtain, or be deemed to Limitations ‘‘(v) Specific guidance on United States and enjoy, any right, privilege, status, benefit, or Department nuclear policy. eligibility for any benefit under any provision of SEC. 1031. STRATEGIC GUIDANCE DOCUMENTS ‘‘(D) The guidance required by this paragraph the immigration laws (as defined in section WITHIN THE DEPARTMENT OF DE- shall be the primary source document to be used 101(a)(17) of the Immigration and Nationality FENSE. by the Chairman of the Joint Chiefs of Staff Act (8 U.S.C. 1101(a)(17)), or any other law or Section 113(g) of title 10, United States Code, in— regulation; is amended by striking paragraphs (2) through ‘‘(i) executing the global military integration (3) shall not be permitted to avail himself of (4) and inserting the following new paragraphs responsibilities described in section 153 of this any right, privilege, or benefit of any law of the (2) through (4): title; and United States beyond those available to individ- ‘‘(2)(A) In implementing the requirement in ‘‘(ii) developing implementation guidance for uals detained at United States Naval Station, paragraph (1), the Secretary, with the advice of the Joint Chiefs of Staff and the commanders of Guantanamo Bay; and the Chairman of the Joint Chiefs of Staff, shall the combatant commands. (4) shall not, as a result of such transfer, have each year provide to the officials and officers re- ‘‘(E) The guidance required by this paragraph a change in any designation that may have at- ferred in paragraph (1)(A), and submit to the shall be produced every two years, or more fre- tached to that detainee while detained at congressional defense committees, written guid- quently as needed. United States Naval Station, Guantanamo Bay, ance (to be known as ‘Defense Planning Guid- ‘‘(F) The guidance required by this paragraph pursuant to the Authorization for Use of Mili- ance’) establishing goals, priorities, and objec- shall be submitted to the congressional defense tary Force (Public Law 107–40), as determined tives, including fiscal constraints, to direct the committees as required by subparagraph (A) in February of each year in which produced, and in accordance with applicable law and regula- preparation and review of the program and shall be accompanied by any written implemen- tions. budget recommendations of all elements of the tation documentation produced by the Chair- (e) NO CAUSE OF ACTION.—Any decision to Department, including— transfer or not to transfer an individual made ‘‘(i) the priority military missions of the De- man of the Joint Chiefs of Staff for purposes of such guidance. under the authority in subsection (a) shall not partment, including the assumed force planning ‘‘(4)(A) In implementing the requirement in give rise to any claim or cause of action. scenarios and constructs; paragraph (1), the Secretary, with the advice of (f) LIMITATION ON JUDICIAL REVIEW.— ‘‘(ii) the force size and shape, force posture, the Chairman of the Joint Chiefs of Staff, shall (1) LIMITATION.—Except as provided in para- defense capabilities, force readiness, infrastruc- each year produce, and submit to the congres- graph (2), no court, justice, or judge shall have ture, organization, personnel, technological in- sional defense committee, a report (to be known jurisdiction to hear or consider any claim or ac- novation, and other elements of the defense pro- as the ‘Global Defense Posture Report’) that tion against the United States or its depart- gram necessary to support the strategy required by paragraph (1); shall include the following: ments, agencies, officers, employees, or agents ‘‘(i) A description of major changes to United ‘‘(iii) the resource levels projected to be avail- arising from or relating to any aspect of the de- States forces, capabilities, and equipment as- able for the period of time for which such rec- tention, transfer, treatment, or conditions of signed and allocated outside the United States, ommendations and proposals are to be effective; confinement of an individual transferred under focused on significant alterations, additions, or and this section. reductions to such global defense posture that ‘‘(iv) a discussion of any changes in the strat- (2) EXCEPTION FOR HABEAS CORPUS.—The are required to execute the strategy and plans of egy required by paragraph (1) and assumptions United States District Court for the District of the Department. Columbia shall have exclusive jurisdiction to underpinning the strategy, as required by para- ‘‘(ii) A description of the supporting network consider an application for writ of habeas cor- graph (1). of infrastructure, facilities, pre-positioned pus seeking release from custody filed by or on ‘‘(B) The guidance required by this paragraph stocks, and war reserve materiel required for behalf of an individual who is in the United shall be produced in February each year in execution of major contingency plans of the De- States pursuant to a temporary transfer under order to support the planning and budget proc- partment. the authority in subsection (a). Such jurisdic- ess. The guidance shall be submitted to the con- ‘‘(iii) A list of all enduring locations, includ- tion shall be limited to that required by the Con- gressional defense committees together with the ing main operating bases, forward operating stitution, and relief shall be only as provided in budget of the President (as submitted to Con- sites, and cooperative security locations. paragraph (3). In such a proceeding the court gress pursuant to section 1105(a) of title 31) for ‘‘(iv) A description of the status of treaty, ac- may not review, halt, or stay the return of the the fiscal year beginning in the year in which cess, cost-sharing, and status-protection agree- individual who is the object of the application such guidance is submitted. ments with foreign nations. to United States Naval Station, Guantanamo ‘‘(3)(A) In implementing the requirement in ‘‘(v) A summary of the priority posture initia- Bay, Cuba, pursuant to subsection (c). paragraph (1) and in conjunction with the re- tives for each region by the commanders of the (3) RELIEF.—A court order in a proceeding porting requirement in section 2687a of this title, combatant commands. covered by paragraph (2)— the Secretary, with the approval of the Presi- ‘‘(vi) For each military department, a sum- (A) may not order the release of the individual dent and the advice of the Chairman of the mary of the implications for overseas posture of within the United States; and Joint Chiefs of Staff, shall, on the basis pro- any force structure changes.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4111 ‘‘(vii) A description of the costs incurred out- Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 (i) a comprehensive assessment of the elec- side the United States during the preceding fis- U.S.C. 111 note), establish a cross-functional tronic warfare capabilities of the Russian Fed- cal year in connection with operating, main- team for electronic warfare in order to identify eration and People’s Republic of China; taining, and supporting United States forces gaps in electronic warfare capabilities and ca- (ii) a review of vulnerabilities with respect to outside the United States for each military de- pacities within the Department across per- electronic systems, such as the Global Posi- partment, broken out by country, and whether sonnel, procedural, and equipment areas. tioning System, and in Department-wide abili- for operation and maintenance, infrastructure, (2) SPECIFIC DUTIES.—The cross-functional ties to conduct countermeasures in response to or transportation. team established pursuant to paragraph (1) electronic warfare attacks; and ‘‘(viii) A description of the amount of direct shall provide recommendations to address gaps (iii) a holistic study of all aspects of the man- support for the stationing of United States identified as described in that paragraph to the ner in which the Russian Federation and the forces provided by each host nation during the senior designated official. People’s Republic of China develop electronic preceding fiscal year. (d) PLANS AND REQUIREMENTS FOR ELEC- warfare doctrine, with order of battle across ‘‘(B) The report required by this paragraph TRONIC WARFARE.— multiple domains, and long-term research trends shall be submitted to the congressional defense (1) IN GENERAL.—The Secretary shall require of each country in connection with such war- committees as required by subparagraph (A) by the designated senior official to task the cross- fare. not later than April 30 each year. functional team established pursuant to sub- (K) Such other matters as the Secretary con- ‘‘(C) In this paragraph, the term ‘United section (c) to develop requirements and specific siders appropriate. (4) PERIODIC STATUS REPORTS.—Not later than States’, when used in a geographic sense, in- plans for addressing personnel and capability 90 days after the requirements and plans re- cludes the territories and possessions of the gaps in the electronic warfare mission area, and quired by paragraph (1) are submitted in ac- United States’’. plans for future warfare in that domain (includ- ing a roadmap for the next five years). cordance with paragraph (2), and every 90 days SEC. 1032. GUIDANCE ON THE ELECTRONIC WAR- thereafter during the three-year period begin- FARE MISSION AREA AND JOINT (2) UPDATE OF STRATEGY.—Not later than 180 ELECTROMAGNETIC SPECTRUM OP- days after the date of the enactment of this Act, ning on the date such plans and requirements ERATIONS. the cross-functional team shall— are first submitted in accordance with para- (a) PROCESSES AND PROCEDURES FOR INTEGRA- (A) update the strategy of the Department of graph (2), the designated senior official shall TION.—The Secretary of Defense shall— Defense titled ‘‘The DOD Electronic Warfare submit to the congressional defense committees a (1) establish processes and procedures to de- Strategy’’ and dated June 2017 to include the report describing the status of the efforts of the velop, integrate, and enhance the electronic roadmap referred to in paragraph (1); and Department in accomplishing the tasks specified warfare mission area and the conduct of joint (B) submit the updated strategy to the des- in subparagraphs (B) and (G) of paragraph (3). (e) TRAINING AND EDUCATION.—Consistent electromagnetic spectrum operations in all do- ignated senior official for transmittal to the con- with the elements under subsection (d)(3) of the mains across the Department of Defense; and gressional defense committees. plans and requirements required by subsection (2) ensure that such processes and procedures (3) ELEMENTS.—The requirements and plans (d)(1), the cross-functional team established provide for integrated defense-wide strategy, developed by the cross-functional team pursuant pursuant to subsection (c) shall provide the sen- planning, and budgeting with respect to the to paragraph (1) shall include the following: ior designated official recommendations for pro- conduct of such operations by the Department, (A) An accounting of the efforts undertaken grams to provide training and education to such including activities conducted to counter and in support of the strategy referred to in para- members of the Armed Forces and civilian em- deter such operations by malign actors. graph (2)(A) since its issuance in June 2017. (B) A description of any updates or changes ployees of the Department as the Secretary con- (b) DESIGNATED SENIOR OFFICIAL.— to the strategy since its issuance, and a descrip- siders appropriate in order to ensure that such (1) IN GENERAL.—The Secretary shall des- members and employees understand the roles ignate a senior official of the Department of De- tion of any anticipated updates or changes to and vulnerabilities associated with electronic fense (in this section referred to as the ‘‘des- the strategy as a result of the designation of the warfare and dependence on the electromagnetic ignated senior official’’) who shall implement designated senior official. (C) An assessment of vulnerabilities identified spectrum. and oversee the processes and procedures estab- in the May 2015 Electronic Warfare assessment lished under subsection (a). The designated sen- SEC. 1033. LIMITATION ON USE OF FUNDS FOR by the Defense Science Board. UNITED STATES SPECIAL OPER- ior official shall be designated by the Secretary (D) An assessment of the capability of joint ATIONS COMMAND GLOBAL MES- from among individuals serving in the Depart- forces to conduct joint electromagnetic spectrum SAGING AND COUNTER-MESSAGING ment at or below the level of Under Secretary of operations against near-peer adversaries and PLATFORM. Defense. The designated senior official shall any capability or capacity gaps in such capa- None of the funds authorized to be appro- oversee and chair the cross-functional team es- bility that need to be addressed, including an priated by this Act may be used for United States Special Operations Command’s Global tablished pursuant to subsection (c) and the assessment of the ability of joint forces to con- Messaging and Counter-Messaging platform Electronic Warfare Executive Committee estab- duct coordinated military operations to exploit, until the Secretary of Defense submits to the lished in March 2015. attack, protect, and manage the electromagnetic (2) RESPONSIBILITIES.—The designated senior congressional defense committees a report con- environment in the Signals Intelligence, Elec- official shall have, with respect to the imple- taining the following elements: tronic Warfare, and Spectrum Management mis- mentation and oversight of the processes and (1) A review of the doctrine, organization, sion areas. training, materiel, leadership and education, procedures established under subsection (a), the (E) A review of the roles of offices within the personnel and facilities applicable to military following responsibilities: Joint Staff, the Office of the Secretary of De- information support personnel, including, at a (A) Development of a strategic framework for fense, and the combatant commands with pri- minimum— the conduct and execution of the electronic war- mary responsibility for joint electromagnetic fare mission area and joint electromagnetic (A) an assessment of current doctrine, organi- spectrum policy and operations. zation, training, materiel, leadership and edu- spectrum operations by the Department, coordi- (F) A description of any assumptions about nated across all relevant elements of the Depart- cation, personnel and facilities; and the roles and contributions of the Department, (B) recommended changes for enhancing the ment, including both near-term and long-term in coordination with other departments and guidance for the conduct of such operations. ability of military information support personnel agencies of the United States Government, with to operate effectively in the current and future (B) Oversight of resource management for the respect to the strategy. development and integration of electronic war- information environment. (G) A description of actions, performance (2) An implementation plan for the establish- fare capabilities of the Department. metrics, and projected timelines for achieving ment of the platform, including a timeline for (3) ANNUAL CERTIFICATION ON BUDGETING FOR key capabilities for electronic warfare and joint achieving initial and full operational capability. CERTAIN CAPABILITIES.—Each budget for fiscal electromagnetic spectrum operations to cor- (3) A description of the budget requirements years 2020 through 2024 submitted by the Presi- respond to the four thematic goals identified in for the platform to reach full operational capa- dent to Congress pursuant to section 1105(a) of the strategy and as addressed by the roadmap. bility, including an identification and cost of title 31, United States Code, shall include a cer- (H) An analysis of any personnel, resourcing, any infrastructure and equipment requirements. tification by the senior designated official, as capability, authority, or other gaps to be ad- (4) A summary of costs to operate and sustain chair of the Electronic Warfare Executive Com- dressed in order to ensure effective implementa- the platform across the future year’s defense mittee, whether sufficient funds are requested in tion of the strategy across all relevant elements plan. such budget for anticipated activities in such of the Department, including an update on each (5) An explanation of the Secretary’s guidance fiscal year for each of the following: of the following: to the combatant commands to ensure unity of (A) The development of an Electromagnetic (i) The development of an Electromagnetic effort and prevent the proliferation of messaging Battle Management capability for joint electro- Battle Management capability for joint electro- and counter-messaging platforms. magnetic spectrum operations. magnetic spectrum operations. (6) A detailed description of the processes for (B) The establishment and operation of associ- (ii) The establishment and operation of Joint deconfliction and, where possible, integration of ated Joint Electromagnetic Spectrum Operations Electromagnetic Spectrum Operations cells at platform planning and activities with those of cells. critical combatant command locations. relevant departments and agencies of the United (c) CROSS-FUNCTIONAL TEAM FOR ELECTRONIC (I) An investment framework and projected States Government, including the Department of WARFARE.— timeline for addressing any gaps described by State’s Global Engagement Center. (1) ESTABLISHMENT REQUIRED.—The Secretary subparagraph (H). (7) An identification of any additional au- shall, in accordance with section 911(c) of the (J) In consultation with the Director of the thorities that may be required for achieving full National Defense Authorization Act for Fiscal Defense Intelligence Agency— operational capability of the platform.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4112 CONGRESSIONAL RECORD — SENATE June 19, 2018 (8) Any other matters deemed relevant by the quished pursuant to subsection (a) as of the (1) the National Defense Strategy correctly Secretary. date that is one year after the date of the enact- characterizes the leading strategic challenges SEC. 1034. SENSE OF CONGRESS ON THE BASING ment of this Act, and, for each such installation facing the United States as the reemergence of OF KC–46A AIRCRAFT OUTSIDE THE or portion of installation, the reasons why such great power competition, the erosion of the CONTINENTAL UNITED STATES. legislative jurisdiction was not so relinquished. United States military technological advantage, (a) FINDING.—Congress finds that the Depart- (e) SECRETARY CONCERNED DEFINED.—In this enduring violent extremism and instability in ment of Defense is continuing its process of per- section, the term ‘‘Secretary concerned’’ has the the broader Middle East and Africa, and contin- manently stationing KC–46A aircraft at installa- meaning given that term in section 101(a)(9) of ued uncertainty in the United States about the tions in the continental United States (CONUS) title 10, United States Code. availability of sufficient resources for national and forward-basing outside the continental SEC. 1036. POLICY ON RESPONSE TO JUVENILE- defense; United States (OCONUS). ON-JUVENILE ABUSE COMMITTED (2) the National Defense Strategy correctly (b) SENSE OF CONGRESS.—It is the sense of ON MILITARY INSTALLATIONS. prioritizes the development of a more lethal joint Congress that the Secretary of the Air Force, as (a) IN GENERAL.—The Secretary of Defense force that is ready to deter and, if necessary, de- part of the strategic basing process for KC–46A shall establish a policy, applicable across the feat aggression by great power competitors with aircraft, should continue to place emphasis on military installations of the Department of De- advanced military capabilities, while conducting and consider the benefits derived from locations fense (including installations outside the United counterterrorism operations in a more sustain- outside the continental United States that— States), on the response of the Department to al- able manner, together with allies and partners; (1) support day-to-day air refueling oper- legations of juvenile-on-juvenile abuse on mili- (3) the National Defense Strategy, and the im- ations, operations plans of the combatant com- tary installations. The policy shall be designed plications of the Strategy for the size, structure, mands, and flexibility for contingency oper- to ensure a consistent, standardized response to shape, roles, missions, and employment of the ations, and have— such allegations across the Department. joint force, was not completed in time to inform (A) a strategic location that is essential to the (b) ELEMENTS.—The policy required by this fully the budget of the President for national defense of the United States and its interests; section shall provide for the following: defense for fiscal year 2019; (B) receivers for boom or probe-and-drogue (1) Any report or other allegation of juvenile- (4) many Department of Defense programs of training opportunities with joint and inter- on-juvenile abuse on a military installation that record are upgraded replacements of legacy sys- national partners; and is received by the installation commander, a law tems that were not premised on the assumption (C) sufficient airfield and airspace availability enforcement organization, a Family Advocacy that future conflict could occur in highly-con- and capacity to meet requirements; and Program, a chid development center, or a De- tested environments against militarily advanced (2) possess facilities that— partment school operating on the installation or near-peer rivals; (A) take full advantage of existing infrastruc- otherwise under Department administration for (5) considerable growth in the size of the mili- ture to provide— the installation shall be reviewed by the Family tary will not be possible without growth in the (i) runway, hangars, and aircrew and mainte- Advocacy Program of the installation. budget, because the current future-years defense nance operations; and (2) Personnel of Family Advocacy Programs program assumes that defense spending after (ii) sufficient fuels receipt, storage, and dis- conducting reviews shall have appropriate fiscal year 2019 will only increase at the rate of tribution capacities for a 5-day peacetime oper- training and experience in working with juve- inflation, while costs for two of the largest driv- ating stock; and niles. ers of costs for the Department, namely military (B) minimize overall construction and oper- (3) Family Advocacy Programs conducting re- personnel and operation and maintenance, con- ational costs. views shall conduct a multi-faceted, multi-dis- tinue to grow faster than the rate of inflation; SEC. 1035. RELINQUISHMENT OF LEGISLATIVE ciplinary review and recommend treatment, (6) the Senate strongly supports the pursuit by JURISDICTION OF CRIMINAL OF- counseling, or other appropriate interventions the Department of budgetary savings through FENSES COMMITTED BY JUVENILES for complainants and respondents. internal reform and efficiencies, but notes that ON MILITARY INSTALLATIONS. (4) Each review shall be conducted— previous attempts to generate additional re- (a) IN GENERAL.—In the case of any military (A) with full involvement of appropriate au- sources through such mechanisms did not gen- installation or portion of a military installation thorities and entities, including parents or legal erate resources as planned; of which exclusive legislative jurisdiction of guardians of the juveniles involved (if prac- (7) increased force modernization investments criminal offenses committed by juveniles is re- ticable); and must be based on a rigorous reassessment of tained by the United States as of the date of the (B) to the extent practicable, in a manner that whether current programs will meet present and enactment of this Act, the Secretary concerned protects the sensitive nature of the incident con- future warfighting requirements against near- shall seek to relinquish to the State, Common- cerned, using language appropriate to the treat- peer rivals that are making rapid military tech- wealth, territory, or possession concerned legis- ment of juveniles in written policies and commu- nological advancements; lative jurisdiction of such offenses such that the nication with families. (8) the Department must conduct further ana- United States and the State, Commonwealth, (5) The requirement for investigation of a re- lytical work in order— territory, or possession, as the case may be, have port or other allegation shall not be deemed to (A) to facilitate the implementation of the Na- concurrent legislative jurisdiction of such of- terminate or alter any otherwise applicable re- tional Defense Strategy, as recommended by the fenses. quirement to report or forward the report or al- Commission on the National Defense Strategy; (b) MANNER OF RELINQUISHMENT.—Legislative legation to appropriate Federal, State, or local and jurisdiction shall be relinquished pursuant to authorities as possible criminal activity. (B) to provide Congress with a more rigorous subsection (a) in the manner provided in section (6) There shall be established and maintained understanding of, and justification for, future 2683(a) of title 10, United States Code. a centralized database of information on each requests for resources to organize, train and (c) DEADLINE.—The Secretaries concerned incident of abuse that is reviewed by a Family equip, and employ the Armed Forces; and (9) the Senate encourages the Secretary of De- shall, to the extent practicable, complete relin- Advocacy Program under this section, with— fense to refine the National Defense Strategy quishment of legislative jurisdiction pursuant to (A) the information in such database kept into more specific operational tasks and force subsection (a) by not later than one year after strictly confidential; and planning scenarios that the joint force must be the date of the enactment of this Act. (B) because the information involves alleged ready and able to perform in order to facilitate (d) REPORTS.— conduct by juveniles, additional special pre- a better understanding of joint force develop- (1) IN GENERAL.—Not later than 15 months cautions taken to ensure the information is after the date of the enactment of this Act, each available only to persons who require access to ment priorities and the roles and missions of Secretary concerned shall submit to Congress a the information. each Armed Force. (b) REPORT ON ROLES AND MISSIONS.— report on the relinquishment of legislative juris- (7) There shall be entered into the database, (1) REPORT REQUIRED.—Not later than Feb- for each substantiated or unsubstantiated inci- diction pursuant to subsection (a). ruary 1, 2019, the Secretary of Defense shall dent of abuse, appropriate information on the (2) ELEMENTS.—The report of a Secretary submit to the congressional defense committees a incident, including— under this subsection shall include the fol- report setting forth a re-evaluation of the high- (A) a description of the allegation; lowing: est priority missions of the Department of De- (A) A list of the installations or portions of in- (B) whether or not the review is completed; fense, and of the roles of the Armed Forces in stallations under the jurisdiction of the Sec- (C) whether or not the incident was subject to an investigation by a law enforcement organiza- the performance of such missions. retary of which exclusive legislative jurisdiction (2) GOALS.—The goals of the re-evaluation re- tion or entity, and the status and results of such of criminal offenses committed by juveniles is re- quired for purposes of the report shall be as fol- investigation; and tained by the United States as of the date of the lows: enactment of this Act. (D) whether or not action was taken in re- (A) To support implementation of the National (B) A list of the installations or portions of in- sponse to the incident, and the nature of the ac- Defense Strategy. stallations listed pursuant to subparagraph (A) tion, if any, so taken. (B) To optimize the effectiveness of the joint for which legislative jurisdiction was relin- Subtitle E—Studies and Reports force. quished pursuant to subsection (a) as of the SEC. 1041. REPORT ON HIGHEST-PRIORITY ROLES (C) To inform the preparation of future de- date that is one year after the date of the enact- AND MISSIONS OF THE DEPART- fense program and budget requests by the Sec- ment of this Act. MENT OF DEFENSE AND THE ARMED retary, and the consideration of such requests (C) A list of the installations or portions of in- FORCES. by Congress. stallations listed pursuant to subparagraph (A) (a) SENSE OF SENATE.—It is the sense of the (c) ELEMENTS.—The report required by sub- for which legislative jurisdiction was not relin- Senate that— section (b) shall include the following:

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4113 (1) A detailed description of the pacing threats (5) An assessment, based on operational plans, (E) A determination of what Armed Force, in for each Armed Force, and for special oper- of the ability of power projection platforms to addition to the Air Force, should have a role in ations forces, and an assessment of the manner survive and effectively perform the highest pri- the mission of light air attack in uncontested in which such pacing threats determine the pri- ority operational missions described in the Na- environments. mary role of each Armed Force, and special op- tional Defense Strategy, including the fol- (8) A reevaluation of the roles and missions of erations forces, including the connection be- lowing: the joint special operations enterprise, including tween key operational tasks required by contin- (A) An assessment of the feasibility of the cur- the following: gency plans. rent plans and investments by the Navy and (A) A detailed assessment whether the joint (2) A specific requirement for the size and Marine Corps to operate and defend their sea special operations enterprise is currently per- composition of each Armed Force, including the bases in contested environments. forming too many missions worldwide, and following: (B) An assessment whether amphibious forced whether any such missions could be performed (A) The required total end strength and force entry operations against advanced peer competi- adequately and more economically by conven- structure by type for the Army. tors should remain an enduring mission for the tional units. (B) The required fleet size of the Navy, identi- joint force considering the stressing operational (B) A detailed assessment whether the global fied by class of ships and the corresponding nature and significant resource requirements of allocation of special operations forces, and espe- total end strength requirement once that fleet such mission. cially the most capable units, is aligned to the size is achieved. (C) An assessment whether a transition from pacing threats and priority missions of the Na- (C) The required number of operational Air large-deck amphibious ships to small aircraft tional Defense Strategy. Force squadrons, identified by function and the carriers would result in a more lethal and sur- corresponding total end strength requirement vivable Marine Corps sea base that could accom- (C) A detailed description of the changes re- once that number of squadrons is achieved. modate larger numbers of more diverse strike quired to align the joint special operations en- (D) The required total end strength and force aircraft. terprise more effectively with the National De- structure by type for the Marine Corps. (D) An assessment of the manner in which an fense Strategy. (E) The force sizing construct used to deter- acceleration of development and fielding of (9) An assessment of the manner in which in- mine the end strength requirements covered by longer-range, unmanned, carrier-suitable strike creased use of the space domain should revise or subparagraphs (A) through (D), the year-by- aircraft could better meet operational require- reallocate the requirements of the joint force, in- year plan for achieving such requirements, rel- ments and alter the requirement for shorter- cluding the following: evant force posture assumptions, and the associ- range, manned tactical fighter aircraft. (A) A detailed description of the missions, in- ated military personnel costs of such plan. (E) An assessment of the manner in which the cluding joint moving target indication, air battle (3) A re-evaluation of the roles of the Armed emerging technology to operate large numbers of management, and missile and aircraft tracking Forces in performing low-intensity missions, low-cost, autonomous, attributable systems in and targeting, that could be performed more ef- such as counterterrorism and security force as- the air, on and under the sea, on land, and in fectively from space-based platforms due to sistance, including the following: space could change the manner in which the emerging technology and operational require- (A) An assessment whether the joint force joint force projects power globally. ments. would benefit from having one Armed Force (6) An assessment, based on operational plans, dedicated primarily to low-intensity missions, (B) An assessment of the manner in which the of the ability of manned, stealthy, penetrating thereby enabling the other Armed Forces to joint force can take advantage of the develop- strike platforms to survive and perform effec- focus more exclusively on advanced peer com- ment and deployment of disaggregated commer- tively the highest priority operational missions petitors. cial satellite Internet constellations to replace (B) A detailed description of, and accom- described in the National Defense Strategy, in- legacy tactical communications networks and panying justification for, the total amount of cluding the following: devices and achieve multi-domain command and (A) An assessment whether anticipated ad- forces required to perform the security force as- control more effectively and at lower cost. vances in stealth technology and the employ- sistance mission and the planned geographic (C) An assessment of the manner in which to ment of such technology on existing or develop- employment of such forces. ensure that the joint force has access to tech- (C) A revalidation of the Army plan to con- mental systems, such as the F–35 and B–21 air- nologies that deliver superior offensive space ca- struct six Security Force Assistant Brigades, craft, can be expected to outpace and overmatch pabilities and a maneuver advantage to and and an assessment of the impact, if any, of such adversary capabilities to detect and target such within the space domain, including reusable plan on the capability of the Army to perform systems. launch systems and spacecraft, on-orbit refuel- its primary roles under the National Defense (B) An assessment of the ability of fourth gen- ing and manufacturing, on-orbit power genera- Strategy. eration aircraft with advanced sensors and tion, and exploitation of space minerals and (D) An assessment whether the security force weapons to perform certain missions equally or propellants. more effectively than the missions assigned to, assistance mission would be better performed by (D) A detailed description of the actions to be or envisioned for, fifth-generation penetrating the Marine Corps, and an assessment of the end taken by components of the Department to pro- strike platforms. strength and force composition changes, if any, mote and protect the development of a licit (C) An assessment of the manner in which the required for the Marine Corps to assume such space economy, including the following: mission. emerging technology to operate large numbers of low-cost, autonomous, attributable systems in (i) Defense of commercial activities, facilities, (4) A reassessment of the roles and missions of and claims. the total ground forces, both Army and Marine the air, on and under the sea, on land, and in (ii) Safety of navigation. Corps, to execute the National Defense Strategy, space could obviate or reduce the requirement including the following: for penetrating strike platforms. (iii) Rescue and recovery. (A) A detailed description of the allocation of (7) A re-evaluation of the most effective and (iv) Construction and maintenance of public roles for the Army and Marine Corps in deter- efficient means for the joint force to perform the works in Cis-Lunar Space. ring and waging war against advanced peer air superiority mission in both contested and (v) Active debris remediation. competitors that can complement the activities uncontested environments, including the fol- (vi) Establishment of an on-orbit national and investments of each such Armed Force and lowing: strategic reserve of space minerals and propel- optimize the capabilities of each such Armed (A) An assessment of the ability to achieve air lants. Force. superiority from other domains, including with (10) A reassessment of the manner in which (B) A detailed description of the appropriate land-based systems, naval systems, undersea the joint force will perform the mission of logis- balance and mix of Army force structure, in- systems, space-based systems, electronic warfare tics in contested environments, including the cluding light infantry, mechanized infantry, systems, or cyber capabilities. following: armor, air defense, fires, engineers, aviation, (B) A validation of the envisioned operational and cost effectiveness of the Penetrating (A) A revalidation of the requirement for the signals, and logistics, that is required to perform KC–46 tanker aircraft, including an assessment the roles and missions of the Army against its Counter-Air platform, and of the requirement for developing this system as part of the Air of the aerial refueling requirements in contested pacing threats. environments and a greater reliance on distrib- (C) A detailed description of the modernized Force Next Generation Air Dominance program. uted systems of systems. capabilities and concepts to be developed by the (C) A detailed description of the optimal mix Army to contribute to joint force operations across the joint force of fourth-generation and (B) A detailed assessment whether the mission against advanced peer competitors, including fifth-generation fighter aircraft, bomber air- of logistics in contested environments could be the manner in which Army aviation will evolve craft, and Next Generation Air Dominance sys- better performed by larger numbers of lower- in light of unmanned aerial vehicle technology. tems to fulfill operational demands for air supe- cost, autonomous systems capable of dispersed (D) A revalidation of the requirement for riority. operations on land, at sea, and in the air. ground force modernization efforts, including (D) A detailed description of the manner in (C) A detailed assessment whether greater for- the Joint Light Tactical Vehicle, Future Vertical which the joint force will perform the mission of ward stationing of joint force capabilities and Lift, and Mobile Protected Fires, that are not light aerial attack in uncontested environments personnel would be more operationally effective optimized for conflict between the United States to support counterterrorism and security force in performing the contact and blunt missions of and advanced peer competitors. assistance missions, and the mission of coun- the National Defense Strategy. (E) A detailed description of requirements for tering violent extremism operations, at the low- (d) FORM.—The report required in subsection Army forces needed to support theater oper- est cost to the readiness of advanced, multirole (b) shall be submitted in classified form, and ations. combat aircraft. shall include an unclassified summary.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4114 CONGRESSIONAL RECORD — SENATE June 19, 2018 SEC. 1042. ANNUAL REPORTS BY THE ARMED (4) Simplify reporting requirements applicable (4) An analysis of aviation squadron size and FORCES ON OUT-YEAR UNCON- to commanding officers. composition, including— STRAINED TOTAL MUNITIONS RE- (c) REPORT.— (A) individual unit-level aircraft allocation; QUIREMENTS AND OUT-YEAR INVEN- (1) IN GENERAL.—Not later than 180 days after (B) aviation platform-specific force structure; TORY NUMBERS. the date of the enactment of this Act, the Sec- and (a) REPORTS REQUIRED.—Chapter 9 of title 10, retary shall submit to the congressional defense (C) quantity of squadrons within each avia- United States Code, is amended by inserting committees a report on the results of the review tion platform. after section 222a the following new section: required by subsection (a). The report shall in- (5) An analysis of aviation squadron manning ‘‘§ 222b. Armed forces: Out-Year Uncon- clude the following: documents on appropriate levels and composi- strained Total Munitions Requirements; (A) The results of the review, including any tion of military pilots, non-pilot aviators, and Out-Year inventory numbers findings of the Secretary as a result of the re- non-aircrew for each squadron in support of the ‘‘(a) ANNUAL REPORTS.—At the same time view. most current National Defense Strategy, includ- each year that the budget for the fiscal year be- (B) Any organizational changes in oper- ing a consideration of— ginning in such year is submitted to Congress ational or administrative chains-of-command or (A) appropriate levels and composition of mili- pursuant to section 1105(a) of title 31, the chief functions of the Department undertaken or to be tary pilots, non-pilot aviators, and non-aircrew of staff of each armed force (other than the undertaken by the Secretary in light of the re- for each squadron in support of such National Coast Guard) shall submit to the congressional view. Defense Strategy; defense committees a report setting forth for (C) Any recommendations for legislative or ad- (B) flight-related workload compared with such armed force each of the following for such ministration action with respect to the oper- non-flight related workload for military pilots fiscal year, broken out as specified in subsection ational or administrative chains-of-command or and non-pilot aviators; (C) the number of different aircraft platforms (b): functions of the Department as the Secretary ‘‘(1) The Out-Year Unconstrained Total Mu- considers appropriate in light of the review. to which enlisted maintenance personnel are ex- nitions Requirement. (2) FORM.—The report under this subsection pected to be assigned throughout a typical ca- ‘‘(2) The Out-Year inventory numbers. shall be submitted in unclassified form, but may reer; and ‘‘(b) PRESENTATION.—The Out-Year Uncon- include a classified annex. (D) career training milestones for enlisted strained Total Munitions Requirement and Out- SEC. 1044. MILITARY AVIATION READINESS RE- maintenance personnel, and the effects of such Year inventory numbers for an armed force for VIEW IN SUPPORT OF THE NATIONAL milestones on military aviation readiness. (6) An analysis of logistics programs in sup- a fiscal year pursuant to subsection (a) shall in- DEFENSE STRATEGY. port of military aviation readiness, including— clude specific inventory objective requirements (a) REPORT REQUIRED.—Not later than one (A) an evaluation of any shortfalls in logistics for each variant of munitions with respect to year after the date of the enactment of this Act, programs that serve as contributing factors to each of the following: the Secretary of Defense shall submit to the both military pilot retention and overall readi- ‘‘(1) Combat Requirement, broken out by oper- Committees on Armed Services of the Senate and the House of Representatives a report on mili- ness of military aviation units; ation plan (OPLAN). (B) an analysis of aircraft parts cannibaliza- ‘‘(2) Current Operation/Forward Presence Re- tary aviation readiness in support of the Na- tional Defense Strategy (NDS). tion rates; quirement. (C) a determination of average mission capa- ‘‘(3) Strategic Readiness Requirement. (b) REVIEW FOR REPORT PURPOSES.— ble ratings for aircraft throughout the various ‘‘(4) Homeland Defense. (1) IN GENERAL.—The report under subsection ‘‘(5) Training and Testing Requirement. (a) shall be based on a review conducted for stages of the deployment cycle; ‘‘(6) Total Out-Year Unconstrained Total Mu- purposes of the report in accordance with this (D) an analysis of rates of reassignment of nitions Requirement, calculated in accordance section. aircraft from non-deploying units to deploying with the implementation guidance described in (2) PANEL.—The review shall be conducted by units; and (E) an identification of individual aircraft subsection (c). a panel consisting of the following: ‘‘(7) Out-year worldwide inventory. (A) The Commander of the Air Combat Com- communities, if any, with strained supply ‘‘(c) IMPLEMENTATION GUIDANCE USED.—In mand, who shall head the panel. chains with single-source suppliers. submitting information pursuant to subsection (B) The Commander of the Army Aviation SEC. 1045. REPORT ON CAPABILITIES AND CAPAC- (a) for a fiscal year, the chief of staff of each Branch. ITIES OF ARMORED BRIGADE COM- BAT TEAMS. armed force shall describe and explain the muni- (C) The Chief of Naval Air Forces. (D) The Deputy Commandant of the Marine (a) IN GENERAL.—Not later than 60 days after tions requirements process implementation guid- Corps for Aviation. the date of the enactment of this Act, the Sec- ance developed by the Under Secretary of De- (E) Such other personnel of the Department of retary of the Army shall submit to the congres- fense for Acquisition and Sustainment and used Defense as the Secretary considers appropriate. sional defense committees a report on the capa- by such armed force for the munitions require- (c) REVIEW ELEMENTS.—The review required bilities and capacities of Armored Brigade Com- ments process for such armed force for that fis- by subsection (b) shall address the following: bat Teams (ABCTs). cal year. (1) An analysis of the career progression of (b) ELEMENTS.—The report required under ‘‘(d) DEFINITIONS.—In this section: military pilots and non-pilot aviators, including subsection (a) shall include the following: ‘‘(1) The term ‘chief of staff’, with respect to a comparison between military pilot and non- (1) A description of the total number of Ar- the Marine Corps, means the Commandant of pilot aviators, on the one hand, and other mili- mored Brigade Combat Teams required to sup- the Marine Corps. tary specialities, on the other hand, with respect port the National Defense Strategy (NDS). ‘‘(2) The term ‘Out-Year Unconstrained Total to each of the following: (2) A description of the manner in which the Munitions Requirement’ has the meaning given (A) Tours of duty. Army plans to equip and field future Armored that term in and for purposes of Department of (B) Assignment lengths. Brigade Combat Teams. Defense Instruction 3000.04, or any successor in- (C) Minimum service commitments. (3) A description of the total number of struction.’’. (D) Professional performance evaluation sys- mechanized infantry companies required in sup- (b) CLERICAL AMENDMENT.—The table of sec- tems. port of the Armored Brigade Combat Teams. tions at the beginning of chapter 9 of such title (E) Statutory and administrative promotion (4) A description of steps being taken to im- is amended by inserting after the item relating processes. prove the number and quality of live-fire gun- to section 222a the following new item: (2) An analysis of aircrew aviation training nery exercises executed each year, including im- ‘‘222b. Armed forces: Out-Year Unconstrained for various aircraft platforms, including— proving execution of battalion and brigade-level Total Munitions Requirements; (A) an historical analysis, covering the past 15 combined arms live-fire exercises both at home Out-Year inventory numbers.’’. years, of first and second assignment total flight station and at the Combat Training Centers. SEC. 1043. COMPREHENSIVE REVIEW OF OPER- hours and model-specific flight hours for mili- (5) A description of training being conducted ATIONAL AND ADMINISTRATIVE tary pilots and non-pilot aviators; and to train Armored Brigade Combat Teams in com- CHAINS-OF-COMMAND AND FUNC- (B) an analysis of the flight hour program in bined arms for air defense and to counter un- TIONS OF THE DEPARTMENT OF THE order to determine the appropriate level of re- manned aerial vehicles with organic weapons NAVY. quired monthly flight hours and sorties to main- and tactics. (a) IN GENERAL.—The Secretary of the Navy tain currency (minimum safe level) and pro- (6) A plan to improve personnel preparedness shall conduct a comprehensive review of the ficiency (minimum level to be tactically com- by the reduction of non-deployable soldiers and operational and administrative chains-of-com- petent). improvements in combat vehicle crew stability mand and functions of the Department of the (3) An analysis of the effect of recent oper- and material readiness of key combat systems. Navy. ational deployments on the ability of military (7) A description of deficiencies in repair parts (b) ELEMENTS.—In conducting the review re- pilots and non-pilot aviators to build and main- and number of qualified mechanics, and a plan quired by subsection (a), the Secretary shall tain readiness for potential threats from a near- to correct such deficiencies. consider options to do each of the following: peer adversary, including— (8) A plan for the modernization of the Ar- (1) Increase visibility of unit-level readiness at (A) a comparison of rates of simulator usage mored Brigade Combat Teams. senior levels. for military pilots and non-pilot aviators within SEC. 1046. IMPROVEMENT OF ANNUAL REPORT (2) Reduce so-called ‘‘double-hatting’’ and and not within the pre-deployment training ON CIVILIAN CASUALTIES IN CON- ‘‘triple-hatting’’ commanders. window; and NECTION WITH UNITED STATES (3) Clarify organizations responsible and ac- (B) an assessment of the suitability of training MILITARY OPERATIONS. countable for training and certification at the curriculum to address high-end combat oper- (a) MODIFICATION AND EXPANSION OF ELE- unit, group, and fleet level. ations against a near-peer adversary. MENTS.—Subsection (b) of section 1057 of the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4115 National Defense Authorization Act for Fiscal ‘‘§ 480a. Reports to Congress: termination of (1) by striking paragraph (2); Year 2018 (Public Law 115–91) is amended— indefinite-duration reports after three years (2) by striking ‘‘(d) FORMAL REVIEW PROCESS (1) in paragraph (1), by inserting ‘‘, including ‘‘(a) IN GENERAL.—Any provision of law en- FOR BANDWIDTH REQUIREMENTS .—’’ and all each specific mission, strike, engagement, raid, acted on or after the date of enactment of this that follows through ‘‘(1) IN GENERAL.—The Sec- or incident,’’ after ‘‘military operations’’; section that includes an indefinite-duration re- retary’’ and inserting the following: (2) in paragraph (2)(E), by inserting before the port requirement shall cease to be effective, with ‘‘(d) FORMAL REVIEW PROCESS FOR BAND- period at the end the following: ‘‘, including a respect to that requirement, three years after the WIDTH REQUIREMENTS.—The Secretary’’; and differentiation between those killed and those date of the enactment of that provision of law (3) by redesignating subparagraphs (A) and injured’’; unless that provision of law expressly states (B) as paragraphs (1) and (2), respectively, and (3) in paragraph (3), by inserting before the that this section is inapplicable to that require- indenting appropriately. (e) NATIONAL DEFENSE AUTHORIZATION ACT period at the end the following: ‘‘, and, when ment or that provision of law. FOR FISCAL YEAR 2011.—Section 1217 of the Ike appropriate, makes ex gratia payments to the ‘‘(b) INDEFINITE-DURATION REPORT REQUIRE- Skelton National Defense Authorization Act for victims or their families’’; MENT DEFINED.—In this section, the term ‘in- Fiscal Year 2011 (22 U.S.C. 7513 note), relating (4) by redesignating paragraph (5) as para- definite-duration requirement’ means a require- to authority to establish a program to develop graph (6); and ment in any provision of law for the Secretary and carry out infrastructure projects in Afghan- (5) by inserting after paragraph (4) the fol- of Defense (or any other officer or employee of istan, is amended— lowing new paragraph (5): the Department of Defense) to submit to Con- (1) by striking subsection (i); and ‘‘(5) Any update or modification to any report gress (or any committee of Congress) a periodic (2) by redesignating subsection (j) as sub- under this section during a previous year.’’. report for which the law does not— section (i). (b) SCOPE OF UNCLASSIFIED FORM OF RE- ‘‘(1) state a specific period of time as the pe- (f) NATIONAL DEFENSE AUTHORIZATION ACT PORT.—Subsection (d) of such section is amend- riod during which that report is required to be FOR FISCAL YEAR 2015.—Section 1026 of the Carl ed by adding at the end the following new sen- submitted or that provision of law is in effect; or Levin and Howard P. ‘‘Buck’’ McKeon National tence: ‘‘The unclassified form of each report ‘‘(2) state a specific termination date for the Defense Authorization Act for Fiscal Year 2015 shall, at a minimum, be responsive to each ele- requirement to submit the report or for that pro- (Public Law 113–291; 127 Stat. 3490), relating to ment under subsection (b) of a report under sub- vision of law. availability of funds for retirement of inactiva- section (a), and shall be made available to the ‘‘(c) PERIODIC REPORT DEFINED.—In this sec- tion of Ticonderoga class cruisers or dock land- public at the same time it is submitted to Con- tion, the term ‘periodic report’ means a report ing ships, is amended— gress (unless the Secretary certifies in writing required to be submitted on an annual, semi- (1) by striking subsection (d); and that the publication of such information poses a annual, or other regular periodic basis.’’. (2) by redesignating subsection (e) as sub- threat to the national security interests of the (b) CLERICAL AMENDMENT.—The table of sec- section (d). United States).’’. tions at the beginning of chapter 23 of such title (g) CONFORMING AMENDMENTS.—Section 1061 SEC. 1047. REPORT ON DEPARTMENT OF DE- is amended by inserting after the item relating of the National Defense Authorization Act for FENSE PARTICIPATION IN EXPORT to section 480 the following new item: Fiscal Year 2017 (10 U.S.C. 111 note) is amend- ADMINISTRATION REGULATIONS LI- ‘‘480a. Reports to Congress: termination of in- ed— CENSE APPLICATION REVIEW PROC- definite-duration reports after (1) in subsection (c), by striking paragraphs ESS. three years.’’. (14), (16), (41), and (59); (a) IN GENERAL.—Not later than 180 days (2) in subsection (d), by striking paragraph after the enactment of this Act, and every 180 SEC. 1049. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING REQUIRE- (3); days thereafter until the date that is three years MENTS THAT OTHERWISE TERMI- (3) in subsection (g), by striking paragraph after such date of enactment, the Under Sec- NATE AS OF DECEMBER 31, 2021. (3); and retary of Defense for Policy shall submit to the (a) TITLE 10, UNITED STATES CODE.—Title 10, (4) in subsection (i), by striking paragraphs congressional defense committees a report on the United States Code, is amended as follows: (15), (18), and (24). participation by the Department of Defense in (1)(A) Section 229, relating to the display of SEC. 1050. REPORT ON POTENTIAL IMPROVE- the process for reviewing applications for export budget information for programs for combating MENTS TO CERTAIN MILITARY EDU- licenses under the Export Administration Regu- terrorism, is repealed. CATIONAL INSTITUTIONS OF THE lations as a reviewing agency under Executive (B) The table of sections at the beginning of DEPARTMENT OF DEFENSE. Order 12981 (50 U.S.C. 4603 note; relating to ad- chapter 9 is amended by striking the item relat- (a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than December 1, ministration of export controls). ing to section 229. 2019, the Secretary of Defense shall submit to (b) ELEMENTS.—The report required by sub- (2)(A) Section 231a, relating to budgeting for the Committees on Armed Services of the Senate section (a) shall include the following: life-cycle costs of aircraft for the Navy, Army, and the House of Representatives a report set- (1) The number of applications for export li- and Air Force, is repealed. ting forth the results of a review and assess- censes under the Export Administration Regula- (B) The table of sections at the beginning of ment, obtained by the Secretary for purposes of tions reviewed by the Department of Defense in chapter 9 is amended by striking the item relat- the report, of the potential effects on the mili- the 180-day period preceding the submission of ing to section 231a. tary education provided by the educational in- the report. (3) Section 2276, relating to commercial space stitutions of the Department of Defense specified (2) The number of instances during that 180- launch cooperation, is amended— in subsection (b) of the actions described in sub- day period in which the Department disagreed (A) by striking subsection (e); and section (c). with a final determination made with respect to (B) by redesignating subsections (f) and (g) as (2) CONDUCTING ORGANIZATION.—The review such an application under the review proce- subsections (e) and (f), respectively. and assessment required for purposes of the re- dures set forth in Executive Order 12981. (4) Section 7310, relating to report on repair of port shall be performed by an organization se- (3) A summary of such instances, including— certain vessels in foreign shipyards, is amended lected by the Secretary from among organiza- (A) a summary of the applicants for such li- by striking subsection (c). tions independent of the Department that have censes and the recipients of items pursuant to (b) NATIONAL DEFENSE AUTHORIZATION ACT expertise in the analysis of matters in connec- such licenses in such instances; FOR FISCAL YEAR 2007.—Section 1017 of the John tion with higher education. (B) a description of sensitive technologies in- Warner National Defense Authorization Act for (b) EDUCATIONAL INSTITUTIONS OF THE DE- volved in such instances; and Fiscal Year 2007 (Public Law 109–364; 120 Stat. PARTMENT OF DEFENSE.—The educational insti- (C) a description of the rationale of the De- 2379), relating to obtaining carriage by vessel, is tutions of the Department of Defense specified partment for disagreeing with such determina- amended— in this subsection are the following: tions. (1) by striking subsection (e); and (1) The senior level service schools and inter- (4) The number of such applications under re- (2) by redesignating subsection (f) as sub- mediate level service schools (as such terms are view by the Department or undergoing inter- section (e). defined in section 2151(b) of title 10, United agency dispute resolution as of the date of the (c) NATIONAL DEFENSE AUTHORIZATION ACT States Code). submission of the report. FOR FISCAL YEAR 2008.—Section 1034(d) of the (2) The Air Force Institute of Technology. (c) FORM.—The report required by subsection National Defense Authorization Act for Fiscal (3) The National Defense University. (a) shall be submitted in unclassified form but Year 2008 (10 U.S.C. 272 note), relating to dis- (4) The Joint Special Operations University. may include a classified annex. tribution of chemical and biological agents to (5) The Army Armament Graduate School. (d) EXPORT ADMINISTRATION REGULATIONS non-Federal entities, is amended— (6) Any other military educational institution DEFINED.—In this section, the term ‘‘Export Ad- (1) by striking subsection (d); and of the Department specified by the Secretary for ministration Regulations’’ means subchapter C (2) by redesignating subsection (e) as sub- purposes of this section. of chapter VII of title 15, Code of Federal Regu- section (d). (c) ACTIONS.—The actions described in this lations. (d) NATIONAL DEFENSE AUTHORIZATION ACT subsection with respect to the educational insti- SEC. 1048. AUTOMATIC SUNSET FOR FUTURE FOR FISCAL YEAR 2009.—Section 1047(d) of the tutions of the Department of Defense specified STATUTORY REPORTING REQUIRE- Duncan Hunter National Defense Authorization in subsection (b) are the following: MENTS. Act for Fiscal Year 2009 (10 U.S.C. 2366b note), (1) Modification of admission and graduation (a) IN GENERAL.—Chapter 23 of title 10, relating to reports on bandwidth requirements requirements. United States Code, is amended by inserting for major defense acquisition programs, is (2) Reduction or expansion of degree-granting after section 480 the following new section: amended— authority.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4116 CONGRESSIONAL RECORD — SENATE June 19, 2018 (3) Reduction or expansion of the acceptance (1) by inserting before ‘‘The Secretary’’ the United States Agency for International Develop- of research grants. following: ‘‘(a) DATABASE REQUIRED.—’’; ment— (4) Reduction of the number of attending stu- (2) in subsection (a), as designated by para- (A) accept from any covered non-Federal enti- dents generally. graph (1)— ty humanitarian, economic, and other nonlethal (5) Reduction of the number of attending stu- (A) in paragraph (1)— assistance funded by private funds in the car- dents through the sponsoring of education of an (i) by striking ‘‘each States’s National Guard, rying out of the purposes of such entity; and increased number of students at non-Depart- as reported by the States’’ and inserting ‘‘the (B) respond to requests from covered non-Fed- ment of Defense education institutions of higher National Guard of each State and Territory, as eral entities for the identification of the needs of education. reported by the States and Territories’’; and local populations abroad for assistance, and co- (6) Increase in the frequency of curriculum (ii) by inserting ‘‘and Territories’’ after ‘‘their ordinate with such entitites in the provision and changes to account for emerging subject matters home States’’; and distribution of such assistance, in the carrying of importance to national defense. (B) by adding at the end the following new out of such purposes. (7) Modification of civilian faculty manage- paragraphs: (2) DISTRIBUTION OF ASSISTANCE TO LOCAL ment practices, including employment practices. ‘‘(3) Cyber capabilities of the National Guard POPULATIONS.—In accordance with guidance (d) ADDITIONAL ELEMENTS.—In addition to identified by the Department as critical for re- issued by the Secretary of Defense, and devel- the matters described in subsection (a), the re- sponse to domestic natural or manmade disas- oped in coordination with the Secretary of State view and report under this section shall also in- ters. and the Administrator of the United States clude the following: ‘‘(4) Cyber capabilities of the other reserve Agency for International Development, members (1) A comparison of admission standards and components of the Armed Forces identified by of the Armed Forces abroad may provide to local graduation requirements of the educational in- the Department as critical for response to do- populations abroad humanitarian, economic, stitutions of the Department of Defense specified mestic natural or manmade disasters.’’; and and other nonlethal assistance provided to the in subsection (b) with admission standards and (3) by adding at the end the following new Department by a covered non-Federal entity graduation requirements of public and private subsection: pursuant to this subsection. institutions of higher education that are com- ‘‘(b) INFORMATION REQUIRED TO KEEP DATA- (3) SCOPE OF GUIDANCE.—The guidance issued parable to the educational institutions of the BASE CURRENT.—In maintaining the database pursuant to this subsection shall ensure that Department of Defense. required by subsection (a), the Secretary shall any assistance distributed pursuant to this sub- (2) A comparison of the goals and missions of identify and revise the information required to section shall be for purposes of supporting the the educational institutions of the Department be included in the database at least once every mission or missions of the Department and the of Defense specified in subsection (b) with the two years for purposes of keeping the database Armed Forces for which such assistance is pro- goals and missions of such public and private current.’’. vided by a covered non-Federal entity. institutions of higher education. (b) ESTABLISHMENT OF DATABASE.— (4) DOD SUPPORT FOR ENTITY ACTIVITIES.—In (3) Any other matters the Secretary considers (1) DEADLINE FOR ESTABLISHMENT.—The Sec- accordance with guidance issued by the Sec- appropriate for purposes of this section. retary of Defense shall establish the database retary of Defense, the Department, and the SEC. 1051. RECRUITING COSTS OF THE ARMED required by section 1406 of the John Warner Na- Armed Forces may— FORCES. tional Defense Authorization Act for Fiscal (A) provide transportation, lodging, storage, (a) BRIEFING REQUIRED.—Not later than one Year 2007, as amended by subsection (a), by not and other logistical support— year after the date of the enactment of this Act, later than one year after the date of the enact- (i) to personnel of a covered non-Federal enti- the Secretary of Defense shall brief the Commit- ment of this Act. ty (whether in the United States or abroad) who are carrying out the purposes of such entity; tees on Armed Services of the Senate and the (2) USE OF EXISTING DATABASE OR SYSTEM FOR and House of Representatives on the results of a CERTAIN CAPABILITIES.—The Secretary may meet (ii) in connection with the acceptance and dis- study, conducted by the Secretary for purposes the requirement with respect to the capabilities tribution of assistance provided by a covered of the briefing, on the costs of the Armed Forces described in subsection (a)(1) of section 1406 of non-Federal entity; and in recruiting for members of the Armed Forces. the John Warner National Defense Authoriza- (B) use assets of the Department and the (b) ELEMENTS.—The briefing required by sub- tion Act for Fiscal Year 2007, as so amended, in Armed Forces in the provision of support de- section (a) shall include the following: connection with the database required by that (1) A description of the recruiting costs of scribed in subparagraph (A). section through use or modification of a current each Armed Force in each of fiscal years 2010 (d) COVERED NON-FEDERAL ENTITY DE- database or tracking system of the Department through 2019. FINED.—In this section, the term ‘‘covered non- of Defense if the Secretary determines that such (2) An estimate of the recruiting costs of each Federal entity’’ means the following: action will— Armed Force in each of fiscal years 2020 through (1) Spirit of America, a privately-funded, non- (A) expedite compliance with the requirement; 2024. partisan, nonprofit organization described in (3) A description of the factors that contrib- and section 501(c)(3) of the Internal Revenue Code of uted significantly to the recruiting costs of the (B) achieve such compliance at a cost not 1986 that is exempt from taxation under section Armed Forces during fiscal years 2010 through greater than the cost of establishing anew the 501(a) of such Code. 2019. database otherwise covered by the requirement. (2) Any other organization that— (4) Any other matters in connection with the SEC. 1063. ACCEPTANCE AND DISTRIBUTION BY (A) is based in the United States; recruiting costs of the Armed Forces that the DEPARTMENT OF DEFENSE OF AS- (B) has an independent board of directors and Secretary considers appropriate. SISTANCE FROM CERTAIN NON- is subject to independent financial audits; PROFIT ENTITIES IN SUPPORT OF (C) is substantially privately-funded; Subtitle F—Other Matters MISSIONS OF DEPLOYED UNITED (D) is described in section 501(c)(3) of the In- SEC. 1061. AUTHORITY TO TRANSFER FUNDS FOR STATES PERSONNEL AROUND THE ternal Revenue Code of 1986 and is exempt from WORLD. BIEN HOA DIOXIN CLEANUP. taxation under section 501(a) of such Code; and (a) TRANSFER AUTHORITY.—Notwithstanding (a) FINDING.—The Senate finds that Spirit of (E) provides international assistance. America, a privately-funded, nonpartisan, non- section 2215 of title 10, United States Code, the SEC. 1064. UNITED STATES POLICY WITH RE- Secretary of Defense may transfer to the Sec- profit organization, acting in partnership with SPECT TO FREEDOM OF NAVIGATION retary of State, for use by the United States the Department of Defense, has made an impor- AND OVERFLIGHT. Agency for International Development, amounts tant contribution in supporting the missions of (a) DECLARATION OF POLICY.—It is the policy to be used for the Bien Hoa dioxin cleanup in deployed United States personnel around the of the United States to fly, sail, and operate Vietnam. world. throughout the oceans, seas, and airspace of the (b) LIMITATION ON AMOUNTS.—Not more than (b) SENSE OF SENATE.—It is the sense of the world wherever international law allows. $15,000,000 may be transferred in each of fiscal Senate that United States military commanders (b) IMPLEMENTATION OF POLICY.—In further- years 2019 through 2027 under the authority in should, consistent with applicable laws, regula- ance of the policy set forth in subsection (a), the subsection (a). tions, and guidance developed consistent with Secretary of Defense should— (c) SOURCE OF FUNDS.—The Secretary of De- section 1088 of the National Defense Authoriza- (1) plan and execute a robust series of routine fense may transfer funds appropriated to the tion Act for Fiscal Year 2018 (Public Law 115– and regular air and naval presence missions Department of Defense for ‘‘Operation and 91), collaborate with and provide transportation throughout the world and throughout the year, Maintenance, Defense-wide’’ under the author- and other logistical support to covered non-Fed- including for critical transportation corridors ity in subsection (a) . eral entities, including Spirit of America, to ad- and key routes for global commerce; (d) ADDITIONAL TRANSFER AUTHORITY.—The vance the military missions of the Armed Forces. (2) in addition to the missions executed pursu- transfer authority provided under subsection (a) (c) DISTRIBUTION OF COVERED NON-FEDERAL ant to paragraph (1), execute routine and reg- is in addition to any other transfer authority ENTITY ASSISTANCE ABROAD THROUGH DEPART- ular air and maritime freedom of navigation op- available to the Department of Defense. MENT OF DEFENSE.— erations throughout the year, in accordance SEC. 1062. IMPROVEMENT OF DATABASE ON (1) ACCEPTANCE AND COORDINATION OF ASSIST- with international law, including the use of ex- EMERGENCY RESPONSE CAPABILI- ANCE.—The Department of Defense (including panded military options and maneuvers beyond TIES. members of the Armed Forces) may, at the dis- innocent passage; and (a) IN GENERAL.—Section 1406 of the John cretion of the Secretary of Defense and in ac- (3) to the maximum extent practicable, execute Warner National Defense Authorization Act for cordance with guidance issued by the Secretary the missions pursuant to paragraphs (1) and (2) Fiscal Year 2007 (Public Law 109–364; 120 Stat. and developed in coordination with the Sec- with regional partner countries and allies of the 2436; 10 U.S.C. 113 note) is amended— retary of State and the Administrator of the United States.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4117 SEC. 1065. PROHIBITION OF FUNDS FOR CHINESE executive qualifications by a qualification re- ignated pursuant to section 1105(a) of the Na- LANGUAGE INSTRUCTION PROVIDED view board of the Office of Personnel Manage- tional Defense Authorization Act for Fiscal BY A CONFUCIUS INSTITUTE. ment in connection with such appointment oth- Year 2010 (10 U.S.C. 2358 note). (a) PROHIBITION.—None of the funds author- erwise required by that section. (2) A facility of the Major Range and Test Fa- ized to be appropriated by this Act or otherwise (b) QUALIFICATIONS OF INDIVIDUALS AP- cilities Base of the Department. made available for fiscal year 2019 under this POINTED.—The Secretary shall ensure that indi- (c) RECENT GRADUATES.—For purposes of this Act may be obligated or expended for Chinese viduals appointed under this section possess the section, a person is a recent graduate of a cov- language instruction provided by a Confucius necessary qualifications and experience for the ered educational institution if— Institute. position to which appointed. (1) the person was awarded a degree by the (b) LIMITATION.—None of the funds author- (c) LIMITATION.—The total number of appoint- institution not more than two years before the ized to be appropriated by this Act or otherwise ments made under this section in any year may date of the appointment of the person pursuant made available for fiscal year 2019 under this not exceed 50 appointments. to this section; or Act may be obligated or expended to support a (d) REPORTS.— (2) in the case of any person who has com- Chinese language program at an institution of (1) INITIAL REPORT.—Not later than one year pleted a period of obligated service in a uni- higher education that hosts a Confucius Insti- after the date of the enactment of this Act, the formed service of more than four years as of the tute. Secretary shall submit to the committees of Con- date the appointment of the person pursuant to (c) WAIVER.—The Under Secretary of Defense gress and official specified in paragraph (3) a this section, the person was awarded a degree for Personnel and Readiness may waive the lim- report on the number and type of appointments by the institution not more than four years be- itation in subsection (b) with respect to a Chi- made under this section as of the date of the re- fore such date of appointment. nese language program at a specific institution port, including— (d) COVERED POSITIONS.—The positions to of higher education if the Under Secretary of (A) a description of the qualifications of the which persons may be appointed pursuant to Defense for Personnel and Readiness— individuals appointed; and this section at a facility specified in subsection (1) certifies to the congressional defense com- (B) data on the time required to appoint the (b) are scientific and engineering positions at mittees that— individuals. the facility. (A) Confucius Institute employees and in- (2) FINAL REPORT.—Not later than two years (e) DURATION OF APPOINTMENT.—Any ap- structors will have no affiliation with the pro- after the date of the enactment of this Act, the pointment pursuant to this section may be made gram; Secretary shall submit to the committees of Con- on a temporary, term, or permanent basis, at the (B) Confucius Institute employees and in- gress and official specified in paragraph (3) a election of the director of the facility making structors will provide no instruction or support report on the use of the authority in this sec- such appointment. to the program; tion. The report shall include the following: (f) COVERED EDUCATIONAL INSTITUTION DE- (C) Confucius Institute employees and in- (A) The number and type of appointments FINED.—In this section, the term ‘‘covered edu- structors will have no authority or influence made under this section during the one-year pe- cational institution’’ has the meaning given with regard to the curriculum and activities of riod ending on the date of the report. that term in section 2362(e) of title 10, United the program; and (B) Data on and an assessment whether ap- States Code. (D) the institution has made publicly avail- pointments under the authority in this section (g) SUNSET.— able all memoranda of understanding, contracts, reduced the time to hire when compared with (1) IN GENERAL.—The authority to make ap- and other agreements between the institution the time to hire under the current review system pointments under this section shall expire on and the Confucius Institute, or between the in- of the Office of Personnel Management. the date that is five years after the date of the stitution and any agency of or organization af- (C) An assessment of the utility of the ap- enactment of this Act. filiated with the government of the People’s Re- pointment authority and process under this sec- (2) CONSTRUCTION.—Nothing in paragraph (1) public of China; or tion. shall be construed to terminate an appointment (2) certifies to the congressional defense com- (D) An assessment whether the appointments made under this section before the expiration mittees that— made under this section resulted in higher qual- date provided in that paragraph in accordance (A) the requirements described in subpara- ity new executives for the Senior Executive Serv- with the terms of such appointment. graphs (A) through (C) of paragraph (1) have ice of the Department when compared with the been met; and executives produced under the current review SEC. 1103. INCLUSION OF STRATEGIC CAPABILI- TIES OFFICE AND DEFENSE INNOVA- (B) the waiver of the limitation in subsection system of the Office of Personnel Management. TION UNIT EXPERIMENTAL OF THE (b) is necessary for national security, and there (E) Any recommendation for the improvement DEPARTMENT OF DEFENSE IN PER- is no reasonable alternative to issuing the waiv- of the selection and qualification process for the SONNEL MANAGEMENT AUTHORITY er. Senior Executive Service of the Department that TO ATTRACT EXPERTS IN SCIENCE (d) DEFINITIONS.— the Secretary considers necessary in order to at- AND ENGINEERING. (1) CHINESE LANGUAGE PROGRAM.—The term tract and hire highly qualified candidates for (a) IN GENERAL.—Subsection (a) of section ‘‘Chinese language program’’ means any De- service in that Senior Executive Service. 1599h of title 10, United States Code, is amended partment of Defense program designed to pro- (3) COMMITTEES OF CONGRESS AND OFFICIAL.— by adding at the end the following new para- vide or support Chinese language instruction, The committees of Congress and official speci- graphs: including the National Security Education Pro- fied in this paragraph are— ‘‘(4) STRATEGIC CAPABILITIES OFFICE.—The Di- gram, the Language Flagship program, Project (A) the Committee on Armed Services and the rector of the Strategic Capabilities Office may Global Officer, and the Language Training Cen- Committee on Homeland Security and Govern- carry out a program of personnel management ters program. mental Affairs of the Senate; authority provided in subsection (b) in order to (2) CONFUCIUS INSTITUTE.—The term ‘‘Confu- (B) the Committee on Armed Services and the facilitate recruitment of eminent experts in cius Institute’’ means a Confucius Institute that Committee on Oversight and Government Re- science or engineering for the Office. is operated by the Office of Chinese Languages form of the House of Representatives; and ‘‘(5) DIUx.—The Director of the Defense Inno- Council International, also known as Hanban, (C) the Director of the Office of Personnel vation Unit Experimental may carry out a pro- which is affiliated with the Ministry of Edu- Management. gram of personnel management authority pro- cation of the People’s Republic of China. (e) SUNSET.—Subsection (a) shall cease to be vided in subsection (b) in order to facilitate re- (3) INSTITUTION OF HIGHER EDUCATION.—The effective on the date that is two years after the cruitment of eminent experts in science or engi- term ‘‘institution of higher education’’ has the date of the enactment of this Act. neering for the Unit.’’. meaning given the term in section 101 of the SEC. 1102. DIRECT HIRE AUTHORITY FOR (b) SCOPE OF APPOINTMENT AUTHORITY.—Sub- Higher Education Act of 1965 (20 U.S.C. 1001 et SCIENCE AND TECHNOLOGY RE- section (b)(1) of such section is amended— seq.). INVENTION LABORATORIES AND (1) in subparagraph (B), by striking ‘‘and’’ at MAJOR RANGE AND TEST FACILITIES the end; and TITLE XI—CIVILIAN PERSONNEL MATTERS BASE FACILITIES FOR RECENT (2) by adding at the end the following new Subtitle A—Department of Defense Matters SCIENCE, TECHNOLOGY, ENGINEER- ING, AND MATHEMATICS GRAD- subparagraphs: SEC. 1101. INAPPLICABILITY OF CERTIFICATION UATES OF MINORITY-SERVING INSTI- ‘‘(D) in the case of the Strategic Capabilities OF EXECUTIVE QUALIFICATIONS BY TUTIONS. Office, appoint scientists and engineers to a QUALIFICATION REVIEW BOARDS OF total of not more than 5 scientific and engineer- OFFICE OF PERSONNEL MANAGE- (a) AUTHORITY TO MAKE DIRECT APPOINT- MENT FOR INITIAL APPOINTMENTS MENTS.—The director of any facility specified in ing positions in the Office; and TO SENIOR EXECUTIVE SERVICE PO- subsection (b) may appoint any qualified recent ‘‘(E) in the case of the Defense Innovation SITIONS IN DEPARTMENT OF DE- graduate of a covered educational institution Unit Experimental, appoint scientists and engi- FENSE. with a degree in science, technology, engineer- neers to a total of not more than 5 scientific and (a) TEMPORARY INAPPLICABILITY.—Notwith- ing, or mathematics to a position at such facility engineering positions in the Unit;’’. standing section 3393(c) of title 5, United States described in subsection (d) without regard to the (c) EXTENSION OF TERMS OF APPOINTMENT.— Code, or any regulations implementing that sec- provisions of subchapter I of chapter 33 of title Subsection (c)(2) of such section is amended by tion, and subject to the provisions of this sec- 5, United States Code. striking ‘‘or the Office of Operational Test and tion, the Secretary of Defense may appoint indi- (b) FACILITIES.—A facility specified in this Evaluation’’ and inserting ‘‘the Office of Oper- viduals for service in the Senior Executive Serv- subsection is any facility as follows: ational Test and Evaluation, the Strategic Ca- ice of the Department of Defense without such (1) A science and technology reinvention lab- pabilities Office, or the Defense Innovation Unit individuals being subject to the certification of oratory of the Department of Defense, as des- Experimental’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4118 CONGRESSIONAL RECORD — SENATE June 19, 2018 SEC. 1104. ENHANCEMENT OF FLEXIBLE MANAGE- of such title is amended by striking the item re- Director shall issue interim regulations, with an MENT AUTHORITIES FOR SCIENCE lating to section 7479 and inserting the following opportunity for comment, for the administration AND TECHNOLOGY REINVENTION new items: of this section. LABORATORIES OF THE DEPART- ‘‘(g) REPORTING.— MENT OF DEFENSE. ‘‘7479. Civil service mariners of Military Sealift ‘‘(1) IN GENERAL.—Not later than September 30 (a) ENHANCEMENT OF NONCOMPETITIVE CON- Command: release of drug and al- of each of the first 3 fiscal years beginning after VERSIONS OF APPOINTMENTS OF STUDENTS EN- cohol test results to Coast Guard. the date of enactment of this section, the head ROLLED IN SCIENTIFIC AND ENGINEERING PRO- ‘‘7479a. Civil service mariners of Military Sealift of an agency that makes an appointment under GRAMS.—Section 2358a(a)(4) of title 10, United Command: alcohol testing.’’. SEC. 1122. EXPEDITED HIRING AUTHORITY FOR this section shall submit a report to— States Code, is amended— ‘‘(A) Congress that assesses the impact of the (1) in the paragraph heading, by striking ‘‘TO COLLEGE GRADUATES AND POST use of the authority provided under this section PERMANENT APPOINTMENT’’ and inserting ‘‘OF SECONDARY STUDENTS. during the fiscal year in which the report is sub- APPOINTMENTS’’; and (a) IN GENERAL.—Subchapter I of chapter 31 (2) by striking ‘‘to a permanent appointment’’ of title 5, United States Code, is amended by mitted; and ‘‘(B) the Director that contains data that the and inserting ‘‘to another temporary appoint- adding at the end the following: Director considers necessary for the Director to ment or to a term or permanent appointment’’. ‘‘§ 3115. Expedited hiring authority for college assess the impact and effectiveness of the au- (b) ENHANCEMENT OF PILOT PROGRAM ON DY- graduates; competitive service thority described in subparagraph (A). NAMIC SHAPING OF WORKFORCE TECHNICAL EFINITIONS ‘‘(a) D .—In this section: ‘‘(2) CONTENT.—The head of an agency shall SKILLS AND EXPERTISE.—Section 1109(b)(1)(A) of ‘‘(1) DIRECTOR.—The term ‘Director’ means the National Defense Authorization Act for Fis- include in each report under paragraph (1)— the Director of the Office of Personnel Manage- ‘‘(A) the total number of individuals ap- cal Year 2016 (Public Law 114–92; 129 Stat. 1028; ment. pointed by the agency under this section, as 10 U.S.C. 2358 note) is amended by striking ‘‘to ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The well as the number of such individuals who appoint’’ and all that follows and inserting ‘‘to term ‘institution of higher education’ has the are— make appointments as follows: meaning given the term in section 101(a) of the ‘‘(i) minorities or members of other underrep- ‘‘(i) Appointment of qualified scientific and Higher Education Act of 1965 (20 U.S.C. technical personnel who are not current Depart- resented groups; or 1001(a)). ‘‘(ii) veterans; ment of Defense civilian employees into any sci- ‘‘(b) APPOINTMENT.— ‘‘(B) recruitment sources; entific or technical position in the laboratory for ‘‘(1) IN GENERAL.—The head of an agency may ‘‘(C) the total number of individuals ap- a period of more than one year but not more appoint, without regard to any provision of sec- pointed by the agency during the applicable fis- than six years. tions 3309 through 3319 and 3330, a qualified in- cal year to a position in the competitive service ‘‘(ii) Appointment of qualified scientific and dividual to a position in the competitive service classified in a professional or administrative oc- technical personnel who are Department civilian classified in a professional or administrative oc- cupational category at the GS–11 level, or an employees in term appointments into any sci- cupational category at the GS–11 level, or an equivalent level, or below; and entific or technical position in the laboratory for equivalent level, or below. ‘‘(D) any additional data specified by the Di- a period of more than one year but not more ‘‘(2) RESTRICTIONS.—An appointment under rector. than six years.’’. paragraph (1) shall be made in accordance with ‘‘(h) SPECIAL PROVISION REGARDING THE DE- SEC. 1105. INCLUSION OF OFFICE OF SECRETARY regulations prescribed by the Director. PARTMENT OF DEFENSE.— OF DEFENSE AMONG COMPONENTS ‘‘(c) QUALIFICATIONS FOR APPOINTMENT.—The ‘‘(1) AUTHORITY.—Nothing in this section OF THE DEPARTMENT OF DEFENSE head of an agency may make an appointment COVERED BY DIRECT HIRE AUTHOR- shall preclude the Secretary of Defense from ex- under subsection (b) only if the individual being ercising any authority to appoint a recent grad- ITY FOR FINANCIAL MANAGEMENT appointed— EXPERTS. uate under section 1106 of the National Defense ‘‘(1) has received a baccalaureate or graduate Section 1110(f) of the National Defense Au- Authorization Act for Fiscal Year 2017 (10 degree from an institution of higher education; thorization Act for Fiscal Year 2017 (10 U.S.C. U.S.C. note prec. 1580), or any applicable suc- ‘‘(2) applies for the position— cessor statute. 1580 note prec.) is amended— ‘‘(A) not later than 2 years after the date on (1) by redesignating paragraphs (1) through ‘‘(2) REGULATIONS.—Any regulations pre- which the individual being appointed received (9) as paragraphs (2) through (10), respectively; scribed by the Director for the administration of the degree described in paragraph (1); or and this section shall not apply to the Department of ‘‘(B) in the case of an individual who has (2) by inserting before paragraph (2) the fol- Defense during the period ending on the date on completed a period of not less than 4 years of lowing new paragraph (1): which the appointment authority of the Sec- obligated service in a uniformed service, not ‘‘(1) The Office of the Secretary of Defense.’’. retary of Defense under section 1106 of the Na- later than 2 years after the date of the discharge SEC. 1106. AUTHORITY TO EMPLOY CIVILIAN FAC- tional Defense Authorization Act for Fiscal or release of the individual from that service; ULTY MEMBERS AT THE JOINT SPE- Year 2017 (10 U.S.C. note prec. 1580), or any ap- and CIAL OPERATIONS UNIVERSITY. plicable successor statute, terminates. Section 1595(c) of title 10, United States Code, ‘‘(3) meets each minimum qualification stand- ‘‘§ 3116. Expedited hiring authority for post- is amended by adding at the end the following ard prescribed by the Director for the position to secondary students; competitive service new paragraph: which the individual is being appointed. ‘‘(5) The Joint Special Operations Univer- ‘‘(d) PUBLIC NOTICE AND ADVERTISING.— ‘‘(a) DEFINITIONS.—In this section: sity.’’. ‘‘(1) IN GENERAL.—The head of an agency ‘‘(1) DIRECTOR.—The term ‘Director’ means making an appointment under subsection (b) the Director of the Office of Personnel Manage- Subtitle B—Government-Wide Matters shall publicly advertise positions under this sec- ment. SEC. 1121. ALCOHOL TESTING OF CIVIL SERVICE tion. ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The MARINERS OF THE MILITARY SEA- ‘‘(2) REQUIREMENTS.—In carrying out para- term ‘institution of higher education’ has the LIFT COMMAND ASSIGNED TO VES- SELS. graph (1), the head of an agency shall— meaning given the term in section 101(a) of the (a) ALCOHOL TESTING.—Chapter 643 of title 10, ‘‘(A) adhere to merit system principles; Higher Education Act of 1965 (20 U.S.C. United States Code, is amended by inserting ‘‘(B) advertise positions in a manner that pro- 1001(a)). after section 7479 the following new section: vides for diverse and qualified applicants; and ‘‘(3) STUDENT.—The term ‘student’ means an ‘‘(C) ensure potential applicants have appro- individual enrolled or accepted for enrollment in ‘‘§ 7479a. Civil service mariners of Military priate information relevant to the positions an institution of higher education who is pur- Sealift Command: alcohol testing available. suing a baccalaureate or graduate degree on at ‘‘The Secretary of the Navy may prescribe reg- ‘‘(e) LIMITATION ON APPOINTMENTS.— least a part-time basis as determined by the in- ulations establishing a program to conduct on- ‘‘(1) IN GENERAL.—Except as provided in para- stitution of higher education. duty reasonable suspicion alcohol testing and graph (2), the total number of employees that ‘‘(b) APPOINTMENT.— post-accident alcohol testing of civil service the head of an agency may appoint under this ‘‘(1) IN GENERAL.—The head of an agency may mariners of the Military Sealift Command who section during a fiscal year may not exceed the make a time-limited appointment of a student, are assigned to vessels.’’. number equal to 15 percent of the number of in- without regard to any provision of sections 3309 (b) RELEASE OF ALCOHOL TEST RESULTS.— dividuals that the agency head appointed dur- through 3319 and 3330, to a position in the com- (1) IN GENERAL.—Section 7479 of such title is ing the previous fiscal year to a position in the petitive service at the GS–11 level, or an equiva- amended— competitive service classified in a professional or lent level, or below for which the student is (A) in the heading of subsection (a), by insert- administrative occupational category, at the qualified. ing ‘‘OR ALCOHOL’’ after ‘‘DRUG’’; and GS–11 level, or an equivalent level, or below, ‘‘(2) RESTRICTIONS.—An appointment under (B) by inserting ‘‘or alcohol’’ after ‘‘drug’’ under a competitive examining procedure. paragraph (1) shall be made in accordance with each place it appears. ‘‘(2) EXCEPTIONS.—Under a regulation pre- regulations prescribed by the Director. (2) HEADING AMENDMENT.—The heading of scribed under subsection (f), the Director may ‘‘(c) PUBLIC NOTICE.— such section is amended to read as follows: establish a lower limit on the number of individ- ‘‘(1) IN GENERAL.—The head of an agency ‘‘§ 7479. Civil service mariners of Military Sea- uals that may be appointed under paragraph (1) making an appointment under subsection (b) lift Command: release of drug and alcohol of this subsection during a fiscal year based on shall publicly advertise positions available test results to Coast Guard’’. any factor the Director considers appropriate. under this section. (c) TABLE OF SECTIONS AMENDMENT.—The ‘‘(f) REGULATIONS.—Not later than 180 days ‘‘(2) REQUIREMENTS.—In carrying out para- table of sections at the beginning of chapter 643 after the date of enactment of this section, the graph (1), the head of an agency shall—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4119 ‘‘(A) adhere to merit system principles; tional Defense Authorization Act for Fiscal SEC. 1125. ONE-YEAR EXTENSION OF AUTHORITY ‘‘(B) advertise positions in a manner that pro- Year 2017 (10 U.S.C. note prec. 1580), or any ap- TO WAIVE ANNUAL LIMITATION ON vides for diverse and qualified applicants; and plicable successor statute. PREMIUM PAY AND AGGREGATE LIM- ITATION ON PAY FOR FEDERAL CI- ‘‘(C) ensure potential applicants have appro- ‘‘(2) REGULATIONS.—Any regulations pre- VILIAN EMPLOYEES WORKING OVER- priate information relevant to the positions scribed by the Director for the administration of SEAS. available. this section shall not apply to the Department of Subsection (a) of section 1101 of the Duncan ‘‘(d) LIMITATION ON APPOINTMENTS.— Defense during the period ending on the date on Hunter National Defense Authorization Act for ‘‘(1) IN GENERAL.—Except as provided in para- which the appointment authority of the Sec- Fiscal Year 2009 (Public Law 110–417; 122 Stat. graph (2), the total number of students that the retary of Defense under section 1106 of the Na- 4615), as most recently amended by section 1105 head of an agency may appoint under this sec- tional Defense Authorization Act for Fiscal of the National Defense Authorization Act for tion during a fiscal year may not exceed the Year 2017 (10 U.S.C. note prec. 1580), or any ap- Fiscal Year 2018 (Public Law 115–91), is further number equal to 15 percent of the number of stu- plicable successor statute, terminates.’’. amended by striking ‘‘through 2018’’ and insert- dents that the agency head appointed during ABLE OF SECTIONS AMENDMENT.—The (b) T ing ‘‘through 2019’’. the previous fiscal year to a position in the com- table of sections for subchapter I of chapter 31 petitive service at the GS–11 level, or an equiva- of title 5, United States Code, is amended by TITLE XII—MATTERS RELATING TO lent level, or below. adding at the end the following: FOREIGN NATIONS ‘‘(2) EXCEPTIONS.—Under a regulation pre- ‘‘3115. Expedited hiring authority for college Subtitle A—Assistance and Training scribed under subsection (g), the Director may graduates; competitive service. SEC. 1201. CLARIFICATION OF AUTHORITY FOR establish a lower limit on the number of stu- ‘‘3116. Expedited hiring authority for post-sec- USE OF ADVISORS AND TRAINERS dents that may be appointed under paragraph ondary students; competitive serv- FOR TRAINING OF PERSONNEL OF (1) of this subsection during a fiscal year based ice.’’. FOREIGN MINISTRIES WITH SECU- on any factor the Director considers appro- RITY MISSIONS UNDER DEFENSE IN- SEC. 1123. INCREASE IN MAXIMUM AMOUNT OF priate. STITUTION CAPACITY BUILDING AU- VOLUNTARY SEPARATION INCEN- THORITIES. ‘‘(e) CONVERSION.—The head of an agency TIVE PAY AUTHORIZED FOR CIVIL- Section 332(b) of title 10, United States Code, may, without regard to any provision of chapter IAN EMPLOYEES. is amended— 33 or any other provision of law relating to the (a) IN GENERAL.—Section 3523 of title 5, (1) in paragraph (1), by striking ‘‘assign civil- examination, certification, and appointment of United States Code, is amended— individuals in the competitive service, convert a (1) in subsection (b)(3)(B), by striking ian employees of the Department of Defense and student serving in an appointment under sub- ‘‘$25,000’’ and inserting ‘‘$40,000 (as adjusted in members of the armed forces as advisors and section (b) to a permanent appointment in the accordance with subsection (c))’’; and trainers’’ and inserting ‘‘provide advisors or competitive service within the agency without (2) by adding at the end the following new trainers’’; and further competition if the student— subsection: (2) in paragraph (2)(B)— ‘‘(1) has completed the course of study leading ‘‘(c)(1) On March 1 each year, the dollar (A) by striking ‘‘assigned’’ each place it ap- to the baccalaureate or graduate degree; amount specified in subsection (b)(3)(B) shall be pears (other than the last place) and inserting ‘‘(2) has completed not less than 640 hours of adjusted by the amount determined by the Sec- ‘‘provided’’; current continuous employment in an appoint- retary of Labor to represent the percentage in- (B) by striking ‘‘assigned advisor or trainer’’ ment under subsection (b); and crease, if any, between the Consumer Price and inserting ‘‘advisor or trainer so provided’’; ‘‘(3) meets the qualification standards for the Index (all items; United States city average) and position to which the student will be converted. published for December of the preceding year (C) by striking ‘‘each assignment’’ and insert- ‘‘(f) TERMINATION.—The head of an agency and that price index published for the December ing ‘‘each provision of such an advisor or train- shall, without regard to any provision of chap- of the year before the preceding year. er’’. ter 35 or 75, terminate the appointment of a stu- ‘‘(2) A percentage increase under paragraph SEC. 1202. MODIFICATION TO DEPARTMENT OF dent appointed under subsection (b) upon com- (1) shall be adjusted to the nearest one-tenth of DEFENSE STATE PARTNERSHIP PRO- pletion of the designated academic course of one percent, and an amount determined under GRAM. study unless the student is selected for conver- paragraph (1) shall be rounded to the nearest Section 341(b)(2) of title 10, United States sion under subsection (e). multiple of $1,000 (or, if midway between mul- Code, is amended by inserting ‘‘assistance’’ ‘‘(g) REGULATIONS.—Not later than 180 days tiples of $1,000, to the next higher multiple of after ‘‘any’’. after the date of enactment of this section, the $1,000).’’. SEC. 1203. EXPANSION OF REGIONAL DEFENSE Director shall issue interim regulations, with an (b) DEPARTMENT OF DEFENSE EMPLOYEES.— COMBATING TERRORISM FELLOW- opportunity for comment, for the administration Section 9902(f)(5) of such title is amended— SHIP PROGRAM TO INCLUDE IRREG- ULAR WARFARE. of this section. (1) in subparagraph (A)(ii), by striking ‘‘(h) REPORTING.— ‘‘$25,000’’ and inserting ‘‘an amount determined (a) IN GENERAL.—Section 345 of title 10, ‘‘(1) IN GENERAL.—Not later than September 30 by the Secretary, not to exceed $40,000 (as ad- United States Code, is amended— of each of the first 3 fiscal years beginning after justed under subparagraph (D)’’; and (1) by redesignating subsections (b) and (c) as the date of enactment of this section, the head (2) by adding at the end the following: subsections (c) and (d), respectively; of an agency that makes an appointment under ‘‘(D)(i) On March 1 each year, the dollar (2) by striking subsection (a) and inserting the this section shall submit a report to— amount specified in subparagraph (A)(ii) shall following new subsections (a) and (b): ‘‘(A) Congress that assesses the impact of the be adjusted by the amount determined by the ‘‘(a) PROGRAM AUTHORIZED.— use of the authority provided under this section Secretary of Labor to represent the percentage ‘‘(1) IN GENERAL.—The Secretary of Defense during the fiscal year in which the report is sub- increase, if any, between the Consumer Price may carry out a program under which the Sec- mitted; and Index (all items; United States city average) retary may pay any costs associated with the ‘‘(B) the Director that contains data that the published for December of the preceding year education and training of foreign military offi- Director considers necessary for the Director to and that price index published for the December cers, ministry of defense officials, or security of- assess the impact and effectiveness of the au- of the year before the preceding year. ficials at military or civilian educational institu- thority described in subparagraph (A). ‘‘(ii) A percentage increase under clause (i) tions, regional centers, conferences, seminars, or ‘‘(2) CONTENT.—The head of an agency shall shall be adjusted to the nearest one-tenth of one other training programs conducted for purposes include in each report under paragraph (1)— percent, and an amount determined under of regional defense in connection with either of ‘‘(A) the total number of individuals ap- clause (i) shall be rounded to the nearest mul- the following: pointed by the agency under this section, as tiple of $1,000 (or, if midway between multiples ‘‘(A) Combating terrorism. well as the number of such individuals who of $1,000, to the next higher multiple of ‘‘(B) Irregular warfare. are— $1,000).’’. ‘‘(2) COVERED COSTS.—Costs for which pay- ment may be made under this section include ‘‘(i) minorities or members of other underrep- SEC. 1124. ONE-YEAR EXTENSION OF TEMPORARY resented groups; or AUTHORITY TO GRANT ALLOW- the costs of transportation and travel and sub- ‘‘(ii) veterans; ANCES, BENEFITS, AND GRATUITIES sistence costs. ‘‘(B) recruitment sources; TO CIVILIAN PERSONNEL ON OFFI- ‘‘(3) DESIGNATION.—The program authorized ‘‘(C) the total number of individuals ap- CIAL DUTY IN A COMBAT ZONE. by this section shall be known as the ‘Regional pointed by the agency during the applicable fis- Paragraph (2) of section 1603(a) of the Emer- Defense Combating Terrorism and Irregular cal year to a position in the competitive service gency Supplemental Appropriations Act for De- Warfare Fellowship Program’. at the GS–11 level, or an equivalent level, or fense, the Global War on Terror, and Hurricane ‘‘(b) REGULATIONS.— below; and Recovery, 2006 (Public Law 109–234; 120 Stat. ‘‘(1) IN GENERAL.—The program authorized by ‘‘(D) any additional data specified by the Di- 443), as added by section 1102 of the Duncan subsection (a) shall be carried out under regula- rector. Hunter National Defense Authorization Act for tions prescribed by the Secretary of Defense. ‘‘(i) SPECIAL PROVISION REGARDING THE DE- Fiscal Year 2009 (Public Law 110–417; 122 Stat. ‘‘(2) ELEMENTS.—The regulations shall ensure PARTMENT OF DEFENSE.— 4616) and most recently amended by section 1108 that— ‘‘(1) AUTHORITY.—Nothing in this section of the National Defense Authorization Act for ‘‘(A) the Secretary of Defense and the Sec- shall preclude the Secretary of Defense from ex- Fiscal Year 2018 (Public Law 115–91), is further retary of State— ercising any authority to appoint a post-sec- amended by striking ‘‘2019’’ and inserting ‘‘(i) jointly develop and plan activities under ondary student under section 1106 of the Na- ‘‘2020’’. the program that—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00109 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4120 CONGRESSIONAL RECORD — SENATE June 19, 2018 ‘‘(I) advance United States security coopera- support under the authority of subsection (a) to congressional defense committees a report on a tion objectives; and a country that has not previously received such review, conducted for purposes of the report, of ‘‘(II) support theater security cooperation support, the Secretary of Defense, in consulta- the legal and policy frameworks associated with planning of the combatant commands; and tion with the Secretary of State, shall submit to advise, assist, and accompany missions by ‘‘(ii) coordinate on the implementation of ac- the specified congressional committees a report United States military personnel. tivities under the program; that— (b) ELEMENTS.—The report and review re- ‘‘(B) each of the Secretary of Defense and the ‘‘(1) sets forth a full description of the support quired by subsection (a) shall include the fol- Secretary of State designates an individual at to be provided, including— lowing: the lowest appropriate level of the Department ‘‘(A) the purpose of such support; (1) An analysis of the risks and benefits of of Defense or the Department of State, as appli- ‘‘(B) the amount of support to be provided; United States military personnel conducting ad- cable, who shall be responsible for program co- and vise, assist, and accompany missions with for- ordination; and ‘‘(C) the anticipated duration of the provision eign partner forces, and an assessment of the re- ‘‘(C) to the extent practicable, activities under of such support; and lation of such risks and benefits to United the program are appropriately coordinated with, ‘‘(2) includes a certification that— States security objectives. and do not duplicate or conflict with, activities ‘‘(A) the recipient country has taken demon- (2) A review of execute orders in order to en- under International Military Education and strable steps to increase security along the bor- sure that such orders comply with United States Training (IMET) authorities. der specified for such country in subsection (a); law for the employment of United States mili- ‘‘(3) SUBMITTAL TO CONGRESS.—Upon any up- and tary personnel and capabilities to advise, assist, date of the regulations, the Secretary of Defense ‘‘(B) the provision of such support is in the and accompany foreign partner forces. (3) An assessment whether the legal and pol- shall submit to the Committees on Armed Serv- interest of United States national security.’’. icy frameworks applicable to advise, assist, and ices of the Senate and the House of Representa- (c) LIMITATION ON REIMBURSEMENT OF PAKI- accompany missions by United States military tives a copy of the regulations as so updated, to- STAN.—Such section is further amended— personnel are adequately communicated to and gether with a description of the update.’’; and (1) by redesignating subsections (e) and (f) as (3) in paragraph (3) of subsection (d), as re- subsections (g) and (h), respectively; and understood at all levels of operational command. (4) An assessment whether approvals related designated by paragraph (1) of this subsection, (2) by inserting after subsection (d) the fol- to advise, assist, and accompany missions are by striking ‘‘in the global war on terrorism’’. lowing new subsection (e): ‘‘(e) LIMITATION ON REIMBURSEMENT OF PAKI- taken at the appropriate level of command. (b) CONFORMING AMENDMENTS.— (5) A definition, and policy guidance, for the STAN PENDING CERTIFICATION.—No amount of (1) HEADING AMENDMENT.—The heading of appropriate use in execute orders of each of the such section is amended to read as follows: reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the following: ‘‘§ 345. Regional Defense Combating Terrorism (A) Advise Government of Pakistan unless the Secretary of and Irregular Warfare Fellowship Pro- (B) Assist. Defense certifies to the congressional defense gram’’. (C) Accompany. committees that the following conditions are (D) Collective self defense. (2) TABLE OF SECTIONS AMENDMENT.—The met: (E) Last point of cover and conceal. table of sections at the beginning of subchapter ‘‘(1) The military and security operations of (6) Any other matters the Under Secretary V of chapter 16 of such title is amended by strik- Pakistan pertaining to border security and an- considers appropriate. ing the item relating to section 345 and inserting cillary activities for which reimbursement is (c) FORM.—The report required by subsection the following new item: sought have been coordinated with United (a) shall be submitted in unclassified form, but ‘‘345. Regional Defense Combating Terrorism States military representatives in advance of the may include a classified annex. and Irregular Warfare Fellowship execution of such operations and activities. SEC. 1206. TECHNICAL CORRECTIONS RELATING Program.’’. ‘‘(2) The goals and desired outcomes of each TO DEFENSE SECURITY COOPERA- SEC. 1204. EXTENSION AND MODIFICATION OF such operation or activity have been established TION STATUTORY REORGANIZATION. AUTHORITY TO SUPPORT BORDER and agreed upon in advance by the United (a) CHAPTER REFERENCES.—The following pro- SECURITY OPERATIONS OF CERTAIN States and Pakistan. visions of law are amended by striking ‘‘chapter FOREIGN COUNTRIES. ‘‘(3) A process exists to verify the achievement 15’’ and inserting ‘‘chapter 13’’: (a) EXPANSION OF AUTHORITY.—Paragraph (1) of the goals and desired outcomes established in (1) Section 886(a)(5) of the Homeland Security of subsection (a) of section 1226 of the National accordance with paragraph (2). Act of 2002 (6 U.S.C. 466(a)(5)). Defense Authorization Act for Fiscal Year 2016 ‘‘(4) The Government of Pakistan is making (2) Section 332(a)(1) of the Consolidated Farm (22 U.S.C. 2151 note) is amended to read as fol- an effort to actively coordinate with the Govern- and Rural Development Act (7 U.S.C. lows: ment of Afghanistan on issues relating to border 1982(a)(1)). (3) Section 101(a)(13)(B) of title 10, United ‘‘(1) IN GENERAL.—The Secretary of Defense, security on the Afghanistan-Pakistan border.’’. with the concurrence of the Secretary of State, States Code. (d) QUARTERLY REPORTS.—Such section is fur- (4) Section 115(i)(6) of title 10, United States is authorized to provide support on a reimburse- ther amended by inserting after subsection (e), ment basis as follows: Code. as so designated by subsection (c) of this sec- (5) Section 12304(c)(1) of title 10, United States ‘‘(A) To the Government of Jordan for pur- tion, the following new subsection (f): Code. poses of supporting and enhancing efforts of the ‘‘(f) QUARTERLY REPORTS.—Not later than 30 (6) Section 484C(c)(3)(C)(v)) of the Higher armed forces of Jordan to increase security and days after the end of each fiscal quarter, the Education Act of 1965 (20 U.S.C. sustain increased security along the border of Secretary of Defense shall submit to the speci- 1091c(c)(3)(C)(v)). Jordan with Syria and Iraq. fied congressional committees a report on reim- (b) SECTION REFERENCES.— ‘‘(B) To the Government of Lebanon for pur- bursements pursuant to subsection (a) during (1) Title 10, United States Code, is amended— poses of supporting and enhancing efforts of the the preceding fiscal quarter that includes— (A) in section 386(c)(1), by striking ‘‘Sections armed forces of Lebanon to increase security ‘‘(1) an identification of each country reim- 311, 321, 331, 332, 333,’’ and inserting ‘‘Sections and sustain increased security along the border bursed; 246, 251, 252, 253, 321,’’; and of Lebanon with Syria. ‘‘(2) the date of each reimbursement; (B) in section 10541(b)(9), in the matter pre- ‘‘(C) To the Government of Egypt for purposes ‘‘(3) a description of any partner nation bor- ceding subparagraph (A), by striking ‘‘sections of supporting and enhancing efforts of the der security efforts for which reimbursement 331, 332, 333,’’ and inserting ‘‘sections 251, 252, armed forces of Egypt to increase security and was provided; 253,’’. sustain increased security along the border of ‘‘(4) an assessment of the value of partner na- (2) Section 484C(c)(3)(C)(i) of the Higher Edu- Egypt with Libya. tion border security efforts for which reimburse- cation Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is ‘‘(D) To the Government of Tunisia for pur- ment was provided; amended by striking ‘‘section 331, 332,’’ and in- poses of supporting and enhancing efforts of the ‘‘(5) the total amounts of reimbursement pro- serting ‘‘section 251, 252,’’. armed forces of Tunisia to increase security and vided to each partner nation in the preceding SEC. 1207. NAVAL SMALL CRAFT INSTRUCTION sustain increased security along the border of four fiscal quarters; and AND TECHNICAL TRAINING SCHOOL. Tunisia with Libya. ‘‘(6) such other matters as the Secretary con- (a) SCHOOL AUTHORIZED.— ‘‘(E) To the Government of Oman for purposes siders appropriate.’’. (1) IN GENERAL.—Subchapter V of chapter 16 of supporting and enhancing efforts of the (e) EXTENSION.—Subsection (h) of such sec- of title 10, United States Code, is amended by armed forces of Oman to increase security and tion, as so redesignated, is amended by striking adding at the end the following new section: sustain increased security along the border of ‘‘December 31, 2019’’ and inserting ‘‘December ‘‘§ 351. Naval Small Craft Instruction and Oman with Yemen. 31, 2021’’. Technical Training School ‘‘(F) To the Government of Pakistan for pur- SEC. 1205. LEGAL AND POLICY REVIEW OF AD- ‘‘(a) IN GENERAL.—The Secretary of Defense poses of supporting and enhancing efforts of the VISE, ASSIST, AND ACCOMPANY MIS- may operate an education and training facility armed forces of Pakistan to increase security SIONS. known as the ‘Naval Small Craft Instruction and sustain increased security along the border (a) IN GENERAL.—Not later than 120 days and Technical Training School’ (in this section of Pakistan with Afghanistan.’’. after the date of the enactment of this Act, the referred to as the ‘School’). (b) CERTIFICATION.—Subsection (d) of such Under Secretary of Defense for Policy shall, in ‘‘(b) DESIGNATION OF EXECUTIVE AGENT.—The section is amended to read as follows: coordination with the General Counsel of the Secretary of Defense shall designate the Sec- ‘‘(d) NOTICE AND CERTIFICATION BEFORE EX- Department of Defense and the commanders of retary of a military department as the Depart- ERCISE.—Not later than 15 days before providing appropriate combatant commands, submit to the ment of Defense executive agent for carrying out

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00110 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4121 the responsibilities of the Secretary of Defense specifically authorized by an Act of Congress (iii) Section 1531(b) of the National Defense under this section. other than that section or this Act. Authorization Act for Fiscal Year 2016 (Public ‘‘(c) PURPOSE.—The purpose of the School (2) PURPOSES.—The purposes described in this Law 114–92; 129 Stat. 1088). shall be to provide to the military and other se- paragraph are the following: (iv) Section 1532(b) of the Carl Levin and curity forces of one or more friendly foreign (A) The operation of a facility other than the Howard P. ‘‘Buck’’ McKeon National Defense countries education and training to increase Naval Small Craft Instruction and Technical Authorization Act for Fiscal Year 2015 (Public professionalism, readiness, and respect for Training School that is in operation as of the Law 113–291; 128 Stat. 3613). human rights through— date of the enactment of this Act for the provi- (v) Section 1531(d) of the National Defense ‘‘(1) formal courses of instruction; and sion of education and training authorized to be Authorization Act for Fiscal Year 2014 (Public ‘‘(2) mobile training teams for— provided by the School. Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note). ‘‘(A) the operation, employment, maintenance, (B) The construction or expansion of any fa- (B) ELEMENTS.—Each report under subpara- and logistics of specialized equipment; cility of the School. graph (A) shall include a list of all equipment ‘‘(B) participation in— Subtitle B—Matters Relating to Afghanistan that was accepted during the period covered by ‘‘(i) joint exercises; or and Pakistan such report and treated as stocks of the Depart- ‘‘(ii) coalition or international military oper- SEC. 1211. AFGHANISTAN SECURITY FORCES ment of Defense and copies of the determina- ations; and FUND. tions made under paragraph (2), as required by ‘‘(C) improved interoperability between— (a) CONTINUATION OF PRIOR AUTHORITIES AND paragraph (3). ‘‘(i) the armed forces; and NOTICE AND REPORTING REQUIREMENTS.—Funds (d) SECURITY OF AFGHAN WOMEN.— ‘‘(ii) the military and other security forces of available to the Department of Defense for the (1) IN GENERAL.—Of the funds available to the the one or more friendly foreign countries. Afghanistan Security Forces Fund for fiscal Department of Defense for the Afghan Security ‘‘(d) PERSONNEL ELIGIBLE TO RECEIVE EDU- year 2019 shall be subject to the conditions con- Forces Fund for fiscal year 2019, it is the goal CATION AND TRAINING.— tained in— that $25,000,000, but in no event less than (1) subsections (b) through (f) of section 1513 ‘‘(1) LIMITATION.—The Secretary of Defense $10,000,000, shall be used for— may not provide education or training at the of the National Defense Authorization Act for (A) the recruitment, integration, retention, School to any personnel of a country that is Fiscal Year 2008 (Public Law 110–181; 122 Stat. training, and treatment of women in the Afghan prohibited from receiving such education or 428), as most recently amended by section National Defense and Security Forces; and training under any other provision of law. 1521(d)(2)(A) of the National Defense Authoriza- (B) the recruitment, training, and contracting tion Act for Fiscal Year 2017 (Public Law 114– ‘‘(2) CONSULTATION IN SELECTION.—The Sec- of female security personnel for future elections. 328; 130 Stat. 2577); and retary of Defense shall consult with the Sec- (2) TYPES OF PROGRAMS AND ACTIVITIES.— (2) section 1521(d)(1) of the National Defense Such programs and activities may include— retary of State in the selection of foreign per- Authorization Act for Fiscal Year 2017. sonnel to be provided education and training at (A) efforts to recruit women into the Afghan (b) USE OF FUNDS.—Section 1513(b)(1) of the National Defense and Security Forces, including the School. National Defense Authorization Act for Fiscal ‘‘(e) FIXED COSTS.—The fixed costs of oper- the special operations forces; Year 2008 is amended by striking ‘‘security (B) programs and activities of the Afghan ation and maintenance of the School in a fiscal forces of Afghanistan’’ and inserting ‘‘security year may be paid from amounts made available Ministry of Defense Directorate of Human forces of the Ministry of Defense and the Min- Rights and Gender Integration and the Afghan for such fiscal year for operation and mainte- istry of the Interior of the Government of the Is- nance of the Department of Defense. Ministry of Interior Office of Human Rights, lamic Republic of Afghanistan’’. Gender and Child Rights; ‘‘(f) ANNUAL REPORT.—Not later than March (c) EQUIPMENT DISPOSITION.— (C) development and dissemination of gender 15 each year, the Secretary of Defense, in con- (1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Sub- and human rights educational and training ma- sultation with the Secretary of State, shall sub- ject to paragraph (2), the Secretary of Defense mit to the appropriate congressional committees may accept equipment that is procured using terials and programs within the Afghan Min- a detailed report on the activities and operating amounts authorized to be appropriated for the istry of Defense and the Afghan Ministry of In- costs of the School during the preceding fiscal Afghanistan Security Forces Fund by this Act terior; (D) efforts to address harassment and violence year.’’. and is intended for transfer to the security against women within the Afghan National De- (2) CLERICAL AMENDMENT.—The table of sec- forces of Afghanistan, but is not accepted by fense and Security Forces; tions at the beginning of subchapter V of chap- such security forces. (E) improvements to infrastructure that ad- ter 16 of such title is amended by adding at the (2) CONDITIONS ON ACCEPTANCE OF EQUIP- dress the requirements of women serving in the end the following new item: MENT.—Before accepting any equipment under the authority provided by paragraph (1), the Afghan National Defense and Security Forces, ‘‘351. Naval Small Craft Instruction and Tech- including appropriate equipment for female se- nical Training School.’’. Commander of United States forces in Afghani- stan shall make a determination that such curity and police forces, and transportation for (b) REPORT REQUIRED.—Not later than 60 equipment was procured for the purpose of policewomen to their station; days after the date of the enactment of this Act, (F) support for Afghanistan National Police the Secretary of Defense shall submit to the con- meeting requirements of the security forces of Afghanistan, as agreed to by both the Govern- Family Response Units; and gressional defense committees a report that sets (G) security provisions for high-profile female forth the following: ment of Afghanistan and the Government of the United States, but is no longer required by such police and military officers. (1) The budget requirements for the operation (e) ASSESSMENT OF AFGHANISTAN PROGRESS ON security forces or was damaged before transfer and sustainment of the Naval Small Craft In- SECURITY OBJECTIVES.— to such security forces. struction and Technical Training School au- (1) ASSESSMENT REQUIRED.—Not later than (3) ELEMENTS OF DETERMINATION.—In making thorized by section 351 of title 10, United States a determination under paragraph (2) regarding May 1, 2019, the Secretary of Defense shall, in Code (as added by subsection (a)), during the equipment, the Commander of United States consultation with the Secretary of State, submit period of the future-years defense program sub- forces in Afghanistan shall consider alternatives to the Committee on Armed Services and the mitted to Congress in fiscal year 2019, includ- to the acceptance of such equipment by the Sec- Committee on Foreign Affairs of the House of ing— retary. An explanation of each determination, Representatives and the Committee on Armed (A) a description of the budget requirements including the basis for the determination and Services and the Committee on Foreign Rela- relating to the School for— the alternatives considered, shall be included in tions of the Senate an assessment describing the (i) Major Force Program–2; and the relevant quarterly report required under progress of the Government of the Islamic Re- (ii) Major Force Program–11; and paragraph (5). public of Afghanistan toward meeting shared se- (B) an identification of any other source of (4) TREATMENT AS DEPARTMENT OF DEFENSE curity objectives. In conducting such assess- funding for the School. STOCKS.—Equipment accepted under the author- ment, the Secretary of Defense shall consider (2) The anticipated requirements for facilities ity provided by paragraph (1) may be treated as each of the following: for the School. stocks of the Department of Defense upon notifi- (A) The extent to which the Government of (3) An identification of the Secretary of a mili- cation to the congressional defense committees Afghanistan has taken steps toward increased tary department designated by the Secretary of of such treatment. accountability and reducing corruption within Defense as executive agent for the School under (5) QUARTERLY REPORTS ON EQUIPMENT DIS- the Ministries of Defense and Interior. subsection (b) of such section. POSITION.— (B) The extent to which the capability and ca- (4) The anticipated military construction and (A) IN GENERAL.—Not later than 90 days after pacity of the Afghan National Defense and Se- facilities renovation requirements for the School the date of the enactment of this Act and every curity Forces have improved as a result of Af- during such period. 90-day period thereafter during which the au- ghanistan Security Forces Fund investment, in- (5) Any other matter relating to the School thority provided by paragraph (1) is exercised, cluding through training. that the Secretary of Defense considers appro- the Secretary shall submit to the congressional (C) The extent to which the Afghan National priate. defense committees a report describing the Defense and Security Forces have been able to (c) LIMITATION ON USE OF FUNDS.— equipment accepted during the period covered increase pressure on the Taliban, al-Qaeda, the (1) IN GENERAL.—Nothing in section 351 of by such report under the following: Haqqani network, and other terrorist organiza- title 10, United States Code (as so added), may (i) This subsection. tions, including by re-taking territory, defend- be construed as authorizing the use of funds ap- (ii) Section 1521(b) of the National Defense ing territory, and disrupting attacks. propriated for the Department of Defense for Authorization Act for Fiscal Year 2017 (Public (D) Whether or not the Government of Af- any purpose described in paragraph (2) unless Law 114–328; 130 Stat. 2575). ghanistan is ensuring that supplies, equipment,

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and weaponry supplied by the United States are (b) EXCESS DEFENSE ARTICLES.—Subsection (I) the Combined Joint Task Force Operation appropriately distributed to security forces (i)(2) of such section, as so amended, is further Inherent Resolve (or a successor task force); charged with fighting the Taliban and other ter- amended by striking ‘‘December 31, 2018’’ each (II) the Office of Security Cooperation in Iraq; rorist organizations. place it appears and inserting ‘‘December 31, and (E) The extent to which the Government of 2019’’. (III) other United States embassy-based mili- Afghanistan has designated the appropriate SEC. 1214. MODIFICATION OF REPORTING RE- tary personnel. staff, prioritized the development of relevant QUIREMENTS FOR SPECIAL IMMI- (B) An identification of the specific units of processes, and provided or requested the alloca- GRANT VISAS FOR AFGHAN ALLIES the Iraqi Security Forces to receive training and tion of resources necessary to support a peace PROGRAM. equipment or other support in fiscal year 2019. and reconciliation process in Afghanistan. Section 602 of the Afghan Allies Protection (C) A plan for ensuring that any vehicles and (F) Such other factors as the Secretaries con- Act of 2009 (8 U.S.C. 1101 note) is amended— equipment provided to the Iraqi Security Forces sider appropriate. (1) in subsection (b)— pursuant to that authority are maintained in (2) WITHHOLDING OF ASSISTANCE FOR INSUFFI- (A) by striking paragraph (10); subsequent fiscal years using funds of Iraq. CIENT PROGRESS.— (B) by redesignating paragraphs (11) through (D) An estimate, by fiscal year, of the funding (A) IN GENERAL.—If the Secretary of Defense (16) as paragraphs (10) through (15), respec- anticipated to be required for support of the determines, in coordination with the Secretary tively; Iraqi Security Forces pursuant to that authority of State, pursuant to the assessment under (C) in paragraph (11)(A), as so redesignated, during the five fiscal years beginning with fiscal paragraph (1) that the Government of Afghani- by striking ‘‘the National Defense Authorization year 2020. stan has made insufficient progress, the Sec- Act for Fiscal Year 2014’’ and inserting ‘‘the (E) A detailed plan for the obligation and ex- retary of Defense may withhold assistance for John S. McCain National Defense Authorization penditure of the funds requested for fiscal year the Afghan National Defense and Security Act for Fiscal Year 2019’’; 2019 for the Department of Defense for Oper- (D) in paragraph (12), as so redesignated, by Forces until such time as the Secretary deter- ational Sustainment of the Iraqi Security striking ‘‘paragraph (12)(B)’’ and inserting mines sufficient progress has been made. Forces. ‘‘paragraph (11)(B)’’; and (B) NOTICE TO CONGRESS.—If the Secretary of (F) A plan for the transition to the Govern- (E) in paragraph (13), as so redesignated, in Defense withholds assistance under subpara- ment of Iraq of responsibility for funding for the matter preceding subparagraph (A), by graph (A), the Secretary shall, in coordination Operational Sustainment of the Iraqi Security striking ‘‘a report to the’’ and all that follows with the Secretary of State, provide notice to Forces for fiscal years after fiscal year 2019. through ‘‘House of Representatives’’ and insert- Congress not later than 30 days after making (G) A description of any actions carried out ing ‘‘a report to the appropriate committees of the decision to withhold such assistance. under this paragraph. Congress’’; SEC. 1222. EXTENSION AND MODIFICATION OF SEC. 1212. EXTENSION AND MODIFICATION OF (2) by striking subsection (c); and AUTHORITY TO PROVIDE ASSIST- AUTHORITY FOR REIMBURSEMENT (3) by redesignating subsection (d) as sub- ANCE TO THE VETTED SYRIAN OPPO- OF CERTAIN COALITION NATIONS section (c). SITION. FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. Subtitle C—Matters Relating to Syria, Iraq, (a) EXTENSION.—Section 1209(a) of the Carl (a) EXTENSION.—Subsection (a) of section 1233 and Iran Levin and Howard P. ‘‘Buck’’ McKeon National of the National Defense Authorization Act for SEC. 1221. EXTENSION OF AUTHORITY TO PRO- Defense Authorization Act for Fiscal Year 2015 Fiscal Year 2008 (Public Law 110–181; 122 Stat. VIDE ASSISTANCE TO COUNTER THE (Public Law 113–291; 128 Stat. 3559), as most re- 393), as most recently amended by section 1212 of ISLAMIC STATE OF IRAQ AND SYRIA. cently amended by section 1221(a) of the Na- the National Defense Authorization Act for Fis- (a) EXTENSION.—Subsection (a) of section 1236 tional Defense Authorization Act for Fiscal cal Year 2018 (Public Law 115–91), is further of the Carl Levin and Howard P. ‘‘Buck’’ Year 2017 (Public Law 114–328; 130 Stat. 2485), is amended— McKeon National Defense Authorization Act for further amended by striking ‘‘December 31, (1) in the matter preceding paragraph (1), by Fiscal Year 2015 (Public Law 113–291; 128 Stat. 2018’’ and inserting ‘‘December 31, 2019’’. striking ‘‘October 1, 2017, and ending on Decem- 3558), as most recently amended by section 1222 (b) LIMITATION ON USE OF FUNDS IN GEN- ber 31, 2018’’ and inserting ‘‘October 1, 2018, and of the National Defense Authorization Act for ERAL.— ending on December 31, 2019’’; and Fiscal Year 2018 (Public Law 115–91), is further (1) LIMITATION.—None of the funds author- (2) by amending paragraph (2) to read as fol- amended by striking ‘‘December 31, 2019’’ and ized to be appropriated for fiscal year 2019 for lows: inserting ‘‘December 31, 2020’’. the Department of Defense may be obligated or ‘‘(2) Pakistan for certain activities meant to (b) FUNDING.—Subsection (g) of such section expended for activities under the authority in enhance the security situation in the Afghani- 1236, as most recently so amended, is further section 1209 of the Carl Levin and Howard P. stan-Pakistan border region pursuant to section amended— ‘‘Buck’’ McKeon National Defense Authoriza- 1226 of the National Defense Authorization Act (1) by striking ‘‘for the Department of Defense tion Act for Fiscal Year 2015, as amended by for Fiscal Year 2016 (22 U.S.C. 2151 note), as for Overseas Contingency Operations for fiscal subsection (a), until the later of the following: amended by the John S. McCain National De- year 2018’’ and inserting ‘‘for the Department of (A) The date on which the President submits fense Authorization Act for Fiscal Year 2019.’’. Defense for Overseas Contingency Operations the report on United States strategy in Syria re- (b) MODIFICATION TO LIMITATIONS.—Sub- for fiscal year 2019’’; and quired by section 1221 of the National Defense section (d) of such section is amended— (2) by striking ‘‘$1,269,000,000’’ and inserting Authorization Act for Fiscal Year 2018 (Public (1) in paragraph (1)— ‘‘$850,000,000’’. Law 115–91). (A) in the first sentence— (c) LIMITATION OF USE OF FISCAL YEAR 2019 (B) The date that is 30 days after the date on (i) by striking ‘‘October 1, 2017, and ending on FUNDS.—Of the amounts authorized to be ap- which the Secretary of Defense submits the re- December 31, 2018’’ and inserting ‘‘October 1, propriated for fiscal year 2019 by this Act for ac- port described in paragraph (2). 2018, and ending on December 31, 2019’’; and tivities under the authority in section 1236 of (2) REPORT.—Not later than 90 days after the (ii) by striking ‘‘$900,000,000’’ and inserting the Carl Levin and Howard P. ‘‘Buck’’ McKeon date of the enactment of this Act, the Secretary ‘‘$350,000,000’’; and National Defense Authorization Act for Fiscal shall submit to the congressional defense com- (B) by striking the second sentence; and Year 2015, as amended by this section, not more mittees a report setting forth the following: (2) by striking paragraph (3). than $450,000,000 may be obligated or expended (A) A detailed description of the internal secu- (c) REPEAL OF PROVISION RELATING TO REIM- for such activities until the date on which the rity forces of the vetted Syrian opposition to be BURSEMENT TO PAKISTAN FOR SECURITY EN- Secretary of Defense has submitted to the con- trained and equipped under such authority, in- HANCEMENT ACTIVITIES.—Such section is further gressional defense committees each of the fol- cluding a description of their geographic loca- amended— lowing: tions, demographic profiles, political affili- (1) by striking subsection (e); and (1) The report on the United States strategy in ations, current capabilities, and relation to the (2) by redesignating subsections (f) through Iraq required by the joint explanatory statement objectives under the authority in section 1209 of (h) as subsections (e) through (g), respectively. of the committee of the conference accom- the Carl Levin and Howard P. ‘‘Buck’’ McKeon (d) NOTICE TO CONGRESS.—Paragraph (1) of panying Conference Report 115–404. National Defense Authorization Act for Fiscal subsection (e) of such section, as redesignated (2) A report setting forth the following: Year 2015, as amended by subsection (a). by subsection (c) of this section, is amended by (A) An explanation of the purpose of a con- (B) A detailed description of planned capabili- striking the second sentence. tinuing United States military presence in Iraq, ties, including categories of equipment, intended SEC. 1213. EXTENSION OF AUTHORITY TO TRANS- including— to be provided to the elements of the vetted Syr- FER DEFENSE ARTICLES AND PRO- (i) an explanation of the national security ob- ian opposition under such authority. VIDE DEFENSE SERVICES TO THE jectives of the United States with respect to (C) A description of the planned level of en- MILITARY AND SECURITY FORCES OF Iraq; gagement by United States forces with the ele- AFGHANISTAN. (ii) a detailed description of— ments of the vetted Syrian opposition after such (a) EXTENSION.—Subsection (h) of section 1222 (I) the size of a continuing United States mili- elements of the vetted Syrian opposition have of the National Defense Authorization Act for tary presence in Iraq; and been trained and equipped under such author- Fiscal Year 2013 (Public Law 112–239; 126 Stat. (II) the roles and missions associated with a ity, including the oversight of equipment pro- 1992), as most recently amended by section 1211 continuing United States military presence in vided under such authority and the activities of the National Defense Authorization Act for Iraq; and conducted by such vetted Syrian opposition Fiscal Year 2017 (Public Law 115–91), is further (iii) a delineation of the responsibilities in forces. amended by striking ‘‘December 31, 2018’’ and connection with a continuing United States (D) An explanation of the processes and inserting ‘‘December 31, 2019’’. military presence in Iraq of— mechanisms for local commanders of the vetted

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Syrian opposition to exercise command and con- (b) AMOUNT AVAILABLE.— (D) One member appointed by the ranking mi- trol of the elements of the vetted Syrian opposi- (1) IN GENERAL.—Such section is further nority member of the Committee on Foreign Re- tion after such elements of the vetted Syrian op- amended— lations of the Senate. position have been trained and equipped under (A) in subsection (c), by striking ‘‘fiscal year (E) One member appointed by the chair of the such authority. 2018 may not exceed $42,000,000’’ and inserting Committee on Armed Services of the House of (E) An explanation of complementary local ‘‘fiscal year 2019 may not exceed $45,300,000’’; Representatives. governance and other stabilization activities in and (F) One member appointed by the ranking mi- areas in which elements of the local internal se- (B) in subsection (d), by striking ‘‘fiscal year nority member of the Committee on Armed Serv- curity forces trained and equipped under such 2018’’ and inserting ‘‘fiscal year 2019’’. ices of the House of Representatives. authority will be operating and the relation of (2) LIMITATION OF USE OF FISCAL YEAR 2019 (G) One member appointed by the chair of the such local governance and other stabilization FUNDS PENDING REPORTS.—Of the amount avail- Committee on Foreign Affairs of the House of activities to the oversight of such security able for fiscal year 2019 for section 1215 of the Representatives. forces. National Defense Authorization Act for Fiscal (H) One member appointed by the ranking mi- (c) ADDITIONAL LIMITATIONS ON USE OF FUNDS Year 2012, as amended by this section, not more nority member of the Committee on Foreign Af- DURING FISCAL YEAR 2019.— than an amount equal to 25 percent of such fairs of the House of Representatives. (1) CERTIFICATIONS IN CONNECTION WITH USE amount may be obligated or expended for the (I) One member appointed by the majority OF FUNDS.—Not later than 120 days after the Office of Security Cooperation in Iraq until 30 leader of the Senate. date of the enactment of this Act, and every 120 days after the later of— (J) One member appointed by the minority days thereafter, the Secretary shall submit to (A) the date on which the report on the leader of the Senate. the congressional defense committees a written United States strategy on Iraq required by the (K) One member appointed by the Speaker of certification on the following: joint explanatory statement of the committee of the House of Representatives. (A) Whether, during the 120-day period end- the conference accompanying Conference Report (L) One member appointed by the minority ing on the date of the certification, demon- 115–404 is submitted to the congressional defense leader of the House of Representatives. strable progress was made— committees; and (2) CO-CHAIRS.— (i) to retake control of territory in Syria from (B) the date on which the report required (A) Of the members of the Group, one co-chair the Islamic State of Iraq and Syria (ISIS); or shall be jointly designated by— (ii) to stabilize areas in Syria formerly held by under subsection (c) is submitted to the appro- priate committees of Congress. (i) the chairs of the Committee on Armed Serv- the Islamic State of Iraq and Syria. ices and the Committee on Foreign Relations of (B) Whether, during such period, the vetted (c) REPORT.— (1) IN GENERAL.—Not later than 180 days after the Senate; Syrian opposition tasked with conducting local (ii) the chairs of the Committee on Armed security operations that United States forces are the date of the enactment of this Act, the Sec- retary of Defense, in cooperation with the Sec- Services and the Committee on Foreign Affairs training and equipping under the authority in of the House of Representatives; section 1209 of the Carl Levin and Howard P. retary of State, shall submit to the appropriate committees of Congress a report on the Office of (iii) the majority leader of the Senate; and ‘‘Buck’’ McKeon National Defense Authoriza- (iv) the Speaker of the House of Representa- tion Act for Fiscal Year 2015, as amended by Security Cooperation in Iraq. (2) ELEMENTS.—The report required by para- tives. subsection (a), were demographically represent- (B) Of the members of the Group, one co-chair ative of the local communities and serve local graph (1) shall include the following: (A) A description of the enduring planned size shall be jointly designated by— governance bodies that are similarly representa- (i) the ranking minority members of the Com- tive of the local communities. and missions of the Office of Security Coopera- tion in Iraq after the cessation of major combat mittee on Armed Services and the Committee on (C) Whether, during such period, the Depart- Foreign Relations of the Senate; ment of Defense took actions to mitigate any operations against the Islamic State of Iraq and Syria. (ii) the ranking minority members of the Com- pause in offensive operations against the Is- mittee on Armed Services and the Committee on lamic State of Iraq and Syria through the train- (B) A description of the relationship between the Office of Security Cooperation in Iraq and Foreign Affairs of the House of Representatives; ing, equipping, and assistance of the vetted Syr- (iii) the minority leader of the Senate; and any planned enduring presence of other United ian opposition. (iv) the minority leader of the House of Rep- States forces in Iraq. (D) Whether, during such period, support pro- resentatives. vided under the authority referred to in sub- (C) A detailed description of any activity to be (3) PERIOD OF APPOINTMENT.—A member shall conducted by the Office of Security Cooperation paragraph (B) was consistent with United be appointed for the life of the Group. in Iraq in fiscal year 2019. States standards regarding respect for human (4) VACANCIES.—Any vacancy in the Group (D) A plan and timeline for the normalization rights, rule of law, and support for stable and shall be filled in the same manner as the origi- of the Office of Security Cooperation in Iraq to equitable governance. nal appointment. (E) Whether, during such period, members of conform to other offices of security cooperation, (d) DUTIES.— the vetted Syrian opposition receiving support including the transition of funding from the De- (1) REVIEW.—The Group shall conduct a re- under the authority referred to in subparagraph partment of Defense to the Department of State view on the current United States military and (B) continued to demonstrate respect for human by the beginning of fiscal year 2020. diplomatic strategy with respect to the conflict rights and rule of law, violations of human (E) Such other matters with respect to the Of- in Syria that includes a review of current rights and rule of law by such members were ap- fice of Security Cooperation in Iraq as the Sec- United States objectives in Syria and the desired propriately investigated, and the individuals re- retary of Defense and the Secretary of State end state in Syria. sponsible for such violations were appropriately consider appropriate. (2) ASSESSMENT AND RECOMMENDATIONS.—The held accountable. (d) APPROPRIATE COMMITTEES OF CONGRESS Group shall— (2) LIMITATION.—If the Secretary does not DEFINED.—In this section, the term ‘‘appro- (A) conduct a comprehensive assessment of make a certification by the deadline for sub- priate committees of Congress’’ means— the current situation in Syria, the impact of mittal required for the certification under para- (1) the Committee on Armed Services and the such situation on neighboring countries, the re- graph (1), or is unable in the certification to cer- Committee on Foreign Relations of the Senate; sulting regional and geopolitical threats to the tify each of the matters specified in that para- and United States, and current military, diplomatic, graph, no support may be provided to the vetted (2) the Committee on Armed Services and the and political efforts to achieve a stable Syria; Syrian opposition under the authority in section Committee on Foreign Affairs of the House of and 1209 of the Carl Levin and Howard P. ‘‘Buck’’ Representatives. (B) develop recommendations on the military McKeon National Defense Authorization Act for SEC. 1224. SYRIA STUDY GROUP. and diplomatic strategy of the United States Fiscal Year 2015, as amended by subsection (a), (a) ESTABLISHMENT.—There is established a with respect to the conflict in Syria. during the period that— working group to be known as the ‘‘Syria Study (e) COOPERATION OF UNITED STATES GOVERN- (A) begins on the deadline for submittal of the Group’’ (in this section referred to as the MENT.— certification (if the certification is not made) or ‘‘Group’’). (1) IN GENERAL.—The Group shall receive the the date of the certification (if the certification (b) PURPOSE.—The purpose of the Group is to full and timely cooperation of the Secretary of does not certify each of the matters), as applica- examine and make recommendations on the mili- Defense, the Secretary of State, and the Director ble; and tary and diplomatic strategy of the United (B) ends on the date on which a certification of National Intelligence in providing the Group States with respect to the conflict in Syria. is submitted under paragraph (1) that certifies with analyses, briefings, and other information (c) COMPOSITION.— each of the matters. necessary for the discharge of the duties of the (1) MEMBERSHIP.—The Group shall be com- Group under subsection (d). SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPER- posed of 12 members, who shall be appointed as (2) LIAISON.—The Secretary of Defense, the ATIONS AND ACTIVITIES OF THE OF- follows: Secretary of State, and the Director of National FICE OF SECURITY COOPERATION IN (A) One member appointed by the chair of the Intelligence shall each designate at least one of- IRAQ. Committee on Armed Services of the Senate. ficer or employee of the Department of Defense, (a) EXTENSION OF AUTHORITY.—Subsection (B) One member appointed by the ranking mi- the Department of State, and the Office of the (f)(1) of section 1215 of the National Defense Au- nority member of the Committee on Armed Serv- Director of National Intelligence, respectively, thorization Act for Fiscal Year 2012 (10 U.S.C. ices of the Senate. to serve as a liaison to the Group. 113 note) is amended by striking ‘‘fiscal year (C) One member appointed by the chair of the (3) FACILITATION.—The United States Insti- 2018’’ and inserting ‘‘fiscal year 2019’’. Committee on Foreign Relations of the Senate. tute of Peace shall take appropriate actions to

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4124 CONGRESSIONAL RECORD — SENATE June 19, 2018 facilitate the Group in the discharge of the du- ed in the matter preceding paragraph (1) by cially increased forward-stationed combat ties of the Group under this section. striking ‘‘fiscal year 2017 or 2018’’ and inserting enablers to enhance United States Army capa- (f) REPORTS.— ‘‘fiscal year 2017, 2018, or 2019’’. bility and capacity in areas such as— (1) FINAL REPORT.— (b) RULE OF CONSTRUCTION.—Such section is (A) long-range fires; (A) IN GENERAL.—Not later than June 30, 2019, further amended— (B) air and missile defense; the Group shall submit to the President, the Sec- (1) by redesignating subsection (e) as sub- (C) combat engineering; retary of Defense, the Committee on Armed section (f); and (D) logistics and sustainment; Services and the Committee on Foreign Rela- (2) by inserting after subsection (d) the fol- (E) warfighting headquarters elements; and tions of the Senate, the Committee on Armed lowing new subsection (e): (F) electronic warfare; Services and the Committee on Foreign Affairs ‘‘(e) RULE OF CONSTRUCTION.—Nothing in (2) conduct a review of the balance of United of the House of Representatives, the majority subsection (a) shall be construed to limit bilat- States Army presence in Europe between and minority leaders of the Senate, the Speaker eral military-to-military dialogue between the rotationally deployed and forward-stationed of the House of Representatives, and the minor- United States and the Russian Federation for forces, including an examination of ity leader of the House of Representatives a re- the purpose of reducing the risk of conflict.’’. transitioning the rotational presence of a United port that sets forth the findings, conclusions, SEC. 1232. LIMITATION ON AVAILABILITY OF States Army armored brigade combat team and recommendations of the Group under this FUNDS RELATING TO SOVEREIGNTY (ABCT) in Europe to a forward-stationed section. OF THE RUSSIAN FEDERATION OVER ABCT, with consideration of— CRIMEA. (B) ELEMENTS.—The report required by sub- (A) the opportunity to more effectively signal (a) LIMITATION.—None of the funds author- paragraph (A) shall include each of the fol- the enduring commitment of the United States— ized to be appropriated by this Act or otherwise lowing: (i) to assure allies and partners in Europe; made available for fiscal year 2019 for the De- (i) An assessment of the current security, po- and partment of Defense may be obligated or ex- litical, humanitarian, and economic situations (ii) to deter Russian aggression; pended to implement any activity that recog- in Syria. (B) the significant recurring fiscal costs of ro- nizes the sovereignty of the Russian Federation (ii) An assessment of the current participation tating heavy, equipment-intensive units; over Crimea. and objectives of the various external actors in (C) the family readiness impacts of lengthy (b) WAIVER.—The Secretary of Defense, with Syria. heel-to-toe rotational deployments; the concurrence of the Secretary of State, may (D) the potential advantages of interoper- (iii) An assessment of the consequences of con- waive the limitation in subsection (a) if the Sec- tinued conflict in Syria. ability and cultural proficiency that can be retary of Defense— achieved by forward-stationed forces that have (iv) Recommendations for a resolution to the (1) determines that the waiver is in the na- conflict in Syria, including— knowledge of local rules, regulations, culture, tional security interest of the United States; and customs, geography, and counterpart military (I) options for a gradual political transition to (2) submits to the Committee on Armed Serv- units and officials; a post-Assad Syria; and ices and the Committee on Foreign Relations of (II) actions necessary for reconciliation. (E) the potential tradeoffs between— the Senate and the Committee on Armed Serv- (i) the training readiness and high oper- (v) A roadmap for a United States and coali- ices and the Committee on Foreign Affairs of the tion strategy to reestablish security and govern- ational tempo of rotational units; and House of Representatives a notification of the (ii) the higher manning rates of forward-sta- ance in Syria, including recommendations for waiver. the synchronization of stabilization, develop- tioned forces; and SEC. 1233. EXTENSION OF UKRAINE SECURITY AS- (F) the benefits of National Training Center ment, counterterrorism, and reconstruction ef- SISTANCE INITIATIVE. forts. rotations for rotationally deployed units as com- Section 1250 of the National Defense Author- pared to maximized use of United States Army (vi) Any other matter with respect to the con- ization Act for Fiscal Year 2016 (Public Law flict in Syria that the Group considers to be ap- training areas in Europe, including the Joint 114–92; 129 Stat. 1068), as most recently amended Multinational Readiness Center in Germany, by propriate. by section 1234 of the National Defense Author- (2) INTERIM REPORT.—Not later than February forward-stationed units in Europe; ization Act for Fiscal Year 2018 (Public Law (3) consider options for mitigating personnel 1, 2019, the Group shall submit to the Committee 115–91), is further amended— on Armed Services and the Committee on For- impacts of heel-to-toe rotations of United States (1) in subsection (c)— forces in Europe, including designation of Oper- eign Relations of the Senate, the Committee on (A) in paragraph (1), by striking ‘‘for fiscal ation Atlantic Resolve as a named operation; Armed Services and the Committee on Foreign year 2018 pursuant to subsection (f)(3)’’ and in- (4) examine the merit and feasibility of main- Affairs of the House of Representatives, the ma- serting ‘‘for fiscal year 2019 pursuant to sub- taining a continuous and enduring presence of jority and minority leaders of the Senate, the section (f)(4)’’; and at least one United States Army company in Es- Speaker of the House of Representatives, and (B) in paragraph (3), by striking ‘‘fiscal year tonia, Latvia, and Lithuania; the minority leader of the House of Representa- 2018’’ and inserting ‘‘fiscal year 2019’’; tives a report that describes the status of the re- (2) in subsection (f), by adding at the end the (5) examine the merit and feasibility of in- view and assessment under subsection (d) and following new paragraph: creasing the presence of United States special any interim recommendations developed by the ‘‘(4) For fiscal year 2019, $200,000,000.’’; and operations forces in Estonia, Latvia, and Lith- Group as of the date of the briefing. (3) in subsection (h), by striking ‘‘December uania to deter aggression, promote interoper- ability, build resilience through training activi- (3) FORM OF REPORT.—The report submitted to 31, 2020’’ and inserting ‘‘December 31, 2021’’. Congress under paragraph (1) shall be submitted SEC. 1234. SENSE OF SENATE ON RELOCATION OF ties focused on countering unconventional war- in unclassified form, but may include a classi- JOINT INTELLIGENCE ANALYSIS fare strategies, and enable the North Atlantic fied annex. COMPLEX. Treaty Organization (NATO) to take collective action if required; (g) TERMINATION.—The Group shall terminate It is the sense of the Senate that, in consider- (6) examine the merit and feasibility of on the date that is 180 days after the date on ation of any future plans regarding the reloca- prepositioning certain equipment and ammuni- which the Group submits the report required by tion of the Joint Intelligence Analysis Complex tion in Estonia, Latvia, and Lithuania; subsection (f)(1). of the United States European Command, the Secretary of Defense should maintain its geo- (7) continue rotational deployments of United SEC. 1225. MODIFICATION OF ANNUAL REPORT States forces to Romania and Bulgaria while ON MILITARY POWER OF IRAN. graphic location within the United Kingdom and its collocation with the North Atlantic taking full advantage of the training opportuni- Section 1245(b) of the National Defense Au- Treaty Organization (NATO) Intelligence Fu- ties available at military locations such as Camp thorization Act for Fiscal Year 2010 (10 U.S.C. sion Center. Mihail Kogalniceanu in Romania and Novo Selo 113 note) is amended— Training Area in Bulgaria; (1) in paragraph (3)(B), by inserting ‘‘the SEC. 1235. SENSE OF SENATE ON ENHANCING DE- TERRENCE AGAINST RUSSIAN AG- (8) examine the implications of Russian mili- Houthis,’’ after ‘‘Hamas,’’; and GRESSION IN EUROPE. tary activity in the Arctic region for United (2) in paragraph (7)— (a) STATEMENT OF POLICY.—To protect the States military capability, capacity, and force (A) by inserting ‘‘the Russian Federation,’’ national security of the United States, it is the posture; after ‘‘Pakistan,’’; and policy of the United States to pursue an inte- (9) conduct exercises focused on dem- (B) by inserting ‘‘trafficking or’’ before ‘‘de- grated approach to strengthening the defense of onstrating the capability to flow United States velopment’’. allies and partners in Europe as part of a broad- forces from the continental United States and Subtitle D—Matters Relating to Europe and er, long-term strategy backed by all elements of surge forces from central to eastern Europe in a the Russian Federation United States national power to deter and, if nonpermissive environment— SEC. 1231. EXTENSION OF LIMITATION ON MILI- necessary, defeat Russian aggression. (A) to test and improve strategic and oper- TARY COOPERATION BETWEEN THE (b) SENSE OF THE SENATE.—It is the sense of ational logistics and transportation capabilities; UNITED STATES AND THE RUSSIAN the Senate that in order to strengthen the de- (B) to identify capability gaps, capacity short- FEDERATION. fense of allies and partners in Europe, the Sec- falls, or other limiting factors in the execution (a) EXTENSION.—Subsection (a) of section 1232 retary of Defense, in coordination with the Sec- of operational plans; and of the National Defense Authorization Act for retary of State and in consultation with the (C) to identify appropriate corrective action; Fiscal Year 2017 (Public Law 114–328; 130 Stat. commander of United States European Com- (10) consider incorporating cyber protection 2488), as amended by section 1231 of the Na- mand, should— teams, to the extent practicable, with rotational tional Defense Authorization Act for Fiscal (1) prioritize the need for additional United forces in Europe with a focus on training Year 2018 (Public Law 115–91), is further amend- States Army forward presence in Europe, espe- United States and allied forces to operate

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4125 against adversary cyber, electronic warfare, and other regional partners into a shared maritime SEC. 1236. TECHNICAL AMENDMENTS RELATED information operations capabilities; domain awareness framework; TO NATO SUPPORT AND PROCURE- (11) support robust security assistance for (ii) coordinating the development, procure- MENT ORGANIZATION AND RELATED NATO AGREEMENTS. Ukraine, including defensive lethal assistance, ment, and employment of aerial, surface, and (a) TITLE 10, UNITED STATES CODE.—Section while promoting necessary defense institutional subsurface unmanned vehicles as well as mobile 2350d of title 10, United States Code, is amend- reforms; air surveillance radars; ed— (12) support robust security assistance for (iii) expanding the scope of Sea Surveillance (1) by striking ‘‘NATO Support Organization’’ Georgia, including defensive lethal assistance, Cooperation Baltic Sea (SUCBAS) information each place it appears and inserting ‘‘NATO to strengthen the defense capabilities and readi- sharing to include sensitive or classified data Support and Procurement Organization’’; ness of Georgia, and improve interoperability with the goal of creating a common operating (2) by striking ‘‘Support Partnership Agree- with NATO forces; picture; and (13) promote enhanced military-to-military en- ment’’ each place it appears and inserting ‘‘Sup- (iv) encouraging civil-military collaboration gagement between the United States and the port or Procurement Partnership Agreement’’; on maritime domain awareness; militaries of the countries of the Western Bal- and (G) promote alignment of the Permanent kans to promote interoperability with NATO, ci- (3) in subsection (a)(1), by striking ‘‘Support Structured Cooperation, European Defense vilian control of the military, procurement re- Partnership Agreements’’ and inserting ‘‘Sup- Fund, and Coordinated Annual Review on De- forms, and regional security cooperation; port or Procurement Partnership Agreements’’. (14) develop and implement a comprehensive fense of the European Union (EU) with the (b) ARMS EXPORT CONTROL ACT.—Section security cooperation strategy that rationalizes NATO defense planning process; 21(e)(3) of the Arms Export Control Act (22 and prioritizes support for allies and partners in (H) support NATO–EU cooperation to ensure U.S.C. 2761(e)(3)) is amended— Europe, including Estonia, Latvia, Lithuania, that— (1) in subparagraph (A)— Poland, Romania, Bulgaria, Ukraine, Moldova, (i) EU capability development is coherent, (A) in the matter preceding clause (i), by and Georgia; complementary, and interoperable with NATO; striking ‘‘North Atlantic Treaty Organization (15) consider the merit and feasibility of a de- (ii) EU-generated capabilities are available to (NATO) Support Organization’’ and inserting fense lending initiative to support allies and NATO; and ‘‘North Atlantic Treaty Organization (NATO) partners in Europe, especially allies and part- (iii) EU defense activities are conducted with Support and Procurement Organization’’; and ners that are most vulnerable to Russian aggres- appropriate transparency and participation of (B) in clause (i), by striking ‘‘support partner- sion, to supplement and fill gaps in existing non-EU states; ship agreement’’ and inserting ‘‘support or pro- United States security assistance and arms sales (I) support coordinated NATO and EU actions curement partnership agreement’’; and mechanisms; and on expediting or waiving diplomatic clearances (2) in subparagraph (C)(i), in the matter pre- (16) in NATO or through other multilateral for the movement of United States and allied ceding subclause (I)— formats— forces during contingencies; (A) by striking ‘‘ ‘weapon system partnership (A) promote reforms to accelerate the speed of (J) support cooperative investment frameworks agreement’ ’’ and inserting ‘‘ ‘support or pro- decision and deployability within NATO, in- that promote increased military mobility in Eu- curement partnership agreement’ ’’; and cluding delegation to the Secretary General and rope; (B) by striking ‘‘North Atlantic Treaty Orga- the Supreme Allied Commander Europe (K) explore enhancing the role of NATO Force nization (NATO) Support Organization’’ and (SACEUR) of the authority to deploy the Very Integration Units to more centrally coordinate inserting ‘‘North Atlantic Treaty Organization High Readiness Joint Task Force to any loca- exercises and training by de-conflicting training (NATO) Support and Procurement Organiza- tion within the territory of NATO allies in re- engagements, identifying opportunities for com- tion’’. sponse to a security crisis; bined activities, and ensuring exercise design SEC. 1237. REPORT ON SECURITY COOPERATION (B) promote a more robust NATO defense and delivery are responsive to the dynamic secu- BETWEEN THE RUSSIAN FEDERA- planning process that— rity environment; TION AND CUBA, NICARAGUA, AND (i) defines clear, stable chains-of-command re- VENEZUELA. (L) support cooperative efforts to improve the sponsible for the execution of graduated re- cyber resiliency of commercial systems in Eu- (a) IN GENERAL.—Not later than 180 days sponse plans; after the date of the enactment of this Act, the (ii) generates realistic military requirements; rope, especially port and rail infrastructure es- sential for military mobility; Director of the Defense Intelligence Agency and shall submit to the appropriate committees of (M) support NATO procurement and training (iii) provides a basis for assigning allies spe- Congress a report on security cooperation be- efforts to expand the use of secure and inter- cific responsibilities as force providers in contin- tween the Russian Federation and each of the operable communications at the operational gency plans; countries specified in subsection (b). level, especially in the militaries of Estonia, Lat- (C) pursue planning agreements with allies (b) COUNTRIES.—The countries specified in via, Lithuania, Poland, Romania, and Bul- and partners in Europe on rules of engagement this subsection are as follows: garia; and arrangements for command and control, ac- (1) Cuba. (N) expand cooperation and joint planning cess, transit, and support in crisis situations, (2) Nicaragua. which occur prior to an invocation of Article 5 with allies and partners on intelligence, surveil- (3) Venezuela. lance, and reconnaissance (ISR), including— of the Washington Treaty by the North Atlantic (c) MATTERS TO BE INCLUDED.—The report re- Council; (i) exercises related to border security and cri- quired by subsection (a) shall include the fol- (D) promote operational readiness of major sis command and control; and lowing: combat units as a key element of alliance bur- (ii) electronic warfare, anti-air, and anti-sur- (1) An assessment of bilateral security co- den sharing alongside spending commitments face capabilities; operation between the Russian Federation and made at the 2014 Wales Summit, including (O) promote efforts to improve the capability each country specified in subsection (b) that in- through— and readiness of NATO Standing Maritime cludes each of the following: (i) the establishment of 30-day readiness tar- Groups; (A) A list of Russian weapon systems or other gets for NATO kinetic air squadrons, major (P) encourage regular review and update of military hardware or technology valued at not naval combatants, and mechanized maneuver the Alliance Maritime Strategy of NATO to re- less than $1,000,000 provided to or purchased by battalions; flect the changing military balance in the Black such country since January 1, 2007. (ii) emphasis on allies maintaining fully Sea with a particular focus on ISR, cyber, elec- (B) A description of the participation of the manned units, improving readiness of key logis- tronic warfare, and anti-submarine warfare ca- security forces of such country in training or ex- tics units, increasing lift capacity, and main- pabilities as well as defense of ports, airfields, ercises with the security forces of the Russian taining sufficient stocks of equipment and muni- military bases, and other critical infrastructure; Federation since January 1, 2007. tions; and (Q) explore increasing the frequency, scale, (iii) the conduct of NATO exercises with a (C) A description of any security cooperation and scope of NATO and other multilateral exer- focus on rapid mobilization and deployment of agreement between the Russian Federation and cises in the Black Sea with the participation of allied forces; such country. Ukraine and Georgia; (E) explore transitioning the Baltic air polic- (D) A description of any military or intel- ing mission of NATO to a Baltic air defense mis- (R) promote integration of United States Ma- ligence infrastructure, facilities, and assets de- sion that would— rines in Norway with the United Kingdom-led veloped by the Russian Federation in each such (i) be fully integrated with the Integrated Air Joint Expeditionary Force to increase multilat- country and any associated agreements or un- and Missile Defense of NATO and other re- eral cooperation and interoperability between derstandings between the Russian Federation gional short- and medium-range air defense sys- NATO and regional partners such as Sweden and such country. tems; and and Finland; (2) An assessment of security cooperation, spe- (ii) include the participation of NATO and re- (S) affirm support for the Open Door policy of cifically in an advisory role, among the coun- gional partners such as Sweden and Finland; NATO, including the eventual membership of tries specified in subsection (b). and Georgia in NATO; and (d) FORM.—The report required by subsection (F) support multilateral efforts to improve (T) promote the contribution of sufficient re- (a) shall be submitted in unclassified form, but maritime domain awareness in the Baltic Sea, sources by NATO allies for the Substantial may include a classified annex. including— NATO-Georgia Package, and encourage NATO (e) APPROPRIATE COMMITTEES OF CONGRESS (i) integrating subsurface sensors and anti- allies to make full use of the NATO–Georgian DEFINED.—In this section, the term ‘‘appro- submarine warfare platforms of NATO and Joint Training and Evaluation Center. priate committees of Congress’’ means—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4126 CONGRESSIONAL RECORD — SENATE June 19, 2018 (1) the Committee on Armed Services, the Com- ‘‘(27) Efforts by China to influence the media, ‘‘(B) to the extent required to minimize the mittee on Foreign Relations, and the Committee cultural institutions, business, and academic risk of execution of the contingency plans of the on Appropriations of the Senate; and and policy communities of the United States to Department of Defense. (2) the Committee on Armed Services, the Com- be more favorable to its security and military ‘‘(2) Activities to improve military and defense mittee on Foreign Affairs, and the Committee on strategy and objectives. infrastructure, logistics, and assured access in Appropriations of the House of Representatives. ‘‘(28) Efforts by China to monitor and influ- the Indo-Pacific region to enhance the respon- SEC. 1238. SENSE OF SENATE ON COUNTERING ence, in support of its security and military siveness, survivability, and operational resil- RUSSIAN MALIGN INFLUENCE. strategy and objectives, the following: ience of the United States Armed Forces in the It is the sense of the Senate that the Secretary ‘‘(A) Chinese citizens in the United States. Indo-Pacific region. of Defense and the Secretary of State should— ‘‘(B) United States citizens of Chinese de- ‘‘(3) Activities to enhance the storage and pre- (1) urgently prioritize the completion of a com- scent.’’. positioning in the Indo-Pacific region of equip- prehensive strategy to counter Russian malign SEC. 1243. SENSE OF SENATE ON TAIWAN. ment and munitions of the United States Armed influence; and It is the sense of the Senate that— Forces. (2) submit to Congress the report required by (1) the Taiwan Relations Act (22 U.S.C. 3301 ‘‘(4) Bilateral and multilateral military train- section 1239A(d) of the National Defense Au- et seq.) and the ‘‘Six Assurances’’ are both cor- ing and exercises with allies and partner na- thorization Act for Fiscal Year 2018 (Public Law nerstones of United States relations with Tai- tions in the Indo-Pacific region.’’; and 115–91). wan; (B) in paragraph (5)— Subtitle E—Matters Relating to the Indo- (2) the United States should strengthen de- (i) in the matter preceding subparagraph (A), Pacific Region fense and security cooperation with Taiwan to by striking ‘‘security capacity’’ and all that fol- lows through ‘‘of allies’’ in subparagraph (B) SEC. 1241. REDESIGNATION, EXPANSION, AND EX- support the development of capable, ready, and TENSION OF SOUTHEAST ASIA MARI- modern defense forces necessary for Taiwan to and inserting ‘‘security capacity of allies’’; and TIME SECURITY INITIATIVE. maintain a sufficient self-defense capability; (ii) by redesignating clauses (i) through (v) as (a) REDESIGNATION AS INDO-PACIFIC MARITIME (3) the United States should strongly support subparagraphs (A) through (E), respectively, SECURITY INITIATIVE.— the acquisition by Taiwan of defensive weapons and indenting appropriately; (1) IN GENERAL.—Subsection (a)(2) of section through foreign military sales, direct commercial (2) in subsection (d), by striking ‘‘only’’; and (3) by amending subsection (e) to read as fol- 1263 of the National Defense Authorization Act sales, and industrial cooperation, with a par- lows: for Fiscal Year 2016 (10 U.S.C. 333 note) is ticular emphasis on asymmetric warfare and un- ‘‘(e) FIVE-YEAR PLAN FOR THE INDO-PACIFIC amended by striking ‘‘the ‘Southeast Asia Mari- dersea warfare capabilities, consistent with the STABILITY INITIATIVE.— time Security Initiative’ ’’ and inserting ‘‘the Taiwan Relations Act; ‘‘(1) PLAN REQUIRED.— ‘Indo-Pacific Maritime Security Initiative’ ’’. (4) the United States should improve the pre- ‘‘(A) IN GENERAL.—Not later than March 1, (2) CONFORMING AMENDMENT.—The heading of dictability of arms sales to Taiwan by ensuring 2019, the Secretary of Defense, in consultation such section is amended to read as follows: timely review of and response to requests of Tai- with the Commander of the United States Pa- ‘‘SEC. 1263. INDO-PACIFIC MARITIME SECURITY wan for defense articles and defense services; cific Command, shall submit to the congres- INITIATIVE.’’. (5) the Secretary of Defense should promote sional defense committees a future years plan on (b) EXPANSION.— Department of Defense policies concerning ex- activities and resources of the Initiative. (1) EXPANSION OF REGION TO RECEIVE ASSIST- changes that enhance the security of Taiwan, ‘‘(B) APPLICABILITY.—The plan shall apply to ANCE AND TRAINING.—Subsection (a)(1) of such including— the Initiative with respect to fiscal year 2020 section is amended by inserting ‘‘and the Indian (A) United States participation in appropriate and at least the four succeeding fiscal years. Ocean’’ after ‘‘South China Sea’’ in the matter Taiwan exercises, such as the annual Han preceding subparagraph (A). ‘‘(2) ELEMENTS.—The plan required under Kuang exercise; paragraph (1) shall include each of the fol- (2) RECIPIENT COUNTRIES OF ASSISTANCE AND (B) Taiwan participation in appropriate TRAINING GENERALLY.—Subsection (b) of such lowing: United States exercises; and ‘‘(A) A description of the objectives of the Ini- section is amended— (C) exchanges between senior defense officials (A) in paragraph (2), by striking the comma at tiative. and general officers of the United States and ‘‘(B) A description of the manner in which the end and inserting a period; and Taiwan consistent with the Taiwan Travel Act (B) by adding at the end the following new such objectives support implementation of the (Public Law 115–135); National Defense Strategy and reduce the risk paragraphs: (6) the United States and Taiwan should ex- ‘‘(6) Bangladesh. of execution of the contingency plans of the De- pand cooperation in humanitarian assistance partment of Defense by improving the oper- ‘‘(7) Sri Lanka.’’. and disaster relief; and (3) COUNTRIES ELIGIBLE FOR PAYMENT OF CER- ational resilience of United States forces in the (7) the Secretary of Defense should consider Indo-Pacific region. TAIN INCREMENTAL EXPENSES.—Subsection (e)(2) supporting the visit of a United States hospital of such section is amended by adding at the end ‘‘(C) An assessment of the resource require- ship to Taiwan as part of the annual ‘‘Pacific ments to achieve such objectives. the following new subparagraph: Partnership’’ mission in order to improve dis- ‘‘(D) India.’’. ‘‘(D) An assessment of any additional rota- aster response planning and preparedness as (c) EXTENSION.—Subsection (h) of such section tional or permanently stationed United States well as to strengthen cooperation between the is amended by striking ‘‘September 30, 2020’’ and forces in the Indo-Pacific region required to United States and Taiwan. inserting ‘‘December 31, 2025’’. achieve such objectives. SEC. 1244. REDESIGNATION AND MODIFICATION SEC. 1242. MODIFICATION OF ANNUAL REPORT ‘‘(E) An assessment of the logistics require- OF SENSE OF CONGRESS AND INITIA- ON MILITARY AND SECURITY DEVEL- ments, including force enablers, equipment, sup- TIVE FOR THE INDO-ASIA-PACIFIC OPMENTS INVOLVING THE PEOPLE’S plies, storage, and maintenance, to achieve such REGION. REPUBLIC OF CHINA. objectives. Section 1202(b) of the National Defense Au- (a) REDESIGNATION.— ‘‘(F) An identification and assessment of re- thorization Act for Fiscal Year 2000 (10 U.S.C. (1) IN GENERAL.—Section 1251 of the National quired infrastructure investments to achieve 113 note) is amended— Defense Authorization Act for Fiscal Year 2018 such objectives, including potential infrastruc- (1) by redesignating paragraphs (6) through (Public Law 115–91) is amended by striking ture investments by host countries and new con- (16) and (17) through (23) as paragraphs (7) ‘‘Indo-Asia-Pacific’’ each place it appears and struction or upgrades of existing sites that through (17) and (19) through (25), respectively; inserting ‘‘Indo-Pacific’’. would be funded by the United States. (2) by inserting after paragraph (5) the fol- (2) HEADING AMENDMENTS.— ‘‘(G) An assessment of any new agreements, or lowing new paragraph (6): (A) SECTION HEADING.—The heading of such changes to existing agreements, with other ‘‘(6) China’s overseas military basing and lo- section is amended to read as follows: countries for assured access required to achieve gistics infrastructure.’’; ‘‘SEC. 1251. SENSE OF CONGRESS AND INITIATIVE such objectives. (3) in paragraph (8), as so redesignated, by FOR THE INDO-PACIFIC REGION.’’. ‘‘(H) An assessment of security cooperation striking ‘‘including technology transfers and es- (B) SUBSECTION HEADINGS.—Such section is investments required to achieve such objectives. pionage’’ in the first sentence and inserting ‘‘in- further amended in the headings of subsections ‘‘(3) FORM.—The plan required under para- cluding investment, industrial espionage, (b) and (f) by striking ‘‘INDO-ASIA-PACIFIC’’ and graph (1) shall be submitted in unclassified cybertheft, academia, and other means of tech- inserting ‘‘INDO-PACIFIC’’. form, but may include a classified annex.’’. nology transfer’’; (b) MODIFICATION OF INITIATIVE.—Such sec- SEC. 1245. PROHIBITION ON PARTICIPATION OF (4) by inserting after paragraph (17), as so re- tion is further amended— THE PEOPLE’S REPUBLIC OF CHINA designated, the following new paragraph (18): (1) in subsection (c)— IN RIM OF THE PACIFIC (RIMPAC) ‘‘(18) An assessment of relations between (A) by striking paragraphs (1) through (4) and NAVAL EXERCISES. China and the Russian Federation with respect inserting the following new paragraphs (1) (a) SENSE OF CONGRESS.—It is the sense of to security and military matters.’’; and through (4): Congress that— (5) by adding at the end the following new ‘‘(1) Activities to increase the rotational and (1) the pace and militarization by the Govern- paragraphs: forward presence, improve the capabilities, and ment of the People’s Republic of China of land ‘‘(26) The relationship between Chinese over- enhance the posture of the United States Armed reclamation activities in the South China Sea is seas investment, including initiatives such as Forces in the Indo-Pacific region— destabilizing the security of United States allies the Belt and Road Initiative, and Chinese secu- ‘‘(A) consistent with the National Defense and partners and threatening United States core rity and military strategy objectives. Strategy; and interests;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4127 (2) these activities of the Government of the Defense Authorization Act for Fiscal Year 2017 agreement ceasing all hostilities in Korea and People’s Republic of China adversarially threat- (Public Law 114–328; 130 Stat. 2559); establishing the Demilitarized Zone (DMZ). en the maritime security of the United States (4) pursuing strategic initiatives to help de- (5) Since 1953, lawfully-deployed United and our allies and partners; velop India’s defense capabilities, including States and United Nations forces have remained (3) no country that acts adversarially should maritime security capabilities; alongside their South Korean counterparts, con- be invited to multilateral exercises; and (5) improving cooperation on and coordination tinuing to protect and defend South Korea and (4) the involvement of the Government of the of humanitarian and disaster relief responses; deter aggression from the Democratic People’s People’s Republic of China in multilateral exer- (6) conducting additional joint exercises with Republic of Korea. cises should undergo reevaluation until such be- India in the Persian Gulf, the Indian Ocean re- (6) As a lasting testament the blood and treas- havior changes. gion, and the Western Pacific; and ure lost during the Korean War and the strong (b) CONDITIONS FOR FUTURE PARTICIPATION IN (7) furthering cooperative efforts to promote and unwavering alliance built from the ashes of RIMPAC.—The Secretary of Defense shall not security and stability in Afghanistan. the conflict, the Korean War Memorial in Wash- enable or facilitate the participation of the Peo- SEC. 1248. SENSE OF SENATE ON STRATEGIC IM- ington, District of Columbia, and the War Me- ple’s Republic of China in any Rim of the Pa- PORTANCE OF MAINTAINING COM- morial of Korea in Seoul, South Korea, promi- cific (RIMPAC) naval exercise unless the Sec- MITMENTS UNDER COMPACTS OF nently display the following inscription: ‘‘Our retary certifies to the congressional defense com- FREE ASSOCIATION. Nation honors her Sons and Daughters who an- mittees that China has— (a) FINDINGS.—The Senate makes the fol- swered the call to defend a Country they never (1) ceased all land reclamation activities in lowing findings: knew and a people they never met.’’. (1) The Federated States of Micronesia, the the South China Sea; (7) The United States maintains a robust, Republic of the Marshall Islands, and the Re- (2) removed all weapons from its land rec- well-trained, and ready force of approximately public of Palau are sovereign countries in free lamation sites; and 28,500 members of the Armed Forces in South association with the United States under the (3) established a consistent four-year track Korea, and the presence of the members of the Compacts of Free Association (in this section re- record of taking actions toward stabilizing the Armed Forces in South Korea demonstrates the ferred to as the ‘‘Compacts’’), which provide for region. continued resolve and support of the United the exclusive right of the United States Armed SEC. 1246. ASSESSMENT OF AND REPORT ON GEO- States for the enduring United States-South Ko- Forces to operate in the areas covered by the POLITICAL CONDITIONS IN THE rean Alliance. INDO-PACIFIC REGION. Compacts. (8) On December 22, 2017, Kim Jong-un stated, (a) ASSESSMENT.— (2) Such exclusive right allows the United ‘‘The rapid development of [North Korea’s] nu- (1) IN GENERAL.—Not later than 90 days after States to curtail the potential expansion of for- clear force is now exerting big influence on the the date of the enactment of this Act, the Sec- eign militaries into areas covered by the Com- world political structure and strategic environ- retary of Defense shall select and enter into an pacts. ment.’’. agreement with an entity independent of the (3) Under the Compacts, eligible citizens of the Department of Defense to conduct an assess- Federated States of Micronesia, the Republic of (9) On January 1, 2018, Kim Jong-un stated ment of the geopolitical conditions in the Indo- the Marshall Islands, and the Republic of Palau ‘‘The entire United States is within range of our Pacific region that are necessary for the suc- may— nuclear weapons, and a nuclear button is al- cessful implementation of the National Defense (A) reside, work, and study in the United ways on my desk. This is reality, not a threat. Strategy. States without a visa; and This year we should focus on mass producing (2) MATTERS TO BE INCLUDED.—The assess- (B) serve in the United States Armed Forces. nuclear warheads and ballistic missiles for oper- ational deployment.’’. ment required by paragraph (1) shall include a (4) An estimated 1⁄4 of the populations of the determination of the geopolitical conditions in Federated States of Micronesia, the Republic of (10) Despite 11 standalone United Nations Se- the Indo-Pacific region, including any change the Marshall Islands, and the Republic of Palau curity Council resolutions against the nuclear in economic and political relations, that are has relocated to the United States. and ballistic missile programs of the Democratic necessary to support United States military re- (5) Under the Compacts, the Federal Govern- People’s Republic of Korea, 8 of which passed quirements for forward defense, extensive for- ment is required to provide assistance to any af- during the rule of Kim Jong-un, the Democratic ward basing, and alliance formation and fected jurisdiction in the United States to defray People’s Republic of Korea has continued to il- strengthening in such region. costs incurred by the affected jurisdiction for legally and unlawfully pursue a long-range, nu- (b) REPORT.—Not later than 270 days after the health, educational, social, or public safety clear capability meant to hold hostage the date of the enactment of this Act, the inde- services, or for infrastructure relating to such United States and threaten the security of the pendent entity selected under subsection (a) services, due to the residence in the affected ju- neighbors of the Democratic People’s Republic shall submit to the appropriate committees of risdiction of citizens of the Federated States of of Korea. Congress a report on the results of the assess- Micronesia, the Republic of the Marshall Is- (11) The 2017 National Security Strategy (NSS) ment conducted under that subsection. lands, and the Republic of Palau. states— (c) DEPARTMENT OF DEFENSE SUPPORT.—The (b) SENSE OF SENATE.—It is the sense of the (A) ‘‘Our alliance and friendship with South Secretary shall provide the independent entity Senate that maintaining the commitments of the Korea, forged by the trials of history, is stronger selected under subsection (a) with timely access United States under the Compacts is of vital than ever.’’; to appropriate information, data, resources, and strategic importance to the national security in- (B) ‘‘Allies and partners magnify our power analyses necessary for the independent entity to terests of the United States. . . . [and] together with our allies, partners, conduct the assessment required by that sub- SEC. 1249. SENSE OF SENATE ON UNITED STATES and aspiring partners, the United States will section in a thorough and independent manner. MILITARY FORCES ON THE KOREAN pursue cooperation with reciprocity.’’; and (d) APPROPRIATE COMMITTEES OF CONGRESS PENINSULA. (C) with respect to priority actions in the DEFINED.—In this section, the term ‘‘appro- (a) FINDINGS.—The Senate makes the fol- Indo-Pacific region, ‘‘We will redouble our com- priate committees of Congress’’ means— lowing findings: mitment to established alliances and partner- (1) the Committee on Armed Services and the (1) On June 25, 1950, the Democratic People’s ships, while expanding and deepening relation- Committee on Foreign Relations of the Senate; Republic of Korea (DPRK), under the rule of ships with new partners that share respect for and Kim Il-sung, the grandfather of Kim Jong-un, sovereignty . . . and the rule of law.’’. (2) the Committee on Armed Services and the launched a surprise attack against forces from (12) Secretary of Defense James Mattis stated, Committee on Foreign Affairs of the House of the Republic of Korea (South Korea) and small ‘‘Winston Churchill noted that the only thing Representatives. contingent of United States forces, thus begin- harder than fighting with allies is fighting with- SEC. 1247. SENSE OF SENATE ON UNITED STATES- ning the Korean War. out them. History proves that we are stronger INDIA DEFENSE RELATIONSHIP. (2) In June and July of 1950, the United Na- when we stand united with others. Accordingly, It is the sense the Senate that the United tions Security Council adopted Resolutions 82, our military will be designed, trained, and ready States should strengthen and enhance its major 83, and 84 calling for the Democratic People’s to fight alongside allies.’’. defense partnership with India and work to- Republic of Korea to cease hostilities and with- (13) The 2018 National Defense Strategy (NDS) ward mutual security objectives by— draw, to recommend that United Nations mem- states, ‘‘Mutually beneficial alliances and part- (1) expanding engagement in multilateral ber nations provide forces to repel the Demo- nerships are crucial to our strategy, providing a frameworks, including the Quadrilateral Dia- cratic People’s Republic of Korea attack, and durable, asymmetric strategic advantage that no logue between the United States, India, Japan, stating any forces provided should be unified competitor or rival can match . . . [and the and Australia, to promote regional security and under the command of the United States, respec- United States] will strengthen and evolve our al- defend shared values and common interests in tively. liances and partnerships into an extended net- the rules-based order; (3) Fighting as part of a 1,000,000-strong, 22- work capable of deterring or decisively acting to (2) exploring additional steps to implement the nation United Nations force, 36,574 members of meet the shared challenges of our time.’’. ‘‘major defense partner’’ designation to better the United States Armed Forces and 137,899 (14) The unclassified summary of 2018 NDS, facilitate military interoperability, information members of the South Korean military lost their an 11-page document, mentions the term ‘‘al- sharing, and appropriate technology transfers; lives during the three years of armed hostilities lies’’ or ‘‘alliances’’ over 50 times. (3) designating the responsible individual and brutal conflict in the Korean War. (15) The 2018 NDS states, ‘‘China is a strategic within the Department of Defense to facilitate (4) On July 27, 1953, the Democratic People’s competitor using predatory economics to intimi- the major defense partnership with India, as re- Republic of Korea, Chinese People’s Volunteers, date its neighbors . . . [and] it is increasingly quired by section 1292(a)(1)(B) of the National and the United Nations signed an armistice clear that China. . .want[s] to shape a world

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4128 CONGRESSIONAL RECORD — SENATE June 19, 2018 consistent with their authoritarian model—gain- Democratic People’s Republic of Korea has been counter, and address the challenge posed by the ing veto authority over other nations’ economic, the significant removal of United States military use of human shields and hold accountable ter- diplomatic, and security decisions.’’. forces from the Korean Peninsula; rorist organizations for the use of human (16) Foreign policy experts have long con- (7) the maximum pressure campaign of the shields. tended that the first priority of the People’s Re- Trump Administration, including an increase in (c) SUBMITTAL OF THE REPORT.—Not later public of China on the Korean Peninsula is to economic sanctions and diplomatic measures than 180 days after the date of the enactment of ensure that the Democratic People’s Republic of with United States allies and regional partners, this Act, the Secretary of Defense shall submit Korea remains a buffer between China and the has worked to bring Kim Jong-un to the nego- to the appropriate committees of Congress the democratic South Korea and the United States tiation table; and report required in subsection (a). forces deployed on the Korean Peninsula. (8) the significant removal of United States (d) FORM.—The report shall be submitted in (17) China continues to provide the Demo- military forces from the Korean Peninsula is a unclassified form, but may include a classified cratic People’s Republic of Korea with most of non-negotiable item as it relates to the complete, annex. its food and energy supplies and, until recently, verifiable, and irreversible denuclearization of (e) APPROPRIATE COMMITTEES OF CONGRESS accounted for approximately 90 percent of the the Democratic People’s Republic of Korea. DEFINED.—In this section, the term ‘‘appro- total trade volume of the Democratic People’s Subtitle F—Reports priate committees of Congress’’ means— Republic of Korea. (1) the Committee on Armed Services, the Com- (18) On June 30, 2017, President Donald SEC. 1251. REPORT ON MILITARY AND COERCIVE ACTIVITIES OF THE PEOPLE’S RE- mittee on Foreign Relations, and the Committee Trump stated, ‘‘Our goal is peace, stability and PUBLIC OF CHINA IN SOUTH CHINA on the Judiciary of the Senate; and prosperity for the region. But the United States SEA. (2) the Committee on Armed Services, the Com- will defend itself, always will defend itself, al- (a) IN GENERAL.—Except as provided in sub- mittee on Foreign Affairs, and the Committee on ways, and we will always defend our allies. As section (d), immediately after the commencement the Judiciary of the House of Representatives. part of that commitment, we are working to- of any significant reclamation or militarization SEC. 1253. REPORT ON ARCTIC STRATEGIES. gether to ensure fair burden sharing and sup- activity by the People’s Republic of China in the (a) IN GENERAL.—Not later than 180 days port of the United States military presence in South China Sea, including any significant mili- after the date of the enactment of this Act, the Republic of Korea.’’. tary deployment or operation or infrastructure Secretary of the Army, the Secretary of the (19) South Korea already pays for approxi- construction, the Secretary of Defense, in co- Navy, and the Secretary of the Air Force shall mately 50 percent of the total nonpersonal costs ordination with the Secretary of State, shall submit to the congressional defense committees a of the 28,500 United States members of the submit to the congressional defense committees, report on the strategy of the Army, the Navy Armed Forces on the Korean Peninsula, and release to the public, a report on the mili- and the Marine Corps, and the Air Force, re- amounting to $887,500,000 in 2018. tary and coercive activities of China in the spectively, for the Arctic region. (20) President Moon Jae-in has committed to South China Sea in connection with such activ- (b) ELEMENTS.—The report required by sub- increasing the defense spending of South Korea ity. section (a) shall include the following: during his term from the current level 2.4 per- (b) ELEMENTS OF REPORT TO PUBLIC.—Each (1) A description of the specific means by cent of the gross domestic product to 2.9 percent report on a significant reclamation or militariza- which each Armed Force, including regular of the gross domestic product. tion activity under subsection (a) shall include components, the National Guard, and the Re- (21) News reports published in early May 2018 a short narrative on, and one or more cor- serves, will— have stated that President Trump asked the Sec- responding images of, such significant reclama- (A) enhance the capability of the Armed retary of Defense to provide him with options tion or militarization activity. Forces to defend the homeland and exercise sov- for removing United States troops from the Ko- (c) FORM.— ereignty; rean Peninsula. (1) SUBMITTAL TO CONGRESS.—Any report (22) National Security Advisor John Bolton re- (B) strengthen deterrence at home and under subsection (a) that is submitted to the sponded, ‘‘The President has not asked the Pen- abroad; congressional defense committees shall be sub- tagon to provide options for reducing American (C) strengthen alliances and partnerships; mitted in unclassified form, but may include a forces stationed in South Korea.’’. (D) preserve freedom of the seas in the Arctic; classified annex. (23) A spokesman for the Secretary stated, (E) engage public, private, and international (2) RELEASE TO PUBLIC.—If a report under ‘‘The president has not asked the Pentagon to partners to improve domain awareness in the subsection (a) is released to the public, such re- provide options for reducing American forces Arctic; port shall be so released in unclassified form. stationed in South Korea. The Department of (F) develop Department of Defense Arctic in- (d) WAIVER.— Defense’s mission in South Korea remains the frastructure and capabilities consistent with (1) RELEASE OF REPORT TO PUBLIC.—The Sec- same, and our force posture has not changed. changing conditions and needs; retary of Defense may waive the requirement in The Department of Defense remains committed (G) provide support to civil authorities, as di- subsection (a) for the release to the public of a to supporting the maximum pressure campaign, rected; report on a significant reclamation or militariza- developing and maintaining military options for (H) partner with other departments, agencies, tion activity if the Secretary determines that the the President, and reinforcing our ironclad se- and countries to support human and environ- release to the public of a report on such activity curity commitment with our allies. We all re- mental security; and under that subsection in the form required by main committed to complete, verifiable, and irre- (I) support international institutions that pro- subsection (c)(2) would have an adverse effect versible denuclearization of the Korean Penin- mote regional cooperation and the rule of law. on the national security interests of the United sula.’’. (2) An analysis of the role of each Armed States. (b) SENSE OF SENATE.—It is the sense of the Force in the operational and contingency plans Senate that— (2) NOTICE TO CONGRESS.—If the Secretary for the protection of United States national se- (1) South Korea is a close friend and ally of issues a waiver under paragraph (1) with re- curity interests in the Arctic region, including the United States, and the United States-South spect to a report on an activity, not later than strategic national assets, United States citizens, Korea alliance is the linchpin of peace and se- 48 hours after the Secretary issues such waiver, territory, freedom of navigation, and economic curity in the Indo-Pacific region; the Secretary shall submit to the congressional and trade interests in the Arctic region, weighed (2) the presence of United States military defense committees written notice of, and jus- against the missions described in the Arctic forces on the Korean Peninsula and across the tification for, such waiver. strategy. Indo-Pacific region continues to play a critical SEC. 1252. REPORT ON TERRORIST USE OF (3) A detailed description of near-term and role in safeguarding the peaceful and stable HUMAN SHIELDS. long-term training, capability, and resource rules-based international order that benefits all (a) IN GENERAL.—The Secretary of Defense, in gaps that must be addressed to fully execute countries; consultation with the Secretary of State, shall each mission described in the Arctic strategy (3) South Korea has contributed heavily to its provide a report on the use of human shields by against an increasing threat environment. own defense and to the defense of the United terrorist groups to protect otherwise lawful tar- (4) A description of the Armed Force-specific States Armed Forces in South Korea, including gets from attack. infrastructure that may be needed to continue by providing $10,000,000,000 of the (b) ELEMENTS.—The report required by sub- to accomplish each mission described in the Arc- $10,800,000,0000 Camp Humphreys project, which section (a) shall include the following: tic strategy against an increasing threat envi- is 93 percent of the funding, to build and relo- (1) A description of the lessons learned from ronment, including a cost estimate and potential cate United States military forces to a new base the United States and its allies and partners in construction timeline for such infrastructure. in South Korea; addressing the use of human shields by terrorist (5) A description, by Armed Force, of the cur- (4) United States military forces, pursuant to organizations such as Hamas, Hezbollah, the Is- rent and projected Arctic capabilities of the international law, are lawfully deployed on the lamic State of Iraq and Syria, Al Qaeda, and Russian Federation and the People’s Republic Korean Peninsula; any other organization as determined by the of China, and an analysis of current and future (5) the nuclear and ballistic missile programs Secretary of Defense. United States capabilities that are required to of the Democratic People’s Republic of Korea (2) A description of a specific plan and actions comply with— are clear and consistent violations of inter- being taken by the Department of Defense to in- (A) each mission described in the Arctic strat- national law; corporate the lessons learned as identified in egy; and (6) the long-stated strategic objective of au- paragraph (1) into Department of Defense oper- (B) the strategic objectives in the National De- thoritarian states such as the People’s Republic ating guidance, relevant capabilities, and tac- fense Strategy. of China, the Russian Federation, and the tics, techniques, and procedures to deter, (6) With respect to each Armed Force—

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(A) an assessment of the level of cooperation (v) any changes to the posture or capabilities (2) NUMBER.—The number of individuals se- between each Armed Force and other depart- of the Joint Force in Europe that would be re- lected to participate in the fellows program in ments and agencies of the United States Govern- quired to support such a brigade combat team in any year may not exceed the numbers as fol- ment (including the Department of Homeland Poland; and lows: Security and the National Security Agency), (vi) the timeline required to achieve the per- (A) Ten individuals from each geographic re- State and local governments, and Tribal enti- manent stationing of such a brigade combat gion of the United States as follows: ties; and team in Poland. (i) The Northeast. (B) a plan for increased cooperation between (H) An assessment of the willingness and abil- (ii) The Southeast. the Armed Forces and such departments, agen- ity of the Government of Poland to provide host (iii) The Midwest. cies, and entities. nation support for such a brigade combat team. (iv) The Southwest. (c) FORM.—The report required by subsection (I) An assessment whether future growth in (v) The West. (a) shall be submitted in unclassified form, but United States Army end strength may be used to (B) Ten additional individuals. may include a classified annex. source additional forces for such a brigade com- (3) BACKGROUND INVESTIGATION.—An indi- SEC. 1254. REPORT ON PERMANENT STATIONING bat team in Poland. vidual selected to participate in the fellows pro- OF UNITED STATES FORCES IN THE (c) FORM.—The report required by subsection gram may not participate in the program unless REPUBLIC OF POLAND. (a) shall be submitted in unclassified form, but the individual successfully undergoes a back- (a) IN GENERAL.—Not later than March 1, may include a classified annex. ground investigation applicable to the position 2019, the Secretary of Defense, in coordination SEC. 1254A. INEFFECTIVENESS OF SECTION 937. to which the individual will be assigned under with the Secretary of State, shall submit to the Section 937, relating to a Strategic Defense the fellows program and otherwise meets such congressional defense committees a report on the Fellows Program for the Department of Defense, requirements applicable to assignment to a sen- feasibility and advisability of permanently sta- shall have no force or effect. sitive position within the Department that the tioning United States forces in the Republic of SEC. 1254B. JOHN S. MCCAIN STRATEGIC DE- Secretary considers appropriate. Poland. FENSE FELLOWS PROGRAM. (e) ASSIGNMENT.— N GENERAL (b) ELEMENTS.—The report required by sub- (a) FELLOWSHIP PROGRAM.— (1) I .—Each individual who partici- section (a) shall include the following: (1) IN GENERAL.—Not later than one year after pates in the fellows program shall be assigned to (1) An assessment of the types of permanently the date of the enactment of this Act, the Sec- a position in the Office of the Secretary of De- stationed United States forces in Poland re- retary of Defense shall establish within the De- fense. quired to deter aggression by the Russian Fed- partment of Defense a civilian fellowship pro- (2) POSITION REQUIREMENTS.—Each Under eration and execute Department of Defense con- gram designed to provide leadership develop- Secretary of Defense and each Director of a De- tingency plans, including combat enabler units ment and the commencement of a career track fense Agency who reports directly to the Sec- in capability areas such as— toward senior leadership in the Department. retary shall submit to the Secretary each year (A) combat engineering; (2) DESIGNATION.—The fellowship program the qualifications and skills to be demonstrated (B) logistics and sustainment; shall be known as the ‘‘John S. McCain Stra- by participants in the fellows program to qualify (C) warfighting headquarters elements; tegic Defense Fellows Program’’ (in this section for assignment under this subsection for service (D) long-range fires; referred to as the ‘‘fellows program’’). in a position of the office of such Under Sec- (E) air and missile defense; (b) ELIGIBILITY.—An individual is eligible for retary or Director. (F) intelligence, surveillance, and reconnais- participation in the fellows program if the indi- (3) ASSIGNMENT TO POSITIONS.—The Secretary sance; and vidual— shall each year assign participants in the fel- (G) electronic warfare. (1) is a citizen of the United States or a lawful lows program to positions in the offices of the (2) An assessment of the feasibility and advis- permanent resident of the United States in the Under Secretaries and Directors described in ability of permanently stationing a United year in which the individual applies for partici- paragraph (2). In making such assignments, the States Army brigade combat team in the Repub- pation in the fellows program; and Secretary shall seek to best match the qualifica- lic of Poland that includes the following: (2) either— tions and skills of participants in the fellows (A) An assessment whether a permanently sta- (A) possesses a graduate degree from an ac- program with the requirements of positions tioned United States Army brigade combat team credited institution of higher education in the available for assignment. Each participant so in Poland would enhance deterrence against United States that was awarded not later than assigned shall serve as a special assistant to the Russian aggression in Eastern Europe. two years before the date of the acceptance of Under Secretary or Director to whom assigned. (B) An assessment of the actions the Russian the individual into the fellows program; or (4) TERM.—The term of each assignment Federation may take in response to a United (B) will be awarded a graduate degree from under the fellows program shall be one year. States decision to permanently station a brigade an accredited institution of higher education in (5) PAY AND BENEFITS.—An individual as- combat team in Poland. the United States not later than six months signed to a position under the fellows program (C) An assessment of the international polit- after the date of the acceptance of the indi- shall be compensated at the rate of compensa- ical considerations of permanently stationing vidual into the fellows program. tion for employees at level GS–10 of the General such a brigade combat team in Poland, includ- (c) APPLICATION.— Schedule, and shall be treated as an employee of ing within the North Atlantic Treaty Organiza- (1) APPLICATION REQUIRED.—Each individual the United States during the term of assignment, tion (NATO). seeking to participate in the fellows program including for purposes of eligibility for health (D) An assessment whether a such a brigade shall submit to the Secretary an application care benefits and retirement benefits available to combat team in Poland would support imple- therefor at such time and in such manner as the employees of the United States. mentation of the National Defense Strategy. Secretary shall specify. (6) EDUCATION LOAN REPAYMENT.—To the ex- (E) A description and assessment of the man- (2) ELEMENTS.—Each application of an indi- tent that funds are provided in advance in ap- ner in which such a brigade combat team in Po- vidual under this subsection shall include the propriations Acts, the Secretary may repay any land would affect the ability of the Joint Force following: loan of a participant in the fellows program if to execute Department of Defense contingency (A) Transcripts of educational achievement at the loan is described by subparagraph (A), (B), plans in Europe. the undergraduate and graduate level. or (C) of section 16301(a)(1) of title 10, United (F) A description and assessment of the man- (B) A resume. States Code. Any repayment of loans under this ner in which such a brigade combat team in Po- (C) Proof of citizenship or lawful permanent paragraph shall be on a first-come, first-served land would affect the ability of the Joint Force residence. basis. to respond to a crisis inside the territory of a (D) An endorsement from the applicant’s (f) CAREER DEVELOPMENT.— North Atlantic Treaty Organization ally that graduate institution of higher education. (1) IN GENERAL.—The Secretary shall ensure occurs prior to the invocation of Article 5 of the (E) An academic writing sample. that participants in the fellows program— Washington Treaty by the North Atlantic Coun- (F) Letters of recommendation addressing the (A) receive opportunities and support appro- cil. applicant’s character, academic ability, and any priate for the commencement of a career track (G) An identification and assessment of— extracurricular activities. within the Department leading toward a future (i) potential locations in Poland for stationing (G) A personal statement by the applicant ex- position of senior leadership within the Depart- such a brigade combat team; plaining career areas of interest and motivations ment, including ongoing mentorship support (ii) the logistics requirements, including force for service in the Department. through appropriate personnel from entities enablers, equipment, supplies, storage, and (H) Such other information as the Secretary within the Department such as the Defense maintenance, that would be required to support considers appropriate. Business Board and the Defense Innovation such a brigade combat team in Poland; (d) SELECTION.— Board; and (iii) infrastructure investments by the United (1) IN GENERAL.—Each year, the Secretary (B) are provided appropriate opportunities for States and Poland, including new construction shall select participants in the fellows program employment and advancement within the De- or upgrades of existing sites, that would be re- from among applicants for the fellows program partment upon successful completion of the fel- quired to support such a brigade combat team in for such year who qualify for participation in lows program. Poland; the fellows program based on character, commit- (2) RESERVATION OF POSITIONS.—In carrying (iv) any new agreements, or changes to exist- ment to public service, academic achievement, out paragraph (1)(B), the Secretary shall reserve ing agreements, between the United States and extracurricular activities, and such other quali- for participants who successfully complete the Poland that would be required for a such a bri- fications for participation in the fellows pro- fellows program not fewer than 30 positions in gade combat team in Poland; gram as the Secretary considers appropriate. the excepted service within the Department that

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4130 CONGRESSIONAL RECORD — SENATE June 19, 2018 are suitable for the commencement of a career (B) An identification of the location of nu- (6) the United States, working within our track toward senior leadership within the De- clear research, development, production, and framework of alliances and partnerships, should partment. Any position so reserved shall not be testing facilities in the Democratic People’s Re- seek to build the capacity and capability of our subject to or covered by any reduction in head- public of Korea identified and verifiably dis- allies and partners in the Indo-Pacific region quarters personnel required under any other mantled, destroyed, or rendered permanently and to expand interoperability with them; and provision of law. unusable. (7) the United States and its partners in the (3) NONCOMPETITIVE APPOINTMENT.—Upon the (C) An identification of the location of bal- Indo-Pacific region should continue to work to- successful completion of the assignment of a listic missile manufacturing and assembly facili- gether to build the forces, infrastructure, rela- participant in the fellows program in a position ties in the Democratic People’s Republic of tionships, and training needed to respond to pursuant to subsection (e), the Secretary may, Korea verifiably dismantled, destroyed, or ren- search and rescue and humanitarian assistance without regard to the provisions of subchapter I dered permanently unusable. needed in the whole of catastrophic natural dis- of chapter 33 of title 5, United States Code, ap- (D) A description of the number of nuclear asters. point the participant to a position reserved pur- weapons and ballistic missiles that remain in or (b) REPORT.— suant to paragraph (2) if the Secretary deter- under the control of the Democratic People’s Re- (1) IN GENERAL.—Not later than 180 days after mines that such appointment will contribute to public of Korea. the date of the enactment of this Act, the Sec- the development of highly qualified future sen- (E) An assessment of the progress made in ex- retary of Defense shall submit to the congres- ior leaders for the Department. tending the breakout period required for the sional defense committees a report on future (4) PUBLICATION OF SELECTION.—The Sec- Democratic People’s Republic of Korea to recon- United States military training opportunities retary shall publish on an Internet website of stitute its nuclear weapons program and build a with allied and partner countries in the Indo- the Department available to the public the nuclear weapon, as such progress relates to the Pacific region. names of the individuals selected to participate information required by subparagraphs (A) (2) ELEMENTS.—The report required by para- in the fellows program. through (D). graph (1) shall include the following: (g) OUTREACH.—The Secretary shall under- (d) VERIFICATION ASSESSMENT REPORT.—Not (A) A detailed description of— take appropriate outreach to inform potential later than 180 days after the date on which the (i) current United States military exercises in- participants in the fellows program of the na- report required by subsection (a) is submitted, volving United States partners and allies in the ture and benefits of participation in the fellows and every 180 days thereafter, the written up- Indo-Pacific region; program. date required under paragraph (1) of subsection (ii) the manner in which such exercises are in- (h) REGULATIONS.—The Secretary shall carry (c) shall include, in addition to the information tended to improve the capability and capacity of out this section in accordance with such regula- required by subparagraphs (A) through (E) of such partners and allies; and tions as the Secretary may prescribe for pur- that subsection, the following for the preceding (iii) the interoperability of such partners and poses of this section. 180-day period: allies with the United States Armed Forces. (B) An analysis of the potential to expand the (i) FUNDING.—Of the amounts authorized to (1) An assessment of the establishment of safe- be appropriated for each fiscal year for the De- guards, other control mechanisms, and other as- size, scope, or makeup of such exercises to in- partment of Defense for operation and mainte- surances secured from the Democratic People’s clude— (i) additional forces and units of current par- nance, Defense-wide, $10,000,000 may be avail- Republic of Korea to ensure the activities of the ticipants; able to carry out the fellows program in such Democratic People’s Republic of Korea per- mitted under any agreement will not be used to (ii) additional capabilities or training; and fiscal year. (iii) other allies and partners in the Indo-Pa- further any nuclear-related military or nuclear SEC. 1255. REPORTS ON NUCLEAR CAPABILITIES cific region and other regions. explosive purpose, including research on or de- OF THE DEMOCRATIC PEOPLE’S RE- (C) An identification of new United States velopment of a nuclear explosive device. PUBLIC OF KOREA. military exercises that may be initiated in the (2) An assessment of the capacity of the (a) BASELINE REPORT.—Not later than 60 days Indo-Pacific region with— United States or an international organization, after the date of the enactment of this Act, the (i) security treaty allies such as Japan, South including the International Atomic Energy Secretary of Defense, in coordination with the Korea, Australia, the Philippines, and Thai- Agency, to effectively access and investigate Director of National Intelligence, shall submit to land; the appropriate committees of Congress a report suspicious sites in the Democratic People’s Re- (ii) growing partners such as India, Indo- on the status of the nuclear program of the public of Korea or allegations of covert nuclear- nesia, Malaysia, Mongolia, New Zealand, Democratic People’s Republic of Korea to estab- related activities, including storage sites for nu- Singapore, Sri Lanka, and Vietnam; lish a baseline of progress for negotiations with clear weapons. (iii) existing multilateral frameworks, such as the Democratic People’s Republic of Korea with (e) SUNSET.—The section shall cease to be ef- the Association of Southeast Asian Nations respect to denuclearization. fective on the date that is three years after the (ASEAN); (b) ELEMENTS.—The report required by sub- date of the enactment of this Act. (iv) allies and partners outside the Indo-Pa- section (a) shall include the following, to the ex- (f) APPROPRIATE COMMITTEES OF CONGRESS cific region; and tent known or suspected: DEFINED.—In this section, the term ‘‘appro- (v) potential new allies or partners. (1) A description of the location, quantity, ca- priate committees of Congress’’ means— (3) FORM.—The report required by paragraph pability, and operational status of the nuclear (1) the Committee on Armed Services, the Se- (1) shall be submitted in unclassified form, but weapons of the Democratic People’s Republic of lect Committee on Intelligence, the Committee on may include a classified annex. Foreign Relations, and the Committee on Appro- Korea. Subtitle G—Other Matters (2) A description of the location of nuclear re- priations of the Senate; and (2) the Committee on Armed Services, the Per- SEC. 1261. MODIFICATION OF AUTHORITIES RE- search, development, production, and testing fa- LATING TO ACQUISITION AND cilities of the Democratic People’s Republic of manent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Com- CROSS-SERVICING AGREEMENTS. Korea, including covert facilities. (a) PROHIBITIONS.—Section 2342 of title 10, (3) A description of the location, quantity, ca- mittee on Appropriations of the House of Rep- resentatives. United States Code, is amended— pability, and operational status of the ballistic (1) by redesignating subsection (d) as sub- missiles of the Democratic People’s Republic of SEC. 1256. REPORT ON UNITED STATES MILITARY section (f); and Korea. TRAINING OPPORTUNITIES WITH AL- LIES AND PARTNERS IN THE INDO- (2) by inserting after subsection (c) the fol- (4) A description of the location of the ballistic PACIFIC REGION. lowing new subsections (d) and (e): missile manufacturing and assembly facilities of (a) SENSE OF SENATE.—It is the sense of the ‘‘(d) The Secretary of may not use an agree- the Democratic People’s Republic of Korea. Senate that— ment with any government of an organization (5) An assessment of any intelligence gaps (1) the Secretary of Defense, as part of stra- described in subsection (a)(1) to facilitate the with respect to the information required by this tegic initiatives, should continue to place em- transfer of logistic support, supplies, and serv- subsection and verification or inspection meas- phasis on and consider the benefits of United ices to any country or organization with which ures that may fill such gaps. States military training exercises with allies in the Secretary has not signed an agreement de- (c) UPDATES.— the Indo-Pacific region; scribed in subsection (a)(2). (1) IN GENERAL.—In the case of an agreement (2) the Indo-Pacific region is— ‘‘(e) An agreement described in subsection between the United States and the Democratic (A) a strategically important region; and (a)(2) may not provide or otherwise constitute a People’s Republic of Korea, not later than 60 (B) critical to the interests of the United commitment for the introduction of the armed days after the date on which the agreement is States; forces into hostilities.’’. reached, and every 90 days thereafter, the re- (3) the relationship between the United States (b) ANNUAL REPORTS.—Such section is further port required by subsection (a) shall be aug- and allies and partners in the Indo-Pacific re- amended by adding at the end the following mented by a written update. gion is essential for ensuring peace and security new subsection: (2) ELEMENTS.—Each written update under in the region; ‘‘(g) Not later than January 15 each year, the paragraph (1) shall include the following for the (4) interoperability between the United States Secretary shall submit to the appropriate com- preceding 90-day period: and allies in the Indo-Pacific region increases mittees of Congress a report on acquisition and (A) A description of the number of nuclear readiness and regional contingency response cross-servicing activities that sets forth, in de- weapons and ballistic missiles verifiably disman- time; tail, the following: tled, destroyed, rendered permanently unusable, (5) the United States should focus on expand- ‘‘(1) A list of agreements in effect pursuant to or transferred out of the Democratic People’s ing training with other allied nations and part- subsection (a)(1) during the preceding fiscal Republic of Korea. ners in the Indo-Pacific region; year.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4131 ‘‘(2) The date on which each agreement listed trator of the United States Agency for Inter- in the specified foreign area in order to main- under paragraph (1) was signed, and, in the national Development and the Director of the tain or improve stability. case of an agreement with a country that is not Office of Management and Budget, provide sup- (5) Other matters as the Secretary considers to a member of the North Atlantic Treaty Organi- port for the stabilization activities of other Fed- be appropriate. zation, the date on which the Secretary notified eral agencies specified under subsection (c). (g) USE OF FUNDS.— Congress pursuant to subsection (b)(2) of the (b) DESIGNATION OF FOREIGN AREAS.— (1) SOURCE OF FUNDS.—Amounts for activities designation of such country under subsection (1) IN GENERAL.—Amounts authorized to be carried out under this section in a fiscal year (a). provided pursuant to this section shall be avail- shall be derived only from amounts authorized ‘‘(3) The total dollar amount and major cat- able only for support for stabilization activi- to be appropriated for such fiscal year for the egories of logistic support, supplies, and services ties— Department of Defense for Operation and Main- provided during the preceding fiscal year under (A) in a country specified in paragraph (2); tenance, Defense-wide. each such agreement. and (2) LIMITATION.—Not more than $25,000,000 in ‘‘(4) The total dollar amount and major cat- (B) that the Secretary of Defense, with the each fiscal year is authorized to be used to pro- egories of reciprocal provisions of logistic sup- concurrence of the Secretary of State, has deter- vide support under this section. port, supplies, and services received under each mined are in the national security interest of the (h) EXPIRATION.—The authority provided such agreement. United States. under this section may not be exercised after ‘‘(5) With respect to the calendar year during (2) SPECIFIED COUNTRIES.—The countries spec- September 30, 2020. which the report is submitted, an assessment of ified in this paragraph are as follows: (i) DEFINITIONS.—In this section: the following: (A) Iraq. (1) APPROPRIATE COMMITTEES OF CONGRESS.— ‘‘(A) The anticipated logistic support, sup- (B) Syria. The term ‘‘appropriate committees of Congress’’ plies, and services requirements of the United (C) Afghanistan. means— States. (D) Somalia. (A) the Committee on Armed Services and the (c) SUPPORT TO OTHER AGENCIES.— ‘‘(B) The anticipated requirements of other Committee on Foreign Relations of the Senate; (1) IN GENERAL.—Support may be provided for countries for United States logistic support, sup- and stabilization activities under subsection (a) to plies, and services.’’. (B) the Committee on Armed Services and the the Department of State, the United States (c) DEFINITIONS.—Such section is further Committee on Foreign Affairs of the House of Agency for International Development, or other amended— Representatives. Federal agencies, on a reimbursable or nonreim- (1) in subsection (b)(2), by striking ‘‘the Com- (2) LOGISTIC SUPPORT, SUPPLIES, AND SERV- bursable basis. mittee on Armed Services’’ the first place it ap- ICES.—The term ‘‘logistic support, supplies, and (2) TYPE OF SUPPORT.—Support under sub- pears and all that follows through ‘‘the House services’’ has the meaning given the term in sec- section (a) may consist of— tion 2350(1) of title 10 United States Code. of Representatives’’ and inserting ‘‘the appro- (A) logistic support, supplies, and services; priate committees of Congress’’; and and SEC. 1265. ENHANCEMENT OF U.S.-ISRAEL DE- FENSE COOPERATION. (2) by adding at the end the following new (B) equipment. (a) EXTENSION OF WAR RESERVES STOCKPILE subsection: (d) REQUIREMENT FOR A STABILIZATION AUTHORITY.—Section 12001(d) of the Department ‘‘(h) In this section, the term ‘appropriate STRATEGY.— committees of Congress’ means— (1) LIMITATION.—With respect to any country of Defense Appropriations Act, 2005 (Public Law ‘‘(1) the Committee on Armed Services and the specified in subsection (b)(2), no amount of sup- 108–287; 118 Stat. 1011) is amended by striking Committee on Foreign Relations of the Senate; port may be provided under subsection (a) until ‘‘after September 30, 2018’’ and inserting ‘‘after and 15 days after the date on which the Secretary of September 30, 2023’’. ‘‘(2) the Committee on Armed Services and the Defense, with the concurrence of the Secretary (b) JOINT ASSESSMENT OF QUANTITY OF PRECI- Committee on Foreign Affairs of the House of of State, submits to the appropriate committees SION GUIDED MUNITIONS FOR USE BY ISRAEL.— Representatives.’’. of Congress a detailed report setting forth a sta- (1) IN GENERAL.—The President, acting SEC. 1262. EXTENSION OF AUTHORITY FOR bilization strategy for such country. through the Secretary of State and the Sec- TRANSFER OF AMOUNTS FOR GLOB- (2) ELEMENTS OF DETERMINATION.—The sta- retary of Defense, is authorized to conduct a AL ENGAGEMENT CENTER. bilization strategy required by paragraph (1) joint assessment with the Government of Israel Section 1287(e)(1) of the National Defense Au- shall set forth the following: with respect to the matters described in para- thorization Act for Fiscal Year 2017 (Public Law (A) The United States interests in conducting graph (2). 114–328; 130 Stat. 2546; 22 U.S.C. 2656 note) is stabilization activities in the country specified (2) MATTERS DESCRIBED.—The matters de- amended— in subsection (b)(2). scribed in this paragraph are the following: (1) in subparagraph (A), by striking ‘‘and’’ at (B) The key foreign partners and actors in (A) The quantity and type of precision guided the end; such country. munitions that are necessary for Israel to com- (2) in subparagraph (B), by striking the period (C) The desired end states and objectives of bat Hezbollah in the event of a sustained armed at the end and inserting ‘‘; and’’; and the United States stabilization activities in such confrontation between Israel and Hezbollah. (3) by adding at the end the following new country. (B) The quantity and type of precision guided subparagraph: (D) The Department of Defense support in- munitions that are necessary for Israel in the ‘‘(C) for fiscal year 2019 are less than tended to be provided for the stabilization ac- event of a sustained armed confrontation with $80,000,000, the Secretary of Defense is author- tivities of other Federal agencies under section other armed groups and terrorist organizations ized to transfer, from amounts authorized to be (a). such as Hamas. appropriated by an Act authorizing funds for (E) Any mechanism for civil-military coordi- (C) The resources the Government of Israel the Department of Defense for fiscal year 2019, nation regarding support for stabilization ac- plans to dedicate to acquire such precision guid- to the Secretary of State an amount, not to ex- tivities. ed munitions. ceed $60,000,000, to be available to carry out the (F) The mechanisms for monitoring and evalu- (D) United States planning to assist Israel to functions of the Center for fiscal year 2019.’’. ating the effectiveness of Department of Defense prepare for sustained armed confrontations de- SEC. 1263. SENSE OF SENATE ON PURCHASE BY support for United States stabilization activities scribed in this subsection as well as the ability TURKEY OF S–400 AIR DEFENSE SYS- in the area. of the United States to resupply Israel in the TEM. (e) REQUIREMENT FOR GUIDANCE.—No amount event of confrontations described in subpara- It is the sense of the Senate that if the Repub- of support may be provided under subsection (a) graphs (A) and (B), if any. lic of Turkey purchases the S–400 air defense until 30 days after the date on which the Sec- (3) REPORT.— system from the Russian Federation— retary of Defense submits to the appropriate (A) IN GENERAL.—Not later than 15 days after (1) such purchase would constitute a signifi- committees of Congress written guidance for the the date on which the joint assessment author- cant transaction within the meaning of section design, implementation, monitoring, and evalua- ized under paragraph (1) is completed, the 231(a) of the Countering Russian Influence in tion of support provided under that subsection. President shall submit to the appropriate con- Europe and Eurasia Act of 2017 (title II of Pub- (f) REPORT.—The Secretary of Defense, with gressional committees a report that contains the lic Law 115–44; 22 U.S.C. 9525(a)); and the concurrence of the Secretary of State, shall joint assessment. (2) the President should faithfully execute submit to the appropriate committees of Con- (B) FORM.—The report required under sub- that Act by imposing and applying sanctions gress on an annual basis a report that includes paragraph (A) shall be submitted in classified under section 235 of that Act (22 U.S.C. 9529) the following: form, but may contain an unclassified summary. with respect to any individual or entity deter- (1) The identification of each foreign area (C) APPROPRIATE CONGRESSIONAL COMMITTEES mined to have engaged in such significant within countries specified in subparagraph DEFINED.—In this paragraph, the term ‘‘appro- transaction as if such person were a sanctioned (b)(2) for which support to stabilization has oc- priate congressional committees’’ means— person for purposes of such section 235. curred. (i) the Committee on Foreign Relations and SEC. 1264. DEPARTMENT OF DEFENSE SUPPORT (2) The total amount spent by the Department the Committee on Armed Services of the Senate; FOR STABILIZATION ACTIVITIES IN of Defense, broken out by recipient Federal and NATIONAL SECURITY INTEREST OF agency and activity. (ii) the Committee on Foreign Affairs and the THE UNITED STATES. (3) An assessment of the contribution of each Committee on Armed Services of the House of (a) IN GENERAL.—The Secretary of Defense activity toward greater stability. Representatives. may, with the concurrence of the Secretary of (4) An articulation of any plans for continued (c) MODIFICATION OF RAPID ACQUISITION AND State and in consultation with the Adminis- Department of Defense support to stabilization DEPLOYMENT PROCEDURES.—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00121 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4132 CONGRESSIONAL RECORD — SENATE June 19, 2018

(1) REQUIREMENT TO ESTABLISH PROCE- Arabia to undertake such effort, measures, or (f) FORM OF CERTIFICATIONS.—The certifi- DURES.—Section 806(a) of the Bob Stump Na- actions; and cations required under subsections (c) and (d) tional Defense Authorization Act for Fiscal (iv) a detailed justification for the waiver. shall be written, detailed, and submitted in un- Year 2003 (10 U.S.C. 2302 note; Public Law 107– (b) REPORTING REQUIREMENT.—Not later than classified form. 314) is amended— 30 days after the date of the enactment of this (g) STRATEGY REQUIRED.—Not later than 90 (A) in paragraph (1)(C), by striking ‘‘; and’’; Act, the President or the President’s designee days after the date of the enactment of this Act, (B) in paragraph (2), by striking the period at shall provide a briefing to the appropriate com- the Secretary of State, in coordination with the the end and inserting ‘‘; and’’; and mittees of Congress including, at a minimum— Secretary of Defense and the Administrator of (C) by adding at the end the following new (1) a description of Saudi Arabia and the the United States Agency for International De- paragraph: United Arab Emirates’ military and political ob- velopment, shall submit to the appropriate com- ‘‘(3) urgently needed to support production of jectives in Yemen and whether United States as- mittees of Congress an unclassified report listing precision guided munitions— sistance to the Saudi-led coalition has resulted United States objectives in Yemen and detailing ‘‘(A) for the United States to meet require- in significant progress towards meeting those a strategy to accomplish those objectives. The ments; or objectives; report shall be unclassified but may include a ‘‘(B) to assist an ally of the United States (2) a description of efforts by the Government classified annex. under direct missile threat from— of Saudi Arabia to avoid disproportionate harm (h) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(i) an organization the Secretary of State to civilians and civilian objects in Yemen, and DEFINED.—In this section, the term ‘‘appro- has designated as a foreign terrorist organiza- an assessment of whether United States assist- priate committees of Congress’’ means— tion pursuant to section 219 of the Immigration ance to the Saudi-led coalition has led to a de- (1) the Committee on Foreign Relations, the and Nationality Act (8 U.S.C. 1189); or monstrable decrease in civilians killed or injured Committee on Armed Services, and the Com- ‘‘(ii) a country the government of which the by Saudi-led airstrikes and damage to civilian mittee on Appropriations of the Senate; and Secretary of State has determined, for purposes infrastructure; (2) the Committee on Foreign Affairs, the of section 6(j) of the Export Administration Act (3) an assessment of the United Nations Committee on Armed Services, and the Com- of 1979 (50 U.S.C. 4605(j)) (as in effect pursuant Verification and Inspection Mechanism mittee on Appropriations of the House of Rep- to the International Emergency Economic Pow- (UNVIM) in Yemen and an assessment of the resentatives. ers Act), section 620A of the Foreign Assistance need for existing secondary inspection and SEC. 1267. SENSE OF SENATE ON SUPPORT FOR Act of 1961 (22 U.S.C. 2371), section 40 of the clearance processes and transshipment require- G5 SAHEL JOINT FORCE COUNTRIES. Arms Export Control Act (22 U.S.C. 2780), or ments on humanitarian and commercial vessels It is the sense of the Senate that the United any other provision of law, is a government that that have been cleared by UNVIM; States should— has repeatedly provided support for acts of (4) a description of the sources of external (1) work with partners and allies to disrupt international terrorism.’’. support for the Houthi forces, including finan- violent extremist organizations in the Sahel re- (2) PRESCRIPTION OF PROCEDURES.—Not later cial assistance, weapons transfers, operational gion that threaten United States security inter- than 180 days after the date of the enactment of planning, training, and advisory assistance; ests; this Act, the Secretary of Defense shall prescribe (5) an assessment of the applicability of (2) enhance cooperation with G5 Sahel Joint procedures for the rapid acquisition and deploy- United States and international sanctions to Force countries, which are— ment of supplies and associated support services Houthi forces that have committed grave human (A) Burkina Faso; for purposes described in paragraph (3) of sec- rights abuses, obstructed international aid, and (B) Mali; tion 806(a) of the Bob Stump National Defense launched ballistic missiles into Saudi territory, (C) Mauritania; Authorization Act for Fiscal Year 2003, as added and an assessment of the applicability of United (D) Niger; and by paragraph (1)(C). States and international sanctions to individ- (E) Chad; SEC. 1266. CERTIFICATIONS REGARDING ACTIONS uals or entities providing the Houthi forces with (3) continue to support the efforts of each G5 BY SAUDI ARABIA IN YEMEN. material support; and Sahel Joint Force country— (a) RESTRICTION.— (6) an assessment of the effect of the Saudi-led (A) to improve security along the respective (1) IN GENERAL.—Subject to paragraph (2), if coalition’s military operations in Yemen on the borders of each country through the cooperation the Secretary of State is unable under sub- efforts of the United States to defeat al Qaeda and deployment of joint patrols to interdict the section (c) or (d) to certify that the Government in the Arabian Peninsula and the Islamic State cross-border flows of illicit trafficking and vio- of Saudi Arabia is undertaking the effort, meas- of Iraq and the Levant. lent extremist groups; ures, and actions described in paragraphs (1), (c) INITIAL CERTIFICATION.—Not later than 30 (B) to address underlying sources of insta- (2), (3), and (4) of subsection (c), no Federal days after the date of the enactment of this Act, bility in each country through a whole-of-gov- funds may be obligated or expended after the the Secretary of State shall submit to the appro- ernment approach; and deadline for the applicable certification to pro- priate committees of Congress a certification in- (C) to build and sustain in each country— vide authorized in-flight refueling pursuant to dicating whether the Government of Saudi Ara- (i) an effective, accountable government; section 2342 of title 10, United States Code, or bia is undertaking— (ii) a capable and professional military; and other applicable statutory authority, of Saudi or (1) an urgent and good faith effort to support (iii) a healthy economy; and Saudi-led coalition non-United States aircraft diplomatic efforts to end the civil war in Yemen; (4) ensure that any assistance of the United conducting missions in Yemen, other than mis- (2) appropriate measures to alleviate the hu- States to a G5 Sahel Joint Force country is un- sions related to— manitarian crisis in Yemen by increasing access dertaken as a whole-of-government effort that (A) al Qaeda, al Qaeda in the Arabian Penin- for Yemenis to food, fuel, medicine, and medical balances all instruments of United States na- sula (AQAP), or the Islamic State in Iraq and evacuation, including through the appropriate tional power. Syria (ISIS); use of Yemen’s Red Sea ports, including the port SEC. 1268. SENSE OF CONGRESS ON BROADENING (B) countering the transport, assembly, or em- of Hudaydah, the airport in Sana’a, and exter- AND EXPANDING STRATEGIC PART- ployment of ballistic missiles or components in nal border crossings with Saudi Arabia; NERSHIPS AND ALLIES. Yemen; (3) appropriate actions to reduce any unneces- It is the sense of Congress that— (C) helping coalition aircraft return safely to sary delays to shipments associated with sec- (1) the United States is an ally-rich country base in emergency situations; ondary inspection and clearance processes other and our potential competitors, such as Russia, (D) force protection of United States aircraft, than the United Nations Verification and In- China, and North Korea, are ally-poor coun- ships, or personnel; or spections Mechanism (UNVIM); and tries; (E) freedom of navigation for United States (4) demonstrable actions to reduce the risk of (2) United States allies and partners are crit- military and international commerce. harm to civilians and civilian infrastructure re- ical to defending peace and prosperity through- (2) WAIVER.—The Secretary may waive the re- sulting from its military operations in Yemen, out the world; striction in paragraph (1) with respect to a par- including by— (3) the rules-based international order sup- ticular certification if the Secretary— (A) complying with applicable agreements and ported by the United States and its allies has (A) certifies to the appropriate committees of laws regulating defense articles purchased or ensured, and will continue to promote, an inter- Congress that the waiver is in the national secu- transferred from the United States; and national system that benefits all nations; rity interests of the United States; and (B) taking appropriate steps to avoid dis- (4) throughout the world, the United States (B) submits to the appropriate committees of proportionate harm to civilians and civilian in- will continue to foster relationships with coun- Congress a report, in written and unclassified frastructure. tries with like minds and beliefs; form, setting forth— (d) SUBSEQUENT CERTIFICATIONS.—Not later (5) as the United States manages multiple (i) the effort in subsection (c)(1), measures in than 180 and 360 days after the date of the en- strategic challenges, the enduring strength of subsection (c)(2), or actions in subsections (c)(3) actment of this Act, the Secretary of State shall the United States remains in alliances such as or (c)(4), or combination thereof, about which submit to the appropriate committees of Con- the North Atlantic Treaty Organization, the Rio the Secretary is unable to make the certifi- gress a certification indicating whether the Gov- Treaty, and mutual defense treaties with Japan, cation; ernment of Saudi Arabia is undertaking the ef- the Republic of Korea, Australia, the Phil- (ii) a detailed explanation why the Secretary fort, measures, and actions described in para- ippines, and Thailand; is unable to make the certification about such graphs (1), (2), (3), and (4) of subsection (c). (6) the resolve of the United States remains as effort, measures, or actions; (e) RULE OF CONSTRUCTION.—Nothing in this strong as ever to forge new alliances and part- (iii) a description of the actions the Secretary section may be construed as authorizing the use nerships with countries in order to jointly to is taking to encourage the Government of Saudi of military force. work with one another on shared challenges in

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4133 Europe, the Indo-Pacific and throughout the SEC. 1270. INCREASE IN MINIMUM AMOUNT OF year 2019 for expenses, not otherwise provided world; OBLIGATIONS FROM THE SPECIAL for, for Drug Interdiction and Counter-Drug Ac- DEFENSE ACQUISITION FUND FOR tivities, Defense-wide, as specified in the fund- (7) the United States will continue to invest in PRECISION GUIDED MUNITIONS. critical capabilities, build a force posture that ing table in section 4501. (a) INCREASE.—Section 114(c)(3) of title 10, decreases the vulnerabilities of the United States SEC. 1404. DEFENSE INSPECTOR GENERAL. United States Code, is amended by striking ‘‘20 and increases resiliency, all of which will help Funds are hereby authorized to be appro- percent’’ and inserting ‘‘25 percent’’. reassure the allies and partners of the United priated for the Department of Defense for fiscal (b) EFFECTIVE DATE.—The amendment made year 2019 for expenses, not otherwise provided States; by subsection (a) shall take effect on October 1, for, for the Office of the Inspector General of (8) the United States will encourage allies and 2018, and shall apply with respect to fiscal years the Department of Defense, as specified in the partners to be full and cooperative partners in beginning on and after that date. their own defense and the defense of the free funding table in section 4501. TITLE XIII—COOPERATIVE THREAT and open international order; and SEC. 1405. DEFENSE HEALTH PROGRAM. REDUCTION (9) the United States will continue to deepen Funds are hereby authorized to be appro- and expand alliances, especially in the Indo-Pa- SEC. 1301. SPECIFICATION OF COOPERATIVE priated for fiscal year 2019 for the Defense THREAT REDUCTION FUNDS. cific, and will take no ally for granted. Health Program, as specified in the funding (a) FISCAL YEAR 2019 COOPERATIVE THREAT table in section 4501, for use of the Armed Forces SEC. 1269. REMOVAL OF TURKEY FROM THE F–35 REDUCTION FUNDS DEFINED.—In this title, the PROGRAM. and other activities and agencies of the Depart- term ‘‘fiscal year 2019 Cooperative Threat Re- ment of Defense in providing for the health of (a) FINDINGS.—Congress makes the following duction funds’’ means the funds appropriated eligible beneficiaries. findings: pursuant to the authorization of appropriations Subtitle B—National Defense Stockpile (1) The Government of the Republic of Turkey in section 301 and made available by the fund- continues to unlawfully and wrongfully detain ing table in section 4301 for the Department of SEC. 1411. CONSOLIDATION OF REPORTING RE- Defense Cooperative Threat Reduction Program QUIREMENTS UNDER THE STRA- Andrew Brunson, a United States citizen, and TEGIC AND CRITICAL MATERIALS continues to deny Mr. Brunson due process established under section 1321 of the Depart- STOCK PILING ACT. rights consistent with international norms. ment of Defense Cooperative Threat Reduction Section 11 of the Strategic and Critical Mate- (2) The Government of the Republic of Turkey Act (50 U.S.C. 3711). rials Stock Piling Act (50 U.S.C. 98h–2) is has wrongly charged Andrew Brunson with be- (b) AVAILABILITY OF FUNDS.—Funds appro- amended— longing to a terrorist organization and engaging priated pursuant to the authorization of appro- (1) in subsection (a), by striking ‘‘January 15 in terrorist activities. priations in section 301 and made available by of’’ and inserting ‘‘February 15’’; and (3) The Government of the Republic of Tur- the funding table in section 4301 for the Depart- (2) in subsection (b)— key, including the senior leadership of the gov- ment of Defense Cooperative Threat Reduction (A) in paragraph (1), by striking ‘‘Not later’’ ernment, bears direct responsibility for the Program shall be available for obligation for fis- and all that follows through ‘‘report con- health and safety of Andrew Brunson while he cal years 2019, 2020, and 2021. taining’’ and inserting ‘‘Each report under sub- remains in the custody of the Government of the SEC. 1302. FUNDING ALLOCATIONS. section (a) shall also include’’; and Republic of Turkey. Of the $335,240,000 authorized to be appro- (B) in paragraph (2)— (i) by striking ‘‘Each such report’’ in the first (4) Congress will not tolerate any foreign gov- priated to the Department of Defense for fiscal sentence and inserting ‘‘Each report under sub- ernment’s efforts to use United States citizens year 2019 in section 301 and made available by section (a) with respect to matters covered by for political leverage. the funding table in section 4301 for the Depart- ment of Defense Cooperative Threat Reduction this subsection’’; and (5) President Erdogan, along with other senior Program established under section 1321 of the (ii) by striking ‘‘Each such report’’ in the sec- officials of the Government of the Republic of Department of Defense Cooperative Threat Re- ond sentence and inserting ‘‘Each report under Turkey, have publicly and repeatedly stated the duction Act (50 U.S.C. 3711), the following subsection (a) with respect to such matters’’. intention of the Government of the Republic of amounts may be obligated for the purposes spec- Turkey to purchase the S–400 system from Rus- Subtitle C—Armed Forces Retirement Home ified: sia, an act that is sanctionable under current SEC. 1421. AUTHORIZATION OF APPROPRIATIONS (1) For strategic offensive arms elimination, United States law. FOR ARMED FORCES RETIREMENT $2,823,000. HOME. (6) Any effort by the Government of the Re- (2) For chemical weapons destruction, There is hereby authorized to be appropriated public of Turkey to further enhance their rela- $5,446,000. for fiscal year 2019 from the Armed Forces Re- tionship with Russia will degrade the general (3) For global nuclear security, $29,001,000. tirement Home Trust Fund the sum of security of the NATO alliance, and NATO mem- (4) For cooperative biological engagement, $64,300,000 for the operation of the Armed ber countries, and degrade interoperability of $197,585,000. Forces Retirement Home. the alliance. (5) For proliferation prevention, $74,937,000. SEC. 1422. EXPANSION OF ELIGIBILITY FOR RESI- (b) REPORT.—The Secretary of Defense shall (6) For activities designated as Other Assess- DENCE AT THE ARMED FORCES RE- submit to the appropriate congressional commit- ments/Administrative Costs, $25,448,000. TIREMENT HOME. tees a plan to remove the Government of the Re- TITLE XIV—OTHER AUTHORIZATIONS Section 1512 of the Armed Forces Retirement public of Turkey from participation in the F–35 Home Act of 1991 (24 U.S.C. 412) is amended to Subtitle A—Military Programs program, to include industrial and military as- read as follows: SEC. 1401. WORKING CAPITAL FUNDS. pects of the program. The plan shall include: ‘‘SEC. 1512. RESIDENTS OF RETIREMENT HOME. (1) steps required to unwind industrial partici- Funds are hereby authorized to be appro- ‘‘(a) PERSONS ELIGIBLE TO BE RESIDENTS.— pation of Turkish industry in the manufac- priated for fiscal year 2019 for the use of the Except as provided in subsection (b), the fol- turing and assembly of the F–35 program; Armed Forces and other activities and agencies lowing persons who served as members of the (2) costs associated with replacing tooling and of the Department of Defense for providing cap- Armed Forces, at least one-half of whose service other manufacturing materials held by Turkish ital for working capital and revolving funds, as was not active commissioned service (other than industry; specified in the funding table in section 4501. as a warrant officer or limited-duty officer), are (3) timelines associated with the removal of SEC. 1402. CHEMICAL AGENTS AND MUNITIONS eligible to become residents of the Retirement the Government of the Republic of Turkey and DESTRUCTION, DEFENSE. Home: Turkish industry from participation in the F–35 (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) Persons who are 60 years of age or over program, so as to cause the least impact on the Funds are hereby authorized to be appropriated and were discharged or released from service in remaining international program partners; and for the Department of Defense for fiscal year the Armed Forces after 20 or more years of ac- 2019 for expenses, not otherwise provided for, for (4) steps required to prohibit the transfer of tive service. Chemical Agents and Munitions Destruction, any F–35 aircraft currently owned and oper- ‘‘(2) Persons who are determined under rules Defense, as specified in the funding table in sec- ated, by the Government of the Republic of Tur- prescribed by the Chief Operating Officer to be tion 4501. key, from the territory of the United States. suffering from a service-connected disability in- (b) USE.—Amounts authorized to be appro- curred in the line of duty in the Armed Forces. (c) LIMITATION ON THE TRANSFER OF THE F–35 priated under subsection (a) are authorized ‘‘(3) Persons who served in a war theater dur- TO TURKEY.—The Department of Defense may for— ing a time of war declared by Congress or were not transfer the title for any F–35 aircraft to the (1) the destruction of lethal chemical agents eligible for hostile fire special pay under section Government of the Republic of Turkey, until and munitions in accordance with section 1412 310 or 351 of title 37, United States Code, and such time as the report identified in subsection of the Department of Defense Authorization who are determined under rules prescribed by (b) has been submitted. Act, 1986 (50 U.S.C. 1521); and the Chief Operating Officer to be suffering from (d) APPROPRIATE CONGRESSIONAL COMMITTEES (2) the destruction of chemical warfare mate- injuries, disease, or disability. DEFINED.—In this section, the term ‘‘appro- riel of the United States that is not covered by ‘‘(4) Persons who served in a women’s compo- priate congressional committees’’ means— section 1412 of such Act. nent of the Armed Forces before June 12, 1948, (1) the congressional defense committees; and SEC. 1403. DRUG INTERDICTION AND COUNTER- and are determined under rules prescribed by (2) the Committee on Foreign Relations of the DRUG ACTIVITIES, DEFENSE-WIDE. the Chief Operating Officer to be eligible for ad- Senate and the Committee on Foreign Affairs of Funds are hereby authorized to be appro- mission because of compelling personal cir- the House of Representatives. priated for the Department of Defense for fiscal cumstances.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4134 CONGRESSIONAL RECORD — SENATE June 19, 2018

‘‘(b) PERSONS INELIGIBLE TO BE RESIDENTS.— (b) OTHER RELIEF.—The Chief Operating Offi- fiscal year 2019 to provide additional funds for The following persons are ineligible to become a cer of the Armed Forces Retirement Home shall overseas contingency operations being carried resident of the Retirement Home: take all actions practicable to accommodate resi- out by the Armed Forces. ‘‘(1) A person who— dents of the Retirement Home who are impacted SEC. 1502. OVERSEAS CONTINGENCY OPER- ‘‘(A) has been convicted of a felony; or by the fee structure applicable to residents of ATIONS. ‘‘(B) was discharged or released from service the Retirement Home that takes effect on Octo- Funds are hereby authorized to be appro- in the Armed Forces under other than honorable ber 1, 2018, including through hardship relief, priated for fiscal year 2019 for the Department conditions. additional deductions from gross income, and of Defense for overseas contingency operations ‘‘(2) A person with substance abuse or mental other appropriate actions. in such amounts as may be designated as pro- health problems, except upon a judgment and SEC. 1426. LIMITATION ON APPLICABILITY OF FEE vided in section 251(b)(2)(A)(ii) of the Balanced satisfactory determination by the Chief Oper- INCREASE FOR RESIDENTS OF THE Budget and Emergency Deficit Control Act of ating Officer that— ARMED FORCES RETIREMENT HOME. 1985 (2 U.S.C. 901(b)(2)(A)(ii)). ‘‘(A) the person has been evaluated by a In the case of an individual who was a resi- SEC. 1503. PROCUREMENT. qualified health professional selected by the Re- dent of the Armed Forces Retirement Home as of Funds are hereby authorized to be appro- tirement Home; April 9, 2018, the increase in fees pursuant to ‘‘(B) the Retirement Home can accommodate priated for fiscal year 2019 for procurement ac- the increase in fees for residents of the Home counts for the Army, the Navy and the Marine the person’s condition; and scheduled to take effect on October 1, 2018, may ‘‘(C) the person agrees to such conditions of Corps, the Air Force, and Defense-wide activi- not exceed an amount equal to 50 percent of the residency as the Retirement Home may require. ties, as specified in the funding table in section fees payable by such individual as such a resi- ‘‘(c) ACCEPTANCE.—To apply for acceptance as 4102. dent as of April 9, 2018. a resident of a facility of the Retirement Home, SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND a person eligible to be a resident shall submit to Subtitle D—Other Matters EVALUATION. the Administrator of that facility an application SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS Funds are hereby authorized to be appro- in such form and containing such information TO JOINT DEPARTMENT OF DE- priated for fiscal year 2019 for the use of the De- as the Chief Operating Officer may require. FENSE-DEPARTMENT OF VETERANS partment of Defense for research, development, ‘‘(d) PRIORITIES FOR ACCEPTANCE.—The Chief AFFAIRS MEDICAL FACILITY DEM- test, and evaluation, as specified in the funding Operating Officer shall establish a system of pri- ONSTRATION FUND FOR CAPTAIN table in section 4202. JAMES A. LOVELL HEALTH CARE SEC. 1505. OPERATION AND MAINTENANCE. orities for the acceptance of residents so that the CENTER, ILLINOIS. Funds are hereby authorized to be appro- most deserving applicants will be accepted (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of priated for fiscal year 2019 for the use of the whenever the number of eligible applicants is the funds authorized to be appropriated by sec- Armed Forces and other activities and agencies greater than the Retirement Home can accom- tion 1405 and available for the Defense Health of the Department of Defense for expenses, not modate. Program for operation and maintenance, ‘‘(e) SPOUSES OF RESIDENTS.— otherwise provided for, for operation and main- $113,000,000 may be transferred by the Secretary ‘‘(1) AUTHORITY TO ADMIT.—Except as other- tenance, as specified in the funding table in sec- of Defense to the Joint Department of Defense- wise established pursuant to subsection (d), the tion 4302. Department of Veterans Affairs Medical Facility spouse of a person accepted as a resident of a Demonstration Fund established by subsection SEC. 1506. MILITARY PERSONNEL. facility of the Retirement Home may be admitted (a)(1) of section 1704 of the National Defense Funds are hereby authorized to be appro- to that facility if the spouse— priated for fiscal year 2019 for the use of the ‘‘(A) is a covered beneficiary within the mean- Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of sub- Armed Forces and other activities and agencies ing of section 1072(5) of title 10, United States of the Department of Defense for expenses, not Code; section (a)(2) of such section 1704, any funds so transferred shall be treated as amounts author- otherwise provided for, for military personnel, ‘‘(B) is not ineligible to become a resident as as specified in the funding table in section 4402. provided in subsection (b); and ized and appropriated specifically for the pur- ‘‘(C) submits an application for admittance in pose of such a transfer. SEC. 1507. WORKING CAPITAL FUNDS. Funds are hereby authorized to be appro- accordance with subsection (c). (b) USE OF TRANSFERRED FUNDS.—For the ‘‘(2) TREATMENT AS RESIDENT.—A spouse ad- purposes of subsection (b) of such section 1704, priated for fiscal year 2019 for the use of the mitted in accordance with paragraph (1) shall facility operations for which funds transferred Armed Forces and other activities and agencies be a resident of the Retirement Home consistent under subsection (a) may be used are operations of the Department of Defense for providing cap- with this Act, except as the Chief Operating Of- of the Captain James A. Lovell Federal Health ital for working capital and revolving funds, as ficer may otherwise provide.’’. Care Center, consisting of the North Chicago specified in the funding table in section 4502. SEC. 1423. OVERSIGHT OF HEALTH CARE PRO- Veterans Affairs Medical Center, the Navy Am- SEC. 1508. DRUG INTERDICTION AND COUNTER- VIDED TO RESIDENTS OF THE bulatory Care Center, and supporting facilities DRUG ACTIVITIES, DEFENSE-WIDE. ARMED FORCES RETIREMENT HOME. designated as a combined Federal medical facil- Funds are hereby authorized to be appro- Section 1513A(c) of the Armed Forces Retire- ity under an operational agreement covered by priated for the Department of Defense for fiscal ment Home Act of 1991 (24 U.S.C. 413a(c)) is section 706 of the Duncan Hunter National De- year 2019 for expenses, not otherwise provided amended— fense Authorization Act for Fiscal Year 2009 for, for Drug Interdiction and Counter-Drug Ac- (1) by striking paragraph (1) and inserting the (Public Law 110–417; 122 Stat. 4500). tivities, Defense-wide, as specified in the fund- following new paragraph (1): SEC. 1432. ECONOMICAL AND EFFICIENT OPER- ing table in section 4502. ‘‘(1) Facilitate and monitor the timely avail- ATION OF WORKING CAPITAL FUND SEC. 1509. DEFENSE INSPECTOR GENERAL. ability to residents of the Retirement Home such ACTIVITIES. Funds are hereby authorized to be appro- medical, mental health, and dental care services Section 2208(e) of title 10, United States Code, priated for the Department of Defense for fiscal as such residents may require at locations other is amended— year 2019 for expenses, not otherwise provided than the Retirement Home.’’; and (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and for, for the Office of the Inspector General of (2) in paragraph (2), by striking ‘‘Ensure’’ (2) by adding at the end the following new the Department of Defense, as specified in the and inserting ‘‘Monitor’’. paragraph: funding table in section 4502. SEC. 1424. MODIFICATION OF AUTHORITY ON AC- ‘‘(2) The accomplishment of the most economi- SEC. 1510. DEFENSE HEALTH PROGRAM. CEPTANCE OF GIFTS FOR THE cal and efficient organization and operation of Funds are hereby authorized to be appro- ARMED FORCES RETIREMENT HOME. working capital fund activities for the purposes priated for the Department of Defense for fiscal Paragraph (1) of section 1515(f) of the Armed of paragraph (1) shall include actions toward year 2019 for expenses, not otherwise provided Forces Retirement Home Act of 1991 (24 U.S.C. the following: for, for the Defense Health Program, as speci- 415(f)) is amended to read as follows: ‘‘(A) The implementation of a workload plan fied in the funding table in section 4502. ‘‘(1) The Chief Operating Officer may accept, that optimizes the efficiency of the workforce Subtitle B—Financial Matters receive, solicit, hold, administer, and use any operating within a working capital fund activ- gift, devise, or bequest, either absolutely or in ity and reduces the rate structure. SEC. 1521. TREATMENT AS ADDITIONAL AUTHOR- trust, of real or personal property, or any in- ‘‘(B) Encouraging a working capital fund ac- IZATIONS. come therefrom or other interest therein, for the tivity to perform reimbursable work for other en- The amounts authorized to be appropriated by benefit of the Retirement Home.’’. tities to sustain the efficient use of the work- this title are in addition to amounts otherwise SEC. 1425. RELIEF FOR RESIDENTS OF THE force. authorized to be appropriated by this Act. ARMED FORCES RETIREMENT HOME ‘‘(C) Determining the appropriate leadership SEC. 1522. SPECIAL TRANSFER AUTHORITY. IMPACTED BY INCREASE IN FEES. level for approving work from outside entities to (a) AUTHORITY TO TRANSFER AUTHORIZA- (a) PROHIBITION ON REMOVAL FOR INABILITY maximize efficiency.’’. TIONS.— TO PAY FEE INCREASE.—A resident of the Armed (1) AUTHORITY.—Upon determination by the TITLE XV—AUTHORIZATION OF ADDI- Forces Retirement Home as of September 30, Secretary of Defense that such action is nec- TIONAL APPROPRIATIONS FOR OVER- 2018, may not be removed or released from the essary in the national interest, the Secretary SEAS CONTINGENCY OPERATIONS Retirement Home after that date based solely may transfer amounts of authorizations made upon the inability of the resident to pay the Subtitle A—Authorizations of Appropriations available to the Department of Defense in this amount of any increase in fees applicable to SEC. 1501. PURPOSE. title for fiscal year 2019 between any such au- residents of the Retirement Home that takes ef- The purpose of this subtitle is to authorize ap- thorizations for that fiscal year (or any subdivi- fect on October 1, 2018. propriations for the Department of Defense for sions thereof). Amounts of authorizations so

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4135 transferred shall be merged with and be avail- partment or agency of the United States Govern- (i) to defend against aggressive behavior in able for the same purposes as the authorization ment other than the Department of Defense; and space at all levels of conflict; to which transferred. (ii) a description of the training, equipment, (ii) to defeat any adversary that demonstrates (2) LIMITATION.—The total amount of author- supplies, or services proposed to be supplied. aggressive behavior in space at all levels of con- izations that the Secretary may transfer under (D) An evaluation of the effectiveness of the flict; the authority of this subsection may not exceed efforts of such foreign country to counter the (iii) to deter aggressive behavior in space at $3,500,000,000. flow of improvised explosive device precursor all levels of conflict; and (b) TERMS AND CONDITIONS.—Transfers under chemicals. (iv) to develop a declassification strategy, if this section shall be subject to the same terms (E) An overall plan for countering the flow of required to demonstrate deterrence. and conditions as transfers under section 1001. precursor chemicals in such foreign country. (E) The effectiveness and efficiency of the na- (c) ADDITIONAL AUTHORITY.—The transfer au- (4) EXPIRATION.—The authority provided by tional security space enterprise to rapidly re- thority provided by this section is in addition to this subsection expires on December 31, 2019. search, develop, acquire, and deploy space ca- the transfer authority provided under section TITLE XVI—STRATEGIC PROGRAMS, pabilities and capacities— (i) to deter and defend United States national 1001. CYBER, AND INTELLIGENCE MATTERS security space assets; and Subtitle C—Other Matters Subtitle A—Space Activities (ii) to respond to any new threat to such SEC. 1531. JOINT IMPROVISED-THREAT DEFEAT SEC. 1601. MODIFICATIONS TO SPACE RAPID CA- space assets. ORGANIZATION. PABILITIES OFFICE. (F) The current organizational structure of (a) USE AND TRANSFER OF FUNDS.— Section 2273a of title 10, United States Code, is the national security space enterprise with re- (1) IN GENERAL.—Subsections (b) and (c) of amended— spect to roles, responsibilities, and authorities. section 1514 of the John Warner National De- (1) in subsection (a), by striking ‘‘joint’’; (G) Any emerging space threat the Secretary fense Authorization Act for Fiscal Year 2007 (2) in subsection (b), in the first sentence, by expects the United States to confront during the (Public Law 109–364; 120 Stat. 2439), as in effect striking ‘‘Department of Defense Executive 10-year period beginning on the date of the en- before the amendments made by section 1503 of Agent for Space’’ and inserting ‘‘Secretary of actment of this Act. the Duncan Hunter National Defense Author- the Air Force’’; (H) Such other matters as the Secretary con- ization Act for Fiscal Year 2009 (Public Law (3) in subsection (c)— siders appropriate. 110–417; 122 Stat. 4649), shall apply to amounts (A) in paragraph (1), by striking ‘‘; and’’ and (2) REPORT.— made available for fiscal year 2019 for the De- inserting a semicolon; (A) IN GENERAL.—Not later than March 29, partment of Defense for the Joint Improvised- (B) in paragraph (2), by striking the period at 2019, the Secretary shall submit to the congres- Threat Defeat Organization. the end and inserting ‘‘; and’’; and sional defense committees a report on the find- (2) REFERENCES TO JOINT IMPROVISED EXPLO- (C) by adding at the end the following new ings of the review under paragraph (1). SIVE DEVICE DEFEAT FUND.—In the application paragraph: (B) FORM.—The report under subparagraph of paragraph (1) to the use of funds described in ‘‘(3) to rapidly develop and field new classi- (A) shall be submitted in unclassified form, but that paragraph in fiscal year 2019, any ref- fied space capabilities.’’; and may include a classified annex. erence in the subsections referred to in that (4) by striking subsections (d) through (g) and SEC. 1603. REPORT ON ENHANCEMENTS TO THE paragraph to the Joint Improvised Explosive De- inserting the following new subsections (d) GLOBAL POSITIONING SYSTEM vice Defeat Fund shall be deemed to be a ref- through (f): OPERATIONAL CONTROL SEGMENT. erence to the Joint Improvised-Threat Defeat ‘‘(d) ACQUISITION AUTHORITY.—The acquisi- (a) IN GENERAL.—Not later than one year Organization. tion activities of the Office shall be subject to after the date of the enactment of this Act, the (b) INTERDICTION OF IMPROVISED EXPLOSIVE the following: Secretary of Defense shall submit to the congres- DEVICE PRECURSOR CHEMICALS.— ‘‘(1) The Secretary of the Air Force shall des- sional defense committees a report that identi- (1) AVAILABILITY OF FUNDS.—Of the amounts ignate the acquisition executive of the Office, fies whether the current Global Positioning Sys- authorized to be appropriated for fiscal year who shall provide streamlined acquisition au- tem Operational Control Segment (OCS) can be 2019 for the Department of Defense by this Act thority for any project of the Office. incrementally improved to achieve capabilities for the Joint Improvised-Threat Defeat Organi- ‘‘(2) The Joint Capabilities Integration and similar to the Next Generation Operational Con- zation, $15,000,000 may be made available to the Development System process shall not apply to trol Segment (OCX) used to operate the Global Secretary of Defense, with the concurrence of any acquisition by the Office. Positioning System III. the Secretary of State, to provide training, ‘‘(3) The Joint Force Space Component of the (b) ELEMENTS.—The report required under equipment, supplies, and services to ministries United States Strategic Command shall estab- subsection (a) shall include the following ele- and other entities of foreign governments that lish, validate, and prioritize program require- ments: the Secretary of Defense has identified as crit- ments. (1) A cybersecurity review of both OCS and ical for countering the flow of improvised explo- ‘‘(e) REQUIRED PROGRAM ELEMENT.— OCX to determine the specific cybersecurity im- sive device precursor chemicals. ‘‘(1) The Secretary of the Air Force shall en- provements needed to operate the system (2) PROVISION THROUGH OTHER UNITED STATES sure, within budget program elements for space through 2030, including— AGENCIES.—If jointly agreed upon by the Sec- programs, that— (A) the cybersecurity improvements to OCS retary of Defense and the head of another de- ‘‘(A) there are separate, dedicated program needed to match the cybersecurity capabilities partment or agency of the United States Govern- elements for unclassified and classified activities that OCX is intended to provide; ment, the Secretary of Defense may transfer relating to space rapid capabilities; and (B) any additional OCS cybersecurity protec- amounts made available under paragraph (1) to ‘‘(B) the Office executes the responsibilities of tions needed beyond those OCX is intended to such department or agency for the provision by the Office through those program elements. provide; and (C) any additional OCX cybersecurity protec- such department or agency of training, equip- ‘‘(2) The Office shall manage the program ele- tions needed beyond those for which OCX is ment, supplies, and services to ministries and ments required by paragraph (1). currently contracted. other entities of foreign governments as de- ‘‘(f) BOARD OF DIRECTORS.—The Secretary of (2) An incremental development plan for OCS, scribed in that paragraph. the Air Force shall establish for the Office a including— Board of Directors (to be known as the ‘Space (3) NOTICE TO CONGRESS.—None of the funds (A) the number of additional incremental up- Rapid Capabilities Board of Directors’) to pro- made available under paragraph (1) may be ob- grades needed to achieve capabilities similar to vide coordination, oversight, and approval of ligated or expended to supply training, equip- OCX, including a discussion of— ment, supplies, or services to a foreign country projects for the Office.’’. (i) any additional capabilities needed; before the date that is 15 days after the date on SEC. 1602. SPACE WARFIGHTING POLICY AND RE- (ii) the specific capabilities in each upgrade; which the Secretary of Defense, in coordination VIEW OF SPACE CAPABILITIES. (iii) the duration of each upgrade; and with the Secretary of State, has submitted to the (a) SPACE WARFIGHTING POLICY.—Not later (iv) a full schedule to complete all upgrades; congressional defense committees, the Committee than March 29, 2019, the Secretary of Defense (B) the estimated cost for each incremental on Foreign Relations of the Senate, and the shall develop a space warfighting policy. OCS upgrade; and Committee on Foreign Affairs of the House of (b) REVIEW OF SPACE CAPABILITIES.— (C) the total estimated cost across fiscal years Representatives a notice that includes each of (1) IN GENERAL.—The Secretary shall conduct for all OCS upgrades to achieve capabilities the following: a review relating to the national security space similar to OCX and any additional capabilities. (A) The name of the foreign country for which enterprise that evaluates the following: (3) The date by which the Department of De- training, equipment, supplies, or services are (A) The resiliency of the national security fense would have to begin contracting for each proposed to be supplied. space enterprise with respect to a conflict. incremental OCS upgrade to ensure availability (B) A description of the training, equipment, (B) The ability of the national security space of OCS for the Global Positioning System III. supplies, and services to be provided to such for- enterprise to attribute an attack on a space sys- (4) A comparison of current improvements to eign country using such funds. tem in a timely manner. OCS that are underway, and additional OCS in- (C) A detailed description of the amounts pro- (C) The ability of the United States— cremental improvements described under para- posed to be obligated or expended to supply such (i) to resolve a conflict in space; and graph 2, to the program of record OCX capabili- training, equipment, supplies, or services, in- (ii) to determine the material means by which ties, including— cluding— such conflict may be resolved. (A) the acquisition and sustainment cost by (i) any amounts proposed to be obligated or (D) The ability of the national security space fiscal year through fiscal year 2030 for OCS and expended to support the participation of a de- enterprise— OCX;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4136 CONGRESSIONAL RECORD — SENATE June 19, 2018 (B) a comparison schedule between OCS (in- tivity, and future technology research project of (ii) the identification, in writing, for the De- cluding incremental improvements described the Department of Defense being carried out on partment elements concerned of the resources under paragraph 2) and OCX that identifies the the International Space Station as of that date; anticipated to be needed and source of such re- delivery dates and capability delivered; and and sources within the future-years defense program (C) the cost and schedule required to provide (2) submit to the appropriate committees of in effect at the time of the proposed addition or OCX with any additional needed capabilities Congress a report that describes the results of transfer. that are now required and not currently in the the review under paragraph (1). (c) BRIEFING.—Not later than 180 days after program of record. (b) APPROPRIATE COMMITTEES OF CONGRESS the date of the enactment of this Act, the Sec- SEC. 1604. STREAMLINE OF COMMERCIAL SPACE DEFINED.—In this section, the term ‘‘appro- retary shall provide to the appropriate commit- LAUNCH OPERATIONS. priate committees of Congress’’ means— tees of Congress a briefing on the framework re- Section 1617 of the National Defense Author- (1) the Committee on Armed Services and the quired by subsection (a). ization Act for Fiscal Year 2017 (Public Law Committee on Commerce, Science, and Transpor- (d) POLICY.—Not later than 270 days after the 114–92; 129 Stat. 1106; 51 U.S.C. 50918 note) is tation of the Senate; and date of the enactment of this Act, the Secretary (2) the Committee on Armed Services, the Com- amended— shall submit to the appropriate committees of mittee on Energy and Commerce, and the Com- (1) in subsection (c)— Congress a report setting forth the policy that mittee on Science, Space, and Technology of the (A) by redesignating paragraphs (2) and (3) as codifies the framework required by subsection House of Representatives. paragraphs (3) and (4), respectively; and (a). (B) by inserting after paragraph (1) the fol- Subtitle B—Defense Intelligence and (e) APPROPRIATE COMMITTEES OF CONGRESS lowing new paragraph (2): Intelligence-related Activities DEFINED.—In this section, the term ‘‘appro- ‘‘(2) STREAMLINING.— SEC. 1611. FRAMEWORK ON GOVERNANCE, MIS- priate committees of Congress’’ means— ‘‘(A) IN GENERAL.—With respect to any li- SION MANAGEMENT, RESOURCING, (1) the Committee on Armed Services, the Com- censed activity under chapter 509 of title 51, AND EFFECTIVE OVERSIGHT OF DE- mittee on Appropriations, and the Select Com- United States Code, the Secretary of Defense PARTMENT OF DEFENSE COMBAT mittee on Intelligence of the Senate; and SUPPORT AGENCIES THAT ARE ALSO (2) the Committee on Armed Services, the Com- may not impose any requirement on a licensee or ELEMENTS OF THE INTELLIGENCE mittee on Appropriations, and the Permanent transferee that is duplicative of, or overlaps in COMMUNITY. Select Committee on Intelligence of the House of intent with, any requirement imposed by the (a) FRAMEWORK REQUIRED.— Representatives. Secretary of Transportation under that chapter. (1) IN GENERAL.—In accordance with section ‘‘(B) WAIVER.—The Secretary of Defense may 105 of the National Security Act of 1947 (50 Subtitle C—Cyberspace-related Matters waive the limitation under subparagraph (A) if U.S.C. 3038), section 193 of title 10, United States PART I—CYBERSPACE GENERALLY the Secretary determines that imposing a re- Code, and section 1018 of the Intelligence Re- SEC. 1621. POLICY OF THE UNITED STATES ON quirement described in that subparagraph is form and Terrorism Prevention Act of 2004 (Pub- CYBERSPACE, CYBERSECURITY, necessary to avoid negative consequences for the lic Law 108–458; 50 U.S.C. 3023 note), the Sec- CYBER WARFARE, AND CYBER DE- national security space program.’’; and retary of Defense shall develop and codify in TERRENCE. (2) by adding at the end the following new policy a framework and supporting processes (a) IN GENERAL.—It shall be the policy of the subsection: within the Department of Defense to help ensure United States, with respect to matters pertaining ‘‘(d) EFFECT OF LAW.—Nothing in this section that the missions, roles, and functions of the to cyberspace, cybersecurity, and cyber warfare, limits the ability of the Secretary of Defense to Combat Support Agencies (CSA) of the Depart- that the United States should employ all instru- consult with the Secretary of Transportation ment of Defense that are also elements of the in- ments of national power, including the use of with respect to requirements and approvals telligence community (IC), and other intel- offensive cyber capabilities, to deter if possible, under chapter 509 of title 51, United States ligence components of the Department, are ap- and respond when necessary, to any and all Code.’’. propriately balanced and resourced. cyber attacks or other malicious cyber activities SEC. 1605. REUSABLE LAUNCH VEHICLES. (2) SCOPE.—The framework shall include a that target United States interests with the in- tent to— (a) REUSABILITY.—The Evolved Expendable consistent, repeatable process for regular re- (1) cause casualties among United States per- Launch Vehicle Program shall be designated as evaluation of the responsibilities and resource sons or persons of our allies; the ‘‘National Security Space Launch Pro- profiles of the elements described in paragraph (1) for purposes of preventing imbalances in pri- (2) significantly disrupt the normal func- gram’’. tioning of United States democratic society or (b) REFERENCE TO EVOLVED EXPENDABLE orities, insufficient or misaligned resources, and mission creep. government (including attacks against critical LAUNCH VEHICLE PROGRAM.—Any reference in infrastructure that could damage systems used any law, regulation, guidance, instruction, map, (b) ELEMENTS.—The framework required by subsection (a) shall include the following: to provide key services to the public or govern- document, record, or other paper of the United ment); States to the Evolved Expendable Launch Vehi- (1) A lexicon of relevant terms used by the De- partment of Defense to ensure consistent defini- (3) threaten the command and control of the cle Program shall be deemed to be a reference to United States Armed Forces, the freedom of ma- the National Security Space Launch Program. tions are used in determinations about the bal- ance described in subsection (a)(1), which lexi- neuver of the United States Armed Forces, or (c) POLICY.—In carrying out the policy set con shall reconcile and codify jointly-used defi- the industrial base or other infrastructure on forth in section 2273 of title 10, United States which the United States Armed Forces rely to Code, the Secretary of Defense shall pursue a nitions. (2) A reevaluation of the intelligence compo- defend United States interests and commitments; strategy that includes fully or partially reusable nents of the Department, including the Joint In- or launch systems. telligence Centers and Joint Intelligence Oper- (4) achieve an effect, whether individually or (d) CERTIFICATION STRATEGY.—The Secretary ations Centers within the combatant commands, in aggregate, comparable to an armed attack or shall continue to develop a process to evaluate in order to determine which components should imperil a vital interest of the United States. and certify launch vehicles using previously be formally designated as part of the intel- (b) RESPONSE OPTIONS.—In carrying out the flown components or systems for national secu- ligence community and any components not so policy set forth in subsection (a), the United rity space launch. designated conform to relevant tradecraft stand- States shall plan, develop, and demonstrate re- (e) REPORTING REQUIREMENT.—Not less than ards. sponse options to address the full range of po- 60 days before the date on which a solicitation (3) A repeatable Department process for evalu- tential cyber attacks on United States interests for procurement of space launch services is ating the addition, transfer, or elimination of that could be conducted by potential adversaries issued, the Secretary shall submit to the con- defense intelligence missions, roles, and func- of the United States. gressional defense committees a report that sets tions, currently or to be performed by elements (c) DENIAL OPTIONS.—In carrying out the pol- forth— described in subsection (a)(1), which process icy set forth in subsection (a) through response (1) a determination with respect to whether shall include the following: options developed pursuant to subsection (b), launch vehicles using previously flown compo- (A) A justification for any proposed addition, the United States shall, to the greatest extent nents, or systems or with components or systems transfer, or elimination of a mission, role, or practicable, prioritize the defensibility and resil- that are intended to be reused, that could other- function. iency against cyber attacks and malicious cyber wise meet mission requirements are eligible for (B) The identification of the elements in the activities described in subsection (a) of infra- award; and Federal Government, if any, that currently per- structure critical to the political integrity, eco- (2) in the case of a determination that such form the mission, role, or function concerned. nomic security, and national security of the launch vehicles shall not be eligible for award, (C) For any proposed addition of a mission, United States. a justification with respect to the reason for in- role, or function, an assessment of the most ap- (d) COST-IMPOSITION OPTIONS.—In carrying eligibility. propriate element of the Department to assume out the policy set forth in subsection (a) SEC. 1606. REVIEW OF AND REPORT ON ACTIVI- it, taking into account current resource profiles, through response options developed pursuant to TIES OF INTERNATIONAL SPACE scope of existing responsibilities, primary cus- subsection (b), the United States shall develop STATION. tomers, and infrastructure necessary to support and demonstrate, or otherwise make known to (a) IN GENERAL.—Not later than March 1, the addition. adversaries of the existence of, cyber capabilities 2019, the Secretary of Defense shall— (D) For any proposed addition of transfer of to impose costs on any foreign power targeting (1) in coordination with the Administrator of a mission, role, or function— the United States or United States persons with the National Aeronautics and Space Adminis- (i) a determination of the appropriate resource a cyber attack or malicious cyber activity de- tration, complete a review of each program, ac- profile for such mission, role, or function; and scribed in subsection (a).

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(e) MULTI-PRONG RESPONSE.—In carrying out of military activities or operations in cyberspace (A) NOTIFICATION OF OPERATIONS.—IN exer- the policy set forth in subsection (a) through re- short of war and in areas outside of named cising the authority provided in paragraph (1), sponse options developed pursuant to subsection areas of conflict for the purpose of preparation the Secretary shall provide notices to the con- (b), the United States shall— of the environment, influence, force protection, gressional defense committees in accordance (1) devote immediate and sustained attention and deterrence of hostilities, or counterterrorism with section 130(f) of title 10, United States to boosting the cyber resilience of critical United operations involving the armed forces of the Code. States strike systems (including cyber, nuclear, United States. (B) QUARTERLY REPORTS BY COMMANDER OF and non-nuclear systems) in order to ensure the ‘‘(c) CLANDESTINE ACTIVITIES OR OPER- THE UNITED STATES CYBER COMMAND.— United States can credibly threaten to impose ATIONS.—A clandestine military activity or oper- (i) IN GENERAL.—In any fiscal year in which unacceptable costs in response to even the most ation in cyberspace shall be considered a tradi- the Commander of the United States Cyber Com- sophisticated large-scale cyber attack; tional military activity for the purposes of sec- mand carries out an action under paragraph (2) develop offensive cyber capabilities and tion 503(e)(2) of the National Security Act of (1), the Secretary of Defense shall, not less fre- specific plans and strategies to put at risk tar- 1947 (50 U.S.C. 3093(e)(2)). quently than quarterly, submit to the congres- gets most valued by adversaries of the United ‘‘(d) CONGRESSIONAL OVERSIGHT.—The Sec- sional defense committees a report on the ac- States and their key decision makers; retary shall brief the congressional defense com- tions of the Commander under such paragraph (3) enhance attribution capabilities to reduce mittees about any military activities or oper- in such fiscal year. the time required to positively attribute an at- ations in cyberspace, including clandestine mili- (ii) MANNER OF REPORTING.—Reports sub- tack with high confidence; and tary activities or operations in cyberspace, oc- mitted under clause (i) shall be submitted in a (4) develop intelligence and offensive cyber ca- curring during the previous quarter during the manner that is consistent with the recurring pabilities to detect, disrupt, and potentially ex- quarterly briefing required by section 484 of this quarterly report required by section 484 of title pose malicious cyber activities. title. 10, United States Code. (f) POLICIES RELATING TO OFFENSIVE CYBER ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this (b) SURVEILLANCE.— CAPABILITIES AND SOVEREIGNTY.—It is the pol- section shall be construed to limit the authority (1) IN GENERAL.—The Secretary of Defense, icy of the United States that, when a cyber at- of the Secretary to conduct military activities or acting through the Commander of the United tack or malicious cyber activity transits or oth- operations in cyberspace, including clandestine States Cyber Command and the cyber mission erwise relies upon the networks or infrastruc- activities or operations in cyberspace, or to alter forces of such command, may conduct surveil- ture of a third country— or otherwise affect the War Powers Resolution lance in networks outside the United States of (1) the United States shall, to the greatest ex- (50 U.S.C. 1541–1548), the Authorization for Use personnel and organizations engaged at the be- tent practicable, notify and encourage the gov- of Military Force (Public Law 107–40; 50 U.S.C. hest or in support of the Russian Federation ernment of that country to take action to elimi- 1541 note), or reporting of sensitive military in— nate the threat; and cyber activities or operations required by section (A) stealing and releasing confidential infor- (2) if the government is unable or unwilling to 130j of this title. mation from United States persons or supporting take action, the United States reserves the right ‘‘(f) DEFINITIONS.—In this section: organizations who are campaigning for public to act unilaterally (with the consent of that gov- ‘‘(1) The term ‘clandestine military activity or office; ernment if possible, but without such consent if operation in cyberspace’ means a military activ- (B) generating and planting information and necessary). ity or operation carried out in cyberspace, or as- narratives, including the purchase of advertise- (g) AUTHORITY OF SECRETARY OF DEFENSE.— sociated preparatory actions, authorized by the ments, in social and other media intended to (1) IN GENERAL.—The Secretary of Defense has mislead, sharpen social and political conflicts, the authority to develop, prepare, coordinate, President or the Secretary that— ‘‘(A) is marked by, held in, or conducted with or otherwise manipulate perceptions and opin- and, when appropriately authorized to do so, secrecy, where the intent is that the activity or ions of the people of the United States; conduct military cyber operations in response to operation will not be apparent or acknowledged (C) creating networks of subverted computers cyber attacks and malicious cyber activities de- publicly; and and associated false accounts on social media scribed in subsection (a) that are carried out ‘‘(B) is to be carried out— platforms for the purpose of spreading and am- against the United States or United States per- ‘‘(i) as part of a military operation plan ap- plifying the impact of information and nar- sons by a foreign power. proved by the President or the Secretary in an- ratives intended to mislead, sharpen social and (2) DELEGATION OF ADDITIONAL AUTHORI- ticipation of hostilities or as directed by the political conflicts, or otherwise manipulate per- TIES.—The Secretary may delegate to the Com- President or the Secretary against— mander of the United States Cyber Command ceptions and opinions of the people of the ‘‘(I) adversaries (as defined by the National such authorities of the Secretaries of the mili- United States; and Security Strategy); or (D) developing or using cyber capabilities— tary departments, including authorities relating ‘‘(II) other emergent national security threats; (i) to disable, disrupt, or destroy critical infra- to manning, training, and equipping, that the ‘‘(ii) to deter, safeguard, or defend against at- structure of the United States; or Secretary considers appropriate. tacks or malicious cyber activities against the (ii) to cause— (3) USE OF DELEGATED AUTHORITIES.—The use United States or Department of Defense infor- (I) casualties among United States persons or by the Commander of the United States Cyber mation, networks, systems, installations, facili- persons of allies of the United States; Command of any authority delegated to the ties, or other assets; or (II) significant damage to private or public Commander pursuant to this subsection shall be ‘‘(iii) in support of other information related property; subject to the authority, direction, and control capabilities such as military deception and psy- (III) significant economic disruption; of the Secretary. chological operations. (IV) an effect, whether individually or in ag- (4) RULE OF CONSTRUCTION.—Nothing in this ‘‘(2) The term ‘foreign power’ has the meaning gregate, comparable to that of an armed attack subsection shall be construed to limit the au- given such term in section 101 of the Foreign In- or one that imperils a vital national security in- thority of the President or Congress to authorize telligence Surveillance Act of 1978 (50 U.S.C. terest of the United States; or the use of military force. 1801). (V) significant disruption of the normal func- (h) FOREIGN POWER DEFINED.—In this section, ‘‘(3) The term ‘United States person’ has the tioning of United States democratic society or the term ‘‘foreign power’’ has the meaning given meaning given such term in such section.’’; and government, including attacks against or inci- that term in section 101 of the Foreign Intel- (3) in subsection (a), as designated by para- dents involving critical infrastructure that could ligence Surveillance Act of 1978 (50 U.S.C. 1801). graph (1), by striking ‘‘(as’’ and all that follows damage systems used to provide key services to SEC. 1622. AFFIRMING THE AUTHORITY OF THE through ‘‘))’’. the public or government. SECRETARY OF DEFENSE TO CON- DUCT MILITARY ACTIVITIES AND OP- SEC. 1623. ACTIVE DEFENSE AND SURVEILLANCE (2) PRIVATE SECTOR COOPERATION.— ERATIONS IN CYBERSPACE. AGAINST RUSSIAN FEDERATION AT- (A) IN GENERAL.—The Secretary shall make Section 130g of title 10, United States Code, is TACKS IN CYBERSPACE. arrangements, directly or through other govern- amended— (a) AUTHORITY TO DISRUPT, DEFEAT, AND ment organizations, with private sector media (1) by striking ‘‘The Secretary’’ and inserting DETER CYBER ATTACKS.— representatives and organizations, including so- the following: (1) IN GENERAL.—In the event that the Na- cial media companies, on a voluntary basis, ‘‘(a) IN GENERAL.—The Secretary’’; tional Command Authority determines that the using the results of the surveillance under para- (2) by adding at the end the following new Russian Federation is conducting an active, sys- graph (1) to assist in the identification of such subsections: tematic, and ongoing campaign of attacks malicious individuals and organizations and as- ‘‘(b) AFFIRMATION OF AUTHORITY.—(1) Con- against the government or people of the United sociated false or counterfeit accounts created on gress affirms that the Secretary of Defense may States in cyberspace, the National Command social media platforms. conduct military activities or operations in Authority may authorize the Commander of the (B) SECURITY CLEARANCES.—In carrying out cyberspace, including clandestine military ac- United States Cyber Command, acting through subparagraph (A), the Secretary may grant such tivities or operations in cyberspace, to defend the Cyber Mission Forces assigned to the United security clearances to individuals of media orga- the United States and allies and interests of the States Cyber Command, to take appropriate and nizations as the Secretary considers necessary United States, including in response to mali- proportional action in cyberspace to disrupt, de- and appropriate to share evidence that supports cious cyber activity carried out against the feat, and deter such attacks under the authority the Secretary’s conclusions regarding the indi- United States or a United States person by a and policy of the Secretary of Defense to con- viduals and organizations engaged in the activi- foreign power. duct cyber operations and information oper- ties described in paragraph (1). ‘‘(2) Congress affirms that the authority re- ations as traditional military activities. (c) ANNUAL REPORT.—Not less frequently than ferred to in paragraph (1) includes the conduct (2) NOTIFICATION AND REPORTING.— once each year, the Secretary shall submit to the

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congressional defense committees and the con- (3) SECTOR FOCUS.—The Under Secretary of of the United States, the District of Columbia, gressional intelligence committees (as defined in Defense for Research and Engineering shall and the Commonwealth of Puerto Rico. section 3 of the National Security Act of 1947 (50 carry out this subsection with a focus on such SEC. 1627. MODIFICATION OF ACQUISITION AU- U.S.C. 3003)) a report on— industry sectors as the Under Secretary con- THORITY OF THE COMMANDER OF (1) the scope and intensity of the Russian siders critical. THE UNITED STATES CYBER COM- Federation’s information operations and attacks (4) OUTREACH EVENTS.—Under paragraph (1), MAND. through cyberspace against the government or the Under Secretary of Defense for Research (a) MODIFICATION OF LIMITATION ON USE OF people of the United States observed by the and Engineering shall conduct outreach to sup- CYBER OPERATIONS PROCUREMENT FUND.—Sub- cyber mission forces of the United States Cyber port activities consistent with this section. Such section (e) of section 807 of the National Defense Command and the National Security Agency; outreach may include live events with a phys- Authorization Act for Fiscal Year 2016 (Public (2) adjustments of the Department of Defense ical presence and outreach conducted through Law 114–92; 10 U.S.C. 2224 note) is amended— in the response directed or recommended by the Internet websites. (1) by striking ‘‘$75,000,000’’ and inserting Secretary with respect to such operations and (b) VOLUNTARY CYBERSECURITY SELF-ASSESS- ‘‘$250,000,000’’; and (2) by striking ‘‘2021’’ and inserting ‘‘2025’’. attacks; and MENTS.—The Under Secretary of Defense for Re- (b) EXTENSION ON SUNSET.—Subsection (i)(1) (3) whether the authorities under subsections search and Engineering shall develop mecha- of such section is amended by striking ‘‘Sep- (a) and (b) should be expanded to include other nisms to provide assistance to help small manu- tember 30, 2021’’ and inserting ‘‘September 30, foreign powers, such as the Islamic Republic of facturers conduct voluntary self-assessments in 2025’’. Iran and the People’s Republic of China. order to understand operating environments, cy- SEC. 1628. EMAIL AND INTERNET WEBSITE SECU- SEC. 1624. REORGANIZATION AND CONSOLIDA- bersecurity requirements, and existing RITY AND AUTHENTICATION. TION OF CERTAIN CYBER PROVI- vulnerabilities, including through the Mentor (a) IMPLEMENTATION OF PLAN REQUIRED.—Ex- SIONS. Prote´ge´ Program, small business programs, and cept as provided by subsection (b), the Secretary (a) IN GENERAL.—Part I of subtitle A of title engagements with defense laboratories and test of Defense shall develop and implement the plan 10, United States Code, is amended— ranges. outlined in Binding Operational Directive 18–01, (1) by transferring sections 130g, 130j, and (c) TRANSFER OF RESEARCH FINDINGS AND EX- issued by the Secretary of Homeland Security on 130k to chapter 19; and PERTISE.— (2) in chapter 19, by redesignating sections (1) IN GENERAL.—The Under Secretary of De- October 16, 2017, relating to email security and 130g, 130j, and 130k, as transferred by subpara- fense for Research and Engineering shall pro- authentication and Internet website security, graph (A), as sections 394, 395, and 396, respec- mote the transfer of appropriate technology and according to the schedule established by the tively. techniques developed in the Department of De- Binding Operational Directive for the rest of the (b) CONFORMING AMENDMENT.—Section 108(m) fense to small manufacturers throughout the Executive Branch beginning with the date of of the Cybersecurity Information Sharing Act of United States to implement security measures enactment of this Act. (b) ELEMENTS.—The actions required of the 2015 (6 U.S.C. 1507(m)) is amended by striking that are adequate to protect covered defense in- Secretary of Defense under subsection (a) in- ‘‘under section 130g’’ and inserting ‘‘under sec- formation, including controlled unclassified in- clude the following: tion 394’’. formation. (1) The adoption of the START Transport (c) CLERICAL AMENDMENTS.—(1) The table of (2) COORDINATION WITH OTHER FEDERAL EX- Layer Security (STARTTLS) protocol for sections at the beginning of chapter 3 of title 10, PERTISE AND CAPABILITIES.—The Under Sec- encryption. United States Code, is amended by striking the retary of Defense for Research and Engineering (2) Enforcement of Sender Policy Framework items relating to sections 130g, 130j, and 130k. shall coordinate efforts, when appropriate, with (SPF), Domain Keys Identified Mail (DKIM), (2) The table of sections at the beginning of the expertise and capabilities that exist in Fed- and Domain-based Message Authentication, Re- chapter 19 of such title is amended by adding at eral agencies and federally sponsored labora- porting, and Conformance (DMARC) for email the end the following new items: tories. authentication. ‘‘394. Authorities concerning military cyber op- (3) AGREEMENTS.—In carrying out this sub- (3) Implementation of Hypertext Transfer Pro- erations. section, the Under Secretary of Defense for Re- ‘‘395. Notification requirements for sensitive tocol Strict Transport Security (HSTS). search and Engineering may enter into agree- (c) WAIVER.—The Secretary may waive the re- military cyber operations. ments with private industry, institutes of higher quirements of subsection (a) if the Secretary ‘‘396. Notification requirements for cyber weap- education, or a State, United States territory, ons.’’. submits to the congressional defense committees local, or tribal government to ensure breadth a certification that existing or planned security SEC. 1625. DESIGNATION OF OFFICIAL FOR MAT- and depth of coverage to the United States de- TERS RELATING TO INTEGRATING measures for the Department of Defense either fense industrial base and to leverage resources. meet or exceed the information security require- CYBERSECURITY AND INDUSTRIAL (d) DEFENSE ACQUISITION WORKFORCE CYBER CONTROL SYSTEMS WITHIN THE DE- ments of Binding Operational Directive 18–01. TRAINING PROGRAM.—The Secretary of Defense PARTMENT OF DEFENSE. (d) FUTURE BINDING OPERATIONAL DIREC- shall establish a cyber counseling certification (a) DESIGNATION OF INTEGRATING OFFICIAL.— TIVES.—The Chief Information Officer of the program, or approve a similar existing program, Not later than 180 days after the date of the en- Department of Defense shall notify the congres- to certify small business professionals and other actment of this Act, the Secretary of Defense sional defense committees within 180 days of the relevant acquisition staff within the Department shall designate one official to be responsible for issuance by the Secretary of Homeland Security of Defense to provide cyber planning assistance matters relating to integrating cybersecurity and after the date of the enactment of this Act of to small manufacturers in the defense industrial industrial control systems within the Depart- any Binding Operational Directive for cyberse- supply chain. ment of Defense. curity whether the Department of Defense will (e) AUTHORITIES.—In executing this program, (b) RESPONSIBILITIES.—The official designated comply with the Directive or how the Depart- the Secretary may use the following authorities: pursuant to subsection (a) shall be responsible ment of Defense plans to meet or exceed the se- (1) The Manufacturing Technology Program for matters described in such subsection at all curity objectives of the Directive. established under section 2521 of title 10, United levels of command, from the Department to the States Code. SEC. 1629. MATTERS PERTAINING TO THE facility using industrial control systems, includ- (2) The Centers for Science, Technology, and SHARKSEER CYBERSECURITY PRO- GRAM. ing developing Department-wide certification Engineering Partnership program under section standards for integration of industrial control (a) TRANSFER OF PROGRAM.—Not later than 2368 of title 10, United States Code. March 1, 2019, the Secretary of Defense shall systems and taking into consideration frame- (3) The Manufacturing Engineering Edu- transfer the Sharkseer cybersecurity program works set forth by the National Institute of cation Program established under section 2196 of from the National Security Agency to the De- Standards and Technology for the cybersecurity title 10, United States Code. of such systems. (4) The Small Business Innovation Research fense Information Systems Agency, including all SEC. 1626. ASSISTANCE FOR SMALL MANUFAC- program. associated funding and, as the Secretary con- TURERS IN THE DEFENSE INDUS- (5) The mentor-prote´ge´ program. siders necessary, personnel. TRIAL SUPPLY CHAIN ON MATTERS (6) Other legal authorities as the Secretary (b) LIMITATION ON FUNDING FOR THE INFOR- RELATING TO CYBERSECURITY. deems necessary for the effective and efficient MATION SYSTEMS SECURITY PROGRAM.—Of the (a) DISSEMINATION OF CYBERSECURITY RE- execution of the program. funds authorized to be appropriated by this Act SOURCES.— (f) DEFINITIONS.—In this section: or otherwise made available for fiscal year 2019 (1) IN GENERAL.—The Under Secretary of De- (1) RESOURCES.—The term ‘‘resources’’ means or any subsequent fiscal year for research, de- fense for Research and Engineering, in con- guidelines, tools, best practices, standards, velopment, test, and evaluation for the Informa- sultation with the Director of the National In- methodologies, and other ways of providing in- tion Systems Security Program for the National stitute of Standards and Technology, shall take formation. Security Agency, not more than 90 percent may such actions as may be necessary to enhance (2) SMALL BUSINESS CONCERN.—The term be obligated or expended unless the Principal awareness of cybersecurity threats among small ‘‘small business concern’’ means a small busi- Cyber Advisor certifies to the congressional de- manufacturers in the defense industrial supply ness concern as that term is used in section 3 of fense committees that the operations and main- chain. the Small Business Act (15 U.S.C. 632). tenance funding for the Sharkseer program for (2) PRIORITY.—The Under Secretary of De- (3) SMALL MANUFACTURER.—The term ‘‘small fiscal year 2019 and the subsequent fiscal years fense for Research and Engineering shall manufacturer’’ means a small business concern of the current Future Years Defense Program prioritize efforts to increase awareness to help that is a manufacturer. are available or programmed. reduce cybersecurity risks faced by small manu- (4) STATE.—The term ‘‘State’’ means each of (c) SHARKSEER BREAK AND INSPECT CAPA- facturers described in paragraph (1). the several States, Territories, and possessions BILITY.—

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00128 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4139

(1) IN GENERAL.—The Secretary of Defense (C) to train personnel in incident response; formation, direction, and cues from other secu- shall ensure that the decryption capability de- (D) to conduct exercises and test scenarios; rity elements on a network through this frame- scribed in section 1636 of the Carl Levin and and work. Howard P. ‘‘Buck’’ McKeon National Defense (E) to foster collaboration and learning be- (3) A security product integration framework Authorization Act for Fiscal Year 2015 (Public tween and among departments and agencies of should ideally be non-proprietary or designed as Law 113–291) is provided by the break and in- the Federal Government, State and local govern- a modular open system. spect subsystem of the Sharkseer cybersecurity ments, and private entities responsible for crit- (4) A security integration framework is essen- program, unless the Principal Cyber Advisor no- ical infrastructure. tial to achieve the speed, scale, and agility of re- tifies the congressional defense committees on or (2) The development and demonstration of the sponse required for cyber warfare, and to reduce before the date that is 90 days after the date of foundations for establishing and maintaining a the cost and time needed to integrate new prod- the enactment of this Act that a superior enter- program of record for a shared high-fidelity, ucts and services into the existing security envi- prise solution will be operational before October interactive, affordable, cloud-based modeling ronment. 1, 2019. and simulation of critical infrastructure systems (b) DEMONSTRATION PROGRAM.—The Principal (2) INTEGRATION OF CAPABILITY.—The Sec- and incident response capabilities that can sim- Cyber Adviser, the Chief Information Officer, retary shall take such actions as are necessary ulate complex cyber and physical attacks and and the Commander of the United States Cyber to integrate the break and inspect subsystem of disruptions on individual and multiple sectors Command shall select a network or network seg- the Sharkseer cybersecurity program with the on national, regional, State, and local scales. ment and associated computer network defense Department of Defense public key infrastruc- (c) REPORT.— service provider to conduct a demonstration and ture. (1) IN GENERAL.—At the same time the budget evaluation of one or more existing security prod- (d) VISIBILITY TO ENDPOINTS.—The Secretary of the President for fiscal year 2020 is submitted uct integration frameworks, including modifying shall take such actions as are necessary to en- to Congress pursuant to section 1105(a) of title network security systems to enable such systems able, by October 1, 2020, the Sharkseer cyberse- 31, United States Code, the Assistant Secretary to ingest, publish, subscribe, tip and cue, and curity program and computer network defense shall, in consultation with the Secretary of request information or services from each other. service providers to instantly and automatically Homeland Security, submit to the congressional SEC. 1632. REPORT ON ENHANCEMENT OF SOFT- determine the specific identity and location of defense committees a report on the pilot pro- WARE SECURITY FOR CRITICAL SYS- computer hosts and other endpoints that re- gram. TEMS. ceived or sent malware detected by the (2) CONTENTS.—The report required by para- (a) REPORT REQUIRED.—Not later than March Sharkseer cybersecurity program or other net- graph (1) shall include the following: 1, 2019, the Principal Cyber Adviser to the Sec- work perimeter defenses. (A) A description of the results of the exercises retary of Defense and the Chief Information Of- (e) SANDBOX AS A SERVICE.—The Secretary described in subsection (a)(3) and any other ex- ficer of the Department of Defense shall jointly shall use the Sharkseer cybersecurity program ercises conducted as part of the pilot program as submit to the congressional defense committees a sandbox-as-a-service capability as an enterprise of the date of the report. report on a study, based on the authorities spec- solution and terminate all other such projects, (B) A list of the cybersecurity units of the Na- ified in subsection (b), on the costs, benefits, unless the Principal Cyber Advisor notifies the tional Guard and Reserves, and a description technical merits, and other merits of applying congressional defense committees on or before and assessment of the progress of the Assistant the technology described in subsection (c) to the the date that is 90 days after the date of the en- Secretary and the National Governors’ Associa- vulnerability assessment and remediation of the actment of this Act that a superior enterprise so- tion in promoting multi-State mutual assistance following: lution will be operational before October 1, 2019. compacts to share resources with respect to com- (1) Nuclear systems and nuclear command and (f) AUTHORIZATION OF APPROPRIATIONS FOR bined natural disaster and cyber attacks de- control. BANDWIDTH EXPANSION.—There is authorized to scribed in subsection (a)(1) as well as an assess- (2) A critical subset of conventional power be appropriated $20,000,000 for procurement, de- ment of how the National Guard’s ability to op- projection capabilities. fense-wide, for the Defense Information Systems erate under dual jurisdictions and their existing (3) Cyber command and control. Agency to increase the bandwidth of the relationships at the State and local level could (4) Other defense critical infrastructure Sharkseer cybersecurity program to match the be used in these types of events. (b) BASIS FOR CONDUCT OF STUDY.—The study bandwidth of communications entering the (C) A description of the risk analysis meth- required for purposes of subsection (a) shall be Internet access points of the Department of De- odologies and modeling and simulation capabili- conducted pursuant to the following: fense. ties developed and demonstrated pursuant to the (1) Section 1640 of the National Defense Au- SEC. 1630. PILOT PROGRAM ON MODELING AND pilot program, and an assessment of the poten- thorization Act for Fiscal Year 2018 (Public Law SIMULATION IN SUPPORT OF MILI- tial for future growth of commercial technology 115–91). TARY HOMELAND DEFENSE OPER- in support of the homeland defense mission of (2) Section 1650 of the National Defense Au- ATIONS IN CONNECTION WITH the Department of Defense. thorization Act for Fiscal Year 2017 (10 U.S.C. CYBER ATTACKS ON CRITICAL IN- (D) Such recommendations as the Secretary 2224 note). FRASTRUCTURE. considers appropriate regarding the establish- (3) Section 1647 of the National Defense Au- (a) PILOT PROGRAM REQUIRED.— thorization Act for Fiscal Year 2016 (Public Law (1) IN GENERAL.—The Assistant Secretary of ment of a program of record for the Department Defense for Homeland Defense and Global Secu- on further development and sustainment of risk 114–92; 129 Stat. 1118). (c) TECHNOLOGIES.—The technologies de- rity shall carry out a pilot program that uses analysis methodologies and advanced, large- scribed in this subsection are the following: the results of research exercises of local govern- scale modeling and simulation on critical infra- (1) Technology developed and used by Combat ment, industry, and military responses to com- structure and cyber warfare. Support Agencies of the Department of Defense bined natural disasters and cyber attacks on (E) Lessons learned from the use of novel risk to discover flaws and weaknesses in software critical infrastructure in order to identify and analysis methodologies and large-scale modeling code by inputting immense quantities of pseudo- develop means of improving such responses to and simulation carried out under the pilot pro- random data (commonly referred to as ‘‘fuzz’’) such combined disasters and attacks. gram regarding vulnerabilities, required capa- to identify inputs that cause the software to (2) DISCHARGE.—The Assistant Secretary shall bilities, and reconfigured force structure, coordi- carry out the pilot program through the United nation practices, and policy. fail. States Northern Command and the United (F) Planned steps for implementing the lessons (2) Cloud-based software fuzzing-as-a-service States Cyber Command. described in subparagraph (E). to continuously test the security of Department (3) RESEARCH EXERCISES.—The pilot program (d) FUNDING.—Of the amounts authorized to of Defense software repositories at large scale. shall be based on lessons learned from the so- be appropriated for fiscal year 2019 by section (3) Formal programming and protocol lan- called ‘‘Jack Voltaic’’ research exercises con- 201 for research, development, test, and evalua- guage for software code development and other ducted by the Army Cyber Institute, industry tion for the Army and available for Advanced methods and tools developed under the High As- partners of the Institute, and New York, New Concepts and Simulation (Program Element surance Cyber Military Systems program of the York, and Houston, Texas. (62308A)), $10,000,000 may be available for the Defense Advanced Research Projects Agency. (b) PURPOSE.—The purpose of the pilot pro- pilot program. (4) The binary analysis and symbolic execu- gram shall be to accomplish the following: SEC. 1631. SECURITY PRODUCT INTEGRATION tion software security tools developed under the (1) The development and demonstration of risk FRAMEWORK. Cyber Grand Challenge of the Defense Ad- analysis methodologies, and the application of (a) FINDINGS.—Congress makes the following vanced Research Projects Agency. commercial simulation and modeling capabili- findings: SEC. 1633. COMPLY TO CONNECT AND CYBERSE- ties, based on artificial intelligence and (1) The Department of Defense requires a CURITY SCORECARD. hyperscale cloud computing technologies, for standard, enterprise-wide, security product inte- (a) LIMITATION.—After October 1, 2019, no use by the Federal Governments, States, and lo- gration framework (SPIF) that provides a ma- funds may be obligated or expended to prepare calities, as applicable— chine-to-machine data exchange architecture the cybersecurity scorecard for the Secretary of (A) to assess defense critical infrastructure and protocol to achieve interoperability and Defense unless the Department of Defense is im- vulnerabilities and interdependencies to improve automated orchestration and coordinated action plementing a funded capability to meet the re- military resiliency; between and among cybersecurity services, de- quirements— (B) to determine the likely effectiveness of at- vices, appliances, agents, applications, tools, (1) established by the Chief Information Offi- tacks described in subsection (a)(1), and coun- and command and control centers. cer and the Commander of United States Cyber termeasures, tactics, and tools supporting re- (2) Information security products and services Command pursuant to section 1653 of the Na- sponsive military homeland defense operations; need to be engineered to consume and act on in- tional Defense Authorization for Fiscal Year

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00129 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4140 CONGRESSIONAL RECORD — SENATE June 19, 2018 2017 (Public Law 114–328; 10 U.S.C. 2224 note); (A) shall be individuals who are nationally rec- the United States, and the innovation base of and ognized for expertise, knowledge, or experience the United States. The options to be assessed (2) set forth in the Information Security Con- in— should include deterrence, norms-based regimes, tinuous Monitoring Strategy, the Comply-to- (I) cyber strategy or national-level strategies and cyber persistence. Connect Strategy, the Enterprise Patch Man- to combat long-term adversaries; (2) To review adversarial strategies and inten- agement Service Strategy and Concept of Oper- (II) cyber technology and innovation; tions, current programs for the protection of ad- ations, and the User Activity Monitoring Strat- (III) use of intelligence information by na- vantages described in subsection (a)(1), and the egy. tional policymakers and military leaders; or capabilities of the Federal Government to under- (b) REPORT.—Not later than January 10, 2019, (IV) the implementation, funding, or oversight stand if and how adversaries are currently the Director of Cost Assessment and Program of the national security policies of the United being deterred or thwarted in their aims and Evaluation shall submit to the congressional de- States. ambitions. fense committees a report comparing the current (ii) An official who appoints members of the (3) To evaluate the current allocation of re- capabilities of the Department of Defense to— Commission may not appoint an individual as a sources for understanding adversarial strategies (1) the requirements described in subsection member of the Commission if, in the judgment of and intentions and protecting the advantages (a); and the official, such individual possesses any per- described in subsection (a)(1). (2) the capabilities deployed by the Depart- sonal or financial interest in the discharge of (4) In weighing the options for protecting ad- ment of Homeland Security and the General any of the duties of the Commission. vantages as described in subsection (a)(1), to Services Administration under the Continuous (iii) All members of the Commission described consider possible structures and authorities that Diagnostics and Mitigation program across the in clause (i) shall possess an appropriate secu- need to be established, revised, or augmented non-Department of Defense departments and rity clearance in accordance with applicable within the Federal Government. (g) POWERS OF COMMISSION.— agencies of the Federal Government. provisions of law concerning the handling of (1) IN GENERAL.—(A) The Commission or, on (c) RISK THRESHOLDS.—The Chief Information classified information. the authorization of the Commission, any sub- Officer of the Department of Defense, in coordi- (2) CO-CHAIRS.—(A) The Commission shall committee or member thereof, may, for the pur- nation with the Principal Cyber Advisor, the Di- have two co-chairs, selected from among the pose of carrying out the provisions of this sec- rector of Operations of the Joint Staff, and the members of the Commission. (B) One co-chair of the Commission shall be a tion— Commander of United States Cyber Command, (i) hold such hearings and sit and act at such shall establish risk thresholds for systems and member of the Democratic Party, and one co- chair shall be a member of the Republican times and places, take such testimony, receive network operations that, when exceeded, would such evidence, and administer such oaths; and trigger heightened security measures, such as Party. (C) The individuals who serve as the co-chairs (ii) require, by subpoena or otherwise, the at- enhanced monitoring and access policy changes. tendance and testimony of such witnesses and (d) ENTERPRISE GOVERNANCE, RISK, AND COM- of the Commission shall be jointly agreed upon by the President, the majority leader of the Sen- the production of such books, records, cor- PLIANCE PLAN.—Not later than 180 days after respondence, memoranda, papers, and docu- the date of the enactment of this Act, the Chief ate, the minority leader of the Senate, the Speaker of the House of Representatives, and ments, as the Commission or such designated Information Officer and the Principal Cyber Ad- subcommittee or designated member considers visor shall develop a plan to implement an en- the minority leader of the House of Representa- tives. necessary. terprise governance, risk, and compliance plat- (B) Subpoenas may be issued under subpara- (c) APPOINTMENT; INITIAL MEETING.— form and process to maintain current status of graph (A)(ii) under the signature of the co- (1) APPOINTMENT.—Members of the Commis- all information and operational technology as- chairs of the Commission, and may be served by sets, vulnerabilities, threats, and mitigations. sion shall be appointed not later than 45 days after the date of the enactment of this Act. any person designated by such co-chairs. SEC. 1634. CYBERSPACE SOLARIUM COMMISSION. (C) The provisions of sections 102 through 104 (2) INITIAL MEETING.—The Commission shall of the Revised Statutes of the United States (2 (a) ESTABLISHMENT.— hold its initial meeting on or before the date U.S.C. 192–194) shall apply in the case of any (1) IN GENERAL.—There is established a com- that is 60 days after the date of the enactment failure of a witness to comply with any sub- mission to develop a consensus on a strategic of this Act. poena or to testify when summoned under au- approach to protecting the crucial advantages (d) MEETINGS; QUORUM; VACANCIES.— thority of this section. of the United States in cyberspace against the (1) IN GENERAL.—After its initial meeting, the (2) CONTRACTING.—The Commission may, to attempts of adversaries to erode such advan- Commission shall meet upon the call of the co- such extent and in such amounts as are pro- tages. chairs of the Commission. vided in advance in appropriation Acts, enter (2) DESIGNATION.—The commission established (2) QUORUM.—Seven members of the Commis- into contracts to enable the Commission to dis- under paragraph (1) shall be known as the sion shall constitute a quorum for purposes of charge its duties under this title. ‘‘Cyberspace Solarium Commission’’ (in this sec- conducting business, except that two members of tion the ‘‘Commission’’). (3) INFORMATION FROM FEDERAL AGENCIES.— the Commission shall constitute a quorum for (A) The Commission may secure directly from (b) MEMBERSHIP.— purposes of receiving testimony. any executive department, agency, bureau, (1) COMPOSITION.—(A) Subject to subpara- (3) VACANCIES.—Any vacancy in the Commis- board, commission, office, independent estab- graph (B), the Commission shall be composed of sion shall not affect its powers, but shall be 13 members, as follows: lishment, or instrumentality of the Government filled in the same manner in which the original information, suggestions, estimates, and statis- (i) The Principal Deputy Director of National appointment was made. Intelligence. tics for the purposes of this title. (4) QUORUM WITH VACANCIES.—If vacancies in (B) Each such department, agency, bureau, (ii) The Deputy Secretary of Homeland Secu- the Commission occur on any day after 45 days board, commission, office, establishment, or in- rity. after the date of the enactment of this Act, a strumentality shall, to the extent authorized by (iii) The Deputy Secretary of Defense. quorum shall consist of a majority of the mem- law, furnish such information, suggestions, esti- (iv) Three members appointed by the majority bers of the Commission as of such day. mates, and statistics directly to the Commission, leader of the Senate, in consultation with the (e) ACTIONS OF COMMISSION.— upon request of the co-chairs of the Commission. Chairman of the Committee on Armed Services (1) IN GENERAL.—The Commission shall act by (C) The Commission shall handle and protect of the Senate, one of whom shall be a member of resolution agreed to by a majority of the mem- all classified information provided to it under the Senate and two of whom shall not be. bers of the Commission voting and present. this section in accordance with applicable stat- (v) Two members appointed by the minority (2) PANELS.—The Commission may establish utes and regulations. leader of the Senate, in consultation with the panels composed of less than the full member- (4) ASSISTANCE FROM FEDERAL AGENCIES.—(A) Ranking Member of the Committee on Armed ship of the Commission for purposes of carrying The Secretary of Defense shall provide to the Services of the Senate, one of whom shall be a out the duties of the Commission under this Commission, on a nonreimbursable basis, such member of the Senate and one of whom shall not title. The actions of any such panel shall be administrative services, funds, staff, facilities, be. subject to the review and control of the Commis- and other support services as are necessary for (vi) Three members appointed by the Speaker sion. Any findings and determinations made by the performance of the Commission’s duties of the House of Representatives, in consultation such a panel shall not be considered the find- under this title. with the Chairman of the Committee on Armed ings and determinations of the Commission un- (B) The Director of National Intelligence may Services of the House of Representatives, one of less approved by the Commission. provide the Commission, on a nonreimbursable whom shall be a member of the House of Rep- (3) DELEGATION.—Any member, agent, or staff basis, with such administrative services, staff, resentatives and two of whom shall not be. of the Commission may, if authorized by the co- and other support services as the Commission (vii) Two members appointed by the minority chairs of the Commission, take any action may request. leader of the House of Representatives, in con- which the Commission is authorized to take pur- (C) In addition to the assistance set forth in sultation with the Ranking Member of the Com- suant to this title. paragraphs (1) and (2), other departments and mittee on Armed Services of the House of Rep- (f) DUTIES.—The duties of the Commission are agencies of the United States may provide the resentatives, one of whom shall be a member of as follows: Commission such services, funds, facilities, staff, the House of Representatives and one of whom (1) To weigh the costs and benefits of various and other support as such departments and shall not be. strategic options to reach the goal of protecting agencies consider advisable and as may be au- (B)(i) The members of the Commission who are the advantages described in subsection (a)(1), thorized by law. not members of Congress and who are appointed including the political system of the United (D) The Commission shall receive the full and under clauses (iv) through (vii) of subparagraph States, the national security industrial sector of timely cooperation of any official, department,

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00130 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4141 or agency of the United States Government lated to the national security of the United SEC. 1635. PROGRAM TO ESTABLISH CYBER INSTI- whose assistance is necessary for the fulfillment States that is received, considered, or used by TUTES AT INSTITUTIONS OF HIGHER of the duties of the Commission under this title, the Commission under this title. LEARNING. including the provision of full and current brief- (B) Any information related to the national (a) PROGRAM AUTHORIZED.—The Secretary of ings and analyses. security of the United States that is provided to Defense may carry out a program to establish a (5) PROHIBITION ON WITHHOLDING INFORMA- the Commission by a congressional intelligence Cyber Institute at institutions of higher learning TION.—No department or agency of the Govern- committees or the congressional armed services selected under subsection (b) for purposes of ac- ment may withhold information from the Com- committees may not be further provided or re- celerating and focusing the development of mission on the grounds that providing the infor- leased without the approval of the chairman of foundational expertise in critical cyber oper- mation to the Commission would constitute the such committees. ational skills for future military and civilian leaders of the Armed Forces and the Department unauthorized disclosure of classified informa- (2) ACCESS AFTER TERMINATION OF COMMIS- of Defense, including such leaders of the reserve tion or information relating to intelligence SION.—Notwithstanding any other provision of sources or methods. law, after the termination of the Commission components. (b) SELECTED INSTITUTIONS OF HIGHER LEARN- (6) POSTAL SERVICES.—The Commission may under subsection (k)(2), only the members and ING.— use the United States postal services in the same designated staff of the congressional intelligence (1) IN GENERAL.—The Secretary of Defense manner and under the same conditions as the committees, the Director of National Intelligence shall select institutions of higher learning for departments and agencies of the United States. (and the designees of the Director), and such purposes of the program established under sub- (7) GIFTS.—The Commission may accept, use, other officials of the executive branch as the section (a) from among institutions of higher and dispose of gifts or donations of services or President may designate shall have access to in- learning that have a Reserve Officers’ Training property in carrying out its duties under this formation related to the national security of the Corps program. title. United States that is received, considered, or (2) CONSIDERATION OF SENIOR MILITARY COL- (h) STAFF OF COMMISSION.— used by the Commission. (1) IN GENERAL.—(A) The co-chairs of the LEGES.—In selecting institutions of higher learn- (k) FINAL REPORT; TERMINATION.— Commission, in accordance with rules agreed ing under paragraph (1), the Secretary shall (1) FINAL REPORT.—Not later than September upon by the Commission, shall appoint and fix consider the senior military colleges with Re- 1, 2019, the Commission shall submit to the con- the compensation of a staff director and such serve Officers’ Training Corps programs. gressional defense committees, the congressional other personnel as may be necessary to enable (c) ELEMENTS.—Each institute established intelligence committees, the Director of National the Commission to carry out its duties, without under the program authorized by subsection (a) Intelligence, and the Secretary of Defense, and regard to the provisions of title 5, United States shall include the following: the Secretary of Homeland Security a final re- Code, governing appointments in the competitive (1) Programs to provide future military and ci- port on the findings of the Commission. service, and without regard to the provisions of vilian leaders of the Armed Forces or the De- chapter 51 and subchapter III of chapter 53 of (2) TERMINATION.—(A) The Commission, and partment of Defense who possess cyber oper- such title relating to classification and General all the authorities of this section, shall termi- ational expertise from beginning through ad- Schedule pay rates, except that no rate of pay nate at the end of the 120-day period beginning vanced skill levels. Such programs shall include fixed under this subsection may exceed the on the date on which the final report under instruction and practical experiences that lead equivalent of that payable to a person occu- paragraph (1) is submitted to the congressional to recognized certifications and degrees in the pying a position at level V of the Executive defense and intelligence committees. cyber field. Schedule under section 5316 of such title. (B) The Commission may use the 120-day pe- (2) Programs of targeted strategic foreign lan- (B) Any Federal Government employee may be riod referred to in paragraph (1) for the pur- guage proficiency training for such future lead- detailed to the Commission without reimburse- poses of concluding its activities, including pro- ers that— ment from the Commission, and such detailee viding testimony to Congress concerning the (A) are designed to significantly enhance crit- shall retain the rights, status, and privileges of final report referred to in that paragraph and ical cyber operational capabilities; and his or her regular employment without interrup- disseminating the report. (B) are tailored to current and anticipated tion. (l) ASSESSMENTS OF FINAL REPORT.—Not later readiness requirements. (C) All staff of the Commission shall possess a than 60 days after receipt of the final report (3) Programs related to mathematical founda- security clearance in accordance with applicable under subsection (k)(1), the Director of National tions of cryptography and courses in cryp- laws and regulations concerning the handling Intelligence and the Secretary of Defense shall tographic theory and practice designed to com- of classified information. each submit to the congressional intelligence plement and reinforce cyber education along (2) CONSULTANT SERVICES.—(A) The Commis- committees and the congressional defense com- with the strategic language programs critical to sion may procure the services of experts and mittees an assessment by the Director or the Sec- cyber operations. consultants in accordance with section 3109 of retary, as the case may be, of the final report. (4) Programs related to data science and title 5, United States Code, but at rates not to Each assessment shall include such comments courses in data science theory and practice de- exceed the daily rate paid a person occupying a on the findings and recommendations contained signed to complement and reinforce cyber edu- position at level IV of the Executive Schedule in the final report as the Director or Secretary, cation along with the strategic language pro- under section 5315 of such title. as the case may be, considers appropriate. grams critical to cyber operations. (B) All experts and consultants employed by (m) INAPPLICABILITY OF CERTAIN ADMINISTRA- (5) Programs designed to develop early interest the Commission shall possess a security clear- TIVE PROVISIONS.— and cyber talent through summer programs, ance in accordance with applicable laws and (1) FEDERAL ADVISORY COMMITTEE ACT.—The dual enrollment opportunities for cyber, stra- regulations concerning the handling of classi- provisions of the Federal Advisory Committee tegic language, data science, and cryptography fied information. Act (5 U.S.C. App.) shall not apply to the activi- related courses. (i) COMPENSATION AND TRAVEL EXPENSES.— ties of the Commission under this section. (6) Training and education programs to ex- (1) COMPENSATION.—(A) Except as provided in (2) FREEDOM OF INFORMATION ACT.—The pro- pand the pool of qualified cyber instructors nec- paragraph (2), each member of the Commission visions of section 552 of title 5, United States essary to support cyber education in regional may be compensated at not to exceed the daily Code (commonly referred to as the Freedom of school systems. equivalent of the annual rate of basic pay in ef- Information Act), shall not apply to the activi- (d) PARTNERSHIPS WITH DEPARTMENT OF DE- fect for a position at level IV of the Executive ties, records, and proceedings of the Commission FENSE AND THE ARMED FORCES.—Any institute Schedule under section 5315 of title 5, United under this section. established under the program authorized by subsection (a) may enter into a partnership with States Code, for each day during which that (n) FUNDING.— member is engaged in the actual performance of one or more components of the Armed Forces, (1) AUTHORIZATION OF APPROPRIATIONS.— the duties of the Commission under this title. active or reserve, or any agency of the Depart- There is authorized to be appropriated $4,000,000 (B) Members of the Commission who are offi- ment of Defense to facilitate the development of to carry out this section. cers or employees of the United States or Mem- critical cyber skills for students who may pursue bers of Congress shall receive no additional pay (2) AVAILABILITY IN GENERAL.—Subject to a military career. paragraph (1), the Secretary of Defense shall by reason of their service on the Commission. (e) PARTNERSHIPS.—Any institute established (2) TRAVEL EXPENSES.—While away from their make available to the Commission such amounts under the program authorized by subsection (a) homes or regular places of business in the per- as the Commission may require for purposes of may enter into a partnership with one or more formance of services for the Commission, mem- the activities of the Commission under this sec- local educational agencies to facilitate the de- bers of the Commission may be allowed travel tion. velopment of critical cyber skills. expenses, including per diem in lieu of subsist- (3) DURATION OF AVAILABILITY.—Amounts (f) SENIOR MILITARY COLLEGES DEFINED.— ence, in the same manner as persons employed made available to the Commission under para- The term ‘‘senior military colleges’’ has the intermittently in the Government service are al- graph (2) shall remain available until expended. meaning given such term in section 2111a(f) of lowed expenses under section 5703 of title 5, (o) CONGRESSIONAL INTELLIGENCE COMMITTEES title 10, United States Code. United States Code. DEFINED.—In this section, the term ‘‘congres- SEC. 1636. ESTABLISHMENT OF CYBERSECURITY (j) TREATMENT OF INFORMATION RELATING TO sional intelligence committees’’ means— FOR DEFENSE INDUSTRIAL BASE NATIONAL SECURITY.— (1) the Select Committee on Intelligence of the MANUFACTURING ACTIVITY. (1) IN GENERAL.—(A) The Director of National Senate; and (a) ESTABLISHMENT.— Intelligence shall assume responsibility for the (2) the Permanent Select Committee on Intel- (1) AUTHORITY.—The Secretary of Defense handling and disposition of any information re- ligence of the House of Representatives. may, in consultation with the Director of the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00131 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4142 CONGRESSIONAL RECORD — SENATE June 19, 2018 National Institute of Standards and Tech- the Secretary shall submit to the appropriate of title 5, United States Code (commonly referred nology, establish an activity to assess and committees of Congress the list created pursuant to as the ‘‘Freedom of Information Act’’), or any strengthen the cybersecurity resiliency of the to subsection (a) and any accompanying anal- other similar provision of Federal or State law defense industrial base of the United States. ysis that contributed to the creation of the list. requiring the disclosure of information to the (2) DESIGNATION.—The activity that may be SEC. 1639. MITIGATION OF RISKS TO NATIONAL public. established under paragraph (1) shall be known SECURITY POSED BY PROVIDERS OF SEC. 1640. ESTABLISHMENT OF REGISTRY OF DIS- as the ‘‘Cybersecurity for Defense Industrial INFORMATION TECHNOLOGY PROD- CLOSURES. Base Manufacturing Activity’’. UCTS AND SERVICES WHO HAVE OB- (a) ESTABLISHMENT OF REGISTRY.—Not later (b) ACTIVITIES.—If the Secretary of Defense LIGATIONS TO FOREIGN GOVERN- than one year after the date of the enactment of MENTS. exercises the authority under subsection (a), the this Act, the Secretary of Defense shall— Secretary shall utilize the activity to explore (a) DISCLOSURE REQUIRED.—The Department (1) establish within the operational capabili- ways to increase the cybersecurity resilience of of Defense may not use a product, service, or ties of the Committee for National Security Sys- the defense industrial supply chain. Such explo- system relating to information or operational tems (CNSS) or within such other agency as the ration may include the following: technology, cybersecurity, an industrial control Secretary considers appropriate a registry con- (1) Developing cybersecurity test capabilities system, a weapons system, or computer antivirus taining the information disclosed under section to support identifying and reducing security provided by a person unless that person dis- 1639; and vulnerabilities (as defined in section 102 of the closes to the Secretary of Defense the following: (2) upon request, make such information Cybersecurity Information Sharing Act of 2015 (1) Whether the person has allowed a foreign available to any agency conducting a procure- (6 U.S.C. 1501)) in defense industrial base manu- government to review or access the code of a ment pursuant to the Federal Acquisition Regu- facturing processes. product, system, or service custom-developed for lations or the Defense Federal Acquisition Regu- (2) Developing in-person and online training the Department, or is under any obligation to lations. to help small defense industrial base manufac- allow a foreign person or government to review (b) EXEMPTION OF REGISTRY FROM FREEDOM turers improve their cybersecurity. or access the code of a product, system, or serv- OF INFORMATION ACT.—The contents of the reg- (3) Ensuring that cybersecurity for defense in- ice custom-developed for the Department as a istry established under subsection (a)(1) shall dustrial base manufacturing is included in De- condition of entering into an agreement for sale not be subject to section 552 of title 5, United partment of Defense research and development or other transaction with a foreign government States Code (commonly referred to as the ‘‘Free- roadmaps and threat assessments. or with a foreign person on behalf of such a dom of Information Act’’), or any other similar (4) Aggregating, developing, and dissemi- government. provision of Federal or State law requiring the nating capabilities to address cybersecurity (2) Whether the person has allowed a foreign disclosure of information to the public. threats that can be provided to and adopted by government listed in section 1638(a) to review or (c) ANNUAL REPORTS.—Not later than one defense industrial base manufacturers of all access the source code of a product, system, or year after the date of the enactment of this Act sizes. service that the Department is using or intends and not less frequently than once each year to use, or is under any obligation to allow a for- thereafter, the Secretary of Defense shall submit PART II—MITIGATION OF RISKS POSED BY eign person or government to review or access PROVIDERS OF INFORMATION TECH- to the appropriate committees of Congress a re- the source code of a product, system, or service port detailing the number, scope, product classi- NOLOGY WITH OBLIGATIONS TO FOR- that the Department is using or intends to use EIGN GOVERNMENTS fications, and mitigation agreements related to as a condition of entering into an agreement for each product, system, and service for which a SEC. 1637. DEFINITIONS. sale or other transaction with a foreign govern- disclosure is made under section 1639(a). In this part: ment or with a foreign person on behalf of such Subtitle D—Nuclear Forces (1) APPROPRIATE COMMITTEES OF CONGRESS a government. DEFINED.—The term ‘‘appropriate committees of (3) In a case in which the person is a United SEC. 1641. OVERSIGHT AND MANAGEMENT OF Congress’’ means— States person or an affiliate of a United States THE COMMAND, CONTROL, AND COM- (A) the Committee on Armed Services, the Se- person, whether or not the person holds or has MUNICATIONS SYSTEM FOR THE NA- TIONAL LEADERSHIP OF THE lect Committee on Intelligence, and the Com- sought a license pursuant to the Export Admin- UNITED STATES. mittee on Homeland Security and Governmental istration Regulations under subchapter C of (a) DESIGNATION OF RESPONSIBLE INDI- Affairs of the Senate; and chapter VII of title 15, Code of Federal Regula- VIDUAL.— (B) the Committee on Armed Services, the Per- tions, the International Traffic in Arms Regula- (1) IN GENERAL.—The Secretary of Defense manent Select Committee on Intelligence, and tions under subchapter M of chapter I of title shall designate a single individual to be respon- the Committee on Homeland Security of the 22, Code of Federal Regulations, or successor sible for oversight and strategic portfolio man- House of Representatives. regulations, for information technology prod- agement of the command, control, and commu- (2) INFORMATION TECHNOLOGY.—The term ‘‘in- ucts, components, software, or services that con- nications system for the national leadership of formation technology’’ has the meaning given tain code custom-developed for the product, sys- the United States (as defined in section 171a of such term in section 11101 of title 40, United tem, or service the Department is using or in- title 10, United States Code), including— States Code. tends to use. (A) nuclear command, control, and commu- (3) NATIONAL SECURITY SYSTEM.—The term (b) POST PROCUREMENT.—Procurement con- nications; ‘‘national security system’’ has the meaning tracts for covered products or systems shall in- (B) senior leadership communications systems; given such term in section 3552(b) of title 44, clude a clause requiring the information con- (C) integrated tactical warning and attack as- United States Code. tained in subsection (a) be disclosed during the sessment systems, processes, and enablers; and SEC. 1638. IDENTIFICATION OF COUNTRIES OF period of the contract if an entity becomes (D) continuity of government functions for CONCERN REGARDING CYBERSECU- aware of information requiring disclosure as per which the Department of Defense is responsible. RITY. that section, including any mitigation measures (2) AUTHORITIES.—Subject to the authority (a) IDENTIFICATION OF COUNTRIES OF CON- taken or anticipated. and direction of the Secretary, the individual CERN.—Not later than 180 days after the date of (c) MITIGATION OF RISKS.— designated under paragraph (1) shall have the the enactment of this Act, the Secretary of De- (1) IN GENERAL.—If, after reviewing a disclo- authority to direct the Secretaries of the mili- fense shall create a prioritized list of countries sure made by a person under subsection (a), the tary departments and officials in the Office of of concern regarding cybersecurity based on in- Secretary determines that the disclosure relating the Secretary of Defense with respect to matters formation relating to the following: to a product, system, or service entails a risk to described in paragraph (1), including— (1) A foreign government’s engagement in acts the national security infrastructure or data of (A) playing a significant and directive role in of violence against personnel of the United the United States, or any national security sys- the decision processes for all annual and multi- States or coalition forces. tem under the control of the Department, the year planning, programming, budgeting, and (2) A foreign government’s willingness and Secretary shall take such measures as the Sec- execution decisions, including the authority to record of providing financing, logistics, training retary considers appropriate to mitigate such realign the elements of the budgets and budget or intelligence to other persons, countries or en- risks, including, as the Secretary considers ap- requests of the military departments that relate tities posing a force protection or cybersecurity propriate, by conditioning any agreement for to the matters described in paragraph (1); risk to the personnel, financial systems, critical the use, procurement, or acquisition of the prod- (B) ensuring that the military departments infrastructure, or information systems of the uct, system, or service on the inclusion of en- comply with the standards of the Federal Gov- United States or coalition forces. forceable conditions or requirements that would ernment and the Department of Defense with re- (3) A foreign government’s engagement in for- mitigate such risks. spect to matters described in paragraph (1); and eign intelligence activities against the United (2) THIRD-PARTY TESTING STANDARD.—Not (C) any other authorities that the Secretary of States. later than two years after the date of the enact- Defense considers necessary. (4) A foreign government’s direct or indirect ment of this Act the Secretary shall develop (3) CHAIRPERSON OF COUNCIL ON OVERSIGHT OF participation in transnational organized crime such third-party testing standard as the Sec- THE NATIONAL LEADERSHIP COMMAND, CONTROL, or criminal activity. retary considers acceptable for commercial off AND COMMUNICATIONS SYSTEM.—The individual (5) A foreign government’s ability and intent the shelf (COTS) products, systems, or services designated under paragraph (1) shall serve as to conduct operations to affect the supply chain to use when dealing with foreign governments. the Chairperson of the Council on Oversight of of the United States Government. (d) EXEMPTION OF DISCLOSURES FROM FREE- the National Leadership Command, Control, (b) REPORT TO CONGRESS.—Not later than one DOM OF INFORMATION ACT.—A disclosure under and Communications System established under year after the date of the enactment of this Act, subsection (a) shall not be subject to section 552 section 171a of title 10, United States Code.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00132 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4143

(4) STAFF.—The individual designated under (ii) in the second sentence, by striking ‘‘the gram established under subsection (a). The paragraph (1) shall have sufficient dedicated Council’’ and inserting ‘‘the Chairperson’’; and Chairman and the Administrator may determine full-time personnel to carry out the responsibil- (B) in subparagraph (C), by striking ‘‘the how many participants to select under this ities of that individual under this subsection Council’’ and inserting ‘‘the Chairperson’’. paragraph without regard to the number of par- and as Chairperson of the Council on Oversight (9) STATUS OF ACQUISITION PROGRAMS.—Sub- ticipants selected from the other agency. of the National Leadership Command, Control, section (k) of such section is amended— (2) CRITERIA FOR SELECTION.— and Communications System. (A) in paragraph (1), in the matter preceding (A) IN GENERAL.—The Chairman and the Ad- (b) MODIFICATIONS TO COUNCIL ON OVERSIGHT subparagraph (A), by striking ‘‘the co-chairs of ministrator shall select participants for the ex- OF THE NATIONAL LEADERSHIP COMMAND, CON- the Council, acting through the senior steering change program established under subsection TROL, AND COMMUNICATIONS SYSTEM.— group of the Council,’’ and inserting ‘‘the (a) from among mid-career employees and based (1) MEMBERSHIP.—Subsection (b) of section Chairperson’’; and on— 171a of title 10, United States Code, is amend- (B) in paragraph (2), in the matter preceding (i) the qualifications and desire to participate ed— subparagraph (A), by striking ‘‘the co-chairs of in the program of the employee; and (A) in paragraph (2), by striking ‘‘, Tech- the Council’’ and inserting ‘‘the Chairperson’’. (ii) the technical needs and capacities of the nology, and Logistics’’ and inserting ‘‘and SEC. 1642. MODIFICATION TO REQUIREMENT FOR Department of Defense and the National Nu- Sustainment’’; CONVENTIONAL LONG-RANGE clear Security Administration, as applicable. (B) by redesignating paragraphs (3) through STANDOFF WEAPON. (B) DEPARTMENT OF DEFENSE.—In selecting (7) as paragraphs (4) through (8), respectively; (a) IN GENERAL.—Section 217(a) of the Na- participants from the Department of Defense for and tional Defense Authorization Act for Fiscal the exchange program established under sub- (C) by inserting after paragraph (2) the fol- Year 2014 (Public Law 113–66; 127 Stat. 706) is section (a), the Chairman shall ensure that lowing new paragraph (3): amended— there is a mix of military personnel and civilian ‘‘(3) The Under Secretary of Defense for Re- (1) in paragraph (1)— employees of the Department. search and Engineering.’’. (A) by striking subparagraph (A); and (d) TERMS.—Exchanges pursuant to the ex- (2) CHAIRPERSON.—Subsection (c) of such sec- (B) by redesignating subparagraphs (B) and change program established under subsection tion is amended to read as follows: (C) as subparagraphs (A) and (B), respectively; (a) shall be for terms of one to two years, as de- ‘‘(c) CHAIRPERSON.—The Chairperson of the and Council (in this section referred to as the termined and negotiated by the Chairman and (2) in paragraph (2)— the Administrator. Such terms may begin and ‘Chairperson’) shall be the individual des- (A) by striking ‘‘the Secretary may’’ and in- ignated by the Secretary of Defense under sec- end on a rolling basis. serting the following: ‘‘the Secretary— (e) GUIDANCE AND IMPLEMENTATION.— tion 1641(a) of the John S. McCain National De- ‘‘(A) may’’; (1) GUIDANCE.—Not later than 90 days after fense Authorization Act for Fiscal Year 2019 as (B) by striking the period at the end and in- the date of the enactment of this Act, the Chair- responsible for oversight and strategic portfolio serting ‘‘; and’’; and man and the Administrator shall jointly develop management of the command, control, and com- (C) by adding at the end the following: and submit to the congressional defense commit- munications system for the national leadership ‘‘(B) shall begin procurement and fielding of a tees interim guidance on the form and contours of the United States.’’. follow-on air-launched cruise missile to the of the exchange program established under sub- (3) RESPONSIBILITIES.—Subsection (d) of such AGM–86 for conventional missions not more section (a). section is amended— than five years after the successful completion (A) in paragraph (1), by striking ‘‘oversight’’ (2) IMPLEMENTATION.—Not later than 180 days of initial operational test and evaluation for and inserting ‘‘coordination’’; and after the date of the enactment of this Act, the such a missile for nuclear missions.’’. (B) in paragraph (2)— Chairman and the Administrator shall imple- (i) in the matter preceding subparagraph (A), (b) STATEMENT OF POLICY.—It is the policy of ment the guidance developed under paragraph by striking ‘‘oversight’’ and inserting ‘‘coordi- the United States to design and procure the (1). long-range standoff weapon to provide a nu- nation’’; SEC. 1644. PROCUREMENT AUTHORITY FOR CER- (ii) in subparagraph (B), by striking ‘‘mitiga- clear cruise missile capability to replace the TAIN PARTS OF INTERCONTINENTAL tion’’ and inserting ‘‘recommendations for miti- AGM–86 as part of the modernization of the nu- BALLISTIC MISSILE FUZES. gation actions’’; clear triad. (a) AVAILABILITY OF FUNDS.—Notwith- (iii) by striking subparagraphs (C) and (D) SEC. 1643. EXCHANGE PROGRAM FOR NUCLEAR standing section 1502(a) of title 31, United States and inserting the following new subparagraph WEAPONS PROGRAM EMPLOYEES. Code, of the amount authorized to be appro- (C): (a) PROGRAM AUTHORIZED.—The Chairman of priated for fiscal year 2019 by section 101 and ‘‘(C) Making recommendations to the Chair- the Nuclear Weapons Council established under available for Missile Procurement, Air Force, as person with respect to resource prioritization.’’; section 179 of title 10, United States Code, and specified in the funding table in division D, and the Administrator for Nuclear Security, shall $9,841,000 shall be available for the procurement (iv) by redesignating subparagraph (E) as jointly establish an exchange program under of covered parts pursuant to contracts entered subparagraph (D). which— into under section 1645(a) of the Carl Levin and (4) ANNUAL REPORTS.—Subsection (e) of such (1) the Chairman shall arrange for the tem- Howard P. ‘‘Buck’’ McKeon National Defense section is amended, in the matter preceding porary assignment of civilian and military per- Authorization Act for Fiscal Year 2015 (Public paragraph (1), by striking ‘‘the Council shall’’ sonnel working on nuclear weapons policy, pro- Law 113–291; 128 Stat. 3651). and inserting ‘‘the Chairperson shall’’. duction, and force structure issues in the Office (b) COVERED PARTS DEFINED.—In this section, (5) COLLECTION OF ASSESSMENTS ON CERTAIN of the Secretary of Defense, the Joint Staff, the the term ‘‘covered parts’’ means commercially THREATS.—Subsection (f) of such section is Navy, or the Air Force to the Office of the Dep- available off-the-shelf items as defined in sec- amended by striking ‘‘The Council shall’’ and uty Administrator for Defense Programs in the tion 104 of title 41, United States Code. inserting ‘‘The Chairperson shall, in consulta- National Nuclear Security Administration; and SEC. 1645. PLAN TO TRAIN OFFICERS IN NUCLEAR tion with the Council,’’. (2) the Administrator shall arrange for the COMMAND, CONTROL, AND COMMU- (6) BUDGET AND FUNDING MATTERS.—Sub- temporary assignment of civilian personnel NICATIONS. section (g) of such section is amended— working on programs related to nuclear weap- (a) IN GENERAL.—The Secretary of Defense (A) in paragraph (1), in the matter preceding ons in the Office of the Deputy Administrator shall, in consultation with the Secretary of the subparagraph (A), by striking ‘‘the Chairman of for Defense Programs to the elements of the De- Air Force, the Secretary of the Navy, and the the Joint Chiefs of Staff’’ and inserting ‘‘the partment of Defense specified in paragraph (1). Chairman of the Joint Chiefs of Staff, develop a Chairperson’’; (b) PURPOSES.—The purposes of the exchange (B) in paragraph (2)— plan to train, educate, manage, and track offi- (i) in the matter preceding subparagraph (A), program established under subsection (a) are— cers of the Armed Forces in nuclear command, (1) to familiarize personnel from the Depart- by striking ‘‘the Chairman of the Joint Chiefs of control, and communications. ment of Defense and the National Nuclear Secu- Staff’’ and inserting ‘‘the Chairperson’’; and (b) ELEMENTS.—The plan required by sub- (ii) by striking ‘‘the Chairman’’ each place it rity Administration with the equities, priorities, section (a) shall address— appears and inserting ‘‘the Chairperson’’; and processes, culture, and employees of the other (1) manpower requirements at various grades; (C) in paragraph (3), by striking ‘‘the Council agency; (2) desired career paths and promotion timing; shall’’ and inserting ‘‘the Chairperson shall’’. (2) for participants in the exchange program and (7) REPORTS ON SPACE ARCHITECTURE DEVEL- to return the expertise gained through their ex- (3) any other matters the Secretary of Defense OPMENT.—Subsection (i)(1) of such section is changes to their original agencies at the conclu- considers relevant to develop a mature cadre of amended by striking ‘‘the Under Secretary of sion of their exchanges; and officers with nuclear command, control, and Defense for Acquisitions, Technology, and Lo- (3) to improve communication between and in- communications expertise. gistics’’ and inserting ‘‘the Chairperson’’. tegration of the agencies that support the for- (c) SUBMISSION OF PLAN.—Not later than 180 (8) NOTIFICATION OF REDUCTION OF CERTAIN mation and oversight of nuclear weapons policy days after the date of the enactment of this Act, WARNING TIME.—Subsection (j)(2) of such section through lasting relationships across the chain of the Secretary of Defense shall submit the plan is amended— command. required by subsection (a) to the Committee on (A) in the matter preceding subparagraph (c) PARTICIPANTS.— Armed Services of the Senate and the Committee (A)— (1) NUMBER OF PARTICIPANTS.—The Chairman on Armed Services of the House of Representa- (i) in the first sentence, by striking ‘‘the and the Administrator shall each select not tives. Council’’ and inserting ‘‘the Chairperson, in fewer than 5 and not more than 10 participants (d) IMPLEMENTATION.—The plan required by consultation with the Council,’’; and per year for participation in the exchange pro- subsection (a) shall be implemented not later

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00133 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4144 CONGRESSIONAL RECORD — SENATE June 19, 2018 than 18 months after the date of the enactment States has made no major new investments in its (A) controlling the spread of nuclear mate- of this Act. nuclear forces, yet other countries have con- rials, technology, and expertise; SEC. 1646. PLAN FOR ALIGNMENT OF ACQUISI- ducted vigorous buildups. This history does not (B) decreasing the risk of misperception and TION OF WARHEAD LIFE EXTENSION support the contention that U.S. investments miscalculation; and PROGRAMS AND DELIVERY VEHI- fuel the nuclear programs of others. My views (C) avoiding destabilizing nuclear arms com- CLES FOR SUCH WARHEADS. are reflected in the latest Nuclear Posture Re- petition; and Not later than February 15, 2019, the Chair- view.’’. (9) the United States should continue to af- man of the Nuclear Weapons Council estab- (4) Former Under Secretary of Defense for firm its commitments to arms control efforts that lished under section 179 of title 10, United States Policy Jim Miller recently wrote, ‘‘Secretary of advance the security of the United States and Code, shall submit to the congressional defense Defense Jim Mattis’s 2018 Nuclear Posture Re- countries that are allies or partners of the committees a plan containing a proposal for bet- view offers continuity with past U.S. policy and United States, and are verifiable and enforce- ter aligning the acquisition of warhead life ex- plans, including those in the 2010 NPR. It de- able, including the Treaty between the United tension programs by the National Nuclear Secu- serves broad bipartisan support.’’. States of America and the Russian Federation rity Administration with the acquisition of the (5) The Foreign Minister of Japan, Taro on Measures for the Further Reduction and planned delivery vehicles for such warheads by Kono, said in a statement on February 3, 2018, Limitation of Strategic Offensive Arms, signed the Department of Defense. ‘‘Japan highly appreciates the latest NPR which on April 8, 2010, and entered into force on Feb- SEC. 1647. EXTENSION OF ANNUAL REPORT ON clearly articulates the U.S. resolve to ensure the ruary 5, 2011 (commonly known as the ‘‘New PLAN FOR THE NUCLEAR WEAPONS effectiveness of its deterrence and its commit- START Treaty’’), which is in effect through STOCKPILE, NUCLEAR WEAPONS ment to providing extended deterrence to its al- February 2021, and with mutual agreement may COMPLEX, NUCLEAR WEAPONS DE- lies including Japan, in light of the inter- be extended for up to five years. LIVERY SYSTEMS, AND NUCLEAR national security environment which has been Subtitle E—Missile Defense Programs WEAPONS COMMAND AND CONTROL rapidly worsened since the release of the pre- SYSTEM. vious 2010 NPR, in particular, by continued de- SEC. 1651. EXTENSION OF PROHIBITION RELAT- Section 1043 of the National Defense Author- velopment of North Korea’s nuclear and missile ING TO MISSILE DEFENSE INFORMA- TION AND SYSTEMS. ization Act for Fiscal Year 2012 (Public Law programs.’’. 112–81; 125 Stat. 1576), as most recently amended (6) In testimony before the Committee on Section 130h(e) of title 10, United States Code, by section 1665 of the National Defense Author- Armed Services of the Senate on April 30, 2018, is amended by striking ‘‘January 1, 2019’’ and ization Act for Fiscal Year 2018 (Public Law Secretary of Defense Jim Mattis said, ‘‘Modern- inserting ‘‘January 1, 2021’’. 115–91), is further amended in subsection (a)(1) izing the nation’s nuclear deterrent delivery sys- SEC. 1652. MULTIYEAR PROCUREMENT AUTHOR- by striking ‘‘2019’’ and inserting ‘‘2024’’. tems and our nuclear command and control is ITY FOR STANDARD MISSILE–3 IB GUIDED MISSILES. SEC. 1648. PROHIBITION ON USE OF FUNDS FOR the [Department of Defense’s] top priority.’’. ACTIVITIES TO MODIFY UNITED (b) SENSE OF THE SENATE.—It is the sense of (a) AUTHORITY FOR MULTIYEAR PROCURE- STATES AIRCRAFT TO IMPLEMENT the Senate that— MENT.—Subject to section 2306b of title 10, OPEN SKIES TREATY. (1) the 2018 Nuclear Posture Review is a meas- United States Code, the Secretary of Defense (a) IN GENERAL.—None of the funds author- ured and appropriate response to the current se- may enter into one or more multiyear contracts, ized to be appropriated by this Act or otherwise curity environment, taking into account the de- beginning with the fiscal year 2019 program made available for fiscal year 2019 for research, velopments in other nuclear weapons states year, for the procurement of Standard Missile– development, test, and engineering or aircraft such as the People’s Republic of China and the 3 Block IB guided missiles. procurement, Air Force, for the digital visual Russian Federation and the return to great (b) AUTHORITY FOR ADVANCE PROCUREMENT.— imaging system may be obligated or expended to power competition as identified by two succes- The Secretary may enter into one or more con- carry out any activities to modify any United sive Secretaries of Defense and outlined in the tracts for advance procurement associated with States aircraft for purposes of implementing the 2018 National Defense Strategy; the missiles for which authorization to enter Open Skies Treaty until— (2) Congress should fully fund the complete into a multiyear procurement contract is pro- (1) the Secretary of Defense submits to the ap- nuclear modernization program of the Depart- vided under subsection (a). propriate congressional committees the certifi- ment of Defense, including the Columbia-class (c) COST ANALYSIS REQUIREMENT.—The Sec- cation described in paragraph (2) of section submarine, the Ground-Based Strategic Deter- retary may not exercise the authority provided 1235(b) of the National Defense Authorization rent, the B–21 long-range bomber, the Long- under subsection (a) or (b) until the Secretary Act for Fiscal Year 2018 (Public Law 115–91); Range Stand-Off weapon, the re-engining of the submits to the congressional defense committees and B–52H bomber, and dual-capable aircraft; the report and confirmation required under sub- (2) the President submits to the appropriate (3) the Department of Defense should organize paragraphs (A) and (B), respectively, of section congressional committees the certification de- itself appropriately to engineer, acquire, and op- 2306b(i)(2) of title 10, United States Code. scribed in paragraph (3) of such section. erate nuclear command, control, and commu- (d) CONDITION FOR OUT-YEAR CONTRACT PAY- (b) DEFINITIONS.—In this section: nications systems that are secure, reliable, and MENTS.—A contract entered into under sub- (1) APPROPRIATE CONGRESSIONAL COMMIT- modernized; section (a) shall provide that any obligation of TEES.—The term ‘‘appropriate congressional (4) Congress should fully fund the National the United States to make a payment under the committees’’ means— Nuclear Security Administration component of contract for a fiscal year after fiscal year 2019 (A) the congressional defense committees; and the nuclear modernization program, including— is subject to the availability of appropriations (B) the Committee on Foreign Relations of the (A) the existing warhead life extension pro- for that purpose for such later fiscal year. Senate and the Committee on Foreign Affairs of grams and major alterations, including the W76– SEC. 1653. EXTENSION OF REQUIREMENT FOR RE- the House of Representatives. 2 warhead modification program and the W80–4 PORTS ON UNFUNDED PRIORITIES OF MISSILE DEFENSE AGENCY. (2) OPEN SKIES TREATY.—The term ‘‘Open life extension program; and (B) the recapitalization of infrastructure for Skies Treaty’’ means the Treaty on Open Skies, Section 1696 of the National Defense Author- production and processing of plutonium pits, done at Helsinki March 24, 1992, and entered ization Act for Fiscal Year 2017 (130 Stat. 2638; uranium, tritium, lithium, and trusted strategic into force January 1, 2002. Public Law 114–328) is amended— radiation-hardened microelectronics; (1) in subsection (a)— SEC. 1649. SENSE OF SENATE ON NUCLEAR POS- (5) in order to execute the programs described (A) by striking ‘‘Not later than’’ and inserting TURE REVIEW. in this subsection in the timely fashion required ‘‘Each year, not later than’’ (a) FINDINGS.—Congress makes the following by the Nuclear Posture Review, the National (B) by striking ‘‘for each of fiscal years 2018 findings: Nuclear Security Administration must balance and 2019’’; and (1) Secretary of Defense James Mattis said in workload, improve management of large pro- (2) in subsection (c), by striking ‘‘the budget his opening statement before the Committee on grams, and better integrate its acquisition pro- if’’ and all that follows through the period at Armed Services of the House of Representatives grams with those of the Department of Defense; the end and inserting ‘‘the budget if additional on February 6, 2018, ‘‘Maintaining an effective (6) the United States maintains a steadfast resources had been available for the budget to nuclear deterrent is much less expensive than commitment to the policy of extended deterrence fund the program, activity, or mission require- fighting a war that we were unable to deter.’’. in Europe and East Asia, and the nuclear mod- ment.’’. (2) In the same statement, Secretary Mattis ernization program will ensure that commitment SEC. 1654. IRON DOME SHORT-RANGE ROCKET said, ‘‘Recapitalizing the nuclear weapons com- remains credible; DEFENSE SYSTEM AND ISRAELI CO- plex of laboratories and plants is also long past (7) the United States should continue to honor OPERATIVE MISSILE DEFENSE PRO- due . . . Due to consistent underfunding, sig- long-held arms control, nonproliferation, and GRAM CO-DEVELOPMENT AND CO- nificant and sustained investments will be re- nuclear security commitments, and should seek PRODUCTION. quired over the coming decade to ensure that to increase transparency and predictability (a) IRON DOME SHORT-RANGE ROCKET DE- the National Nuclear Security Administration through strategic dialogue, risk-reduction com- FENSE SYSTEM.— will be able to deliver at the rate needed to sup- munication channels, and the sharing of best (1) AVAILABILITY OF FUNDS.—Of the funds au- port nuclear deterrence into the 2030s and be- practices; thorized to be appropriated by this Act or other- yond.’’. (8) when complied with by all parties, effec- wise made available for fiscal year 2019 for pro- (3) Former Secretary of Defense Ash Carter re- tive nuclear nonproliferation and arms control curement, Defense-wide, and available for the cently wrote that ‘‘it is essential to recapitalize measures and agreements can support the secu- Missile Defense Agency, not more than the nuclear Triad, because it is the bedrock of rity of the United States and countries that are $70,000,000 may be provided to the Government deterrence. During the past 25 years, the United allies or partners of the United States by— of Israel to procure components for the Iron

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00134 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4145 Dome short-range rocket defense system through tually agreed to by the United States and Combatant Command-Integrated Missile De- co-production of such components in the United Israel); fense, the service acquisition executives (as de- States by industry of the United States. (C) the United States has entered into a bilat- fined in section 101 of title 10, United States (2) CONDITIONS.— eral international agreement with Israel that es- Code), and the commanders of the combatant (A) AGREEMENT.—Funds described in para- tablishes, with respect to the use of such commands, develop operationally relevant graph (1) for the Iron Dome short-range rocket funds— metrics for evaluating the effectiveness of the defense program shall be available subject to the (i) in accordance with subparagraph (D), the integrated Ballistic Missile Defense System terms and conditions in the Agreement Between terms of co-production of parts and components (BMDS) and its components and elements the Department of Defense of the United States on the basis of the greatest practicable co-pro- against operationally realistic ballistic missile of America and the Ministry of Defense of the duction of parts, components, and all-up rounds attacks into areas defended by United States State of Israel Concerning Iron Dome Defense (if appropriate) by United States industry and combatant commands. System Procurement, signed on March 5, 2014, minimizes nonrecurring engineering and (b) INCORPORATION OF METRICS INTO ANNUAL as amended to include co-production for Tamir facilitization expenses to the costs needed for co- REPORTS.—Beginning in February 2019, the Di- interceptors. production; rector of the Missile Defense Agency shall incor- (B) CERTIFICATION.—Not later than 30 days (ii) complete transparency on the requirement porate the metrics developed under subsection prior to the initial obligation of funds described of Israel for the number of interceptors and bat- (a) into the annual reports of the Director to the in paragraph (1), the Director of the Missile De- teries that will be procured, including with re- congressional defense committees, including an fense Agency and the Under Secretary of De- spect to the procurement plans, acquisition assessment of progress against such metrics on fense for Acquisition and Sustainment shall strategy, and funding profiles of Israel; the acquisition baseline of the Missile Defense jointly submit to the appropriate congressional (iii) technical milestones for co-production of Agency. committees— parts and components and procurement; (c) LIMITATION.—Of the funds authorized to (i) a certification that the amended bilateral (iv) a joint affordability working group to be appropriated for fiscal year 2019 by this Act international agreement specified in subpara- consider cost reduction initiatives; and and available for the Command and Control, graph (A) is being implemented as provided in (v) joint approval processes for third-party Battle Management and Communications such agreement; and sales; and (C2BMC) program, not more than 50 percent (ii) an assessment detailing any risks relating (D) the level of co-production described in may be obligated or expended until the Director to the implementation of such agreement. subparagraph (C)(i) for the Arrow 3 Upper Tier develops the metrics required by subsection (a). (b) ISRAELI COOPERATIVE MISSILE DEFENSE Interceptor Program is not less than 50 percent. SEC. 1656. MODIFICATION OF REQUIREMENT RE- PROGRAM, DAVID’S SLING WEAPON SYSTEM CO- (3) WAIVER.—The Under Secretary may waive LATING TO TRANSITION OF BAL- PRODUCTION.— the certification required by paragraph (2) if the LISTIC MISSILE DEFENSE PRO- (1) IN GENERAL.—Subject to paragraph (2), of Under Secretary certifies to the appropriate con- GRAMS TO MILITARY DEPARTMENTS. the funds authorized to be appropriated for fis- gressional committees that the Under Secretary Section 1676(b)(2) of the National Defense Au- cal year 2019 for procurement, Defense-wide, has received sufficient data from the Govern- thorization Act for Fiscal Year 2018 (Public Law and available for the Missile Defense Agency ment of Israel to demonstrate— 115–91) is amended by inserting ‘‘or equivalent not more than $50,000,000 may be provided to (A) the funds specified in paragraph (1) are approval’’ before the period at the end. the Government of Israel to procure the David’s provided to Israel solely for funding the pro- SEC. 1657. SENSE OF THE SENATE ON ACCELERA- Sling Weapon System, including for co-produc- curement of long-lead components and critical TION OF MISSILE DEFENSE CAPA- tion of parts and components in the United hardware in accordance with a production BILITIES. States by United States industry. plan, including a funding profile detailing (a) SENSE OF THE SENATE.—It is the sense of (2) CERTIFICATION.—The Under Secretary of Israeli contributions for production, including the Senate that the Missile Defense Agency Defense for Acquisition and Sustainment shall long-lead production, of the Arrow 3 Upper Tier should— submit to the appropriate congressional commit- Interceptor Program; (1) accelerate the fielding, if technically fea- tees a certification that— (B) such long-lead components have success- sible, of the planned additional 20 ground-based (A) the Government of Israel has dem- fully completed knowledge points, technical interceptors with Redesigned Kill Vehicles onstrated the successful completion of the milestones, and production readiness reviews; (RKV) at Missile Field 4 at Fort Greely, Alaska, knowledge points, technical milestones, and pro- and and to mate the Redesigned Kill Vehicles with duction readiness reviews required by the re- (C) the long-lead procurement will be con- the newest booster technology; search, development, and technology agreement ducted in a manner that maximizes co-produc- (2) weigh the rapid growth in missile and nu- and the bilateral co-production agreement for tion in the United States without incurring non- clear threats against the cost and risk of accel- the David’s Sling Weapon System; recurring engineering activity or cost other than erating the Redesigned Kill Vehicle and the (B) funds specified in paragraph (1) will be such activity or cost required for suppliers of the Multi-Object Kill Vehicle development and de- provided on the basis of a one-for-one cash United States to start or restart production in ployment; match made by Israel or in another matching the United States. (3) ensure, prior to its operational deployment, amount that otherwise meets best efforts (as mu- (d) NUMBER.—In carrying out paragraph (2) that the Redesigned Kill Vehicle has dem- tually agreed to by the United States and of subsection (b) and paragraph (2) of sub- onstrated the ability to accomplish its intended Israel); and section (c), the Under Secretary may submit— mission through a successful, operationally real- (C) the level of co-production of parts, compo- (1) one certification covering both the David’s istic flight test; nents, and all-up rounds (if appropriate) in the Sling Weapon System and the Arrow 3 Upper (4) rapidly develop and deploy a persistent, United States by United States industry for the Tier Interceptor Program; or space-based sensor architecture to ensure our David’s Sling Weapon System is not less than 50 (2) separate certifications for each respective missile defenses are more effective against bal- percent. system. listic missile threats and more responsive to new (c) ISRAELI COOPERATIVE MISSILE DEFENSE (e) TIMING.—The Under Secretary shall submit and emergent threats from hypersonic and PROGRAM, ARROW 3 UPPER TIER INTERCEPTOR to the congressional defense committees the cer- cruise missiles; PROGRAM CO-PRODUCTION.— tifications under paragraph (2) of subsection (b) (5) pursue innovative concepts for existing (1) IN GENERAL.—Subject to paragraph (2), of and paragraph (2) of subsection (c) by not later technologies, such as a missile defense role for the funds authorized to be appropriated for fis- than 60 days before the funds specified in para- the F–35 aircraft; and cal year 2019 for procurement, Defense-wide, graph (1) of subsections (b) and (c) for the re- (6) invest in advanced technologies, such as and available for the Missile Defense Agency spective system covered by the certification are boost-phase warning, tracking, and intercept. not more than $80,000,000 may be provided to provided to the Government of Israel. (b) REPORT.— the Government of Israel for the Arrow 3 Upper (f) APPROPRIATE CONGRESSIONAL COMMITTEES (1) IN GENERAL.—Not later than 180 days after Tier Interceptor Program, including for co-pro- DEFINED.—In this section, the term ‘‘appro- the date of the enactment of this Act, the Direc- duction of parts and components in the United priate congressional committees’’ means the fol- tor of the Missile Defense Agency shall submit States by United States industry. lowing: to the congressional defense committees a report (2) CERTIFICATION.—Except as provided by (1) The congressional defense committees. on ways the Missile Defense Agency can accel- paragraph (3), the Under Secretary of Defense (2) The Committee on Foreign Relations of the erate the construction of Missile Field 4 at Fort for Acquisition and Sustainment shall submit to Senate and the Committee on Foreign Affairs of Greely, Alaska, as well as the deployment of 20 the appropriate congressional committees a cer- the House of Representatives. ground-based interceptors with Redesigned Kill tification that— SEC. 1655. METRICS FOR EVALUATING EFFEC- Vehicles (RKV) at such missile field, by at least (A) the Government of Israel has dem- TIVENESS OF INTEGRATED BAL- one year. onstrated the successful completion of the LISTIC MISSILE DEFENSE SYSTEM (2) CONTENTS.—The report required by para- knowledge points, technical milestones, and pro- AGAINST OPERATIONALLY REAL- graph (1) shall include the following: duction readiness reviews required by the re- ISTIC BALLISTIC MISSILE ATTACKS. (A) A threat-based description of the benefits search, development, and technology agreements (a) DEVELOPMENT OF METRICS REQUIRED.— and risks of accelerating the construction and for the Arrow 3 Upper Tier Interceptor Program; The Director of the Missile Defense Agency deployment referred to in paragraph (1). (B) funds specified in paragraph (1) will be shall, in coordination with the Director of Oper- (B) A description of the technical and acquisi- provided on the basis of a one-for-one cash ational Test and Evaluation, the Director of the tion risks and potential effects on the reliability match made by Israel or in another matching Ballistic Missile Defense System Operational of the Redesigned Kill Vehicle if deployment is amount that otherwise meets best efforts (as mu- Test Agency, the Commander of the Joint Forces accelerated as described in paragraph (1).

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4146 CONGRESSIONAL RECORD — SENATE June 19, 2018 (C) A description of the cost implications of committees a report on how hypersonic missile the National Defense Authorization Act for Fis- accelerating the construction and deployment defense can be accelerated to meet emerging cal Year 2018 (Public Law 115–91) is amended by referred to in paragraph (1). hypersonic threats. striking ‘‘If consistent’’ and all that follows (D) A description of the effect such accelera- (2) CONTENTS.—The report submitted under through ‘‘develop’’ and inserting ‘‘Not later tion would have on the Redesigned Kill Vehicle paragraph (1) shall include the following: than December 31, 2018, the Director of the Mis- flight test schedule and the overall Integrated (A) An estimate of the cost of such accelera- sile Defense Agency shall, in coordination with Master Test Plan. tion. the Secretary of the Air Force and the Director (E) A description of the effect that the accel- (B) The technical requirements and acquisi- of the Defense Advanced Research Projects eration described in paragraph (1) would have tion plan needed for the Director to develop and Agency, commence developing’’. on re-tipping currently deployed exoatmospheric deploy a hypersonic missile defense program. (b) DEPLOYMENT DEADLINE.—Such subsection kill vehicles with the Redesigned Kill Vehicle. (C) A testing campaign plan that accelerates is further amended— (F) A description of how such acceleration the delivery of hypersonic defense systems to the (1) by striking ‘‘(A) IN GENERAL.—’’ and in- would align with the deployment of the long warfighter. serting the following: range discrimination radar and the homeland (3) FORM.—The report required by paragraph ‘‘(a) DEVELOPMENT AND DEPLOYMENT.— defense radar-Hawaii. (1) shall be submitted in unclassified form, but ‘‘(1) DEVELOPMENT.—’’; and (G) A cost-benefit analysis and a feasibility may include a classified annex. (2) by adding at the end the following new assessment for construction of a fifth missile SEC. 1660. SENSE OF THE SENATE ON ALLIED paragraph: field at Fort Greely, Alaska. PARTNERSHIPS FOR MISSILE DE- ‘‘(2) DEPLOYMENT.—The Director of the Mis- (3) FORM.—The report required by paragraph FENSE. sile Defense Agency shall ensure that the sensor It is the sense of the Senate that— (1) shall be submitted in unclassified form, but architecture developed under paragraph (1) is (1) the United States should seek additional may include a classified annex. deployed on or before December 31, 2022.’’. opportunities, at the tactical, operational, and SEC. 1658. INTEGRATED AIR AND MISSILE DE- (c) COMPATIBILITY WITH EFFORTS OF DEFENSE strategic levels, to provide missile defense capa- FENSE FOR EVOLVING THEATER MIS- ADVANCED RESEARCH PROJECTS AGENCY.—Such bilities, doctrine, interoperability, and planning SILE THREATS. section is amended— to allies and trusted partners of the United (a) SENSE OF THE SENATE.—It is the Sense of (1) by redesignating subsections (e) and (f) as the Senate that— States; (2) an expedited foreign military sales ar- subsection (f) and (g), respectively; and (1) the United States should utilize regional (2) by inserting after subsection (d) the fol- rangement would be beneficial in delivering missile defense assets to counter and deter lowing new subsection (e): such missile defenses to allies and trusted part- against cruise, short-to-medium-range ballistic, ‘‘(e) COMPATIBILITY WITH EFFORTS OF DE- ners; and and hypersonic missile threats; FENSE ADVANCED RESEARCH PROJECTS AGEN- (2) the United States should continue to rap- (3) it is important to continue to work with al- lies and trusted partners, such as Israel, to CY.—The Director shall ensure that the sensor idly work toward the interoperability of all architecture developed under subsection (a) is United States missile defense systems for a more learn from their experience deploying successful missile defense technologies. compatible with efforts of the Defense Advanced effective layered defense; and Research Projects Agency relating to space- SEC. 1660A. SENSE OF THE SENATE ON RESULTS (3) the United States Army should increase its based sensors for missile defense.’’. attention, focus, and resources developing an OF TESTS CARRIED OUT BY MISSILE DEFENSE AGENCY. (d) REPORT ON PROGRESS.— integrated air-and-missile defense architecture It is the sense of the Senate that— (1) IN GENERAL.—Not later than 90 days after to protect both land and air forces from cruise, (1) tests carried out by the Missile Defense the date of the enactment of this Act, Secretary short-to-medium-range ballistic, and hypersonic Agency, which do not achieve an intercept or of Defense shall submit to the congressional de- missile threats. the main objective, should not be considered fense committees a report on the progress of all (b) REPORT.— failures; efforts being made by the Missile Defense Agen- (1) IN GENERAL.—Not later than 90 days after (2) the Missile Defense Agency—in an effort to cy, the Defense Advanced Research Projects the date of the enactment of this Act, if con- deliver capabilities at the speed of relevance— Agency, and the Air Force relating to space- sistent with the direction or recommendations of should recognize the learning value of indi- based sensing and tracking capabilities for mis- the Missile Defense Review that commenced in vidual advancements made by all test events, sile defense and how each of such organizations 2017, the Secretary of Defense shall submit to rather than viewing any total outcome as an in- will work together to avoid duplication of ef- the congressional defense committees a report on dication of the reliability of entire missile de- forts. the Department’s plan for the creation of a fully fense systems; (2) FORM.—The report required by paragraph interoperable and integrated air and missile de- (3) the Missile Defense Agency should, as part (1) shall be submitted in unclassified form, but fense architecture. of its test program, continue to build an inde- may include a classified annex. (2) ELEMENTS.—Elements of the report re- pendently accredited modeling and simulation quired by paragraph (1) are as follows: SEC. 1660D. MODIFICATION OF REQUIREMENT TO element to better inform missile defense perform- DEVELOP A SPACE-BASED BALLISTIC (A) An intelligence assessment of cruise, ance assessments and test criteria; and MISSILE INTERCEPT LAYER. short-to-medium-range ballistic, and hypersonic (4) the Missile Defense Agency should con- (a) DISSOCIATION WITH BALLISTIC MISSILE DE- missile threats to the United States and its de- tinue to pursue an increasingly rigorous testing FENSE REVIEW.—Subsection (a) of section 1688 of ployed forces. regime, in coordination with the Office of the the National Defense Authorization Act for Fis- (B) An examination of current United States Director, Operational Test and Evaluation, to cal Year 2018 (Public Law 115–91) is amended, in capabilities to defeat the threats included in the more rapidly deliver capabilities to the the matter before paragraph (1), by striking ‘‘If report required by subparagraph (A) and an warfighter as the threat evolves. consistent’’ and all that follows through ‘‘the analysis of the existing capability and resource SEC. 1660B. SENSE OF THE SENATE ON DISCRIMI- Director’’ and inserting ‘‘The Director’’. gaps. NATION FOR MISSILE DEFENSE. (b) CONFORMING AMENDMENT.—Subsection (b) (C) An analysis of the level of integration and (a) SENSE OF THE SENATE.—It is the sense of of such section is amended, in the matter before interoperability of United States missile defense the Senate that prioritizing discrimination capa- paragraph (1), by striking ‘‘If the Director car- systems and the future requirements needed to bilities to improve missile defense effectiveness ries out subsection (a), not later’’ and inserting become fully integrated and interoperable to de- against current and future threats is critically ‘‘Not later’’. feat the threats included in the report required important. Subtitle F—Other Matters by subparagraph (A). (b) REPORT.— (D) A description of the current state of sur- (1) IN GENERAL.—Not later than 90 days after SEC. 1661. ASSESSMENT OF ELECTRONIC WAR- vivability of United States missile defense sys- the date of the enactment of this Act, the Direc- FARE CAPABILITIES OF RUSSIA AND tems against the full spectrum of air and missile tor of the Missile Defense Agency shall submit CHINA. threats from near-peer threats and any planned to the congressional defense committees a report (a) IN GENERAL.—Not later than 270 days efforts to increase survivability. on the following: after the date of the enactment of this Act, the (3) FORM.—The report required by paragraph (A) Needed discrimination improvements with- Director of the Defense Intelligence Agency (1) shall be submitted in unclassified form, but in the missile defense architecture. shall submit to the congressional defense com- may include a classified annex. (B) The Missile Defense Agency’s plan to rap- mittees and the congressional intelligence com- SEC. 1659. ACCELERATION OF HYPERSONIC MIS- idly field advanced discrimination capabilities. mittees (as defined in section 3 of the National SILE DEFENSE PROGRAM. (C) An analysis of efforts to address discrimi- Security Act of 1947 (50 U.S.C. 3003)) country- (a) ACCELERATION OF PROGRAM.—The Direc- nation challenges against emerging adversary wide assessments of the electronic warfare capa- tor of the Missile Defense Agency shall accel- threats, including hypersonic and cruise mis- bilities of the Russian Federation and the Peo- erate the hypersonic missile defense program of siles. ple’s Republic of China. the Missile Defense Agency. (2) FORM.—The report required by paragraph (b) CONTENTS.—The assessments submitted (b) DEPLOYMENT.—The Director shall deploy (1) shall be submitted in unclassified form, but under subsection (a) shall include, for the coun- such program in conjunction with a persistent may include a classified annex. tries concerned, the following: space-based missile defense sensor program. SEC. 1660C. DEVELOPMENT AND DEPLOYMENT OF (1) The electronic warfare doctrine. (c) REPORT.— PERSISTENT SPACE-BASED SENSOR (2) The order of battle on land, sea, air, space, (1) IN GENERAL.—Not later than 90 days after ARCHITECTURE. and cyberspace. the date of the enactment of this Act, the Direc- (a) DISSOCIATION WITH BALLISTIC MISSILE DE- (3) The current status of expected direction of tor shall submit to the congressional defense FENSE REVIEW.—Subsection (a) of section 1683 of technology and research over the next 10 years.

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SEC. 1662. BUDGET EXHIBIT ON SUPPORT PRO- qualified individuals in a timely manner, and ‘‘(4) COUNTRY OF SPECIAL CONCERN.— VIDED TO ENTITIES OUTSIDE DE- that those individuals’ security clearances are ‘‘(A) IN GENERAL.—The term ‘country of spe- PARTMENT OF DEFENSE. processed as a high priority; cial concern’ means a country that poses a sig- (a) IN GENERAL.—The Under Secretary of De- (6) the President should conduct a more ro- nificant threat to the national security interests fense (Comptroller) shall include in the budget bust international outreach effort to urge and of the United States. justification materials submitted to Congress in help allies and partners of the United States to ‘‘(B) RULE OF CONSTRUCTION.—This para- support of the Department of Defense budget for establish processes that parallel the Committee graph shall not be construed to require the Com- each fiscal year (as submitted with the budget of on Foreign Investment in the United States to mittee to maintain a list of countries of special the President under section 1105(a) of title 31, screen foreign investments for national security concern. United States Code) a single budget exhibit con- risks and to facilitate coordination; ‘‘(5) COVERED TRANSACTION.— taining relevant details pertaining to support (7) the President should lead a collaborative ‘‘(A) IN GENERAL.—Except as otherwise pro- provided by the Department of Defense to the effort with allies and partners of the United vided, the term ‘covered transaction’ means— Executive Office of the President related to sen- States to strengthen the multilateral export con- ‘‘(i) any transaction described in subpara- ior leader communications and continuity of trol regime to more effectively address the un- graph (B)(i); and government programs. precedented industrial policies of certain coun- ‘‘(ii) any transaction described in clauses (ii) (b) INCLUSIONS.—The budget exhibit required tries of special concern, including aggressive ef- through (v) of subparagraph (B) that is pro- by subsection (a) shall include— forts to acquire United States technology, and posed, pending, or completed on or after the ef- (1) support provided by the White House Mili- the blending of civil and military programs; fective date specified in section 1732(b)(1)(A) of tary Office, the White House Communications (8) any penalties imposed by the United States the Foreign Investment Risk Review Moderniza- Agency, special mission area activities of the Government with respect to an individual or en- tion Act of 2018. Defense Information Systems Agency, and other tity pursuant to a determination that the indi- ‘‘(B) TRANSACTIONS DESCRIBED.—A trans- relevant programs; and vidual or entity has violated sanctions imposed action described in this subparagraph is any of (2) specific appropriation and line numbers by the United States or the export control laws the following: where appropriate. of the United States should not be reversed for ‘‘(i) Any merger, acquisition, or takeover that (c) FORM.—The budget exhibit required by reasons unrelated to the national security of the is proposed or pending after August 23, 1988, by subsection (a) shall be submitted in unclassified United States; and or with any foreign person that could result in form, but may include a classified annex. (9) the Committee on Foreign Investment in foreign control of any United States business. ‘‘(ii) Subject to subparagraph (C), the pur- SEC. 1663. DEVELOPMENT OF ELECTROMAGNETIC the United States should continue to review chase or lease by a foreign person of, or a con- BATTLE MANAGEMENT CAPABILITY transactions for the purpose of protecting na- FOR JOINT ELECTROMAGNETIC OP- tional security and should not consider issues of cession offered to a foreign person with respect ERATIONS. national interest absent a national security to, private or public real estate that— (a) DESIGNATION OF EXECUTIVE AGENT.—Not ‘‘(I) is located in the United States; nexus. ‘‘(II)(aa) is, is located at, or will function as later than 180 days after the date of the enact- (b) SENSE OF CONGRESS ON CONSIDERATION OF part of, a land, air, or maritime port; or ment of this Act, the Electronic Warfare Execu- COVERED TRANSACTIONS.—It is the sense of Con- tive Committee shall designate a military service ‘‘(bb)(AA) is in close proximity to a United gress that, when considering national security States military installation or another facility or with the responsibility for acting as executive risks, the Committee on Foreign Investment in agent for the development of an Electromagnetic property of the United States Government that the United States may consider— is sensitive for reasons relating to national secu- Battle Management capability for joint electro- (1) whether a transaction involves a country magnetic operations. rity; of special concern that has a demonstrated or ‘‘(BB) could reasonably provide the foreign (b) CERTIFICATION REQUIREMENT.—Along with declared strategic goal of acquiring a type of person the ability to collect information on ac- the budget for each fiscal year submitted by the critical technology or critical infrastructure that tivities being conducted at such an installation, President pursuant to section 1105(a) of title 31, would affect United States technological and in- facility, or property; or United States Code, the Secretary of Defense dustrial leadership in areas related to national ‘‘(CC) could otherwise expose national secu- shall include a certification from the Electronic security; rity activities at such an installation, facility, or Warfare Executive Committee whether sufficient (2) the potential national security-related ef- property to the risk of foreign surveillance; and funds have been budgeted for the development fects of the cumulative market share of or a pat- ‘‘(III) meets such other criteria as the Com- of an Electromagnetic Battle Management capa- tern of recent transactions in any one type of mittee prescribes by regulation, as long as such bility for joint electromagnetic operations. infrastructure, energy asset, critical material, or criteria do not expand the categories of real es- TITLE XVII—COMMITTEE ON FOREIGN critical technology by foreign persons; tate to which this clause applies beyond the cat- INVESTMENT IN THE UNITED STATES (3) whether any foreign person that would ac- egories described in subclause (II). quire an interest in a United States business or SEC. 1701. SHORT TITLE. ‘‘(iii) Any other investment (other than a pas- its assets as a result of a transaction has a his- sive investment) by a foreign person in any This title may be cited as the ‘‘Foreign Invest- tory of complying with United States laws and ment Risk Review Modernization Act of 2018’’. United States critical technology company or regulations; United States critical infrastructure company SEC. 1702. SENSE OF CONGRESS. (4) the extent to which a transaction is likely that is unaffiliated with the foreign person, sub- (a) IN GENERAL.—It is the sense of Congress to expose, either directly or indirectly, person- ject to regulations prescribed under subpara- that— ally identifiable information, genetic informa- graph (C). (1) foreign investment provides substantial tion, or other sensitive data of United States ‘‘(iv) Any change in the rights that a foreign economic benefits to the United States, includ- citizens to access by a foreign government or person has with respect to a United States busi- ing the promotion of economic growth, produc- foreign person that may exploit that information ness in which the foreign person has an invest- tivity, competitiveness, and job creation, and in a manner that threatens national security; ment, if that change could result in— the majority of foreign investment transactions and ‘‘(I) foreign control of the United States busi- pose little or no risk to the national security of (5) whether a transaction is likely to have the ness; or the United States, especially when those invest- effect of exacerbating or creating new cyberse- ‘‘(II) an investment described in clause (iii). ments are truly passive in nature; curity vulnerabilities in the United States or is ‘‘(v) Any other transaction, transfer, agree- (2) maintaining the commitment of the United likely to result in a foreign government gaining ment, or arrangement the structure of which is States to open and fair investment policy also a significant new capability to engage in mali- designed or intended to evade or circumvent the encourages other countries to reciprocate and cious cyber-enabled activities against the United application of this section, subject to regulations helps open new foreign markets for United States, including such activities designed to af- prescribed by the Committee. States businesses and their products; fect the outcome of any election for Federal of- ‘‘(C) FURTHER DEFINITION THROUGH REGULA- (3) it should continue to be the policy of the fice. TIONS.— United States to enthusiastically welcome and SEC. 1703. DEFINITIONS. ‘‘(i) EXCEPTION FOR CERTAIN REAL ESTATE support foreign investment, consistent with the Section 721(a) of the Defense Production Act TRANSACTIONS.—A real estate purchase or lease protection of national security; of 1950 (50 U.S.C. 4565(a)) is amended to read as described in subparagraph (B)(ii) does not in- (4) at the same time, the national security follows: clude a lease or purchase of— landscape has shifted in recent years, and so ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) a single ‘housing unit’, as defined by the has the nature of the investments that pose the ‘‘(1) ACCESS.—The term ‘access’ means the Census Bureau; or greatest potential risk to national security, ability and opportunity to obtain information, ‘‘(II) real estate in ‘urbanized areas’, as de- which warrants a modernization of the proc- subject to regulations prescribed by the Com- fined by the Census Bureau in the most recent esses and authorities of the Committee on For- mittee. census, except as otherwise prescribed by the eign Investment in the United States and of the ‘‘(2) COMMITTEE; CHAIRPERSON.—The terms Committee in regulations in consultation with United States export control system; ‘Committee’ and ‘chairperson’ mean the Com- the Secretary of Defense. (5) the Committee on Foreign Investment in mittee on Foreign Investment in the United ‘‘(ii) CERTAIN OTHER INVESTMENT.—The Com- the United States plays a critical role in pro- States and the chairperson thereof, respectively. mittee shall prescribe regulations further defin- tecting the national security of the United ‘‘(3) CONTROL.—The term ‘control’ means the ing covered transactions described in subpara- States, and, therefore, it is essential that the power to determine, direct, or decide important graph (B)(iii) by reference to the technology, member agencies of the Committee are ade- matters affecting an entity, subject to regula- sector, subsector, transaction type, or other quately resourced and able to hire appropriately tions prescribed by the Committee. characteristics of such transactions.

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‘‘(iii) EXEMPTION FOR TRANSACTIONS FROM eration of the United States critical infrastruc- tion of the general partner, managing member, IDENTIFIED COUNTRIES.— ture company or United States critical tech- or equivalent; and ‘‘(I) IN GENERAL.—The Committee shall, by nology company. ‘‘(ee) the investment otherwise meets the re- regulation, define circumstances and procedures ‘‘(III) The foreign person does not have a ma- quirements of this subparagraph. under which a transaction otherwise described terial parallel strategic partnership or other ma- ‘‘(II) TREATMENT OF CERTAIN WAIVERS.— in clause (ii) or (iii) of subparagraph (B) is ex- terial financial relationship, as described in reg- ‘‘(aa) IN GENERAL.—For the purposes of items cluded from the definition of ‘covered trans- ulations prescribed by the Committee, with the (cc) and (dd) of subclause (I) and except as pro- action’ if each foreign person that is a party to United States critical infrastructure company or vided in item (bb), a waiver of a potential con- the transaction, and each foreign person with United States critical technology company. flict of interest, a waiver of an allocation limita- ownership or control over a party to the trans- ‘‘(IV) Such other criteria as the Committee tion, or a similar activity, applicable to a trans- action, is from (as determined by the Committee may prescribe by regulation, which shall be con- action pursuant to the terms of an agreement pursuant to regulations prescribed by the Com- sistent with the criteria specified in subclauses governing an investment fund shall not be con- mittee), a country or part of a country identified (I), (II), and (III). sidered to constitute control of investment deci- by the Committee for purposes of this clause ‘‘(ii) MATERIAL NONPUBLIC TECHNICAL INFOR- sions of the fund or decisions relating to entities based on factors established by the Committee, MATION DEFINED.—For purposes of clause in which the fund is invested. such as— (i)(II)(aa), the term ‘material nonpublic tech- ‘‘(bb) EXCEPTION.—The Committee may pre- ‘‘(aa) whether, in the sole judgment of the nical information’ has the meaning given that scribe regulations providing for exceptions to Committee, the process of the country for re- term in regulations prescribed by the Committee, item (aa) for extraordinary circumstances. viewing the national security effects of foreign except that the term does not include financial ‘‘(v) REGULATIONS.—The Committee shall pre- investment and associated international co- information regarding the performance of a scribe regulations providing guidance on the operation effectively safeguards national secu- United States critical infrastructure company or types of transactions that the Committee con- rity interests the country shares with the United United States critical technology company. siders to be passive investment. ‘‘(E) UNITED STATES CRITICAL INFRASTRUC- States; ‘‘(iii) EFFECT OF LEVEL OF OWNERSHIP INTER- TURE COMPANY DEFINED.—For purposes of this ‘‘(bb) whether the country is a member coun- EST.— paragraph, the term ‘United States critical in- try of the North Atlantic Treaty Organization or ‘‘(I) IN GENERAL.—A determination of whether frastructure company’ means a United States is designated as a major non-NATO ally pursu- an investment is a passive investment under business that is, owns, operates, or primarily ant to section 517 of the Foreign Assistance Act clause (i) shall be made without regard to how provides services to, an entity or entities that of 1961 (22 U.S.C. 2321k); low the level of ownership interest a foreign per- ‘‘(cc) whether the country adheres to non- son would hold or acquire in a United States operate within a critical infrastructure sector or proliferation control regimes, including treaties critical infrastructure company or United States subsector, as defined by regulations prescribed and multilateral supply guidelines, which shall critical technology company would be as a re- by the Committee. ‘‘(F) UNITED STATES CRITICAL TECHNOLOGY be informed by sources such as the annual re- sult of the investment. COMPANY DEFINED.—For purposes of this para- port on ‘Adherence to and Compliance with ‘‘(II) REGULATIONS.— graph, the term ‘United States critical tech- Arms Control, Nonproliferation and Disar- ‘‘(aa) IN GENERAL.—The Committee may pre- nology company’ means a United States busi- mament Agreements and Commitments’ required scribe regulations specifying that any invest- ness that produces, designs, tests, manufactures, by section 403 of the Arms Control and Disar- ment (other than an investment described in or develops one or more critical technologies, or mament Act (22 U.S.C. 2593a); item (bb)) greater than a certain level or amount a subset of such technologies, as defined by reg- ‘‘(dd) whether excluding transactions by for- shall not be considered a passive investment ulations prescribed by the Committee. eign persons from the country advances the na- under clause (i). ‘‘(6) CRITICAL INFRASTRUCTURE.—The term tional security objectives of the United States; ‘‘(bb) INVESTMENT DESCRIBED.—An investment ‘critical infrastructure’ means, subject to regula- and described in this item is an investment— tions prescribed by the Committee, systems and ‘‘(ee) any other factors that the Committee de- ‘‘(AA) by a foreign person in a United assets, whether physical or virtual, so vital to termines to be appropriate. States critical infrastructure company or United the United States that the incapacity or destruc- ‘‘(II) RECURRING ASSESSMENT OF IDENTIFIED States critical technology company through an tion of such systems or assets would have a de- COUNTRIES.—The Committee shall reconsider on investment fund; a regular basis the identification of countries ‘‘(BB) that does not result in the foreign bilitating impact on national security. ‘‘(7) CRITICAL MATERIALS.—The term ‘critical and parts of countries under subclause (I). person’s control of the United States critical materials’ means physical materials essential to ‘‘(iv) EXCEPTION FOR AIR CARRIERS.—For pur- technology or United States critical infrastruc- national security, subject to regulations pre- poses of subparagraph (B)(iii), the term ‘other ture company; and scribed by the Committee. investment’ does not include an investment in- ‘‘(CC) that otherwise meets the requirements ‘‘(8) CRITICAL TECHNOLOGIES.— volving an air carrier, as defined in section of clauses (i) and (iv), as applicable. ‘‘(A) IN GENERAL.—The term ‘critical tech- 40102(a)(2) of title 49, United States Code, that ‘‘(iv) SPECIFIC CLARIFICATION FOR INVESTMENT nologies’ means technology, components, or holds a certificate issued under section 41102 of FUNDS.— technology items that are essential or could be ‘‘(I) TREATMENT OF CERTAIN INVESTMENTS AS that title. essential to national security, identified for pur- PASSIVE INVESTMENTS.—Notwithstanding clause ‘‘(v) TRANSFERS OF CERTAIN ASSETS PURSUANT poses of this section pursuant to regulations (i)(II)(bb) and subject to regulations prescribed TO BANKRUPTCY PROCEEDINGS OR OTHER DE- prescribed by the Committee. FAULTS.—The Committee shall prescribe regula- by the Committee, an indirect investment by a ‘‘(B) INCLUSION OF CERTAIN ITEMS.—The term tions to clarify that the term ‘covered trans- foreign person in a United States critical infra- ‘critical technologies’ includes the following: action’ includes any transaction described in structure company or United States critical ‘‘(i) Defense articles or defense services in- subparagraph (B) that arises pursuant to a technology company through an investment cluded on the United States Munitions List set bankruptcy proceeding or other form of default fund that affords the foreign person (or a des- forth in the International Traffic in Arms Regu- on debt. ignee of the foreign person) membership as a lations under subchapter M of chapter I of title ‘‘(D) PASSIVE INVESTMENT DEFINED.— limited partner on an advisory board or a com- 22, Code of Federal Regulations. ‘‘(i) IN GENERAL.—For purposes of subpara- mittee of the fund shall be considered a passive ‘‘(ii) Items included on the Commerce Control graph (B)(iii), the term ‘passive investment’ investment if— List set forth in Supplement No. 1 to part 774 of means an investment, direct or indirect, by a ‘‘(aa) the fund is managed exclusively by a the Export Administration Regulations under foreign person in a United States critical infra- general partner, a managing member, or an subchapter C of chapter VII of title 15, Code of structure company or United States critical equivalent; Federal Regulations, and controlled— technology company that meets the following ‘‘(bb) the general partner, managing member, ‘‘(I) pursuant to multilateral regimes, includ- criteria: or equivalent is not a foreign person; ing for reasons relating to national security, ‘‘(I) The investment is not described in sub- ‘‘(cc) the advisory board or committee does not chemical and biological weapons proliferation, paragraph (B)(i). have the ability to approve, disapprove, or oth- nuclear nonproliferation, or missile technology; ‘‘(II) The investment does not afford the for- erwise control— or eign person— ‘‘(AA) investment decisions of the fund; or ‘‘(II) for reasons relating to regional stability ‘‘(aa) access to any material nonpublic tech- ‘‘(BB) decisions made by the general part- or surreptitious listening. nical information in the possession of the ner, managing member, or equivalent related to ‘‘(iii) Specially designed and prepared nuclear United States critical infrastructure company or entities in which the fund is invested; equipment, parts and components, materials, United States critical technology company; ‘‘(dd) the foreign person does not otherwise software, and technology covered by part 810 of ‘‘(bb) membership or observer rights on the have the ability to control the fund, including title 10, Code of Federal Regulations (relating to board of directors or equivalent governing body the authority— assistance to foreign atomic energy activities). of the United States critical infrastructure com- ‘‘(AA) to approve, disapprove, or otherwise ‘‘(iv) Nuclear facilities, equipment, and mate- pany or United States critical technology com- control investment decisions of the fund; rial covered by part 110 of title 10, Code of Fed- pany or the right to nominate an individual to ‘‘(BB) to approve, disapprove, or otherwise eral Regulations (relating to export and import a position on the board of directors or equiva- control decisions made by the general partner, of nuclear equipment and material). lent governing body; or managing member, or equivalent related to enti- ‘‘(v) Select agents and toxins covered by part ‘‘(cc) any involvement, other than through ties in which the fund is invested; or 331 of title 7, Code of Federal Regulations, part voting of shares, in substantive decisionmaking ‘‘(CC) to unilaterally dismiss, prevent the 121 of title 9 of such Code, or part 73 of title 42 relating to the management, governance, or op- dismissal of, select, or determine the compensa- of such Code.

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‘‘(vi) Emerging and foundational technologies ‘‘(cc) STIPULATIONS REQUIRED.—The timing re- ‘‘(BB) EXCEPTION.—The submission of a identified pursuant to section 1725(a) of the For- quirement under item (aa) shall apply only in a declaration described in subclause (I) shall not eign Investment Risk Review Modernization Act case in which the parties stipulate under clause be required with respect to a transaction de- of 2018. (vi) that the transaction is a covered trans- scribed in subitem (AA) if each foreign person ‘‘(9) FOREIGN GOVERNMENT-CONTROLLED action.’’. that is a party to the transaction, and each for- TRANSACTION.—The term ‘foreign government- SEC. 1705. INCLUSION OF PARTNERSHIP AND eign person with ownership or control over a controlled transaction’ means any covered SIDE AGREEMENTS IN NOTICE. party to the transaction, is from a country or transaction that could result in the control of Section 721(b)(1)(C) of the Defense Production part of a country identified by the Committee any United States business by a foreign govern- Act of 1950 (50 U.S.C. 4565(b)(1)(C)) is amended under subsection (a)(5)(C)(iii). ment or an entity controlled by or acting on be- by adding at the end the following: ‘‘(CC) SUBSTANTIAL INTEREST DEFINED.—In half of a foreign government. ‘‘(iv) INCLUSION OF PARTNERSHIP AND SIDE this item, the term ‘substantial interest’ has the ‘‘(10) FOREIGN PERSON.— AGREEMENTS.—A written notice submitted under meaning given that term in regulations which ‘‘(A) IN GENERAL.—The term ‘foreign person’ clause (i) by a party to a covered transaction the Committee shall prescribe. In developing means— shall include a copy of any partnership agree- those regulations, the Committee shall consider ‘‘(i) any foreign national, foreign government, ments, integration agreements, or other side the means by which a foreign government could or foreign entity; or agreements relating to the transaction, includ- influence the actions of a foreign person, in- ‘‘(ii) any entity over which control is exercised ing any such agreements relating to the transfer cluding through board membership, ownership or exercisable by a foreign national, foreign gov- of intellectual property, as specified in regula- interest, or shareholder rights. An interest that ernment, or foreign entity. tions prescribed by the Committee.’’. is a passive investment (as defined in subsection ‘‘(B) FOREIGN ENTITY DEFINED.— SEC. 1706. DECLARATIONS FOR CERTAIN COV- (a)(5)(D)) or that is less than a 10 percent voting ‘‘(i) IN GENERAL.—For purposes of subpara- ERED TRANSACTIONS. interest shall not be considered a substantial in- graph (A) and except as provided in clause (ii), Section 721(b)(1)(C) of the Defense Production terest. the term ‘foreign entity’ means any branch, Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended ‘‘(cc) OTHER DECLARATIONS REQUIRED BY COM- partnership, group or subgroup, association, es- by section 1705, is further amended by adding at MITTEE.—The Committee shall require the sub- tate, trust, corporation or division of a corpora- the end the following: mission of a declaration described in subclause tion, or organization organized under the laws ‘‘(v) DECLARATIONS FOR CERTAIN COVERED (I) with respect to any covered transaction iden- of a foreign country if— TRANSACTIONS.— tified under regulations prescribed by the Com- ‘‘(I) the principal place of business of the enti- ‘‘(I) IN GENERAL.—A party to any covered mittee for purposes of this item, at the discretion ty is outside the United States; or transaction may submit to the Committee a dec- of the Committee and based on appropriate fac- ‘‘(II) the equity securities of the entity are pri- laration with basic information regarding the tors, such as— marily traded on one or more foreign exchanges. transaction instead of a written notice under ‘‘(AA) the technology, industry, economic ‘‘(ii) EXCEPTION.—For purposes of subpara- clause (i). graph (A), the term ‘foreign entity’ does not in- sector, or economic subsector in which the ‘‘(II) REGULATIONS.—The Committee shall pre- United States business that is a party to the clude an entity that demonstrates to the Com- scribe regulations establishing requirements for mittee that a majority of the equity interest in transaction trades or of which it is a part; declarations submitted under this clause. In pre- ‘‘(BB) the difficulty of remedying the harm the entity is ultimately owned by United States scribing such regulations, the Committee shall nationals. to national security that may result from com- ensure that such declarations are submitted as pletion of the transaction; ‘‘(11) INTELLIGENCE COMMUNITY.—The term abbreviated notifications that would not gen- ‘‘(CC) the difficulty of obtaining informa- ‘intelligence community’ has the meaning given erally exceed 5 pages in length. tion on the type of covered transaction through that term in section 3(4) of the National Security ‘‘(III) COMMITTEE RESPONSE TO DECLARA- other means; and Act of 1947 (50 U.S.C. 3003(4)). TION.— ‘‘(12) INVESTMENT.—The term ‘investment’ ‘‘(aa) IN GENERAL.—Upon receiving a declara- ‘‘(DD) the difficulty of obtaining informa- means the acquisition of equity interest, includ- tion under this clause with respect to a covered tion on the ultimate ownership of the foreign ing contingent equity interest, as further de- transaction, the Committee may, at the discre- person that is a party to the transaction. fined in regulations prescribed by the Com- tion of the Committee— ‘‘(dd) EXCEPTION.—The submission of a dec- mittee. ‘‘(AA) request that the parties to the trans- laration described in subclause (I) shall not be ‘‘(13) LEAD AGENCY.—The term ‘lead agency’ action file a written notice under clause (i); required pursuant to this subclause with respect means the agency or agencies designated as the ‘‘(BB) inform the parties to the transaction to an investment by an investment fund if— lead agency or agencies pursuant to subsection that the Committee is not able to complete ac- ‘‘(AA) the fund is managed exclusively by a (k)(5). tion under this section with respect to the trans- general partner, a managing member, or an ‘‘(14) NATIONAL SECURITY.—The term ‘na- action on the basis of the declaration and that equivalent; tional security’ shall be construed so as to in- the parties may file a written notice under ‘‘(BB) the general partner, managing mem- clude those issues relating to ‘homeland secu- clause (i) to seek written notification from the ber, or equivalent is not a foreign person; and rity’, including its application to critical infra- Committee that the Committee has completed all ‘‘(CC) the investment fund satisfies, with re- structure. action under this section with respect to the spect to any foreign person with membership as ‘‘(15) PARTY.—The term ‘party’ has the mean- transaction; a limited partner on an advisory board or a ing given that term in regulations prescribed by ‘‘(CC) initiate a unilateral review of the committee of the fund, the criteria specified in the Committee. transaction under subparagraph (D); or items (cc) and (dd) of subsection (a)(5)(D)(iv). ‘‘(16) UNITED STATES.—The term ‘United ‘‘(DD) notify the parties in writing that the ‘‘(ee) SUBMISSION OF WRITTEN NOTICE AS AN States’ means the several States, the District of Committee has completed all action under this ALTERNATIVE.—Parties to a covered transaction Columbia, and any territory or possession of the section with respect to the transaction. for which a declaration is required under this United States. ‘‘(bb) TIMING.—The Committee shall take ac- subclause may instead elect to submit a written ‘‘(17) UNITED STATES BUSINESS.—The term tion under item (aa) not later than 30 days after notice under clause (i). ‘United States business’ means a person engaged receiving a declaration under this clause. ‘‘(ff) TIMING OF SUBMISSION.— in interstate commerce in the United States.’’. ‘‘(cc) RULE OF CONSTRUCTION.—Nothing in ‘‘(AA) IN GENERAL.—A declaration required SEC. 1704. ACCEPTANCE OF WRITTEN NOTICES. this subclause (other than item (aa)(CC)) shall to be submitted with respect to a covered trans- Section 721(b)(1)(C)(i) of the Defense Produc- be construed to affect the authority of the Presi- action by this subclause shall be submitted not tion Act of 1950 (50 U.S.C. 4565(b)(1)(C)(i)) is dent or the Committee to take any action au- later than 45 days before the completion of the amended— thorized by this section with respect to a covered transaction. (1) by striking ‘‘Any party’’ and inserting the transaction. ‘‘(BB) WRITTEN NOTICE.—If, pursuant to ‘‘(IV) MANDATORY DECLARATIONS.— following: item (ee), the parties to a covered transaction ‘‘(I) IN GENERAL.—Any party’’; and ‘‘(aa) REGULATIONS.—The Committee shall elect to submit a written notice under clause (i) (2) by adding at the end the following: prescribe regulations specifying the types of cov- instead of a declaration under this subclause, ‘‘(II) COMMENTS AND ACCEPTANCE.— ered transactions for which the Committee re- the written notice shall be filed not later than 90 ‘‘(aa) IN GENERAL.—Subject to item (cc), the quires a declaration under this subclause. days before the completion of the transaction. Committee shall provide comments on a draft or ‘‘(bb) CERTAIN COVERED TRANSACTIONS WITH final written notice or accept a final written no- FOREIGN GOVERNMENT INTERESTS.— ‘‘(gg) PENALTIES.—The Committee may impose tice submitted under subclause (I) with respect ‘‘(AA) IN GENERAL.—Except as provided in a penalty pursuant to subsection (h)(3) with re- to a covered transaction not later than the date subitem (BB), the parties to a covered trans- spect to a party that fails to comply with this that is 10 business days after the date of submis- action shall submit a declaration described in subclause.’’. sion of the draft or final notice. subclause (I) with respect to the transaction if SEC. 1707. STIPULATIONS REGARDING TRANS- ‘‘(bb) COMPLETENESS.—If the Committee deter- the transaction involves an investment that re- ACTIONS. mines that a draft or final written notice de- sults in the acquisition, directly or indirectly, of Section 721(b)(1)(C) of the Defense Production scribed in item (aa) is not complete, the Com- a substantial interest in a United States critical Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended mittee shall notify the party or parties to the infrastructure company or United States critical by section 1706, is further amended by adding at transaction in writing that the notice is not technology company by a foreign person in the end the following: complete and provide an explanation of all ma- which a foreign government has, directly or in- ‘‘(vi) STIPULATIONS REGARDING TRANS- terial respects in which the notice is incomplete. directly, a substantial interest. ACTIONS.—

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‘‘(I) IN GENERAL.—In a written notice sub- ferred to in subclause (I) may not be delegated ‘‘(v) AUTHORITY TO CONSOLIDATE DOCU- mitted under clause (i) or a declaration sub- to any person other than the Deputy Secretary MENTS.—Instead of transmitting a separate cer- mitted under clause (v) with respect to a trans- of the Treasury or the deputy head (or equiva- tified notice or certified report under subpara- action, a party to the transaction may— lent thereof) of the lead agency, as the case may graph (A) or (B) with respect to each covered ‘‘(aa) stipulate that the transaction is a cov- be. transaction, the Committee may, on a monthly ered transaction; and ‘‘(III) NOTIFICATION TO PARTIES.—If the Com- basis, transmit such notices and reports in a ‘‘(bb) if the party stipulates that the trans- mittee extends the deadline under subclause (I) consolidated document to the Members of Con- action is a covered transaction under item (aa), with respect to a covered transaction, the Com- gress specified in clause (iii).’’. stipulate that the transaction is a foreign gov- mittee shall notify the parties to the transaction SEC. 1712. ANALYSIS BY DIRECTOR OF NATIONAL ernment-controlled transaction. of the extension.’’; and INTELLIGENCE. ‘‘(II) BASIS FOR STIPULATION.—A written no- (3) by adding at the end the following: Section 721(b)(4) of the Defense Production tice submitted under clause (i) or a declaration ‘‘(8) TOLLING OF DEADLINES DURING LAPSE IN Act of 1950 (50 U.S.C. 4565(b)(4)) is amended— submitted under clause (v) that includes a stipu- APPROPRIATIONS.—Any deadline or time limita- (1) by striking subparagraph (A) and inserting lation under subclause (I) shall include a de- tion under this subsection shall be tolled during the following: scription of the basis for the stipulation.’’. a lapse in appropriations.’’. ‘‘(A) ANALYSIS REQUIRED.— SEC. 1708. AUTHORITY FOR UNILATERAL INITI- SEC. 1710. MONITORING OF NON-NOTIFIED AND ‘‘(i) IN GENERAL.—Except as provided in sub- ATION OF REVIEWS. NON-DECLARED TRANSACTIONS. paragraph (B), the Director of National Intel- Section 721(b)(1) of the Defense Production Section 721(b)(1) of the Defense Production ligence shall expeditiously carry out a thorough Act of 1950 (50 U.S.C. 4565(b)(1)) is amended— Act of 1950 (50 U.S.C. 4565(b)(1)), as amended by analysis of any threat to the national security (1) by redesignating subparagraphs (E) and sections 1708 and 1709, is further amended by of the United States posed by any covered trans- (F) as subparagraphs (F) and (G), respectively; adding at the end the following: action, which shall include the identification of (2) in subparagraph (D)— ‘‘(H) MONITORING OF NON-NOTIFIED AND NON- any recognized gaps in the collection of intel- (A) in the matter preceding clause (i), by DECLARED TRANSACTIONS.—The Committee shall ligence relevant to the analysis. striking ‘‘subparagraph (F)’’ and inserting establish a mechanism to identify covered trans- ‘‘(ii) VIEWS OF INTELLIGENCE COMMUNITY.— ‘‘subparagraph (G)’’; actions for which— The Director shall seek and incorporate into the (B) in clause (i), by inserting ‘‘(other than a ‘‘(i) a notice under clause (i) of subparagraph analysis required by clause (i) the views of all covered transaction described in subparagraph (C) or a declaration under clause (v) of that affected or appropriate agencies of the intel- (E))’’ after ‘‘any covered transaction’’; subparagraph is not submitted to the Committee; ligence community with respect to the trans- (C) by striking clause (ii) and inserting the and action. following: ‘‘(ii) information is reasonably available.’’. ‘‘(iii) UPDATES.—At the request of the lead ‘‘(ii) any covered transaction described in sub- agency, the Director shall update the analysis paragraph (E), if any party to the transaction SEC. 1711. SUBMISSION OF CERTIFICATIONS TO CONGRESS. conducted under clause (i) with respect to a cov- submitted false or misleading material informa- ered transaction with respect to which an agree- Section 721(b)(3)(C) of the Defense Production tion to the Committee in connection with the ment was entered into under subsection Act of 1950 (50 U.S.C. 4565(b)(3)(C)) is amend- Committee’s consideration of the transaction or (l)(3)(A). ed— omitted material information, including material ‘‘(iv) INDEPENDENCE AND OBJECTIVITY.—The (1) in clause (iii)— documents, from information submitted to the Committee shall ensure that its processes under (A) in subclause (II), by inserting ‘‘and the Committee; or’’; and this section preserve the ability of the Director Select Committee on Intelligence’’ after ‘‘Urban (D) in clause (iii)— to conduct analysis under clause (i) that is Affairs’’; and (i) in the matter preceding subclause (I), by independent, objective, and consistent with all (B) in subclause (IV), by inserting ‘‘and the striking ‘‘any covered transaction that has pre- applicable directives, policies, and analytic Permanent Select Committee on Intelligence’’ viously been reviewed or investigated under this tradecraft standards of the intelligence commu- after ‘‘Financial Services’’; section,’’ and inserting ‘‘any covered trans- nity.’’; action described in subparagraph (E),’’; (2) in clause (iv), by striking subclause (II) (2) by redesignating subparagraphs (B), (C), (ii) in subclause (I), by striking ‘‘inten- and inserting the following: and (D) as subparagraphs (C), (D), and (E), re- tionally’’; ‘‘(II) DELEGATION OF CERTIFICATIONS.— spectively; (iii) in subclause (II), by striking ‘‘an inten- ‘‘(aa) IN GENERAL.—Subject to item (bb), the (3) by inserting after subparagraph (A) the tional’’ and inserting ‘‘a’’; and chairperson, in consultation with the Com- following: (iv) in subclause (III), by inserting ‘‘adequate mittee, may determine the level of official to ‘‘(B) BASIC THREAT INFORMATION.— and appropriate’’ before ‘‘remedies or enforce- whom the signature requirement under sub- ‘‘(i) IN GENERAL.—The Director of National ment tools’’; and clause (I) for the chairperson and the head of Intelligence may provide the Committee with (3) by inserting after subparagraph (D) the the lead agency may be delegated. The level of basic information regarding any threat to the following: official to whom the signature requirement may national security of the United States posed by ‘‘(E) COVERED TRANSACTIONS DESCRIBED.—A be delegated may differ based on any factor re- a covered transaction described in clause (ii) in- covered transaction is described in this subpara- lating to a transaction that the chairperson, in stead of conducting the analysis required by graph if— consultation with the Committee, deems appro- subparagraph (A). ‘‘(i) the Committee has informed the parties to priate, including the type or value of the trans- ‘‘(ii) COVERED TRANSACTION DESCRIBED.—A the transaction in writing that the Committee action. covered transaction is described in this clause has completed all action under this section with ‘‘(bb) LIMITATION ON DELEGATION WITH RE- if— respect to the transaction; or SPECT TO CERTAIN TRANSACTIONS.—The signa- ‘‘(I) the transaction is described in subsection ‘‘(ii) the President has announced a decision ture requirement under subclause (I) may be (a)(5)(B)(ii); not to exercise the President’s authority under delegated not below the level of the Assistant ‘‘(II) the Director of National Intelligence has subsection (d) with respect to the transaction.’’. Secretary of the Treasury or an equivalent offi- completed an analysis pursuant to subpara- SEC. 1709. TIMING FOR REVIEWS AND INVESTIGA- cial of the lead agency in the case of a covered graph (A) involving each foreign person that is TIONS. transaction— a party to the transaction during the 12 months Section 721(b) of the Defense Production Act ‘‘(AA) assessed by the Director of National preceding the review or investigation of the of 1950 (50 U.S.C. 4565(b)), as amended by sec- Intelligence under paragraph (4) as more likely transaction under this section; or tion 1708, is further amended— than not to threaten the national security of the ‘‘(III) the transaction otherwise meets criteria (1) in paragraph (1)(F), by striking ‘‘30’’ and United States; agreed upon by the Committee and the Director inserting ‘‘45’’; ‘‘(BB) with respect to which the Committee for purposes of this subparagraph.’’; (2) in paragraph (2), by striking subparagraph conducts an investigation under paragraph (2); (4) in subparagraph (C), as redesignated by (C) and inserting the following: or paragraph (2), by striking ‘‘20’’ and inserting ‘‘(C) TIMING.— ‘‘(CC) with respect to which a request is ‘‘30’’; and ‘‘(i) IN GENERAL.—Except as provided in made by an official at the Deputy Assistant Sec- (5) by adding at the end the following: clause (ii), any investigation under subpara- retary or Assistant Secretary level of an agency ‘‘(F) ASSESSMENT OF OPERATIONAL IMPACT.— graph (A) shall be completed before the end of or department represented on the Committee, or The Director may provide to the Committee an the 45-day period beginning on the date on an equivalent thereof, that the transaction be assessment, separate from the analyses under which the investigation commenced. reviewed by the Assistant Secretary of the subparagraphs (A) and (B), of any operational ‘‘(ii) EXTENSION FOR EXTRAORDINARY CIR- Treasury and an equivalent official of the lead impact of a covered transaction on the intel- CUMSTANCES.— agency. ligence community and a description of any ac- ‘‘(I) IN GENERAL.—In extraordinary cir- ‘‘(cc) LIMITATION ON DELEGATION WITH RE- tions that have been or will be taken to mitigate cumstances (as defined by the Committee in reg- SPECT TO OTHER TRANSACTIONS.—In the case of any such impact. ulations), the chairperson may, at the request of any covered transaction not described in item ‘‘(G) SUBMISSION TO CONGRESS.—The Com- the head of the lead agency, extend an inves- (bb), the signature requirement under subclause mittee shall submit the analysis required by sub- tigation under subparagraph (A) for one 30-day (I) may be delegated not below the level of a paragraph (A) with respect to a covered trans- period. Deputy Assistant Secretary of the Treasury or action to the Select Committee on Intelligence of ‘‘(II) NONDELEGATION.—The authority of the an equivalent official of the lead agency.’’; and the Senate and the Permanent Select Committee chairperson and the head of the lead agency re- (3) by adding at the end the following: on Intelligence of the House of Representatives

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00140 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4151 upon the conclusion of action under this section (1) by striking ‘‘The actions’’ and inserting (2) submit to the Committee on Banking, (other than compliance plans under subsection the following: Housing, and Urban Affairs of the Senate and (l)(6)) with respect to the transaction.’’. ‘‘(1) IN GENERAL.—The actions’’; and the Committee on Financial Services of the SEC. 1713. INFORMATION SHARING. (2) by adding at the end the following: House of Representatives a report describing Section 721(c) of the Defense Production Act ‘‘(2) CIVIL ACTIONS.—A civil action chal- those procedures; and of 1950 (50 U.S.C. 4565(c)) is amended— lenging an action or finding of the Committee (3) brief the committees specified in paragraph (1) by striking ‘‘Any information’’ and insert- under this section may be brought only in the (1) on the report required by paragraph (2). ing the following: United States Court of Appeals for the District SEC. 1717. ACTIONS BY THE COMMITTEE TO AD- ‘‘(1) IN GENERAL.—Except as provided in para- of Columbia Circuit. DRESS NATIONAL SECURITY RISKS. graph (2), any information’’; ‘‘(3) PROCEDURES FOR REVIEW OF PRIVILEGED Section 721(l) of the Defense Production Act of (2) by striking ‘‘, except as may be relevant’’ INFORMATION.—If a civil action challenging an 1950 (50 U.S.C. 4565(l)) is amended— and all that follows and inserting a period; and action or finding of the Committee under this (1) in the subsection heading, by striking (3) by adding at the end the following: section is brought, and the court determines ‘‘MITIGATION, TRACKING, AND ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not that protected information in the administrative POSTCONSUMMATION MONITORING AND ENFORCE- prohibit the disclosure of the following: record, including classified, sensitive law en- MENT’’ and inserting ‘‘ACTIONS BY THE COM- ‘‘(A) Information relevant to any administra- forcement, sensitive security, or other informa- MITTEE TO ADDRESS NATIONAL SECURITY RISKS’’; tive or judicial action or proceeding. tion subject to privilege or protections under (2) by redesignating paragraphs (1), (2), and ‘‘(B) Information to Congress or any duly au- any provision of law, is necessary to resolve the (3) as paragraphs (3), (5), and (6), respectively; thorized committee or subcommittee of Congress. challenge, that information shall be submitted (3) by inserting before paragraph (3), as redes- ‘‘(C) Information to any domestic or foreign ex parte and in camera to the court and the ignated by paragraph (2), the following: governmental entity, under the direction of the court shall maintain that information under ‘‘(1) SUSPENSION OF TRANSACTIONS.—The Com- chairperson, to the extent necessary for national seal. mittee, acting through the chairperson, may security purposes and pursuant to appropriate ‘‘(4) APPLICABILITY OF USE OF INFORMATION suspend a proposed or pending covered trans- confidentiality and classification arrangements. PROVISIONS.—The use of information provisions action that may pose a risk to the national secu- ‘‘(D) Information that the parties have con- of sections 106, 305, 405, and 706 of the Foreign rity of the United States for such time as the sented to be disclosed to third parties. Intelligence Surveillance Act of 1978 (50 U.S.C. covered transaction is under review or investiga- ‘‘(3) COOPERATION WITH ALLIES AND PART- 1806, 1825, 1845, and 1881e) shall not apply in a tion under subsection (b). NERS.— civil action brought under this subsection.’’. ‘‘(2) REFERRAL TO PRESIDENT.—The Committee ‘‘(A) IN GENERAL.—The chairperson, in con- SEC. 1716. MEMBERSHIP AND STAFF OF COM- may, at any time during the review or investiga- sultation with other members of the Committee, MITTEE. tion of a covered transaction under subsection should establish a formal process for the ex- (a) HIRING AUTHORITY.—Section 721(k) of the (b), complete the action of the Committee with change of information under paragraph (2)(C) Defense Production Act of 1950 (50 U.S.C. respect to the transaction and refer the trans- with governments of countries that are allies or 4565(k)) is amended by striking paragraph (4) action to the President for action pursuant to partners of the United States, in the discretion and inserting the following: subsection (d).’’; of the chairperson, to protect the national secu- ‘‘(4) HIRING AUTHORITY.— (4) in paragraph (3), as redesignated by para- rity of the United States and those countries. ‘‘(A) SENIOR OFFICIALS.— graph (2)— ‘‘(B) REQUIREMENTS.—The process established ‘‘(i) IN GENERAL.—Each member of the Com- (A) in subparagraph (A)— under subparagraph (A) should, in the discre- mittee shall designate an Assistant Secretary, or (i) in the subparagraph heading, by striking tion of the chairperson— an equivalent official, who is appointed by the ‘‘IN GENERAL’’ and inserting ‘‘AGREEMENTS AND ‘‘(i) be designed to facilitate the harmoni- President, by and with the advice and consent CONDITIONS’’; zation of action with respect to trends in invest- of the Senate, to carry out such duties related to (ii) by striking ‘‘The Committee’’ and inserting ment and technology that could pose risks to the the Committee as the member of the Committee the following: national security of the United States and coun- may delegate. ‘‘(i) IN GENERAL.—The Committee’’; tries that are allies or partners of the United ‘‘(ii) DEPARTMENT OF THE TREASURY.—In ad- (iii) by striking ‘‘threat’’ and inserting ‘‘risk’’; States; dition to officials of the Department of the and ‘‘(ii) provide for the sharing of information Treasury authorized under section 301 of title (iv) by adding at the end the following: with respect to specific technologies and entities 31, United States Code, or any other provision of ‘‘(ii) ABANDONMENT OF TRANSACTIONS.—If a acquiring such technologies as appropriate to law, there are authorized at the Department of party to a covered transaction has voluntarily ensure national security; and the Treasury, to carry out such duties related to chosen to abandon the transaction, the Com- ‘‘(iii) include consultations and meetings with the Committee as the Secretary of the Treasury mittee or lead agency, as the case may be, may representatives of the governments of such may delegate, consistent with this section and negotiate, enter into or impose, and enforce any countries on a recurring basis.’’. reflecting the expanded authorities of the Com- agreement or condition with any party to the mittee and the role of the Department of the covered transaction for purposes of effectuating SEC. 1714. ACTION BY THE PRESIDENT. Treasury in implementing those authorities such abandonment and mitigating any risk to (a) IN GENERAL.—Section 721(d) of the De- under the amendments made by the Foreign In- the national security of the United States that fense Production Act of 1950 (50 U.S.C. 4565(d)) vestment Risk Review Modernization Act of arises as a result of the covered transaction. is amended— 2018, the following: ‘‘(iii) AGREEMENTS AND CONDITIONS RELATING (1) by striking paragraph (1) and inserting the ‘‘(I) One official, who is appointed by the TO COMPLETED TRANSACTIONS.—The Committee following: President, by and with the advice and consent or lead agency, as the case may be, may nego- ‘‘(1) IN GENERAL.—Subject to paragraph (4), of the Senate, who shall be compensated at a tiate, enter into or impose, and enforce any the President may, with respect to a covered rate not to exceed the rate of basic pay payable agreement or condition with any party to a com- transaction that threatens to impair the na- for level III of the Executive Schedule under pleted covered transaction in order to mitigate tional security of the United States, take such section 5314 of title 5, United States Code. any interim risk to the national security of the action for such time as the President considers ‘‘(II) One official, who is appointed by the United States that may arise as a result of the appropriate to suspend or prohibit the trans- President, by and with the advice and consent covered transaction until such time that the action or to require divestment.’’; and of the Senate, who shall be compensated at a Committee has completed action pursuant to (2) in paragraph (2), by striking ‘‘not later rate not to exceed the rate of basic pay payable subsection (b) or the President has taken action than 15 days’’ and all that follows and inserting for level IV of the Executive Schedule under sec- pursuant to subsection (d) with respect to the the following: ‘‘with respect to a covered trans- tion 5315 of title 5, United States Code. transaction.’’; and action not later than 15 days after the earlier ‘‘(B) SPECIAL HIRING AUTHORITY.—The heads (B) by striking subparagraph (B) and insert- of— of the departments and agencies represented on ing the following: ‘‘(A) the date on which the investigation of the Committee may appoint, without regard to ‘‘(B) LIMITATIONS.—An agreement may not be the transaction under subsection (b) is com- the provisions of sections 3309 through 3318 of entered into or condition imposed under sub- pleted; or title 5, United States Code, candidates directly paragraph (A) with respect to a covered trans- ‘‘(B) the date on which the Committee other- to positions in the competitive service (as de- action unless the Committee determines that the wise refers the transaction to the President fined in section 2102 of that title) in their respec- agreement or condition resolves the national se- under subsection (l)(2).’’. tive departments and agencies to administer this curity concerns posed by the transaction, taking (b) CIVIL PENALTIES.—Section 721(h)(3)(A) of section.’’. into consideration whether the agreement or the Defense Production Act of 1950 (50 U.S.C. (b) PROCEDURES FOR RECUSAL OF MEMBERS OF condition is reasonably calculated to— 4565(h)(3)(A)) is amended by striking ‘‘including COMMITTEE FOR CONFLICTS OF INTEREST.—Not ‘‘(i) be effective; any mitigation’’ and all that follows through later than 90 days after the date of the enact- ‘‘(ii) allow for compliance with the terms of ‘‘subsection (l)’’ and inserting ‘‘including any ment of this Act, the Committee on Foreign In- the agreement or condition in an appropriately mitigation agreement entered into, conditions vestment in the United States shall— verifiable way; and imposed, or order issued pursuant to this sec- (1) establish procedures for the recusal of any ‘‘(iii) enable effective monitoring of compli- tion’’. member of the Committee that has a conflict of ance with and enforcement of the terms of the SEC. 1715. JUDICIAL REVIEW. interest with respect to a covered transaction (as agreement or condition. Section 721(e) of the Defense Production Act defined in section 721 of the Defense Production ‘‘(C) JURISDICTION.—The provisions of section of 1950 (50 U.S.C. 4565(e)) is amended— Act of 1950, as amended by section 1703); 706(b) shall apply to any mitigation agreement

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00141 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4152 CONGRESSIONAL RECORD — SENATE June 19, 2018 entered into or condition imposed under sub- ‘‘(II) how compliance with the agreement will the transaction being reviewed or investigated, paragraph (A).’’; be monitored; and whether the President took any action (5) by inserting after paragraph (3), as redes- ‘‘(III) how frequently compliance reviews will under this section with respect to that trans- ignated by paragraph (2), the following: be conducted; action; ‘‘(4) RISK-BASED ANALYSIS REQUIRED.— ‘‘(IV) whether an independent entity will be ‘‘(ii) basic information on each party to each ‘‘(A) IN GENERAL.—Any determination of the utilized under subparagraph (E) to conduct such transaction; Committee to suspend a covered transaction compliance reviews; and ‘‘(iii) the nature of the business activities or under paragraph (1), to refer a covered trans- ‘‘(V) what actions will be taken if the parties products of the United States business with action to the President under paragraph (2), or fail to cooperate regarding monitoring compli- which the transaction was entered into or in- to negotiate, enter into or impose, or enforce ance with the agreement. tended to be entered into; and any agreement or condition under paragraph ‘‘(D) EFFECT OF LACK OF COMPLIANCE.—If, at ‘‘(iv) information about any withdrawal from (3)(A) with respect to a covered transaction, any time after a mitigation agreement or condi- the process.’’; and shall be based on a risk-based analysis, con- tion is entered into or imposed under paragraph (B) by adding at the end the following: ‘‘(G) Statistics on compliance plans conducted ducted by the Committee, of the effects on the (3)(A), the Committee or lead agency, as the and actions taken by the Committee under sub- national security of the United States of the case may be, determines that a party or parties section (l)(6), including subparagraph (D) of covered transaction, which shall include an as- to the agreement or condition are not in compli- that subsection, during that period, a general sessment of the threat, vulnerabilities, and con- ance with the terms of the agreement or condi- assessment of the compliance of parties with sequences to national security related to the tion, the Committee or lead agency may, in ad- agreements entered into and conditions imposed transaction. dition to the authority of the Committee to im- under subsection (l)(3)(A) that are in effect dur- ‘‘(B) ACTIONS OF MEMBERS OF THE COM- pose penalties pursuant to subsection (h)(3) and ing that period, including a description of any MITTEE.— to unilaterally initiate a review of any covered actions taken by the Committee to impose pen- ‘‘(i) IN GENERAL.—Any member of the Com- transaction under subsection (b)(1)(D)(iii)— alties or initiate a unilateral review pursuant to mittee who concludes that a covered transaction ‘‘(i) negotiate a plan of action for the party or subsection (b)(1)(D)(iii), and any recommenda- poses an unresolved national security concern parties to remediate the lack of compliance, with tions for improving the enforcement of such shall recommend to the Committee that the Com- failure to abide by the plan or otherwise reme- agreements and conditions. mittee suspend the transaction under paragraph diate the lack of compliance serving as the basis ‘‘(H) Cumulative and, as appropriate, trend (1), refer the transaction to the President under for the Committee to find a material breach of information on the number of declarations filed paragraph (2), or negotiate, enter into or im- the agreement or condition; under subsection (b)(1)(C)(v), the actions taken pose, or enforce any agreement or condition ‘‘(ii) require that the party or parties submit a by the Committee in response to those declara- under paragraph (3)(A) with respect to the written notice under clause (i) of subsection tions, the business sectors involved in those dec- transaction. In making that recommendation, (b)(1)(C) or a declaration under clause (v) of larations, and the countries involved in those the member shall propose or contribute to the that subsection with respect to a covered trans- declarations. risk-based analysis required by subparagraph action initiated after the date of the determina- ‘‘(I) A description of— (A). tion of noncompliance and before the date that ‘‘(i) the methods used by the Committee to ‘‘(ii) FAILURE TO REACH CONSENSUS.—If the is 5 years after the date of the determination to monitor non-notified and non-declared trans- Committee fails to reach consensus with respect the Committee to initiate a review of the trans- actions under subsection (b)(1)(H); to a recommendation under clause (i) regarding action under subsection (b); or ‘‘(ii) potential methods to improve such moni- a covered transaction, the members of the Com- ‘‘(iii) seek injunctive relief. toring and the resources required to do so; and mittee who support an alternative recommenda- ‘‘(E) USE OF INDEPENDENT ENTITIES TO MON- ‘‘(iii) the number of transactions identified tion shall produce— ITOR COMPLIANCE.—If the parties to an agree- through the mechanism established under that ‘‘(I) a written statement justifying the alter- ment entered into under paragraph (3)(A) enter subsection during the reporting period and the native recommendation; and into a contract with an independent entity from number of such transactions flagged for further ‘‘(II) as appropriate, a risk-based analysis outside the United States Government for the review.’’; that supports the alternative recommendation. purpose of monitoring compliance with the (2) in paragraph (3)— ‘‘(C) DEFINITIONS.—For purposes of subpara- agreement, the Committee shall take such action (A) by striking ‘‘CRITICAL TECHNOLOGIES’’ and graph (A), the terms ‘threat’, ‘vulnerabilities’, as is necessary to prevent a conflict of interest all that follows through ‘‘In order to assist’’ and and ‘consequences to national security’ shall from arising by ensuring that the independent inserting ‘‘CRITICAL TECHNOLOGIES.—In order to have the meanings given those terms by the entity owes no fiduciary duty to the parties. assist’’; Committee by regulation.’’; ‘‘(F) SUCCESSORS AND ASSIGNS.—Any agree- (B) by striking subparagraph (B); and (6) in paragraph (5)(B), as redesignated by ment or condition entered into or imposed under (C) by redesignating clauses (i) and (ii) as paragraph (2), by striking ‘‘(as defined in the paragraph (3)(A) shall be considered binding on subparagraphs (A) and (B), respectively, and by National Security Act of 1947)’’; and all successors and assigns unless and until the moving such subparagraphs, as so redesignated, (7) in paragraph (6), as redesignated by para- agreement or condition terminates on its own 2 ems to the left; and (3) by adding at the end the following: graph (2)— terms or is otherwise terminated by the Com- ‘‘(4) FORM OF REPORT.— (A) in subparagraph (A)— mittee in its sole discretion. ‘‘(A) IN GENERAL.—All appropriate portions of ‘‘(G) ADDITIONAL COMPLIANCE MEASURES.— (i) by striking ‘‘paragraph (1)’’ and inserting the annual report under paragraph (1) may be Subject to subparagraphs (A) through (F), the ‘‘paragraph (3)’’; and classified. An unclassified version of the report, (ii) by striking the second sentence and insert- Committee shall develop and agree upon meth- as appropriate, consistent with safeguarding ing the following: ‘‘The lead agency may, at its ods for evaluating compliance with any agree- national security and privacy, shall be made discretion, seek and receive the assistance of ment entered into or condition imposed with re- available to the public. other departments or agencies in carrying out spect to a covered transaction that will allow ‘‘(B) INCLUSIONS IN UNCLASSIFIED VERSION.— the purposes of this paragraph.’’; the Committee to adequately ensure compliance The unclassified version of the report required (B) in subparagraph (B)— without unnecessarily diverting Committee re- under paragraph (1) shall include, with respect (i) by striking ‘‘DESIGNATED AGENCY’’ and all sources from assessing any new covered trans- to covered transactions for the reporting pe- that follows through ‘‘The lead agency in con- action for which a written notice under clause riod— nection’’ and inserting ‘‘DESIGNATED AGENCY.— (i) of subsection (b)(1)(C) or declaration under ‘‘(i) the number of notices submitted under The lead agency in connection’’; clause (v) of that subsection has been filed, and subsection (b)(1)(C)(i); (ii) by striking clause (ii); and if necessary, reaching a mitigation agreement ‘‘(ii) the number of declarations submitted (iii) by redesignating subclauses (I) and (II) as with or imposing a condition on a party to such under subsection (b)(1)(C)(v) and the number of clauses (i) and (ii), respectively, and by moving covered transaction or any covered transaction such declarations that were required under sub- such clauses, as so redesignated, 2 ems to the for which a review has been reopened for any clause (IV) of that subsection; left; and reason.’’. ‘‘(iii) the number of declarations submitted (C) by adding at the end the following: SEC. 1718. MODIFICATION OF ANNUAL REPORT under subsection (b)(1)(C)(v) for which the Com- ‘‘(C) COMPLIANCE PLANS.— AND OTHER REPORTING REQUIRE- mittee required resubmission as notices under ‘‘(i) IN GENERAL.—In the case of a covered MENTS. subsection (b)(1)(C)(i); transaction with respect to which an agreement (a) MODIFICATION OF ANNUAL REPORT.—Sec- ‘‘(iv) the average number of days that elapsed is entered into under paragraph (3)(A), the tion 721(m) of the Defense Production Act of between submission of a declaration under sub- Committee or lead agency, as the case may be, 1950 (50 U.S.C. 4565(m)) is amended— section (b)(1)(C)(v) and the acceptance of the shall formulate, adhere to, and keep updated a (1) in paragraph (2)— declaration by the Committee; plan for monitoring compliance with the agree- (A) by amending subparagraph (A) to read as ‘‘(v) information on the time it took the Com- ment. follows: mittee to provide comments on, or to accept, no- ‘‘(ii) ELEMENTS.—Each plan required by ‘‘(A) A list of all notices filed and all reviews tices submitted under subsection (b)(1)(C)(i), in- clause (i) with respect to an agreement entered or investigations of covered transactions com- cluding— into under paragraph (3)(A) shall include an ex- pleted during the period, with— ‘‘(I) the average number of business days that planation of— ‘‘(i) a description of the outcome of each re- elapsed between the date of submission of a ‘‘(I) which member of the Committee will have view or investigation, including whether an draft notice and the date on which the Com- primary responsibility for monitoring compli- agreement was entered into or condition was im- mittee provided written comments on the draft ance with the agreement; posed under subsection (l)(3)(A) with respect to notice;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00142 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4153 ‘‘(II) the average number of business days (G) The number of United States affiliates of (5) by adding at the end the following: that elapsed between the date of submission of entities under the jurisdiction of the People’s ‘‘(2) EFFECT OF FAILURE TO SUBMIT.—The a final notice and the date on which the Com- Republic of China, the total employees at those Committee may not complete a review under this mittee accepted or provided written comments on affiliates, and the valuation for any publicly section of a covered transaction and may rec- the final notice; and traded United States affiliate of such an entity. ommend to the President that the President sus- ‘‘(III) if the average number of business days (H) An analysis of patterns in the investments pend or prohibit the transaction or require di- for a response by the Committee reported under described in subparagraphs (A) through (F), in- vestment under subsection (d) if the Committee subclause (I) or (II) exceeded 10 business days— cluding in volume, type, and sector, and the ex- determines that a party to the transaction has— ‘‘(aa) an explanation of the causes of such tent to which those patterns of investments ‘‘(A) failed to submit a statement required by delays, including whether such delays are align with the objectives outlined by the Gov- paragraph (1); or caused by resource shortages, unusual fluctua- ernment of the People’s Republic of China in its ‘‘(B) included false or misleading information tions in the volume of notices, transaction char- Made in China 2025 plan, including a compara- in a notice or information described in para- acteristics, or other factors; and tive analysis of investments from the People’s graph (1) or omitted material information from ‘‘(bb) an explanation of the steps that the Republic of China in the United States and all such notice or information. Committee anticipates taking to mitigate the foreign direct investment in the United States. ‘‘(3) APPLICABILITY OF LAW ON FRAUD AND causes of such delays and otherwise to improve (I) An identification of any limitations on the FALSE STATEMENTS.—The Committee shall pre- the ability of the Committee to provide comments ability of the Secretary of Commerce to collect scribe regulations expressly providing for the on, or to accept, notices within 10 business days; comprehensive information that is reasonably application of section 1001 of title 18, United ‘‘(vi) the number of reviews or investigations and lawfully available about foreign investment States Code, to all information provided to the conducted under subsection (b); in the United States from the People’s Republic Committee under this section by any party to a ‘‘(vii) the number of investigations that were of China on a timeline necessary to complete re- covered transaction.’’. subject to an extension under subsection ports every 2 years as required by paragraph (1), SEC. 1720. IMPLEMENTATION PLANS. (b)(2)(C)(ii); including— (a) IN GENERAL.—Not later than 180 days ‘‘(viii) information on the duration of those (i) an identification of any discrepancies be- after the date of the enactment of this Act, the reviews and investigations, including the aver- tween government and private sector estimates chairperson of the Committee on Foreign Invest- age number of days required to complete those of investments from the People’s Republic of ment in the United States and the Secretary of reviews and investigations; China in the United States; Commerce shall, in consultation with the appro- ‘‘(ix) the number of notices submitted under (ii) a description of the different methodolo- priate members of the Committee— subsection (b)(1)(C)(i) and declarations sub- gies or data collection methods, including by (1) develop plans to implement this title; and mitted under subsection (b)(1)(C)(v) that were private sector entities, used to measure foreign (2) submit to the appropriate congressional rejected by the Committee; investment that may result in different esti- committees a report on the plans developed ‘‘(x) the number of such notices and declara- mates; and under paragraph (1), which shall include a de- tions that were withdrawn by a party to the (iii) recommendations for enhancing the abil- scription of— covered transaction; ity of the Secretary of Commerce to improve (A) the timeline and process to implement the ‘‘(xi) the number of such withdrawals that data collection of information about foreign in- provisions of, and amendments made by, this were followed by the submission of a subsequent vestment in the United States from the People’s title; such notice or declaration relating to a substan- Republic of China. (B) any additional staff necessary to imple- tially similar covered transaction; and (3) EXTENSION OF DEADLINE.—If, as a result of ment the plans; and ‘‘(xii) such other specific, cumulative, or trend a limitation identified under paragraph (2)(I), (C) the resources required to effectively imple- information that the Committee determines is the Secretary of Commerce determines that the ment the plans. advisable to provide for an assessment of the Secretary will be unable to submit a report at (b) APPROPRIATE CONGRESSIONAL COMMITTEES time required for reviews and investigations of the time required by paragraph (1), the Sec- DEFINED.—In this section, the term ‘‘appro- covered transactions under this section.’’. retary may request additional time to complete priate congressional committees’’ means— (b) REPORT ON CHINESE INVESTMENT.— the report. (1) the Committee on Banking, Housing, and (1) IN GENERAL.—Not later than 2 years after (c) REPORT ON CERTAIN INVESTMENTS BY Urban Affairs and the Committee on Appropria- the date of the enactment of this Act, and every STATE-OWNED OR STATE-CONTROLLED ENTI- tions of the Senate; and 2 years thereafter through 2026, the Secretary of TIES.— (2) the Committee on Financial Services and Commerce shall submit to Congress and the (1) IN GENERAL.—Not later than one year after the Committee on Appropriations of the House Committee on Foreign Investment in the United the date of the enactment of this Act, an appro- of Representatives. States a report on foreign direct investment priate member or members of the Committee on SEC. 1721. ASSESSMENT OF NEED FOR ADDI- transactions made by entities of the People’s Re- Foreign Investment in the United States shall, TIONAL RESOURCES FOR COM- public of China in the United States. in coordination with the chairperson of the MITTEE. (2) ELEMENTS.—Each report required by para- Committee, submit to Congress a report assess- The President shall— graph (1) shall include the following: ing— (1) determine whether and to what extent the (A) Total foreign direct investment from the (A) national security threats related to invest- expansion of the responsibilities of the Com- People’s Republic of China in the United States, ments in the United States by state-owned or mittee on Foreign Investment in the United including total foreign direct investment state-controlled entities in the manufacture or States pursuant to the amendments made by this disaggregated by ultimate beneficial owner. assembly of rolling stock or other assets for use title necessitates additional resources for the (B) A breakdown of investments from the Peo- in freight rail, public transportation, or inter- Committee and the departments and agencies ple’s Republic of China in the United States by city passenger rail systems, including the con- represented on the Committee to perform their value using the following categories: struction of new facilities; functions under section 721 of the Defense Pro- (i) Less than $50,000,000. (B) how the number and types of such invest- duction Act of 1950, as amended by this title; (ii) Greater than or equal to $50,000,000 and ments could affect any such threats; and and less than $100,000,000. (C) the authority and ability of the Committee (2) if the President determines that additional (iii) Greater than or equal to $100,000,000 and to respond to such threats. resources are necessary, include in the budget of less than $1,000,000,000. (2) CONSULTATION.—The member or members the President for fiscal year 2019 and each fiscal (iv) Greater than or equal to $1,000,000,000 of the Committee on Foreign Investment in the year thereafter submitted to Congress under sec- and less than $2,000,000,000. United States preparing the report required by tion 1105(a) of title 31, United States Code, a re- (v) Greater than or equal to $2,000,000,000 and paragraph (1) shall consult with the Secretary quest for such additional resources. less than $5,000,000,000. of Transportation and the head of any agency SEC. 1722. FUNDING. (vi) Greater than or equal to $5,000,000,000. that is not represented on the Committee that Section 721 of the Defense Production Act of (C) A breakdown of investments from the Peo- has significant technical expertise related to the 1950 (50 U.S.C. 4565) is amended by adding at ple’s Republic of China in the United States by assessments required by paragraph (1). the end the following: 2-digit North American Industry Classification SEC. 1719. CERTIFICATION OF NOTICES AND IN- ‘‘(o) FUNDING.— System code. FORMATION. ‘‘(1) ESTABLISHMENT OF FUND.—There is es- (D) A breakdown of investments from the Peo- Section 721(n) of the Defense Production Act tablished in the Treasury of the United States a ple’s Republic of China in the United States by of 1950 (50 U.S.C. 4565(n)) is amended— fund, to be known as the ‘Committee on Foreign investment type, using the following categories: (1) by redesignating paragraphs (1) and (2) as Investment in the United States Fund’ (in this (i) Businesses established. subparagraphs (A) and (B), respectively, and by subsection referred to as the ‘Fund’), to be ad- (ii) Businesses acquired. moving such subparagraphs, as so redesignated, ministered by the chairperson. (E) A breakdown of investments from the Peo- 2 ems to the right; ‘‘(2) APPROPRIATION OF FUNDS FOR THE COM- ple’s Republic of China in the United States by (2) by striking ‘‘Each notice’’ and inserting MITTEE.—There are authorized to be appro- government and non-government investments, the following: priated to the Fund such sums as may be nec- including volume, sector, and type of investment ‘‘(1) IN GENERAL.—Each notice’’; essary to perform the functions of the Com- within each category. (3) by striking ‘‘paragraph (3)(B)’’ and insert- mittee. (F) A list of companies incorporated in the ing ‘‘paragraph (6)(B)’’; ‘‘(3) FILING FEES.— United States purchased through government (4) by striking ‘‘paragraph (1)(A)’’ and insert- ‘‘(A) IN GENERAL.—The Committee may assess investment by the People’s Republic of China. ing ‘‘paragraph (3)(A)’’; and collect a fee in an amount determined by

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the Committee in regulations, to the extent pro- thority of any department or agency represented (B) CONSIDERATIONS.—In determining under vided in advance in appropriations Acts, with- on the Committee to represent its own interests subparagraph (A) the level of control appro- out regard to section 9701 of title 31, United before the Committee.’’. priate for technology described in paragraph (1), States Code, and subject to subparagraph (B), SEC. 1724. CONFORMING AMENDMENTS. the Secretary of Commerce shall take into ac- with respect to each covered transaction for Section 721 of the Defense Production Act of count— which a written notice is submitted to the Com- 1950 (50 U.S.C. 4565), as amended by this title, is (i) lists of countries to which exports from the mittee under subsection (b)(1)(C)(i). The total further amended— United States are restricted; and amount of fees collected under this paragraph (1) in subsection (b)— (ii) the potential end uses and end users of the may not exceed the costs of administering this (A) in paragraph (1)(D)(iii)(I), by striking technology. (C) MINIMUM REQUIREMENTS.—At a minimum, section. ‘‘subsection (l)(1)(A)’’ and inserting ‘‘subsection except as provided by paragraph (4), the Sec- ‘‘(B) DETERMINATION OF AMOUNT OF FEE.— (l)(3)(A)’’; and retary of Commerce shall require a license for ‘‘(i) IN GENERAL.—In determining the amount (B) in paragraph (2)(B)(i)(I), by striking the export, reexport, or in-country transfer of of the fee to be assessed under subparagraph (A) ‘‘that threat’’ and inserting ‘‘the risk’’; technology described in paragraph (1) to or in a with respect to a covered transaction, the Com- (2) in subsection (d)(4)(A), by striking ‘‘the country subject to an embargo, including an mittee shall base the amount of the fee on the foreign interest exercising control’’ and insert- arms embargo, imposed by the United States. value of the transaction, taking into consider- ing ‘‘a foreign person that would acquire an in- (3) REVIEW OF LICENSE APPLICATIONS.— ation— terest in a United States business or its assets as (A) PROCEDURES.—The procedures set forth in ‘‘(I) the effect of the fee on small business a result of the covered transaction’’; and Executive Order 12981 (50 U.S.C. 4603 note; re- concerns (as defined in section 3 of the Small (3) in subsection (j), by striking ‘‘merger, ac- lating to administration of export controls) or a Business Act (15 U.S.C. 632)); quisition, or takeover’’ and inserting ‘‘trans- successor order shall apply to the review of an ‘‘(II) the expenses of the Committee associated action’’. application for a license or other authorization with conducting activities under this section; SEC. 1725. REQUIREMENTS TO IDENTIFY AND ‘‘(III) the effect of the fee on foreign invest- for the export, reexport, or in-country transfer CONTROL THE EXPORT OF EMERG- of technology described in paragraph (1). ment; and ING AND FOUNDATIONAL TECH- (B) CONSIDERATION OF INFORMATION RELATING ‘‘(IV) such other matters as the Committee NOLOGIES. TO NATIONAL SECURITY.—In reviewing an appli- considers appropriate. (a) IDENTIFICATION OF TECHNOLOGIES.— cation for a license or other authorization for ‘‘(ii) PRIORITIZATION FEE.—The Committee (1) IN GENERAL.—The President shall establish the export, reexport, or in-country transfer of may establish a fee or fee scale to prioritize the and, in coordination with the Secretary of Com- technology described in paragraph (1), the Sec- timing of the response of the Committee to a merce, the Secretary of Defense, the Secretary of retary of Commerce shall take into account in- draft or final written notice during the period Energy, the Secretary of State, and the heads of formation provided by the Director of National before the Committee accepts the final written other Federal agencies as appropriate, lead, a Intelligence regarding any threat to the na- notice under subsection (b)(1)(C)(i), in the event regular, ongoing interagency process to identify tional security of the United States posed by the that the Committee is unable to respond during emerging and foundational technologies that— proposed export, reexport, or transfer. The Di- the time required by subclause (II) of that sub- (A) are essential to the national security of rector of National Intelligence shall provide section because of an unusually large influx of the United States; and notices, or for other reasons. (B) are not critical technologies described in such information on the request of the Secretary of Commerce. ‘‘(iii) UPDATES.—The Committee shall periodi- clauses (i) through (v) of section 721(a)(8)(B) of (C) DISCLOSURES RELATING TO COLLABORATIVE cally reconsider and adjust the amount of the the Defense Production Act of 1950, as amended ARRANGEMENTS.—In the case of an application fee to be assessed under subparagraph (A) with by section 1703. for a license or other authorization for the ex- respect to a covered transaction to ensure that (2) PROCESS.—The interagency process estab- port, reexport, or in-country transfer of tech- the amount of the fee does not exceed the costs lished under subsection (a) shall— nology described in paragraph (1) submitted by of administering this section and otherwise re- (A) be informed by multiple sources of infor- or on behalf of a joint venture, joint develop- mains appropriate. mation, including— ment agreement, or similar collaborative ar- ‘‘(C) DEPOSIT AND AVAILABILITY OF FEES.— (i) publicly available information; Notwithstanding section 3302 of title 31, United (ii) classified information, including relevant rangement, the Secretary of Commerce may re- States Code, fees collected under subparagraph information provided by the Director of Na- quire the applicant to identify, in addition to (A) shall— tional Intelligence; any foreign person participating in the arrange- ‘‘(i) be deposited into the Fund solely for use (iii) information relating to reviews and inves- ment, any foreign person with significant own- in carrying out activities under this section; tigations of transactions by the Committee on ership interest in a foreign person participating ‘‘(ii) to the extent and in the amounts pro- Foreign Investment in the United States under in the arrangement. (4) EXCEPTIONS.— vided in advance in appropriations Acts, be section 721 of the Defense Production Act of (A) MANDATORY EXCEPTIONS.—The Secretary available to the chairperson; 1950 (50 U.S.C. 4565); and of Commerce may not control under this sub- ‘‘(iii) remain available until expended; and (iv) information provided by the advisory com- section the export of any technology— ‘‘(iv) be in addition to any appropriations mittees established by the Secretary of Com- (i) described in section 203(b) of the Inter- made available to the members of the Committee. merce to advise the Under Secretary of Com- national Emergency Economic Powers Act (50 ‘‘(4) TRANSFER OF FUNDS.—To the extent pro- merce for Industry and Security on controls U.S.C. 1702(b)); or vided in advance in appropriations Acts, the under the Export Administration Regulations, (ii) if the regulation of the export of that tech- chairperson may transfer any amounts in the including the Emerging Technology and Re- nology is prohibited under any other provision Fund to any other department or agency rep- search Advisory Committee; of law. resented on the Committee for the purpose of ad- (B) take into account— (B) REGULATORY EXCEPTIONS.—In prescribing dressing emerging needs in carrying out activi- (i) the development of emerging and regulations under paragraph (1), the Secretary ties under this section. Amounts so transferred foundational technologies in foreign countries; of Commerce may include regulatory exceptions shall be in addition to any other amounts avail- (ii) the effect export controls imposed pursu- to the requirements of that paragraph. able to that department or agency for that pur- ant to this section may have on the development (C) ADDITIONAL EXCEPTIONS.—The Secretary pose.’’. of such technologies in the United States; and of Commerce shall not be required to impose SEC. 1723. CENTRALIZATION OF CERTAIN COM- (iii) the effectiveness of export controls im- under paragraph (1) a requirement for a license MITTEE FUNCTIONS. posed pursuant to this section on limiting the or other authorization with respect to the ex- Section 721 of the Defense Production Act of proliferation of emerging and foundational tech- port, reexport, or in-country transfer of tech- 1950 (50 U.S.C. 4565), as amended by section nologies to foreign countries; and nology described in paragraph (1) pursuant to 1722, is further amended by adding at the end (C) include a notice and comment period. any of the following transactions: the following: (b) COMMERCE CONTROLS.— (i) The sale or license of a finished item and ‘‘(p) CENTRALIZATION OF CERTAIN COMMITTEE (1) IN GENERAL.—The Secretary of Commerce the provision of associated technology if the FUNCTIONS.— shall establish appropriate controls under the United States person that is a party to the ‘‘(1) IN GENERAL.—The chairperson, in con- Export Administration Regulations on the ex- transaction generally makes the finished item sultation with the Committee, may centralize port, reexport, or in-country transfer of tech- and associated technology available to its cus- certain functions of the Committee within the nology identified pursuant to subsection (a), in- tomers, distributors, or resellers. Department of the Treasury for the purpose of cluding by prescribing additional regulations. (ii) The sale or license to a customer of a prod- enhancing interagency coordination and col- (2) LEVELS OF CONTROL.— uct and the provision of integration services or laboration in carrying out the functions of the (A) IN GENERAL.—The Secretary of Commerce similar services if the United States person that Committee under this section. may, in coordination with the Secretary of De- is a party to the transaction generally makes ‘‘(2) FUNCTIONS.—Functions that may be cen- fense, the Secretary of State, and the heads of such services available to its customers. tralized under paragraph (1) include monitoring other Federal agencies, as appropriate, specify (iii) The transfer of equipment and the provi- non-notified and non-declared transactions pur- the level of control to apply under paragraph (1) sion of associated technology to operate the suant to subsection (b)(1)(H), and other func- with respect to the export of technology de- equipment if the transfer could not result in the tions as determined by the chairperson and the scribed in that paragraph, including a require- foreign person using the equipment to produce Committee. ment for a license or other authorization for the critical technologies (as defined in section 721(a) ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this export, reexport, or in-country transfer of that of the Defense Production Act of 1950, as section shall be construed as limiting the au- technology. amended by section 1703).

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00144 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4155 (iv) The procurement by the United States interagency process established under sub- tions under subchapter C of chapter VII of title person that is a party to the transaction of section (a) with respect to emerging and 15, Code of Federal Regulations, issued under goods or services, including manufacturing serv- foundational technologies. the authority of the International Emergency ices, from a foreign person that is a party to the (2) DUTIES.—The Secretary— Economic Powers Act (50 U.S.C. 1701 et seq.) transaction, if the foreign person has no rights (A) shall revise the duties of the Emerging (pursuant to which the President has continued to exploit any technology contributed by the Technology and Research Advisory Committee in effect authorities granted under the Export United States person other than to supply the to include identifying emerging and Administration Act of 1979 (50 U.S.C. 4601 et procured goods or services. foundational technologies that may be devel- seq.)), the President shall delegate to the Sec- (v) Any contribution and associated support oped over a period of 5 years or 10 years; and retary of Commerce, in addition to existing au- by a United States person that is a party to the (B) may revise the duties of the Advisory Com- thorities, the authority to authorize any law en- transaction to an industry organization related mittee to include identifying trends in— forcement officer of the Department of Com- to a standard or specification, whether in devel- (i) the ownership by foreign persons and for- merce to conduct investigations (including un- opment or declared, including any license of or eign governments of such technologies; dercover investigations) in the United States (ii) the types of transactions related to such commitment to license intellectual property in and in other countries when permitted under technologies engaged in by foreign persons and compliance with the rules of any standards or- such countries’ laws using all applicable laws of foreign governments; ganization (as defined by the Secretary by regu- the United States. (iii) the blending of private and government lation). (b) BEST PRACTICE GUIDELINES.—The Sec- investment in such technologies; and (c) MULTILATERAL CONTROLS.— (iv) efforts to obfuscate ownership of such retary of Commerce, in consultation with the (1) IN GENERAL.—The Secretary of State, in technologies or to otherwise circumvent the con- heads of appropriate Federal agencies, may consultation with the Secretary of Commerce publish and update best practices guidelines to and the Secretary of Defense, and the heads of trols established under this section. (3) MEETINGS.— assist persons in developing and implementing, other Federal agencies, as appropriate, may pro- (A) FREQUENCY.—The Emerging Technology on a voluntary basis, effective export control pose that any technology identified pursuant to and Research Advisory Committee should meet programs in compliance with the Export Admin- subsection (a) be added to the list of tech- not less frequently than every 120 days. istration Regulations. nologies controlled by the relevant multilateral (B) ATTENDANCE.—A representative from each (c) CONFIDENTIALITY OF INFORMATION.— export control regimes. agency participating in the interagency process (1) EXEMPTIONS FROM DISCLOSURE.— (2) ITEMS ON COMMERCE CONTROL LIST OR established under subsection (a) should be in at- (A) IN GENERAL.—Information obtained under UNITED STATES MUNITIONS LIST.— tendance at each meeting of the Emerging Tech- the Export Administration Act of 1979 (50 U.S.C. (A) IN GENERAL.—If the Secretary of State nology and Research Advisory Committee. 2601 et seq.) (as continued in effect pursuant to proposes to a multilateral export control regime (4) CLASSIFIED INFORMATION.—Not fewer than the International Emergency Economic Powers under paragraph (1) to add a technology identi- half of the members of the Emerging Technology Act (50 U.S.C. 1701 et seq.)) may be withheld fied pursuant to subsection (a) to the control list and Research Advisory Committee should hold from disclosure only to the extent permitted by of that regime and that regime does not add that sufficient security clearances such that classi- statute, except that information described in technology to the control list during the 3-year fied information, including classified informa- subparagraph (B) shall be withheld from public period beginning on the date of the proposal, tion described in clauses (ii) and (iii) of sub- disclosure and shall not be subject to disclosure the applicable agency head may determine section (a)(2)(A), from the interagency process under section 552(b)(3) of title 5, United States whether national security concerns warrant the established under subsection (a) can be shared Code, unless the release of such information is continuation of unilateral export controls with with those members to inform the advice pro- determined by the Secretary to be in the na- respect to that technology. vided by the Advisory Committee. tional interest. (B) APPLICABLE AGENCY HEAD DEFINED.—In (5) APPLICABILITY OF FEDERAL ADVISORY COM- (B) INFORMATION DESCRIBED.—Information this paragraph, the term ‘‘applicable agency MITTEE ACT.—Subsections (a)(1), (a)(3), and (b) described in this subparagraph is information head’’ means— of section 10 and sections 11, 13, and 14 of the submitted or obtained in connection with an ap- (i) in the case of technology listed on the Com- Federal Advisory Committee Act (5 U.S.C. App.) plication for a license or other authorization to merce Control List set forth in Supplement No. shall not apply to the Emerging Technology and export, reexport, or transfer items or engage in 1 to part 774 of the Export Administration Regu- Research Advisory Committee. other activities, a recordkeeping or reporting re- lations, the Secretary of Commerce, in consulta- (6) REPORT.—The Emerging Technology and quirement, enforcement activity, or other oper- tion with the Secretary of Defense and the Sec- Research Advisory Committee shall include the ations under the Export Administration Act of retary of State; and findings of the Advisory Committee under this 1979, including— (ii) in the case of technology listed on the subsection in the annual report to Congress re- (i) the license application, license, or other United States Munitions List set forth in part quired by section 14 of the Export Administra- authorization itself; 121 of title 22, Code of Federal Regulations, the tion Act of 1979 (50 U.S.C. 4616) (as continued in Secretary of State, in consultation with the Sec- (ii) classification or advisory opinion requests, effect pursuant to the International Emergency and any response to such a request; retary of Defense and the heads of other Fed- Economic Powers Act (50 U.S.C. 1701 et seq.)). eral agencies, as appropriate. (iii) license determinations and information (g) RULE OF CONSTRUCTION.—Nothing in this pertaining to such determinations; (d) REPORT TO COMMITTEE ON FOREIGN IN- section shall be construed to alter or limit— VESTMENT IN THE UNITED STATES.—Not less fre- (iv) information or evidence obtained in the (1) the authority of the President or the Sec- course of any investigation; and quently than every 180 days, the Secretary of retary of State to designate items as defense ar- (v) information obtained or furnished in con- Commerce, in coordination with the Secretary of ticles and defense services for the purposes of nection with any international agreement, trea- Defense, the Secretary of State, and the heads the Arms Export Control Act (22 U.S.C. 2751 et ty, or other obligation. of other Federal agencies, as appropriate, shall seq.) or to otherwise regulate such items; or (2) INFORMATION TO CONGRESS AND GAO.— submit to the Committee on Foreign Investment (2) the authority of the President under the (A) IN GENERAL.—Nothing in this section shall in the United States a report on the results of Atomic Energy Act of 1954 (42 U.S.C. 2011 et be construed as authorizing the withholding of actions taken pursuant to this section. seq.), the Nuclear Non-Proliferation Act of 1978 information from Congress or the Comptroller (e) REPORT TO CONGRESS.—Not less frequently (22 U.S.C. 3201 et seq.), the Energy Reorganiza- General of the United States. than every 180 days, the Secretary of Commerce, tion Act of 1974 (42 U.S.C. 5801 et seq.), or the (B) AVAILABILITY TO CONGRESS.— in coordination with the Secretary of Defense, Export Administration Act of 1979 (50 U.S.C. (i) IN GENERAL.—Information obtained at any the Secretary of State, and the heads of other 4601 et seq.) (as continued in effect pursuant to time under any provision of the Export Adminis- Federal agencies, as appropriate, shall submit a the International Emergency Economic Powers tration Act of 1979 or the Export Administration report on the results of actions taken pursuant Act (50 U.S.C. 1701 et seq.)) or any other provi- Regulations, including reports or license appli- to this section, including actions taken pursu- sion of law relating to the control of exports. ant to subsections (a), (b), and (c), to— (h) DEFINITIONS.—In this section: cations required under any such provision, shall (1) the Committee on Banking, Housing, and (1) EXPORT ADMINISTRATION REGULATIONS.— be made available to a committee or sub- Urban Affairs, the Committee on Foreign Rela- The term ‘‘Export Administration Regulations’’ committee of Congress of appropriate jurisdic- tions, the Committee on Armed Services, and the means subchapter C of chapter VII of title 15, tion, upon the request of the chairman or rank- Select Committee on Intelligence of the Senate; Code of Federal Regulations. ing member of the committee or subcommittee. and (2) IN-COUNTRY TRANSFER.—The term ‘‘in- (ii) PROHIBITION ON FURTHER DISCLOSURE.— (2) the Committee on Financial Services, the country transfer’’ has the meaning given to the No committee or subcommittee referred to in Committee on Foreign Affairs, the Committee on term in the Export Administration Regulations. clause (i), or member thereof, may disclose any Armed Services, and the Permanent Select Com- (3) REEXPORT.—The term ‘‘reexport’’ has the information made available under clause (i) that mittee on Intelligence of the House of Represent- meaning given to the term in the Export Admin- is submitted on a confidential basis unless the atives. istration Regulations. full committee determines that the withholding (f) MODIFICATIONS TO EMERGING TECHNOLOGY (4) UNITED STATES PERSON.—The term ‘‘United of that information is contrary to the national AND RESEARCH ADVISORY COMMITTEE.— States person’’ means any person subject to the interest. (1) IN GENERAL.—The Secretary of Commerce jurisdiction of the United States. (C) AVAILABILITY TO GAO.— shall revise the objectives of the Emerging Tech- SEC. 1726. EXPORT CONTROL ENFORCEMENT AU- (i) IN GENERAL.—Information described in sub- nology and Research Advisory Committee, estab- THORITY. paragraph (B)(i) shall be subject to the limita- lished by the Secretary under the Export Admin- (a) AUTHORITIES.—In order to enforce the pro- tions contained in section 716 of title 31, United istration Regulations, to include advising the visions of the Export Administration Regula- States Code.

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(ii) PROHIBITION ON FURTHER DISCLOSURE.— (b) TITLE 5.—Section 5314 of title 5, United (4) Sectors of the defense industrial base in An officer or employee of the Government Ac- States Code, is amended by striking ‘‘Under Sec- which the United States lacks adequate produc- countability Office may not disclose, except to retary of Commerce for Export Administration’’ tive capacity to meet critical national defense Congress in accordance with this paragraph, and inserting ‘‘Under Secretary of Commerce for needs. any information described in subparagraph Industry and Security’’. (5) Priority areas for which appropriate statu- (B)(i) that is submitted on a confidential basis (c) CONTINUATION IN OFFICE.—The individual tory industrial base incentives should be applied or from which any individual can be identified. serving as Under Secretary of Commerce for Ex- as the most cost-effective, expedient, and prac- (3) INFORMATION SHARING.— port Administration on the day before the date tical alternative for meeting the technology or (A) EXCHANGE OF INFORMATION.—The heads of the enactment of this Act may serve as the defense industrial base needs identified under of departments, agencies, and offices with en- Under Secretary of Commerce for Industry and this subsection, including— forcement authorities under the Export Adminis- Security on and after that date without the (A) sustainment of critical production and tration Act of 1979, consistent with protection of need for renomination or reappointment. supply chain capabilities; law enforcement and its sources and methods, SEC. 1729. LIMITATION ON CANCELLATION OF (B) commercialization of research and devel- shall exchange any licensing and enforcement DESIGNATION OF SECRETARY OF opment investments; information with one another that is necessary THE AIR FORCE AS DEPARTMENT OF (C) scaling of emerging technologies; and to facilitate enforcement efforts under this sec- DEFENSE EXECUTIVE AGENT FOR A (D) other areas as determined by the Secretary tion, and shall consult on a regular basis with CERTAIN DEFENSE PRODUCTION and the Director. one another and with the heads of other depart- ACT PROGRAM. (6) Priority funding recommendations with re- ments, agencies, and offices that obtain infor- (a) LIMITATION ON CANCELLATION OF DESIGNA- spect to key areas that the Secretary, in con- mation subject to this paragraph, in order to fa- TION.—The Secretary of Defense may not imple- sultation with the Director, determines are— cilitate the exchange of such information. ment the decision, issued on July 1, 2017, to can- (A) critical to the United States maintaining (B) PROVISION OF INFORMATION BY FEDERAL cel the designation, under Department of De- superior military capabilities, especially with re- OFFICIALS.—Any Federal official who obtains fense Directive 4400.01E, entitled ‘‘Defense Pro- spect to potential peer and near peer military or information that is relevant to the enforcement duction Act Programs’’ and dated October 12, economic competitors, during the 5-year period of the Export Administration Act of 1979, in- 2001, of the Secretary of the Air Force as the De- beginning on the date of the enactment of this cluding information pertaining to any investiga- partment of Defense Executive Agent for the Act; and tion, shall furnish such information to each ap- program carried out under title III of the De- (B) suitable for long-term investment from propriate department, agency, or office with en- fense Production Act of 1950 (50 U.S.C. 4531 et funds made available under title III of the De- forcement responsibilities under this section to seq.) until the date specified in subsection (c). fense Production Act of 1950 and other appro- the extent consistent with the protection of in- (b) DESIGNATION.—The Secretary of the Air priate statutory authorities. telligence, counterintelligence, and law enforce- Force shall continue to serve as the sole and ex- (c) FORM OF REPORT.—The report required by ment sources, methods, and activities. clusive Department of Defense Executive Agent subsection (a)(3) shall be submitted in unclassi- (C) EXCEPTIONS.—The provisions of this para- for the program described in subsection (a) until fied form, but may include a classified annex. graph shall not apply to information subject to the date specified in subsection (c). (d) APPROPRIATE CONGRESSIONAL COMMITTEES the restrictions set forth in section 9 of title 13, (c) DATE SPECIFIED.—The date specified in DEFINED.—In this section, the term ‘‘appro- United States Code. Return information, as de- this subsection is the date of the enactment of a priate congressional committees’’ means— fined in section 6103(b) of the Internal Revenue joint resolution or an Act approving the imple- (1) the Committee on Banking, Housing and Code of 1986, may be disclosed only as author- mentation of the decision described in sub- Urban Affairs, the Committee on Armed Serv- ized by that section. section (a). (D) INFORMATION SHARING WITH FEDERAL ices, and the Select Committee on Intelligence of AGENCIES.—Licensing or enforcement informa- SEC. 1730. REVIEW OF AND REPORT ON CERTAIN the Senate; and tion obtained under the Export Administration DEFENSE TECHNOLOGIES CRITICAL (2) the Committee on Financial Services, the TO THE UNITED STATES MAINTAIN- Act of 1979 may be shared with heads of depart- Committee on Armed Services, and the Perma- ING SUPERIOR MILITARY CAPABILI- nent Select Committee on Intelligence of the ments, agencies, and offices that do not have TIES. House of Representatives. enforcement authorities under that Act on a (a) REVIEW REQUIRED.—Not later than 180 case-by-case basis, at the discretion of the Sec- days after the date of the enactment of this Act, SEC. 1731. BRIEFING ON INFORMATION FROM TRANSACTIONS REVIEWED BY COM- retary of Commerce. Such information may be the Secretary of Defense and the Director of Na- shared only when the Secretary makes a deter- MITTEE ON FOREIGN INVESTMENT tional Intelligence, in consultation with the Air IN THE UNITED STATES RELATING mination that the sharing of the information is Force Research Laboratory, the Defense Ad- TO FOREIGN EFFORTS TO INFLU- in the national interest. vanced Projects Research Agency, and such ENCE DEMOCRATIC INSTITUTIONS SEC. 1727. PROHIBITION ON MODIFICATION OF other appropriate research entities as the Sec- AND PROCESSES. CIVIL PENALTIES UNDER EXPORT retary and the Director may identify, shall— Not later than 60 days after the date of the CONTROL AND SANCTIONS LAWS. (1) jointly carry out and complete a review of enactment of this Act, the Secretary of the (a) IN GENERAL.—Notwithstanding any other key national security technology capability ad- Treasury (or a designee of the Secretary) shall provision of law, the Executive Office of the vantages, competitions, and gaps between the provide a briefing to the Committee on Banking, President may not modify any civil penalty, in- United States and ‘‘near peer’’ nations; Housing, and Urban Affairs of the Senate and cluding a denial order, implemented by the Gov- (2) develop a definition of ‘‘near peer nation’’ the Committee on Financial Services of the ernment of the United States with respect to a for purposes of paragraph (1); and House of Representatives on— Chinese telecommunications company pursuant (3) submit to the appropriate congressional (1) transactions reviewed by the Committee on to a determination that the company has vio- committees a report on the findings of the Sec- Foreign Investment in the United States during lated an export control or sanctions law of the retary and the Director with respect to the re- the 5-year period preceding the briefing that the United States until the date that is 30 days after view conducted under paragraph (1). Committee determined would have allowed for- the President certifies to the appropriate con- (b) ELEMENTS.—The review conducted under eign persons to inappropriately influence demo- gressional committees that the company— paragraph (1) of subsection (a), and the report cratic institutions and processes within the (1) has not, for a period of one year, con- required by paragraph (3) of that subsection, United States and in other countries; and ducted activities in violation of the laws of the shall identify, at a minimum, the following: (2) the disposition of such reviews, including United States; and any steps taken by the Committee to address the (2) is fully cooperating with investigations (1) Key United States industries and research risk of allowing foreign persons to influence into the activities of the company conducted by and development activities expected to be crit- such institutions and processes. the Government of the United States, if any. ical to maintaining a national security tech- (b) APPROPRIATE CONGRESSIONAL COMMITTEES nology capability if, during the 5-year period SEC. 1732. EFFECTIVE DATE. DEFINED.—In this section, the term ‘‘appro- beginning on the date of the enactment of this (a) IMMEDIATE APPLICABILITY OF CERTAIN priate congressional committees’’ means— Act, the Secretary and the Director anticipate PROVISIONS.—The following shall take effect on (1) the Committee on Banking, Housing, and that— the date of the enactment of this Act and apply Urban Affairs and the Committee on Foreign (A) a United States industrial base shortfall with respect to any covered transaction the re- Relations of the Senate; and will exist; and view or investigation of which is initiated under (2) the Committee on Financial Services and (B) United States industry will be unable to or section 721 of the Defense Production Act of the Committee on Foreign Affairs of the House otherwise will not provide the needed capacity 1950 on or after such date of enactment: of Representatives. in a timely manner without financial assistance (1) Sections 1705, 1707, 1708, 1709, 1710, 1713, SEC. 1728. UNDER SECRETARY OF COMMERCE from the United States Government through ex- 1714, 1715, 1716, 1717, 1719, 1720, 1721, 1722, 1723, FOR INDUSTRY AND SECURITY. isting statutory authorities specifically intended 1724, 1725, 1726, 1727, 1728, and 1729 and the (a) IN GENERAL.—On and after the date of the for that purpose, including assistance provided amendments made by those sections. enactment of this Act, any reference in the Ex- under title III of the Defense Production Act of (2) Section 1712 and the amendments made by port Administration Act of 1979 (50 U.S.C. 4601 1950 (50 U.S.C. 4531 et seq.) and other appro- that section (except for clause (iii) of section et seq.) or any other law or regulation to the priate authorities. 721(b)(4)(A) of the Defense Production Act of Under Secretary of Commerce for Export Admin- (2) Key areas in which the United States cur- 1950, as added by section 1712). istration shall be deemed to be a reference to the rently enjoys a technological advantage. (3) Paragraphs (1), (2), (3), (4), (5)(A)(i), Under Secretary of Commerce for Industry and (3) Key areas in which the United States no (5)(B)(i), (5)(B)(iv)(I), (5)(B)(v), (5)(C)(v), (6), Security. longer enjoys a technological advantage. (7), (8), (9), (10), (11), (12), (13), (14), (15), (16),

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and (17) of subsection (a) of section 721 of the (2) PUBLICATION IN FEDERAL REGISTER.—A (2) the date of the enactment of an Act au- Defense Production Act of 1950, as amended by pilot program may not commence until the date thorizing funds for military construction for fis- section 1703. that is 30 days after publication in the Federal cal year 2024. (4) Section 721(m)(4) of the Defense Produc- Register of a determination by the chairperson (b) EXCEPTION.—Subsection (a) shall not tion Act of 1950, as amended by section 1718 (ex- of the Committee of the scope of and procedures apply to authorizations for military construc- cept for clauses (ii), (iii), (iv), and (v) of sub- for the pilot program. That determination may tion projects, land acquisition, family housing paragraph (B) of that section). not be delegated. projects and facilities, and contributions to the (b) DELAYED APPLICABILITY OF CERTAIN PRO- SEC. 1733. SEVERABILITY. North Atlantic Treaty Organization Security In- VISIONS.— vestment Program (and authorizations of appro- If any provision of this title or an amendment (1) IN GENERAL.—Any provision of or amend- priations therefor), for which appropriated made by this title, or the application of such a ment made by this title not specified in sub- funds have been obligated before the later of— provision or amendment to any person or cir- section (a) shall— (1) October 1, 2023; or cumstance, is held to be invalid, the application (A) take effect on the date that is 30 days (2) the date of the enactment of an Act au- of that provision or amendment to other persons after publication in the Federal Register of a de- thorizing funds for fiscal year 2024 for military or circumstances and the remainder of the pro- termination by the chairperson of the Committee construction projects, land acquisition, family visions of this title and the amendments made on Foreign Investment in the United States that housing projects and facilities, or contributions by this title, shall not be affected thereby. the regulations, organizational structure, per- to the North Atlantic Treaty Organization Secu- sonnel, and other resources necessary to admin- DIVISION B—MILITARY CONSTRUCTION rity Investment Program. ister the new provisions are in place; and AUTHORIZATIONS SEC. 2003. EFFECTIVE DATE. (B) apply with respect to any covered trans- SEC. 2001. SHORT TITLE. Titles XXI through XXVII and title XXIX action the review or investigation of which is shall take effect on the later of— initiated under section 721 of the Defense Pro- This division may be cited as the ‘‘Military (1) October 1, 2018; or duction Act of 1950 on or after the date de- Construction Authorization Act for Fiscal Year (2) the date of the enactment of this Act. scribed in subparagraph (A). 2019’’. (2) NONDELEGATION OF DETERMINATION.—The SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND TITLE XXI—ARMY MILITARY determination of the chairperson of the Com- AMOUNTS REQUIRED TO BE SPECI- CONSTRUCTION mittee on Foreign Investment in the United FIED BY LAW. SEC. 2101. AUTHORIZED ARMY CONSTRUCTION States under paragraph (1)(A) may not be dele- (a) EXPIRATION OF AUTHORIZATIONS AFTER AND LAND ACQUISITION PROJECTS. gated. THREE YEARS.—Except as provided in subsection (a) INSIDE THE UNITED STATES.—Using (c) AUTHORIZATION FOR PILOT PROGRAMS.— (b), all authorizations contained in titles XXI amounts appropriated pursuant to the author- (1) IN GENERAL.—Beginning on the date of the through XXVII and title XXIX for military con- ization of appropriations in section 2103(a) and enactment of this Act and ending on the date struction projects, land acquisition, family available for military construction projects in- described in subsection (b)(1)(A), the Committee housing projects and facilities, and contribu- side the United States as specified in the fund- on Foreign Investment in the United States tions to the North Atlantic Treaty Organization ing table in section 4601, the Secretary of the may, at its discretion, conduct one or more pilot Security Investment Program (and authoriza- Army may acquire real property and carry out programs to implement any authority provided tions of appropriations therefor) shall expire on military construction projects for the installa- pursuant to any provision of or amendment the later of— tions or locations inside the United States, and made by this title not specified in subsection (a). (1) October 1, 2023; or in the amounts, set forth in the following table: Army: Inside the United States

State Installation Amount

Alabama ...... Anniston Army Depot ...... $5,200,000 California ...... Fort Irwin ...... $29,000,000 Colorado ...... Fort Carson ...... $77,000,000 Georgia ...... Fort Gordon ...... $99,000,000 Hawaii ...... Wheeler Army Airfield ...... $50,000,000 Indiana ...... Crane Army Ammunition Activity ...... $16,000,000 Kentucky ...... Fort Campbell ...... $50,000,000 Fort Knox ...... $26,000,000 New Jersey ...... Picatinny Arsenal ...... $41,000,000 New Mexico ...... White Sands Missile Range ...... $40,000,000 New York ...... West Point Military Reservation ...... $160,000,000 North Carolina ...... Fort Bragg ...... $10,000,000 South Carolina ...... Fort Jackson ...... $52,000,000 Texas ...... Fort Bliss ...... $24,000,000 Fort Hood ...... $9,600,000 Virginia ...... Arlington National Cemetery Southern Expansion ...... $30,000,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the author- ing table in section 4601, the Secretary of the in the amounts, set forth in the following table: ization of appropriations in section 2103(a) and Army may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Army: Outside the United States

Country Installation Amount

Germany ...... East Camp Grafenwoehr ...... $31,000,000 Honduras ...... Soto Cano Air Base ...... $21,000,000 Korea ...... Camp Tango ...... $17,500,000 Kuwait ...... Camp Arifjan ...... $44,000,000

SEC. 2102. FAMILY HOUSING. available for military family housing functions quisition and supporting facilities) at the instal- (a) CONSTRUCTION AND ACQUISITION.—Using as specified in the funding table in section 4601, lations or locations, in the number of units, and amounts appropriated pursuant to the author- the Secretary of the Army may construct or ac- in the amounts set forth in the following table: ization of appropriations in section 2103(a) and quire family housing units (including land ac- Army: Family Housing

State/Country Installation or Location Units Amount

Italy ...... Vicenza ...... Family Housing New Construction .. $95,134,000

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State/Country Installation or Location Units Amount

Korea ...... Camp Walker ...... Family Housing Replacement Con- $68,000,000 struction. Puerto Rico ...... Fort Buchanan ...... Family Housing Replacement Con- $26,000,000 struction. Wisconsin Fort McCoy ...... Family Housing New Construction .. $6,200,000

(b) PLANNING AND DESIGN.—Using amounts 2018, for military construction, land acquisition, SEC. 2104. EXTENSION OF AUTHORIZATIONS OF appropriated pursuant to the authorization of and military family housing functions of the CERTAIN FISCAL YEAR 2015 appropriations in section 2103(a) and available Department of the Army as specified in the PROJECTS. for military family housing functions as speci- funding table in section 4601. (a) EXTENSION.—Notwithstanding section 2002 fied in the funding table in section 4601, the Sec- of the Military Construction Authorization Act retary of the Army may carry out architectural (b) LIMITATION ON TOTAL COST OF CONSTRUC- for Fiscal Year 2015 (division B of Public Law and engineering services and construction de- TION PROJECTS.—Notwithstanding the cost vari- 113–291; 128 Stat. 3669), the authorization set sign activities with respect to the construction ations authorized by section 2853 of title 10, forth in the table in subsection (b), as provided or improvement of family housing units in an United States Code, and any other cost vari- in section 2101 of that Act (128 Stat. 3670), shall amount not to exceed $18,326,000. ation authorized by law, the total cost of all remain in effect until October 1, 2019, or the SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, projects carried out under section 2101 of this date of the enactment of an Act authorizing ARMY. Act may not exceed the total amount authorized funds for military construction for fiscal year (a) AUTHORIZATION OF APPROPRIATIONS.— to be appropriated under subsection (a), as spec- 2020, whichever is later. Funds are hereby authorized to be appropriated ified in the funding table in section 4601. (b) TABLE.—The table referred to in subsection for fiscal years beginning after September 30, (a) is as follows: Army: Extension of 2015 Project Authorizations

State/Country Installation or Location Project Amount

California ...... Military Ocean Terminal, Concord ...... Access Control Point ...... $9,900,000 Japan ...... Kadena Air Base ...... Missile Magazine ...... $10,600,000

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF for Fiscal Year 2016 (division B of Public Law date of the enactment of an Act authorizing CERTAIN FISCAL YEAR 2016 114–92; 129 Stat. 1145) the authorization set funds for military construction for fiscal year PROJECT. forth in the table in subsection (b), as provided 2024, whichever is later. (a) EXTENSION.—Notwithstanding section 2002 in section 2101 of that Act (129 Stat. 1146), shall (b) TABLE.—The table referred to in subsection of the Military Construction Authorization Act remain in effect until October 1, 2023, or the (a) is as follows: Army: Extension of 2016 Project Authorization

Virginia ...... Arlington Cemetery (DAR) ...... $60,000,000

TITLE XXII—NAVY MILITARY ization of appropriations in section 2204(a) and tions or locations inside the United States, and CONSTRUCTION available for military construction projects in- in the amounts, set forth in the following table: SEC. 2201. AUTHORIZED NAVY CONSTRUCTION side the United States as specified in the fund- AND LAND ACQUISITION PROJECTS. ing table in section 4601, the Secretary of the (a) INSIDE THE UNITED STATES.—Using Navy may acquire real property and carry out amounts appropriated pursuant to the author- military construction projects for the installa- Navy: Inside the United States

State Installation or Location Amount

Arizona ...... Camp Navajo ...... $14,800,000 California ...... Camp Pendleton ...... $199,630,000 Coronado ...... $77,780,000 Lemoore ...... $112,690,000 Miramar ...... $31,980,000 Point Mugu ...... $22,150,000 San Diego ...... $156,540,000 San Nicolas Island ...... $31,010,000 Seal Beach ...... $139,630,000 District of Columbia ...... Naval Observatory ...... $115,600,000 Florida ...... Mayport ...... $111,460,000 Naval Air Station Whiting Field ...... $10,000,000 Georgia ...... Marine Corps Logistics Base Albany ...... $31,900,000 Hawaii ...... Joint Base Pearl Harbor-Hickam ...... $45,000,000 Kaneohe Bay ...... $66,100,000 Pearl City ...... $78,320,000 Maine ...... Kittery ...... $149,685,000 Mississippi ...... Naval Construction Battalion Center ...... $22,300,000 North Carolina ...... Cherry Point Marine Corps Air Station ...... $240,830,000 Camp Lejeune ...... $51,300,000 Pennsylvania ...... Philadelphia ...... $71,050,000 South Carolina ...... Beaufort ...... $15,817,000 Parris Island ...... $35,190,000 Utah ...... Hill Air Force Base ...... $105,520,000 Virginia ...... Portsmouth ...... $26,120,000 Quantico ...... $13,100,000 Washington ...... Bangor ...... $88,960,000 Whidbey Island ...... $27,380,000

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(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the author- ing table in section 4601, the Secretary of the in the amounts, set forth in the following table: ization of appropriations in section 2204(a) and Navy may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Navy: Outside the United States

Country Installation or Location Amount

Bahamas ...... Andros Island ...... $31,050,000 Bahrain Island ...... SW Asia ...... $26,340,000 Cuba ...... Guantanamo Bay ...... $85,000,000 Germany ...... Panzer Kaserne ...... $43,950,000 Guam ...... Joint Region Marianas ...... $279,657,000 Japan ...... Kadena Air Base ...... $9,049,000

SEC. 2202. FAMILY HOUSING. available for military family housing functions quisition and supporting facilities) at the instal- (a) CONSTRUCTION AND ACQUISITION.—Using as specified in the funding table in section 4601, lation or location, in the number of units, and amounts appropriated pursuant to the author- the Secretary of the Navy may construct or ac- in the amount set forth in the following table: ization of appropriations in section 2204(a) and quire family housing units (including land ac- Navy: Family Housing

State Installation or Location Units Amount

Guam ...... Joint Region Marianas ...... Replace Andersen Housing PH III .. $83,441,000

(b) PLANNING AND DESIGN.—Using amounts the Navy may improve existing military family Act may not exceed the total amount authorized appropriated pursuant to the authorization of housing units in an amount not to exceed to be appropriated under subsection (a), as spec- appropriations in section 2204(a) and available $16,638,000. ified in the funding table in section 4601. for military family housing functions as speci- SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, TITLE XXIII—AIR FORCE MILITARY fied in the funding table in section 4601, the Sec- NAVY. CONSTRUCTION retary of the Navy may carry out architectural (a) AUTHORIZATION OF APPROPRIATIONS.— and engineering services and construction de- SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- Funds are hereby authorized to be appropriated TION AND LAND ACQUISITION sign activities with respect to the construction for fiscal years beginning after September 30, PROJECTS. or improvement of family housing units in an 2018, for military construction, land acquisition, (a) INSIDE THE UNITED STATES.—Using amount not to exceed $4,502,000. and military family housing functions of the amounts appropriated pursuant to the author- SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY Department of the Navy, as specified in the ization of appropriations in section 2304(a) and HOUSING UNITS. funding table in section 4601. available for military construction projects in- Subject to section 2825 of title 10, United (b) LIMITATION ON TOTAL COST OF CONSTRUC- side the United States as specified in the fund- States Code, and using amounts appropriated TION PROJECTS.—Notwithstanding the cost vari- ing table in section 4601, the Secretary of the Air pursuant to the authorization of appropriations ations authorized by section 2853 of title 10, Force may acquire real property and carry out in section 2204(a) and available for military United States Code, and any other cost vari- military construction projects for the installa- family housing functions as specified in the ation authorized by law, the total cost of all tions or locations inside the United States, and funding table in section 4601, the Secretary of projects carried out under section 2201 of this in the amounts, set forth in the following table: Air Force: Inside the United States

State Installation or Location Amount

Alaska ...... Eielson Air Force Base ...... $63,800,000 Arizona ...... Davis-Monthan Air Force Base ...... $15,000,000 Luke Air Force Base ...... $40,000,000 Florida ...... Eglin Air Force Base ...... $62,863,000 MacDill Air Force Base ...... $3,100,000 Maryland ...... Joint Base Andrews ...... $50,000,000 Massachusetts ...... Hanscom Air Force Base ...... $225,000,000 Nebraska ...... Offutt Air Force Base ...... $9,500,000 Nevada ...... Creech Air Force Base ...... $59,000,000 Nellis Air Force Base ...... $5,900,000 New Mexico ...... Holloman Air Force Base ...... $85,000,000 Kirtland Air Force Base ...... $7,000,000 New York ...... Rome Lab ...... $14,200,000 North Dakota ...... Minot Air Force Base ...... $66,000,000 Ohio ...... Wright-Patterson Air Force Base ...... $116,100,000 Oklahoma ...... Altus Air Force Base ...... $12,000,000 Tinker Air Force Base ...... $166,000,000 South Carolina ...... Shaw Air Force Base ...... $53,000,000 Utah ...... Hill Air Force Base ...... $26,000,000 Washington ...... White Bluff ...... $14,000,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the author- ing table in section 4601, the Secretary of the Air in the amount, set forth in the following table: ization of appropriations in section 2304(a) and Force may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Air Force: Outside the United States

Country Installation or Location Amount

Guam ...... Joint Region Marianas ...... $9,800,000 Mariana Islands-Tinian ...... Tinian ...... $50,700,000 Qatar ...... Al Udeid ...... $70,400,000 United Kingdom ...... RAF Lakenheath ...... $148,467,000

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Country Installation or Location Amount

Worldwide Classified ...... Classified Location ...... $18,000,000

SEC. 2302. FAMILY HOUSING. SEC. 2305. MODIFICATION OF AUTHORITY TO cludes two real property gifts of construction of CARRY OUT CERTAIN PHASED 929 and 465 square meters if such gift is accepted Using amounts appropriated pursuant to the PROJECT AUTHORIZED IN FISCAL authorization of appropriations in section by the Secretary in accordance with section 2601 YEARS 2015, 2016, AND 2017. of title 10, United States Code. 2304(a) and available for military family hous- In the case of the authorization contained in ing functions as specified in the funding table the table in section 2301(b) of the Military Con- SEC. 2308. ADDITIONAL AUTHORITY TO CARRY in section 4601, the Secretary of the Air Force OUT CERTAIN FISCAL YEAR 2019 struction Authorization Act for Fiscal Year 2015 PROJECTS. may carry out architectural and engineering (division B of Public Law 113–291; 128 Stat. 3679) (a) PROJECT AUTHORIZATIONS.—The Secretary services and construction design activities with for Royal Air Force Croughton, for JIAC Con- of the Air Force may carry out military con- respect to the construction or improvement of solidation Phase 1, the authorization contained struction projects to construct— family housing units in an amount not to exceed in the table in section 2301(b) of the Military (1) a 6,702 square meter Joint Simulation Envi- Construction Authorization Act for Fiscal Year $3,199,000. ronment Facility at Edwards Air Force Base, 2016 (division B of Public Law 114–92; 129 Stat. California, in the amount of $43,000,000; SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY 1153) for Croughton Royal Air Force, for JIAC HOUSING UNITS. (2) a 4,833 square meter Cyberspace Test Facil- Consolidation Phase 2, and the authorization ity at Eglin Air Force Base, Florida, in the Subject to section 2825 of title 10, United contained in the table in section 2301(b) of the amount of $38,000,000; and States Code, and using amounts appropriated Military Construction Authorization Act for (3) a 4,735 square meter Joint Simulation Envi- Fiscal Year 2017 (division B of Public Law 114– pursuant to the authorization of appropriations ronment Facility at Nellis Air Force Base, Ne- 328; 130 Stat. 2697) for Royal Air Force in section 2304(a) and available for military vada, in the amount of $30,000,000. Croughton, for JIAC Consolidation Phase 3, the family housing functions as specified in the (b) USE OF RESEARCH, DEVELOPMENT, TEST, location shall be United Kingdom, Unspecified. funding table in section 4601, the Secretary of AND EVALUATION FUNDS.—As provided for in the the Air Force may improve existing military SEC. 2306. MODIFICATION OF AUTHORITY TO Defense Laboratory Modernization Pilot Pro- family housing units in an amount not to exceed CARRY OUT CERTAIN FISCAL YEAR gram authorized by section 2803 of the Military 2017 PROJECT. $75,247,000. Construction Authorization Act for Fiscal Year In the case of the authorization contained in 2016 (Public Law 114–92; 129 Stat. 1169), the Sec- SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, the table in section 2301(a) of the Military Con- retary may use funds available for research, de- AIR FORCE. struction Authorization Act for Fiscal Year 2017 velopment, test, and evaluation for the projects (division B of Public Law 114–328; 130 Stat. 2696) (a) AUTHORIZATION OF APPROPRIATIONS.— described in subsection (a). Funds are hereby authorized to be appropriated for Joint Base San Antonio, Texas, for construc- TITLE XXIV—DEFENSE AGENCIES for fiscal years beginning after September 30, tion of a basic military training recruit dor- MILITARY CONSTRUCTION 2018, for military construction, land acquisition, mitory, the Secretary of the Air Force may con- and military family housing functions of the struct a 26,537 square meter dormitory in the SEC. 2401. AUTHORIZED DEFENSE AGENCIES Department of the Air Force, as specified in the amount of $92,300,000. CONSTRUCTION AND LAND ACQUISI- TION PROJECTS. funding table in section 4601. SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR (a) INSIDE THE UNITED STATES.—Using (b) LIMITATION ON TOTAL COST OF CONSTRUC- 2018 PROJECT. amounts appropriated pursuant to the author- TION PROJECTS.—Notwithstanding the cost vari- In the case of the authorization contained in ization of appropriations in section 2403(a) and ations authorized by section 2853 of title 10, the table in section 2301(a) of the Military Con- available for military construction projects in- United States Code, and any other cost vari- struction Authorization Act for Fiscal Year 2018 side the United States as specified in the fund- ation authorized by law, the total cost of all (division B of Public Law 115–91; 131 Stat. 1825) ing table in section 4601, the Secretary of De- projects carried out under section 2301 of this for the United States Air Force Academy, Colo- fense may acquire real property and carry out Act may not exceed the total amount authorized rado, for construction of a cyberworks facility, military construction projects for the installa- to be appropriated under subsection (a), as spec- the Secretary of the Air Force may construct a tions or locations inside the United States, and ified in the funding table in section 4601. facility of up to 4,462 square meters that in- in the amounts, set forth in the following table: Defense Agencies: Inside the United States

State Installation or Location Amount

Alaska ...... Clear Air Force Station ...... $174,000,000 Fort Greely ...... $8,000,000 Joint Base Elmendorf-Richardson ...... $14,000,000 Arkansas ...... Little Rock Air Force Base ...... $14,000,000 California ...... Camp Pendleton ...... $12,596,000 Coronado ...... $71,088,000 Defense Distribution Depot-Tracy ...... $18,800,000 Colorado ...... Fort Carson ...... $24,297,000 CONUS Classified ...... Classified Location ...... $49,222,000 Kentucky ...... Fort Campbell ...... $82,298,000 Maine ...... Kittery ...... $11,600,000 Maryland ...... Fort Meade ...... $805,000,000 Missouri ...... St. Louis ...... $447,800,000 New Jersey ...... Joint Base McGuire-Dix-Lakehurst ...... $10,200,000 North Carolina ...... Fort Bragg ...... $32,366,000 New River ...... $32,580,000 Oklahoma ...... McAlester ...... $7,000,000 Texas ...... Joint Base San Antonio ...... $10,200,000 Red River Army Depot ...... $71,500,000 Virginia ...... Dam Neck ...... $8,959,000 Fort A.P. Hill ...... $11,734,000 Fort Belvoir ...... $6,127,000 Humphreys Engineer Center ...... $20,257,000 Joint Base Langley-Eustis ...... $12,700,000 Pentagon ...... $35,850,000 Washington ...... Joint Base Lewis-McChord ...... $26,200,000

(b) OUTSIDE THE UNITED STATES.—Using available for military construction projects out- fense may acquire real property and carry out amounts appropriated pursuant to the author- side the United States as specified in the fund- ization of appropriations in section 2403(a) and ing table in section 4601, the Secretary of De-

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00150 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4161 military construction projects for the installa- tions or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States

Country Installation or Location Amount

Belgium ...... U.S. Army Garrison Benelux (Chievres) ...... $14,305,000 Cuba ...... Guantanamo Bay ...... $9,080,000 Djibouti ...... Camp Lemonnier ...... $3,750,000 Germany ...... Baumholder ...... $11,504,000 Kaiserslautern Air Base ...... $99,955,000 Weisbaden ...... $56,048,000 Greece ...... NSA Souda Bay ...... $2,230,000 Guam ...... Naval Base Guam ...... $4,634,000 NSA Naples ...... $990,000 Japan ...... Camp McTureous ...... $94,851,000 Iwakuni ...... $33,200,000 Kadena Air Base ...... $21,400,000 Yokosuka ...... $170,386,000 Unspecified Worldwide ...... Unspecified ...... $15,693,000

SEC. 2402. ENERGY RESILIENCE AND CONSERVA- 2403(a) and available for energy conservation 173 of title 10, United States Code, for the instal- TION INVESTMENT PROGRAM. projects as specified in the funding table in sec- lations or locations outside the United States, Using amounts appropriated pursuant to the tion 4601, the Secretary of Defense may carry and in the amounts set forth in the following authorization of appropriations in section out energy conservation projects under chapter table: Energy Conservation Projects: Inside the United States

State Installation or Location Amount

Alabama ...... Anniston Army Depot ...... $20,000,000 California ...... Naval Base Ventura County ...... $6,530,000 Colorado ...... Schriever Air Force Base ...... $4,044,000 Florida ...... MacDill Air Force Base ...... $3,700,000 Hawaii ...... Bellows Air Force Base ...... $2,944,000 Joint Base Pearl Harbor-Hickam ...... $4,500,000 Idaho ...... Mountain Home Air Force Base ...... $5,980,000 Indiana ...... NSA Crane ...... $6,890,000 Kansas ...... Salina Training Center ...... $3,500,000 Louisiana ...... Naval Air Station Joint Reserve Base New Orleans ...... $5,340,000 Maryland ...... NSA Bethesda ...... $22,000,000 New Mexico ...... Kirtland Air Force Base ...... $462,000 Ohio ...... Wright-Patterson Air Force Base ...... $7,900,000 Pennsylvania ...... Fort Indiantown Gap ...... $2,150,000 South Carolina ...... Marine Corps Air Station Beaufort ...... $22,402,000 Texas ...... Camp Mabry ...... $5,500,000 Sheppard Air Force Base ...... $9,404,000 Virginia ...... Naval Air Station Oceana ...... $2,520,000 NRO Headquarters ...... $571,000 Washington ...... Naval Base Kitsap ...... $1,790,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, United States Code, and any other cost vari- 113–291; 128 Stat. 3669), the authorizations set DEFENSE AGENCIES. ation authorized by law, the total cost of all forth in the table in subsection (b), as provided (a) AUTHORIZATION OF APPROPRIATIONS.— projects carried out under section 2401 of this in section 2401 of that Act (128 Stat. 3681), and Funds are hereby authorized to be appropriated Act may not exceed the total amount authorized amended by section 2406 of the Military Con- for fiscal years beginning after September 30, to be appropriated under subsection (a), as spec- struction Authorization Act for Fiscal Year 2018 2018, for military construction, land acquisition, ified in the funding table in section 4601. (division B of Public Law 115–91; 131 Stat. 1831), and military family housing functions of the SEC. 2404. EXTENSION OF AUTHORIZATIONS OF shall remain in effect until October 1, 2019, or Department of Defense (other than the military the date of the enactment of an Act authorizing departments), as specified in the funding table CERTAIN FISCAL YEAR 2015 funds for military construction for fiscal year in section 4601. PROJECTS. 2020, whichever is later. (b) LIMITATION ON TOTAL COST OF CONSTRUC- (a) EXTENSION.—Notwithstanding section 2002 TION PROJECTS.—Notwithstanding the cost vari- of the Military Construction Authorization Act (b) TABLE.—The table referred to in subsection ations authorized by section 2853 of title 10, for Fiscal Year 2015 (division B of Public Law (a) is as follows: Defense Agencies: Extension of 2015 Project Authorizations

Installation or State/Country Location Project Amount

Japan ...... Commander Fleet Activities Sasebo ...... E.J. King High School Replacement/Renova- $37,681,000 tion. Okinawa ...... Kubasaki High School Replacement/Renova- $99,420,000 tion. New Mexico ...... Cannon Air Force Base ...... SOF Squadron Operations Facility (STS) .... $23,333,000 Virginia ...... Pentagon ...... Redundant Chilled Water Loop ...... $15,100,000

SEC. 2405. AUTHORIZATION OF CERTAIN FISCAL (division B of Public Law 105–91) is amended by YEAR 2018 PROJECT. inserting after the item relating to South Caro- The table in section 2401(a) of the National lina the following new item: Defense Authorization Act for Fiscal Year 2018

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00151 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4162 CONGRESSIONAL RECORD — SENATE June 19, 2018

Texas ...... Fort Bliss Blood Processing Center ...... $8,300,000

TITLE XXV—INTERNATIONAL PROGRAMS North Atlantic Treaty Organization as a result Program authorized by section 2501 as specified Subtitle A—North Atlantic Treaty of construction previously financed by the in the funding table in section 4601. Organization Security Investment Program United States. Subtitle B—Host Country In-kind SEC. 2501. AUTHORIZED NATO CONSTRUCTION SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, Contributions AND LAND ACQUISITION PROJECTS. NATO. SEC. 2511. REPUBLIC OF KOREA FUNDED CON- The Secretary of Defense may make contribu- Funds are hereby authorized to be appro- STRUCTION PROJECTS. tions for the North Atlantic Treaty Organiza- priated for fiscal years beginning after Sep- Pursuant to agreement with the Republic of tion Security Investment Program as provided in tember 30, 2018, for contributions by the Sec- Korea for required in-kind contributions, the section 2806 of title 10, United States Code, in an retary of Defense under section 2806 of title 10, Secretary of Defense may accept military con- amount not to exceed the sum of the amount au- United States Code, for the share of the United struction projects for the installations or loca- thorized to be appropriated for this purpose in States of the cost of projects for the North At- tions, and in the amounts, set forth in the fol- section 2502 and the amount collected from the lantic Treaty Organization Security Investment lowing table: Republic of Korea Funded Construction Projects

Country Component Installation or Location Project Amount

Korea ...... Army ...... Camp Carroll ...... Upgrade Electrical Distribution, Phase 2 $52,000,000 Army ...... Camp Humphreys ...... Site Development ...... $7,800,000 Army ...... Camp Humphreys ...... Air Support Operations Squadron ...... $25,000,000 Army ...... Camp Humphreys...... Unaccompanied Enlisted Personnel Housing, P2 ...... $76,000,000 Army ...... Camp Humphreys...... Echelon Above Brigade Engineer Bat- talion, VMF ...... $123,000,000 Army ...... Camp Walker ...... Repair/ Replace Sewer Piping System .... $8,000,000 Navy ...... Chinhae ...... Indoor Training Pool ...... $7,400,000 Navy ...... Pohang Air Base ...... Replace Ordnance Storage Magazines ... $87,000,000 Air Force ...... Gimhae Air Base ...... Airfield Damage Repair Warehouse ...... $7,600,000 Air Force ...... Gwangju Air Base ...... Airfield Damage Repair Warehouse ...... $7,600,000 Air Force ...... Kunsan Air Base ...... Explosive Ordnance Disposal Facility .... $8,000,000 Air Force ...... Kunsan Air Base ...... Upgrade Flow- Through Fuel System .... $23,000,000 Air Force ...... Osan Air Base ...... 5th Recon-naissance Squadron Aircraft Shelter ...... $12,000,000 Air Force ...... Osan Air Base ...... Airfield Damage Repair Facility ...... $22,000,000 Air Force ...... Osan Air Base ...... Commun-ications HQ Building ...... $45,000,000 Air Force ...... Suwon Air Base ...... Airfield Damage Repair Warehouse ...... $7,200,000

TITLE XXVI—GUARD AND RESERVE and available for the National Guard and Re- FORCES FACILITIES serve as specified in the funding table in section Subtitle A—Project Authorizations and 4601, the Secretary of the Army may acquire real Authorization of Appropriations property and carry out military construction SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD projects for the Army National Guard locations CONSTRUCTION AND LAND ACQUISI- inside the United States, and in the amounts, TION PROJECTS. set forth in the following table: Using amounts appropriated pursuant to the authorization of appropriations in section 2606 Army National Guard

State Location Amount

Alaska ...... Joint Base Elmendorf-Richardson ...... $27,000,000 Illinois ...... Marseilles ...... $5,000,000 Montana ...... Malta ...... $15,000,000 Nevada ...... North Las Vegas ...... $32,000,000 New Hampshire ...... Pembroke ...... $12,000,000 North Dakota ...... Fargo ...... $32,000,000 Ohio ...... Camp Ravenna ...... $7,400,000 Oklahoma ...... Lexington ...... $11,000,000 Oregon ...... Boardman ...... $11,000,000 South Dakota ...... Rapid City ...... $15,000,000 Texas ...... Houston ...... $15,000,000 Virginia ...... Sandston ...... $89,000,000

SEC. 2602. AUTHORIZED ARMY RESERVE CON- and available for the National Guard and Re- projects for the Army Reserve locations inside STRUCTION AND LAND ACQUISITION serve as specified in the funding table in section the United States, and in the amounts, set forth PROJECTS. 4601, the Secretary of the Army may acquire real in the following table: Using amounts appropriated pursuant to the property and carry out military construction authorization of appropriations in section 2606 Army Reserve

State Location Amount

California ...... Barstow ...... $34,000,000 Wisconsin ...... Fort McCoy ...... $23,000,000

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00152 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4163 SEC. 2603. AUTHORIZED NAVY RESERVE AND MA- and available for the National Guard and Re- Reserve locations inside the United States, and RINE CORPS RESERVE CONSTRUC- serve as specified in the funding table in section in the amounts, set forth in the following table: TION AND LAND ACQUISITION 4601, the Secretary of the Navy may acquire real PROJECTS. property and carry out military construction Using amounts appropriated pursuant to the authorization of appropriations in section 2606 projects for the Navy Reserve and Marine Corps Navy Reserve and Marine Corps Reserve

State Location Amount

California ...... Seal Beach ...... $21,740,000 Georgia ...... Benning ...... $13,630,000 Pennsylvania ...... Pittsburgh ...... $17,650,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD and available for the National Guard and Re- tion projects for the Air National Guard loca- CONSTRUCTION AND LAND ACQUISI- serve as specified in the funding table in section tions inside the United States, and in the TION PROJECTS. 4601, the Secretary of the Air Force may acquire amounts, set forth in the following table: Using amounts appropriated pursuant to the real property and carry out military construc- authorization of appropriations in section 2606 Air National Guard

State Location Amount

California ...... Channel Islands Air National Guard Station ...... $8,000,000 Hawaii ...... Joint Base Peal Harbor-Hickam ...... $17,000,000 Illinois ...... General Wayne A. Downing Peoria International Airport ...... $9,000,000 Louisiana ...... Naval Air Station Joint Reserve Base New Orleans ...... $15,000,000 New York ...... Francis S. Gabreski Airport ...... $20,000,000 Pennsylvania ...... Fort Indiantown Gap ...... $8,000,000 Puerto Rico ...... Luis Munoz Marin International Airport ...... $50,000,000 Virginia ...... Joint Base Langley-Eustis ...... $10,000,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE and available for the National Guard and Re- tion projects for the Air Force Reserve locations CONSTRUCTION AND LAND ACQUISI- serve as specified in the funding table in section inside the United States, and in the amounts, TION PROJECTS. 4601, the Secretary of the Air Force may acquire set forth in the following table: Using amounts appropriated pursuant to the real property and carry out military construc- authorization of appropriations in section 2606 Air Force Reserve

State Location Amount

Indiana ...... Grissom Air Reserve Base ...... $21,500,000 Minnesota ...... St. Paul International Airport ...... $9,000,000 Mississippi ...... Keesler Air Force Base ...... $4,550,000 New York ...... Niagara Falls International Airport ...... $14,000,000 Texas ...... Naval Air Station Joint Reserve Base Fort Worth ...... $3,100,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, is constructed, no funds above the previously TITLE XXVII—BASE REALIGNMENT AND NATIONAL GUARD AND RESERVE. authorized $15,000,000 may be made available CLOSURE ACTIVITIES Funds are hereby authorized to be appro- for such purpose. priated for fiscal years beginning after Sep- SEC. 2701. AUTHORIZATION OF APPROPRIATIONS tember 30, 2018, for the costs of acquisition, ar- SEC. 2613. ADDITIONAL AUTHORITY TO CARRY FOR BASE REALIGNMENT AND CLO- chitectural and engineering services, and con- OUT CERTAIN FISCAL YEAR 2019 SURE ACTIVITIES FUNDED struction of facilities for the Guard and Reserve PROJECT. THROUGH DEPARTMENT OF DE- FENSE BASE CLOSURE ACCOUNT. Forces, and for contributions therefor, under (a) PROJECT AUTHORIZATION.—The Secretary chapter 1803 of title 10, United States Code (in- of the Navy may carry out a military construc- Funds are hereby authorized to be appro- cluding the cost of acquisition of land for those tion project to construct a 50,000 square foot re- priated for fiscal years beginning after Sep- facilities), as specified in the funding table in serve training center, 6,600 square foot combat tember 30, 2018, for base realignment and closure section 4601. vehicle maintenance and storage facility, 2,400 activities, including real property acquisition Subtitle B—Other Matters square foot vehicle wash rack, 1,600 square foot and military construction projects, as author- SEC. 2611. MODIFICATION OF AUTHORITY TO covered training area, road improvements, and ized by the Defense Base Closure and Realign- CARRY OUT CERTAIN FISCAL YEAR ment Act of 1990 (part A of title XXIX of Public 2016 PROJECT. associated supporting facilities, and may ac- In the case of the authorization contained in quire approximately 8.5 acres of adjacent land Law 101–510; 10 U.S.C. 2687 note) and funded the table in section 2603 of the Military Con- and obtain necessary interest in land at Pitts- through the Department of Defense Base Clo- struction Authorization Act for Fiscal Year 2016 burgh, Pennsylvania, in the amount of sure Account established by section 2906 of such (division B of Public Law 114–92; 129 Stat. 1164) $17,650,000. Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year for construction of a Reserve Training Center (b) USE OF UNOBLIGATED PRIOR-YEAR NAVY 2013 (division B of Public Law 112–239; 126 Stat. Complex at Dam Neck, Virginia, the Secretary MILITARY CONSTRUCTION RESERVE FUNDS.—The 2140)), as specified in the funding table in sec- of the Navy may construct the Reserve Training Secretary may use available, unobligated Navy Center Complex at Joint Expeditionary Base Lit- tion 4601. military construction reserve funds for the tle Creek-Story, Virginia. project described in subsection (a). SEC. 2702. PROHIBITION ON CONDUCTING ADDI- SEC. 2612. MODIFICATION OF AUTHORITY TO TIONAL BASE REALIGNMENT AND CARRY OUT CERTAIN FISCAL YEAR (c) CONGRESSIONAL NOTIFICATION.—The Sec- CLOSURE (BRAC) ROUND. 2018 PROJECT. retary of the Navy shall provide information in In the case of the authorization contained in accordance with section 2851(c) of title 10, Nothing in this Act shall be construed to au- the table in section 2601 of the Military Con- United States Code, regarding the project de- thorize an additional Base Realignment and struction Authorization Act for Fiscal Year 2018 scribed in subsection (a). If it becomes necessary Closure (BRAC) round. (division B of Public Law 115–91; 131 Stat. 1834) to exceed the estimated project cost, the Sec- for Fort Belvoir, Virginia, for additions and al- retary shall utilize the authority provided by terations to the National Guard Readiness Cen- section 2853 of such title regarding authorized ter, the Secretary of the Army may construct a cost and scope of work variations. new readiness center. If a new readiness center

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00153 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4164 CONGRESSIONAL RECORD — SENATE June 19, 2018 TITLE XXVIII—MILITARY CONSTRUCTION (1) by striking ‘‘$100,000,000’’ and inserting to require, with respect to any proposed major AND GENERAL PROVISIONS ‘‘$50,000,000’’; or minor military construction project requiring Subtitle A—Military Construction Program (2) by striking ‘‘October 1, 2017’’ and inserting congressional notification or approval— and Military Family Housing Changes ‘‘October 1, 2018’’; (A) disclosure whether a proposed project will (3) by striking ‘‘December 31, 2018’’ and insert- be sited within or partially within a 100-year SEC. 2801. ADDITIONAL AUTHORITY TO OBTAIN ing ‘‘December 31, 2019’’; and ARCHITECTURAL AND ENGINEERING floodplain, according to the most recent avail- SERVICES AND CONSTRUCTION DE- (4) by striking ‘‘fiscal year 2019’’ and inserting able Federal Emergency Management Agency SIGN FOR DEFENSE LABORATORY ‘‘fiscal year 2020’’. flood hazard data; and MODERNIZATION PILOT PROGRAM. SEC. 2804. UNSPECIFIED MINOR MILITARY CON- (B) if the proposed project will be sited within Section 2803 of the National Defense Author- STRUCTION PROJECTS RELATED TO or partially within a 100-year floodplain, the ization Act for Fiscal Year 2016 (Public Law REVITALIZATION AND RECAPITAL- specific risk mitigation plan. IZATION OF DEFENSE INDUSTRIAL 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note) is (2) DELINEATION OF FLOODPLAIN.—To the ex- BASE FACILITIES. tent that Federal Emergency Management amended— Section 2805 of title 10, United States Code, is (1) in subsection (a), by striking ‘‘subsection Agency flood hazard data are not available for amended by adding at the end the following (d)’’ and inserting ‘‘subsection (e)’’; a proposed major or minor military construction new subsection: (2) in subsection (b)(1), by striking ‘‘, site site, the Secretary concerned shall establish a ‘‘(g) DEFENSE INDUSTRIAL BASE FACILITY RE- preparation, and advance planning and design’’ process for delineating the 100-year floodplain VITALIZATION.—(1) For the revitalization and re- and inserting ‘‘and site preparation’’; using risk analysis that is consistent with the capitalization of Defense Industrial Base Facili- (3) in subsection (d), by striking ‘‘subsection standards used to inform Federal flood risk as- ties owned by the United States and under the (c)(1)’’ and inserting ‘‘subsection (d)(1)’’; sessments. jurisdiction of the Secretary concerned, the Sec- (4) by redesignating subsections (c), (d), (e), (3) REPORTING REQUIREMENTS.—For proposed and (f) as subsections (d), (e), (f), and (g), re- retary concerned may obligate and expend— ‘‘(A) from appropriations available to the Sec- projects that are to be sited within or partially spectively; retary concerned for operation and mainte- within a 100-year floodplain, the Secretary con- (5) by inserting after subsection (b) the fol- cerned shall submit to the congressional defense lowing new subsection: nance, amounts necessary to carry out an un- specified minor military construction project committees a report with the following: ‘‘(c) ARCHITECTURAL AND ENGINEERING SERV- (A) An assessment of flood vulnerability for costing not more than $6,000,000, notwith- ICES AND CONSTRUCTION DESIGN.—Using the proposed project. standing subsection (c); or amounts appropriated or otherwise made avail- (B) Any information concerning alternative ‘‘(B) from appropriations available to the Sec- able to the military departments for research, construction sites that were considered, and an retary concerned for military construction not development, test, and evaluation, the Secretary explanation of why those sites do not satisfy otherwise authorized by law or from funds au- of the military department concerned may ob- mission requirements. thorized to be made available section 2363(a) of tain architectural and engineering services and (C) A description of planned flood mitigation this title, amounts necessary to carry out an un- carry out construction design in connection measures. specified minor military construction project with a military construction project described in (4) MINIMUM FLOOD MITIGATION REQUIRE- costing not more than $6,000,000. subsection (a). This authority is not subject to MENTS.—When mitigating the flood risk of a ‘‘(2) For purposes of this subsection, an un- the condition in subsection (b).’’; major or minor military construction project specified minor military construction project is a (6) in subsection (d), as redesignated by para- within or partially within the 100-year flood- military construction project that (notwith- graph (4)— plain, the Secretary concerned shall require any standing subsection (a)) has an approved cost (A) in paragraph (1), by adding at the end the mitigation plan to assume an additional— following: ‘‘This requirement does not include equal to or less than $6,000,000. ‘‘(3) If the Secretary concerned makes a deci- (A) 2 feet above the base flood elevation for architectural and engineering services and con- non-mission critical buildings, as determined by struction design under subsection (c).’’; and sion to carry out an unspecified minor military construction project to which this subsection ap- the Secretary; and (B) in paragraph (2), by inserting ‘‘other than (B) 3 feet above the base flood elevation for plies, the Secretary concerned shall notify the funds used pursuant to subsection (c)’’ after mission-critical buildings, as determined by the appropriate committees of Congress of that deci- ‘‘subsection (a)’’; and Secretary. sion, of the justification for the project, and of (7) in subsection (g), as redesignated by para- (b) DISCLOSURE REQUIREMENTS FOR DEPART- the estimated cost of the project. The project graph (4), by striking ‘‘2020’’ and inserting MENT OF DEFENSE FORM 1391.—Not later than 30 may then be carried out only after the end of ‘‘2025’’. days after the date of the enactment of this Act, the 14-day period beginning on the date the no- SEC. 2802. MODIFICATION OF CONTRACT AU- the Secretary of Defense shall amend Depart- tification is received by the committees in an THORITY FOR ACQUISITION, CON- ment of Defense Form 1391 to require, for each electronic medium pursuant to section 480 of STRUCTION, OR FURNISHING OF requested military construction project— this title. TEST FACILITIES AND EQUIPMENT. (1) disclosure whether the project was in- ‘‘(4) In this section, the term ‘defense indus- Section 2353(a) of title 10, United States Code, cluded in the prior year’s future-years defense trial base facility’ means any Department of De- is amended— program submitted to Congress pursuant to sec- (1) by inserting after the first sentence the fol- fense depot, arsenal, shipyard, or plant located tion 221 of title 10, United States Code; and lowing: ‘‘The acquisition or construction of within the United States. (2) inclusion of an energy study or life cycle these research, developmental, or test facilities ‘‘(5) The authority to carry out a project analysis. shall be subject to the cost principles applicable under this subsection expires on September 30, (c) INCORPORATION OF CHANGING ENVIRON- to allowable contract expenses.’’; and 2023.’’. MENTAL CONDITION PROJECTIONS IN MILITARY (2) by adding at the end the following: ‘‘The SEC. 2805. CONGRESSIONAL OVERSIGHT OF CONSTRUCTION DESIGNS AND MODIFICATIONS.— acquisition or construction of facilities under PROJECTS CARRIED OUT PURSUANT Not later than 30 days after the date of the en- the authority of this section shall not be gov- TO LAWS OTHER THAN MILITARY actment of this Act, the Secretary of Defense erned by sections 2802, 2805, or 2811 of this title CONSTRUCTION AUTHORIZATION shall amend section 3–5.6.2.3 of United Facilities and their associated implementing regulations. ACTS. Section 2802(e)(1) of title 10, United States Criteria (UFC) 2–100–01 and UFC 2–100–02 (or The Secretary of Defense and the Secretaries of Code, is amended— any similar successor regulations) to provide the military departments shall promulgate regu- (1) by striking ‘‘Secretary concerned shall—’’ that in order to anticipate changing environ- lations necessary to give full force and effect to and all that follows through ‘‘comply with the mental conditions during the design life of exist- this section.’’. congressional notification requirement’’ and in- ing or planned new facilities and infrastructure, SEC. 2803. EXTENSION OF TEMPORARY, LIMITED serting ‘‘Secretary concerned shall comply with projections from reliable and authorized sources AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CON- the congressional notification requirement’’; such as the Census Bureau (for population pro- STRUCTION PROJECTS IN CERTAIN and jections), the National Academies of Sciences AREAS OUTSIDE THE UNITED (2) by inserting ‘‘and submit to the congres- (for land use change projections and climate STATES. sional defense committees any materials re- projections), the U.S. Geological Survey (for (a) EXTENSION OF AUTHORITY.—Subsection (h) quired to be submitted to Congress or any other land use change projections), and the U.S. Glob- of section 2808 of the Military Construction Au- congressional committees pursuant to the con- al Change Research Office and National Cli- thorization Act for Fiscal Year 2004 (division B gressional notification requirement’’ after ‘‘road mate Assessment (for climate projections) shall of Public Law 108–136; 117 Stat. 1723), as most project will be carried out’’. be considered and incorporated into military recently amended by section 2804 of the Military Subtitle B—Project Management and construction designs and modifications. Construction Authorization Act for Fiscal Year Oversight Reforms (d) INCLUSION OF CONSIDERATION OF ENERGY AND CLIMATE RESILIENCY EFFORTS IN MASTER 2018 (division B of Public Law 115–91), is further SEC. 2811. UPDATES AND MODIFICATIONS TO DE- amended— PARTMENT OF DEFENSE FORM 1391, PLANS FOR MAJOR MILITARY INSTALLATIONS.— (1) in paragraph (1), by striking ‘‘December UNIFIED FACILITIES CRITERIA, AND Section 2864 of title 10, United States Code, is 31, 2018’’ and inserting ‘‘December 31, 2019’’; MILITARY INSTALLATION MASTER amended— and PLANS. (1) in subsection (a)(2)— (2) in paragraph (2), by striking ‘‘fiscal year (a) FLOOD RISK DISCLOSURE FOR MILITARY (A) in subparagraph (C), by striking ‘‘and’’ at 2019’’ and inserting ‘‘fiscal year 2020’’. CONSTRUCTION.— the end; (b) LIMITATION ON USE OF AUTHORITY.—Sub- (1) IN GENERAL.—The Secretary of Defense (B) in subparagraph (D), by striking the pe- section (c)(1) of such section is amended— shall modify Department of Defense Form 1391 riod at the end and inserting ‘‘; and’’; and

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00154 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4165 (C) by adding at the end the following new propriate actions to comply with section 2865 of paragraph (1) shall be used in accordance with subparagraph: title 10, United States Code, as added by this section 2695(c) of title 10, United States Code. ‘‘(E) energy and climate resiliency efforts.’’; section. (e) DESCRIPTION OF PROPERTY.—The exact and Subtitle C—Land Conveyances acreage and legal description of the real prop- (2) in subsection (d), by adding at the end the SEC. 2821. LAND EXCHANGE, AIR FORCE PLANT erty to be exchanged under this section shall be following new paragraph: 44, TUCSON, ARIZONA. determined by a survey satisfactory to the Sec- ‘‘(3) The term ‘energy and climate resiliency’ (a) LAND CONVEYANCE AND RESTORATION OF retary. means anticipation, preparation for, and adap- REAL PROPERTY IMPROVEMENTS AUTHORIZED.— (f) ADDITIONAL TERMS AND CONDITIONS.—The tation to utility disruptions and changing envi- In connection with a project planned by the Secretary may require such additional terms ronmental conditions and the ability to with- Tuscon Airport Authority (in this section re- and conditions in connection with the land ex- stand, respond to, and recover rapidly from util- ferred to as ‘‘TAA’’) to relocate and extend a change and other transactions under this sec- ity disruptions while ensuring the sustainment parallel runway and make other airfield safety tion as the Secretary considers appropriate to of mission-critical operations.’’. enhancements at the Tucson International Air- protect the interests of the United States. With- (e) DEFINITION OF MILITARY INSTALLATION port, the Secretary of the Air Force (in this sec- out limiting the foregoing, the Secretary may es- RESILIENCE.—Section 101(e) of title 10, United tion referred to as the ‘‘Secretary’’) may— tablish a deed restriction on any part of the 58 States Code, is amended by adding at the end (1) convey to TAA all right, title, and interest acres described in subsection (a)(1) to accommo- the following new paragraph: of the United States in and to all or any part of date existing Quantity Distance arcs. ‘‘(8) MILITARY INSTALLATION RESILIENCE.— a parcel of real property, including any im- The term ‘military installation resilience’ means SEC. 2822. LAND CONVEYANCE, EGLIN AIR FORCE provements thereon, consisting of approximately BASE, FLORIDA. the capability of a military installation to avoid, 58 acres on Air Force Plant 44, Arizona, and lo- prepare for, minimize the effect of, adapt to, (a) CONVEYANCE AUTHORIZED.—The Secretary cated adjacent to Tucson International Airport; of the Air Force may convey, without consider- and recover from extreme weather events, or (2) agree to terminate all or a portion of any ation, to the Air Force Enlisted Village, a non- from anticipated or unanticipated changes in deed restrictions made for the benefit of the profit corporation (in this section referred to as environmental conditions, that do, or have the United States that limit construction on Tucson the ‘‘Village’’), all right, title, and interest of potential to, adversely affect the military instal- International Airport within 750 feet of the Air- the United States in and to a parcel of real lation or essential transportation, logistical, or port’s southwest property boundary with Air property, including improvements thereon, con- other necessary resources outside of the military Force Plant 44; and sisting of approximately 80 acres located adja- installation that are necessary in order to main- (3) using cash or in-kind consideration as pro- cent to Eglin Air Force Base, Florida, for the tain, improve, or rapidly reestablish installation vided in subsection (b)— mission assurance and mission-essential func- (A) construct new explosives storage facilities purpose of independent-living and assisted-liv- tions.’’. to replace the explosives storage facilities lo- ing apartments for veterans. The conveyance (f) ADJUSTMENT AND DIVERSIFICATION ASSIST- cated on the land described in paragraph (1) under this subsection is subject to valid existing ANCE FOR RESPONDING TO THREATS TO THE RE- and explosives storage facilities located on Air rights. SILIENCE OF A MILITARY INSTALLATION.—Section Force Plant 44 within the end-of-runway clear (b) REVERSIONARY INTEREST.—If the Secretary 2391(b)(1) of title 10, United States Code, is zone associated with the TAA airfield enhance- determines at any time that the real property amended— ment project; and conveyed under subsection (a) is not being used (1) by striking ‘‘, or (E) by the closure’’ and (B) construct new fencing as necessary to ac- in accordance with the purpose of the convey- inserting ‘‘, (E) by threats to military installa- commodate the changes in the boundary of Air ance specified in subsection (a), all right, title, tion resilience, or (F) by the closure’’; Force Plant 44. and interest in and to such real property, in- (2) by striking ‘‘(A), (B), (C), or (E)’’ and in- (b) CONSIDERATION.—As consideration for the cluding any improvements thereto, shall, at the serting ‘‘(A), (B), (C), or (F)’’; and land conveyance, deed restriction termination, option of the Secretary, revert to and become the (3) by striking ‘‘action described in clause (D), replacement of real property improvements, and property of the United States, and the United if the Secretary determines that the encroach- installation of fencing authorized under sub- States shall have the right of immediate entry ment of the civilian community’’ and inserting section (a), the following consideration must be onto such real property. A determination by the ‘‘action described in clause (D) or (E), if the received by the United States before the Sec- Secretary under this subsection shall be made Secretary determines that either the encroach- retary may make any conveyance or termination on the record after an opportunity for a hear- ment of the civilian community or threats to of real property interests of the United States as ing. military installation resilience’’. described in subsection (a): (c) PAYMENT OF COSTS OF CONVEYANCE.— SEC. 2812. WORK IN PROCESS CURVE CHARTS (1) All right, title, and interest of the owner or (1) PAYMENT REQUIRED.—The Secretary may AND OUTLAY TABLES FOR MILITARY owners thereof to the parcels of real property require the Village to cover all costs (except CONSTRUCTION PROJECTS. consisting of approximately 160 acres directly costs for environmental remediation of the prop- (a) REQUIRED SUBMISSIONS.— adjacent to the south boundary of Air Force erty) to be incurred by the Secretary, or to reim- (1) IN GENERAL.—Subchapter III of chapter Plant 44. burse the Secretary for costs incurred by the 169 of title 10, United States Code, is amended (2) The cost to the Secretary, in accordance Secretary, to carry out the conveyance under by inserting after section 2864 the following new with current design standards, of— this section, including survey costs, costs for en- section: (A) replacing the real property structures on vironmental documentation, and any other ad- ‘‘§ 2865. Work in Process Curve charts and Air Force Plant 44 made unusable due to the ministrative costs related to the conveyance. If outlay tables required for military construc- land transfers and termination of deed restric- amounts are collected from the Village in ad- tion projects tions, with structures of at least equivalent ca- vance of the Secretary incurring the actual pacity and functionality; and ‘‘Along with the budget for each fiscal year costs, and the amount collected exceeds the costs (B) installing the necessary boundary fencing actually incurred by the Secretary to carry out submitted by the President pursuant to section due to the changes in the boundary of Air Force 1105(a) of title 31, United States Code, the Sec- the conveyance, the Secretary shall refund the Plant 44. excess amount to the Village. retary of Defense and the Secretaries of the mili- (c) DIRECT PAYMENT OF CONSIDERATION TO (2) TREATMENT OF AMOUNTS RECEIVED.— tary departments shall include for any military GOVERNMENT CONTRACTORS.—The Secretary construction project over $35,000,000, as an ad- may require that any cash consideration to be Amounts received under paragraph (1) as reim- dendum to be included within the same docu- received under this section be paid, directly or bursement for costs incurred by the Secretary to ment as the 1391s for the Military Construction through the Air Force design and construction carry out the conveyance under subsection (a) Program budget documentation, a Project agent, to the contractors performing design or shall be credited to the fund or account that Spending Plan that includes— construction of the real property improvements was used to cover the costs incurred by the Sec- ‘‘(1) a Work in Process Curve chart to identify described in subsection (a)(3). retary in carrying out the conveyance, or to an funding, obligations, and outlay figures; and (d) PAYMENT OF COSTS OF CONVEYANCES.— appropriate fund or account currently available ‘‘(2) a monthly outlay table for funding, obli- (1) PAYMENT REQUIRED.—The Secretary may to the Secretary for the purposes for which the gations, and outlay figures.’’. require TAA to cover costs to be incurred by the costs were paid. Amounts so credited shall be (2) CLERICAL AMENDMENT.—The table of sec- Secretary to carry out the land exchange and merged with amounts in such fund or account tions at the beginning of such subchapter is other transactions authorized under this sec- and shall be available for the same purposes, amended by inserting after the item relating to tion, or to reimburse the Secretary for such and subject to the same conditions and limita- section 2864 the following new item: costs, including survey costs, appraisal costs, tions, as amounts in such fund or account. ‘‘2865. Work in Process Curve charts and outlay costs related to environmental documentation, (d) DESCRIPTION OF PROPERTY.—The exact tables required for military con- and other administrative costs related to the acreage and legal description of the property to struction projects.’’. conveyances. If amounts are collected from TAA be conveyed under subsection (a) shall be deter- (b) DEPARTMENT OF DEFENSE GUIDANCE.—The in advance of the Secretary incurring the actual mined by a survey satisfactory to the Secretary Secretary of Defense shall, in coordination with costs, and the amount collected exceeds the costs (e) ADDITIONAL TERMS AND CONDITIONS.—The the Under Secretary of Defense (Comptroller), actually incurred by the Secretary to carry out Secretary may require such additional terms update Department of Defense Financial Man- such transactions, the Secretary shall refund and conditions in connection with the convey- agement Regulation 7000.14–R, and any other the excess amount to TAA. ance under subsection (a) as the Secretary con- appropriate instructions and guidance, to en- (2) TREATMENT OF AMOUNTS RECEIVED.— siders appropriate to protect the interests of the sure that the Department of Defense takes ap- Amounts received as reimbursements under United States.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00155 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4166 CONGRESSIONAL RECORD — SENATE June 19, 2018 Subtitle D—Other Matters submit to Congress a report setting forth the fol- ‘‘(2) The term ‘Indian tribe’ means any Indian SEC. 2831. COMMEMORATION OF FREEDMAN’S lowing: tribe, band, nation, or other organized group or VILLAGE. (1) A description of the progress made during community, including any Alaska Native village (a) FREEDMAN’S VILLAGE GATE.—The Sec- the preceding fiscal year in implementing the or regional or village corporation as defined in retary of the Army shall, as part of the southern strategic plan. or established pursuant to the Alaska Native expansion of Arlington National Cemetery, (2) A description of any additional actions Claims Settlement Act (43 U.S.C. 1601 et seq.), name the newly constructed gate located at the taken, or to be taken, to address limitations and which is recognized as eligible for the special intersection of Hobson Drive and Southgate constraints on training ranges and enablers. programs and services provided by the United Road, ‘‘Freedman’s Village Gate’’. (3) Assessments of individual training ranges States to Indians because of their status as Indi- (b) PERMANENT EASEMENT.—The Secretary of addressing the evaluation conducted under sub- ans. the Army is directed to grant to Arlington Coun- section (b). ‘‘(3) The term ‘culturally connected location’ ty a permanent easement of no less than 0.1 (g) ADDITIONAL REPORT ELEMENT.—Each re- means a location or place that has demonstrable acres of land within the right-of-way of port under subsections (e) and (f) shall also in- significance to Indians or Alaska Natives based Southgate Road to the south and west of Hob- clude a list of significant modifications to train- on its association with the traditional beliefs, son Drive and west of the planned joint base ac- ing range inventory, such as range closures or customs, and practices of a living community, cess road that is also continuous with Foxcroft expansions, during the preceding fiscal year, in- including locations or places where religious, Heights Park for the purpose of commemorating cluding any limitations or impacts due to cli- ceremonial, subsistence, medicinal, economic, or Freedman’s Village. matic conditions. other lifeways practices have historically taken (c) RELOCATION OF COMMEMORATION IN EVENT SEC. 2833. NATIVE AMERICAN INDIAN LANDS EN- place.’’. LOCATION IS USED FOR BURIAL PURPOSES.—In VIRONMENTAL MITIGATION PRO- (b) TABLE OF SECTIONS AMENDMENT.—The the event Arlington National Cemetery subse- GRAM. table of sections at the beginning of such chap- quently acquires the property used for the com- (a) IN GENERAL.—Chapter 160 of title 10, ter is amended by inserting after the item relat- memoration described under subsection (b) for United States Code, is amended by adding at the ing to section 2711 the following new item: burial purposes, the Army shall relocate any end the following new section: ‘‘2712. Native American lands environmental commemoration of Freedman’s Village to an ap- ‘‘§ 2712. Native American lands environmental mitigation program.’’. propriate location. mitigation program SEC. 2834. DEFENSE COMMUNITY INFRASTRUC- (d) REIMBURSEMENT.—The Secretary of De- ‘‘(a) ESTABLISHMENT.—The Secretary of De- TURE PILOT PROGRAM. fense may accept reimbursement from Arlington fense may establish and carry out a program to Section 2391 of title 10, United States Code, is County for any costs associated with commemo- mitigate the environmental effects of Depart- amended— rating Freedman’s Village. ment of Defense actions on Indian lands and (1) by redesignating subsections (d) and (e) as SEC. 2832. STRATEGIC PLAN TO IMPROVE CAPA- culturally connected locations. subsections (e) and (f), respectively; BILITIES OF DEPARTMENT OF DE- ‘‘(b) PROGRAM ACTIVITIES.—The activities (2) by inserting after subsection (c) the fol- FENSE TRAINING RANGES AND IN- that may be carried out under the program es- lowing new subsection: STALLATIONS. tablished under subsection (a) are the following: ‘‘(d) DEFENSE COMMUNITY INFRASTRUCTURE (a) PLAN REQUIRED.—The Secretary of De- ‘‘(1) Identification, investigation, and docu- PILOT PROGRAM.—(1) The Secretary of Defense fense shall develop and implement a comprehen- mentation of suspected environmental effects at- may make grants, conclude cooperative agree- sive strategic plan to identify and address defi- tributable to past Department of Defense ac- ments, and supplement funds available under cits in the capabilities of Department of Defense tions. Federal programs administered by agencies training ranges to support current and antici- ‘‘(2) Development of mitigation options for other than the Department of Defense to assist pated readiness requirements to execute the Na- such environmental effects, including develop- State and local governments to address defi- tional Defense Strategy (NDS). ment of cost-to-complete estimates and a system ciencies in community infrastructure supportive (b) EVALUATION.—As part of the preparation for prioritizing mitigation actions. of a military installation, if the Secretary deter- of the strategic plan, the Secretary shall con- ‘‘(3) Direct mitigation actions that the Sec- mines that such assistance will enhance the duct an evaluation of the following: retary determines are necessary and appropriate military value, resilience, or military family (1) The adequacy of current training range re- to mitigate the adverse environmental effects of quality of life at such military installation. sources to include the ability to train against past Department of Defense actions. ‘‘(2) The Secretary shall establish criteria for near-peer or peer threats in a realistic 5th Gen- ‘‘(4) Demolition and removal of unsafe build- the selection of community infrastructure eration environment. ings and structures used by, under the jurisdic- projects to receive assistance under paragraph (2) The adequacy of current training enablers tion of, or formerly used by or under the juris- (1). The criteria shall include a requirement that to meet current and anticipated demands of the diction of the Department of Defense. the State or local government agree to con- Armed Forces. ‘‘(5) Training, technical assistance, and ad- tribute not less than 30 percent of the funding (c) ELEMENTS.—The strategic plan shall in- ministrative support to facilitate the meaningful for the community infrastructure project, unless clude the following: participation of Indian tribes in mitigation ac- the community infrastructure project is located (1) Proposals to enhance the capabilities of tions under the program. in a rural area, or for reasons related to na- training ranges to address any limitations or ‘‘(6) Development and execution of a policy tional security, in which case the Secretary may constraints on current Department resources, governing consultation with Indian tribes that waive the requirement for a State or local gov- including any climatically induced impacts or have been or may be affected by Department of ernment contribution. shortfalls. Defense actions, including training Department ‘‘(3) Amounts appropriated or otherwise made (2) Goals and milestones for tracking actions of Defense personnel to ensure compliance with available for assistance under paragraph (1) under the plan and measuring progress in car- the policy. may remain available until expended. rying out such actions. ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In car- ‘‘(4) The authority under this subsection shall (3) Projected funding requirements for imple- rying out the program established under sub- expire on September 30, 2023.’’; and menting actions under the plan. section (a), the Secretary of Defense may enter (3) in subsection (e), as redesignated by para- (d) DEVELOPMENT AND IMPLEMENTATION.— into a cooperative agreement with an Indian graph (1), by adding at the end the following The Under Secretary of Defense for Acquisition tribe or an instrumentality of tribal government. new paragraphs: and Sustainment, as the principal staff assist- ‘‘(2) Notwithstanding chapter 63 of title 31, a ‘‘(4) The term ‘community infrastructure’ ant to the Secretary on installation manage- cooperative agreement under this section may be means any transportation project; school, hos- ment, shall have lead responsibility for devel- used to acquire property or services for the di- pital, police, fire, emergency response, or other oping and overseeing implementation of the rect benefit of the United States Government. community support facility; or water, waste- strategic plan and for coordination of the dis- ‘‘(3) Any cooperative agreement under this water, telecommunications, electric, gas, or charge of the plan by components of the Depart- section for the procurement of severable services other utility infrastructure project that is lo- ment. may begin in one fiscal year and end in another cated off of a military installation and owned (e) REPORT ON IMPLEMENTATION.—Not later fiscal year provided the total period of perform- by a State or local government. than April 1, 2020, the Secretary shall, through ance does not exceed five calendar years. ‘‘(5) The term ‘rural area’ means a city, town, the Under Secretary of Defense for Acquisition ‘‘(d) DEFINITIONS.—In this section: or unincorporated area that has a population of and Sustainment, submit to Congress a report ‘‘(1) The term ‘Indian land’ includes— not more than 20,000 inhabitants.’’. on the progress made in implementing this sec- ‘‘(A) any land located within the boundaries SEC. 2835. REPRESENTATION OF INSTALLATION tion, including the following: and a part of an Indian reservation, pueblo, or INTERESTS IN NEGOTIATIONS AND (1) A description of the strategic plan. rancheria; PROCEEDINGS WITH CARRIERS AND (2) A description of the results of the evalua- ‘‘(B) any land that has been allotted to an in- OTHER PUBLIC UTILITIES. tion conducted under subsection (b). dividual Indian, but has not been conveyed to Section 501(c) of title 40, United States Code, (3) Such recommendations as the Secretary such Indian with full power of alienation; is amended— considers appropriate with respect to improve- ‘‘(C) Alaska Native village and regional cor- (1) by redesignating paragraphs (1) and (2) as ments of the capabilities of training ranges and poration lands; and subparagraphs (A) and (B), respectively; enablers. ‘‘(D) lands and waters upon which any feder- (2) by inserting ‘‘(1)’’ before ‘‘For transpor- (f) PROGRESS REPORTS.—Not later than April ally recognized Indian tribe has rights reserved tation’’; and 1, 2019, and annually thereafter for 3 years, the by treaty, act of Congress, or action by the (3) by adding at the end the following new Secretary shall, through the Under Secretary, President. paragraph:

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‘‘(2) Prior to representing any installation of visitor experiences, there is established in the (I) IN GENERAL.—The Secretary, in coordina- the Department of Defense in any proceeding State the White Sands National Park as a unit tion with the Secretary of the Army, shall pre- under this subsection, the Administrator or any of the National Park System. pare and keep on file for public inspection in persons or entities acting on behalf of the Ad- (B) ABOLISHMENT OF WHITE SANDS NATIONAL the appropriate office of the Secretary a map ministrator shall— MONUMENT.— and a legal description of the revised boundary ‘‘(A) notify the senior mission commander of (i) ABOLISHMENT.—Due to the establishment of the Park. the installation; and of the Park, the Monument is abolished. (II) EFFECT.—The map and legal description ‘‘(B) solicit and represent the interests of the (ii) INCORPORATION.—The land and interests under subclause (I) shall have the same force installation as determined by the installation’s in land that comprise the Monument are incor- and effect as if included in this section, except senior mission commander.’’. porated in, and shall be considered to be part of, that the Secretary may correct clerical and ty- SEC. 2836. WHITE SANDS MISSILE RANGE LAND the Park. pographical errors in the map and legal descrip- ENHANCEMENTS. (C) REFERENCES.—Any reference in a law, tion. (a) DEFINITIONS.—In this section: map, regulation, document, paper, or other (iii) BOUNDARY SURVEY.—As soon as prac- (1) MAP.—The term ‘‘Map’’ means the map record of the United States to the ‘‘White Sands ticable after the date of the establishment of the entitled ‘‘White Sands National Park Proposed National Monument’’ shall be considered to be a Park and subject to the availability of funds, Boundary Revision & Transfer of Lands Be- reference to the ‘‘White Sands National Park’’. the Secretary shall complete an official bound- tween National Park Service & Department of (D) AVAILABILITY OF FUNDS.—Any funds ary survey of the Park. the Army’’, numbered 142/136,271, and dated available for the Monument shall be available (B) MISSILE RANGE.— February 14, 2017. for the Park. (i) IN GENERAL.—The boundary of the missile (2) MILITARY MUNITIONS.—The term ‘‘military (E) ADMINISTRATION.—The Secretary shall ad- range and the Public Land Order are modified munitions’’ has the meaning given the term in minister the Park in accordance with— to exclude the land transferred to the Secretary section 101(e) of title 10, United States Code. (i) this subsection; and under paragraph (1)(A) and to include the land (3) MISSILE RANGE.—The term ‘‘missile range’’ (ii) the laws generally applicable to units of transferred to the Secretary of the Army under means the White Sands Missile Range, New the National Park System, including section paragraph (1)(B). Mexico, administered by the Secretary of the 100101(a), chapter 1003, sections 100751(a), (ii) MAP.—The Secretary shall prepare a map Army. 100752, 100753, and 102101, and chapter 3201 of and legal description depicting the revised (4) MONUMENT.—The term ‘‘Monument’’ title 54, United States Code. boundary of the missile range. means the White Sands National Monument, (F) WORLD HERITAGE LIST NOMINATION.— (C) CONFORMING AMENDMENT.—Section 2854 of New Mexico, established by Presidential Procla- (i) COUNTY CONCURRENCE.—The Secretary Public Law 104–201 (54 U.S.C. 320301 note) is re- mation No. 2025 (54 U.S.C. 320301 note), dated shall not submit a nomination for the Park to be pealed. January 18, 1933, and administered by the Sec- included on the World Heritage List of the (3) ADMINISTRATION.— retary. United Nations Educational, Scientific and Cul- (A) PARK.—The Secretary shall administer the (5) MUNITIONS DEBRIS.—The term ‘‘munitions tural Organization unless each county in which land transferred under paragraph (1)(A) in ac- debris’’ has the meaning given the term in vol- the Park is located concurs in the nomination. cordance with laws (including regulations) ap- ume 8 of the Department of Defense Manual (ii) ARMY NOTIFICATION.—Before submitting a plicable to the Park. Number 6055.09–M entitled ‘‘DoD Ammunitions nomination for the Park to be included on the (B) MISSILE RANGE.—Subject to subparagraph and Explosives Safety Standards’’ and dated World Heritage List of the United Nations Edu- (C), the Secretary of the Army shall administer February 29, 2008 (as in effect on the date of en- cational, Scientific and Cultural Organization, the land transferred to the Secretary of the actment of this Act). the Secretary shall notify the Secretary of the Army under paragraph (1)(B) as part of the mis- (6) PARK.—The term ‘‘Park’’ means the White Army of the intent of the Secretary to nominate sile range. Sands National Park established by subsection the Park. (C) INFRASTRUCTURE; RESOURCE MANAGE- (b)(2)(A). (G) EFFECT.—Nothing in this paragraph af- MENT.— (7) PUBLIC LAND ORDER.—The term ‘‘Public fects— (i) RANGE ROAD 7.— Land Order’’ means Public Land Order 833, (i) valid existing rights (including water (I) INFRASTRUCTURE MANAGEMENT.—To the dated May 21, 1952 (17 Fed. Reg. 4822). rights); maximum extent practicable, in planning, con- (8) SECRETARY.—The term ‘‘Secretary’’ means (ii) permits or contracts issued by the Monu- structing, and managing infrastructure on the the Secretary of the Interior. ment; land described in subclause (III), the Secretary (9) STATE.—The term ‘‘State’’ means the State (iii) existing agreements, including agreements of the Army shall apply low-impact development of New Mexico. with the Department of Defense; techniques and strategies to prevent impacts (b) WHITE SANDS NATIONAL PARK.— (iv) the jurisdiction of the Department of De- within the missile range and the Park from (1) FINDINGS.—Congress finds that— fense regarding the restricted airspace above the stormwater runoff from the land described in (A) White Sands National Monument was es- Park; or that subclause. tablished on January 18, 1933, by President Her- (v) the airshed classification of the Park (II) RESOURCE MANAGEMENT.—The Secretary bert Hoover under chapter 3203 of title 54, under the Clean Air Act (42 U.S.C. 7401 et seq.). of the Army shall— United States Code (commonly known as the (c) MODIFICATION OF BOUNDARIES OF WHITE (aa) manage the land described in subclause ‘‘Antiquities Act of 1906’’); SANDS NATIONAL PARK AND WHITE SANDS MIS- (III) in a manner consistent with the protection (B) President Hoover proclaimed that the SILE RANGE.— of natural and cultural resources within the Monument was established ‘‘for the preservation (1) TRANSFERS OF ADMINISTRATIVE JURISDIC- missile range and the Park and in accordance of the white sands and additional features of TION.— with section 101(a)(1)(B) of the Sikes Act (16 scenic, scientific, and educational interest’’; (A) TRANSFER OF ADMINISTRATIVE JURISDIC- U.S.C. 670a(a)(1)(B)), division A of subtitle III (C) the Monument was expanded by Presi- TION TO THE SECRETARY.— of title 54, United States Code, and the Native dents Roosevelt, Eisenhower, Carter, and Clin- (i) IN GENERAL.—Administrative jurisdiction American Graves Protection and Repatriation ton in 1934, 1942, 1953, 1978, and 1996, respec- over the land described in clause (ii) is trans- Act (25 U.S.C. 3001 et seq.); and tively; ferred from the Secretary of the Army to the (bb) include the land described in subclause (D) the Monument contains a substantially Secretary. (III) in the integrated natural and cultural re- more diverse set of nationally significant histor- (ii) DESCRIPTION OF LAND.—The land referred source management plan for the missile range. ical, archaeological, scientific, and natural re- to in clause (i) is— (III) DESCRIPTION OF LAND.—The land re- sources than were known of at the time the (I) the approximately 2,826 acres of land iden- ferred to in subclauses (I) and (II) is the land Monument was established, including a number tified as ‘‘To NPS, lands inside current bound- that is transferred to the administrative jurisdic- of recent discoveries; ary’’ on the Map; and tion of the Secretary of the Army under para- (E) the Monument is recognized as a major (II) the approximately 5,766 acres of land graph (1)(B) and located in the area east of unit of the National Park System with extraor- identified as ‘‘To NPS, new additions’’ on the Range Road 7 in— dinary values enjoyed by more visitors each Map. (aa) T. 17 S., R. 5 E., sec. 31; year since 1995 than any other unit in the State; (B) TRANSFER OF ADMINISTRATIVE JURISDIC- (bb) T. 18 S., R. 5 E.; and (F) the Monument contributes significantly to TION TO THE SECRETARY OF THE ARMY.— (cc) T. 19 S., R. 5 E., sec. 5. the local economy by attracting tourists; and (i) IN GENERAL.—Administrative jurisdiction (ii) FENCE.— (G) designation of the Monument as a na- over the land described in clause (ii) is trans- (I) IN GENERAL.—The Secretary of the Army tional park would increase public recognition of ferred from the Secretary to the Secretary of the shall continue to allow the Secretary to main- the diverse array of nationally significant re- Army. tain the fence shown on the Map until such sources at the Monument and visitation to the (ii) DESCRIPTION OF LAND.—The land referred time as the Secretary determines that the fence unit. to in clause (i) is the approximately 3,737 acres is unnecessary for the management of the Park. (2) ESTABLISHMENT OF WHITE SANDS NATIONAL of land identified as ‘‘To DOA’’ on the Map. (II) REMOVAL.—If the Secretary determines PARK.— (2) BOUNDARY MODIFICATIONS.— that the fence is unnecessary for the manage- (A) ESTABLISHMENT.—To protect, preserve, (A) PARK.— ment of the Park under subclause (I), the Sec- and restore its scenic, scientific, educational, (i) IN GENERAL.—The boundary of the Park is retary shall promptly remove the fence at the natural, geological, historical, cultural, archae- revised to reflect the boundary depicted on the expense of the Department of the Interior. ological, paleontological, hydrological, fish, Map. (D) RESEARCH.—The Secretary of the Army wildlife, and recreational values and to enhance (ii) MAP.— and the Secretary may enter into an agreement

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to allow the Secretary to conduct certain re- (II) ACCESS.—The Secretary shall give access SEC. 2837. AUTHORITY TO TRANSFER FUNDS FOR search in the area identified as ‘‘Cooperative to the Secretary of the Army to the land covered CONSTRUCTION OF INDIAN RIVER Use Research Area’’ on the Map. by a request under subclause (I) for the pur- BRIDGE. Notwithstanding the limitation in section 2215 (E) MILITARY MUNITIONS AND MUNITIONS DE- poses of conducting the 1 or more investigations of title 10, United States Code, the Secretary of BRIS.— under that subclause. Defense may transfer to the Administrator of (i) RESPONSE ACTION.—With respect to any (III) LIMITATION.—An investigation conducted the National Aeronautics and Space Adminis- Federal liability, the Secretary of the Army under this clause shall be subject to available tration up to 50 percent of the shared costs of shall remain responsible for any response action appropriations. constructing the Indian River Bridge. The au- addressing military munitions or munitions de- thority under this section shall expire on Octo- (iii) APPLICABLE LAW.—Any activities under- bris on the land transferred under paragraph ber 1, 2022. taken under this subparagraph shall be carried (1)(A) to the same extent as on the day before out in accordance with— TITLE XXIX—OVERSEAS CONTINGENCY the date of enactment of this Act. OPERATIONS MILITARY CONSTRUCTION (I) the Comprehensive Environmental Re- (ii) INVESTIGATION OF MILITARY MUNITIONS sponse, Compensation, and Liability Act of 1980 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND MUNITIONS DEBRIS.— AND LAND ACQUISITION PROJECTS. (42 U.S.C. 9601 et seq.); (I) IN GENERAL.—The Secretary may request The Secretary of the Army may acquire real that the Secretary of the Army conduct 1 or (II) the purposes for which the Park was es- property and carry out the military construction more investigations of military munitions or mu- tablished; and projects for the installation outside the United nitions debris on any land transferred under (III) any other applicable law. States, and in the amount, set forth in the fol- paragraph (1)(A). lowing table: Army: Outside the United States

Country Location Amount

Bulgaria ...... Nevo Selo FOS ...... $5,200,000 Poland ...... Drawsko Pomorski Training Area ...... $17,000,000 Powidz Air Base ...... $87,000,000 Zagan Training Area ...... $40,400,000 Romania ...... Mihail Kogalniceanu FOS ...... $21,651,000

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION projects for the installations outside the United AND LAND ACQUISITION PROJECTS. States, and in the amounts, set forth in the fol- The Secretary of the Navy may acquire real lowing table: property and carry out the military construction Navy: Outside the United States

Country Location Amount

Greece ...... Souda Bay ...... $47,850,000 Italy ...... Sigonella ...... $66,050,000 Spain ...... Rota ...... $21,590,000 United Kingdom ...... Lossiemouth ...... $79,130,000

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUC- struction projects for the installations outside TION AND LAND ACQUISITION the United States, and in the amounts, set forth PROJECTS. in the following table: The Secretary of the Air Force may acquire real property and carry out the military con- Air Force: Outside the United States

Country Location Amount

Germany ...... Ramstein Air Base ...... $119,000,000 Norway ...... Rygge ...... $13,800,000 Slovakia ...... Malacky ...... $59,000,000 United Kingdom ...... RAF Fairford ...... $106,000,000

SEC. 2904. AUTHORIZED DEFENSE AGENCIES projects for the installations outside the United CONSTRUCTION AND LAND ACQUISI- States, and in the amounts, set forth in the fol- TION PROJECTS. lowing table: The Secretary of Defense may acquire real property and carry out the military construction Defense Agencies: Outside the United States

Country Location Amount

Estonia ...... Unspecified ...... $15,700,000 Qatar ...... Al Udeid ...... $60,000,000

SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. tember 30, 2018, for the military construction Funds are hereby authorized to be appro- projects outside the United States authorized by priated for fiscal years beginning after Sep- this title as specified in the funding table in sec- tion 4601.

VerDate Sep 11 2014 07:21 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00158 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4169 DIVISION C—DEPARTMENT OF ENERGY (i) in the matter preceding paragraph (1), by tration Act is amended by striking the item re- NATIONAL SECURITY AUTHORIZATIONS striking ‘‘and activities’’ and inserting ‘‘, poli- lating to section 3219 and inserting the following AND OTHER AUTHORIZATIONS cies, regulations, and rules’’; and new item: TITLE XXXI—DEPARTMENT OF ENERGY (ii) in paragraph (9), by striking the end pe- ‘‘Sec. 3219. Scope of authority of Secretary of NATIONAL SECURITY PROGRAMS riod and inserting ‘‘, subject to the policies of Energy with respect to Adminis- the Department of Energy.’’; and tration.’’. Subtitle A—National Security Programs and (B) in subsection (d)— Authorizations (5) STATUS OF PERSONNEL.—Section 3220 of the (i) by striking ‘‘may’’ and inserting ‘‘shall’’; National Nuclear Security Administration Act SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- and (50 U.S.C. 2410) is amended— ISTRATION. (ii) by striking ‘‘, unless disapproved by the (A) in subsection (a)— (a) AUTHORIZATION OF APPROPRIATIONS.— Secretary of Energy’’ and inserting ‘‘to carry (i) in paragraph (1)— Funds are hereby authorized to be appropriated out the mission and functions of the Adminis- (I) by striking subparagraph (A); and to the Department of Energy for fiscal year 2019 tration, except as provided by section 3219’’. (II) by redesignating subparagraphs (B) and for the activities of the National Nuclear Secu- (2) GENERAL COUNSEL.—Section 3217 of the (C) as subparagraphs (A) and (B), respectively; rity Administration in carrying out programs as National Nuclear Security Administration Act and specified in the funding table in section 4701. (50 U.S.C. 2407) is amended— (ii) in paragraph (2), by striking the end pe- (b) AUTHORIZATION OF NEW PLANT (A) by striking ‘‘There is’’ and inserting the riod and inserting ‘‘, except as provided by sec- PROJECTS.—From funds referred to in subsection following: tion 3219.’’; and (a) that are available for carrying out plant ‘‘(a) IN GENERAL.—There is’’; (B) in subsection (b), by striking the end pe- projects, the Secretary of Energy may carry out (B) by striking the end period and inserting riod and inserting ‘‘and except as provided by new plant projects for the National Nuclear Se- ‘‘and shall report to the Administrator.’’; and section 3219.’’. curity Administration as follows: (C) by adding at the end the following new (6) OFFICE OF DEFENSE NUCLEAR SECURITY.— Project 19–D–670, 138kV Power Transmission subsection: Section 3232 of the National Nuclear Security System Replacement, Nevada National Security ‘‘(b) AVOIDANCE OF COORDINATION AND DUPLI- Administration Act (50 U.S.C. 2422) is amend- Site, Nevada, $6,000,000. CATION.—The General Counsel shall be inde- ed— Project 19–D–660, Lithium Production Capa- pendent from and may not duplicate the efforts (A) in subsection (a), by striking ‘‘Secretary of bility, Y–12 National Security Complex, Oak of the General Counsel of the Department of En- Energy’’ and all that follows and inserting ‘‘Ad- Ridge, Tennessee, $19,000,000. ergy appointed under section 202(e) of the De- ministrator.’’; and Project 19–D–930, KS Overhead Piping, Kessel- partment of Energy Organization Act (42 U.S.C. (B) in subsection (b)— ring Site, West Milton, New York, $10,994,000. 7132(e)).’’. (i) in paragraph (1), by striking ‘‘Secretary SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. (3) STAFF.—Section 3218 of the National Nu- and’’; and Funds are hereby authorized to be appro- clear Security Administration Act (50 U.S.C. (ii) in paragraph (2)— priated to the Department of Energy for fiscal 2408) is amended by adding at the end the fol- (I) by striking ‘‘Secretary’’ and inserting year 2019 for defense environmental cleanup ac- lowing new subsections: ‘‘Secretary of Energy’’; and tivities in carrying out programs as specified in ‘‘(c) REPORTING.—The staff of the Administra- (II) by striking ‘‘Department’’ and inserting the funding table in section 4701. tion shall report to the Administrator through ‘‘Department of Energy’’. SEC. 3103. OTHER DEFENSE ACTIVITIES. the appropriate structures of the Administra- (7) COUNTERINTELLIGENCE PROGRAMS.—Sec- Funds are hereby authorized to be appro- tion. tion 3233 of the National Nuclear Security Ad- priated to the Department of Energy for fiscal ‘‘(d) AVOIDANCE OF COORDINATION AND DUPLI- ministration Act (50 U.S.C. 2423) is amended— year 2019 for other defense activities in carrying CATION.—The staff of the Administration per- (A) in subsection (a), by inserting ‘‘, in coordi- out programs as specified in the funding table in forming functions specified in subsection (b) nation with the Administrator,’’ after ‘‘Sec- section 4701. shall be independent from and may not dupli- retary of Energy’’; and cate the efforts of staff of elements of the De- (B) in subsection (b), by inserting ‘‘, in coordi- SEC. 3104. NUCLEAR ENERGY. partment of Energy other than the Administra- nation with the Administrator,’’ after ‘‘Sec- Funds are hereby authorized to be appro- tion that perform functions similar to the func- retary of Energy’’. priated to the Department of Energy for fiscal tions specified in subsection (b). (8) AUTHORIZED PERSONNEL LEVELS.— year 2019 for nuclear energy as specified in the ‘‘(e) APPLICABILITY OF PROHIBITION ON DUAL (A) IN GENERAL.—Section 3241A of the Na- funding table in section 4701. OFFICE HOLDING.—The prohibition under sec- tional Nuclear Security Administration Act (50 Subtitle B—Program Authorizations, tion 3220(d) shall apply to staff of the Adminis- U.S.C. 2441a) is amended— Restrictions, and Limitations tration performing functions specified in sub- (i) in the section heading, by striking ‘‘AU- SEC. 3111. CLARIFICATION OF ROLES AND AU- section (b).’’. THORIZED’’ and inserting ‘‘ANNUAL REPORT ON’’; THORITIES OF NATIONAL NUCLEAR (4) AUTHORITY OF SECRETARY.— (ii) by amending subsection (a) to read as fol- SECURITY ADMINISTRATION. (A) IN GENERAL.—Section 3219 of the National lows: (a) AMENDMENTS TO DEPARTMENT OF ENERGY Nuclear Security Administration Act (50 U.S.C. ‘‘(a) IN GENERAL.—The Administrator shall ORGANIZATION ACT.— 2409) is amended— include in the budget justification materials (1) UNDER SECRETARY FOR NUCLEAR SECU- (i) in the section heading, by striking ‘‘TO submitted to Congress in support of the budget RITY.—Section 202(c)(3) of the Department of MODIFY ORGANIZATION OF’’ and inserting ‘‘WITH of the Administration for each fiscal year (as Energy Organization Act (42 U.S.C. 7132(c)(3)) RESPECT TO’’; submitted with the budget of the President is amended by striking ‘‘Act.’’ and all that fol- (ii) by striking ‘‘Notwithstanding’’ and insert- under section 1105(a) of title 31, United States lows through ‘‘may be delegated’’ and inserting ing the following: Code) a report containing the following infor- the following: ‘‘Act (50 U.S.C. 2402). In carrying ‘‘(a) IN GENERAL.—(1) The Secretary of En- mation as of the date of the report: out the functions of the Administrator, the ergy, acting through the Administrator, shall be ‘‘(1) The number of full-time equivalent em- Under Secretary shall be subject to the author- responsible for setting broad priorities for the ployees of the Office of the Administrator. ity of the Secretary in accordance with section Administration. ‘‘(2) The number of service support contracts 3219 of that Act (50 U.S.C. 2409). Such authority ‘‘(2) The Secretary may disapprove any ac- of the Administration and whether such con- may be delegated’’. tion, policy, regulation, or rule of the Adminis- tracts are funded using program or program di- (2) ESTABLISHMENT OF POLICY.—Section 213 of trator if— rection funds. the Department of Energy Organization Act (42 ‘‘(A) the Secretary submits to the congres- ‘‘(3) The number of full-time equivalent con- U.S.C. 7144) is amended— sional defense committees justification for such tractor employees working under each contract (A) in subsection (a), by inserting ‘‘, acting disapproval; and identified under paragraph (2). through the Under Secretary for Nuclear Secu- ‘‘(B) a period of 15 days has elapsed following ‘‘(4) The number of full-time equivalent con- rity,’’ after ‘‘The Secretary’’; the date on which such justification was sub- tractor employees described in paragraph (3) (B) in subsection (b)— mitted. that have been employed under such a contract (i) by striking ‘‘programs and activities of the ‘‘(3) Except as provided by this section, the for a period greater than two years. Administration’’ and inserting ‘‘regulations, Administrator shall have complete authority to ‘‘(5) With respect to each contract identified policies, and activities of the Administration establish and conduct oversight of policies, ac- under paragraph (2)— with respect to health and safety’’; and tivities, and procedures of the Administration ‘‘(A) the cost of the contract; and (ii) by striking ‘‘those programs and activi- without direction or oversight by the Secretary. ‘‘(B) identification of the program or program ties’’ and inserting ‘‘those regulations, policies, ‘‘(4) The authority of the Secretary under direction accounts that support the contract.’’; and activities’’; and paragraphs (1) and (2) may be delegated only to (iii) by striking subsection (c); (C) by striking subsection (c). the Deputy Secretary of Energy, without further (iv) by redesignating subsections (d) and (e) as (b) AMENDMENTS TO NATIONAL NUCLEAR SECU- redelegation. subsections (c) and (d), respectively; and RITY ADMINISTRATION ACT.— ‘‘(b) ORGANIZATION OF ADMINISTRATION.— (v) by striking subsection (f). (1) ADMINISTRATOR FOR NUCLEAR SECURITY.— Notwithstanding’’; and (B) CLERICAL AMENDMENT.—The table of con- Section 3212 of the National Nuclear Security (iii) in subsection (b), as designated by clause tents for the National Nuclear Security Adminis- Administration Act (50 U.S.C. 2402) is amend- (ii), by striking ‘‘subsection (b) or (c) of’’. tration Act is amended by striking the item re- ed— (B) CLERICAL AMENDMENT.—The table of con- lating to section 3241A and inserting the fol- (A) in subsection (b)— tents for the National Nuclear Security Adminis- lowing new item:

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‘‘Sec. 3241A. Annual report on personnel levels (6) NUCLEAR TEST BAN READINESS PROGRAM.— (A) by striking ‘‘Secretary of Energy, acting of the Office of the Adminis- Section 4207 of the Atomic Energy Defense Act through the Administrator and’’ and inserting trator.’’. (50 U.S.C. 2527) is amended, in subsections (a) ‘‘Administrator,’’; and (9) COMPLIANCE WITH FEDERAL ACQUISITION and (c), by striking ‘‘Secretary of Energy’’ and (B) by striking ‘‘Secretary of Defense’’ and in- REGULATION.—Section 3262 of the National Nu- inserting ‘‘Administrator’’. serting ‘‘Nuclear Weapons Council’’. clear Security Administration Act (50 U.S.C. (7) REQUIREMENTS FOR SPECIFIC REQUEST FOR (13) TRITIUM PRODUCTION PROGRAM.—Section 2462) is amended— NEW OR MODIFIED NUCLEAR WEAPONS.—Section 4231 of the Atomic Energy Defense Act (50 (A) by striking ‘‘The Administrator’’ and in- 4209 of the Atomic Energy Defense Act (50 U.S.C. 2541) is amended— serting the following: U.S.C. 2529) is amended— (A) in subsection (a), by striking ‘‘Secretary of ‘‘(a) IN GENERAL.—The Administrator’’; (A) in subsection (a)(1)— Energy’’ and inserting ‘‘Administrator’’; and (B) by inserting ‘‘specific to the Administra- (i) by striking ‘‘Secretary of Energy’’ and in- (B) in subsections (b) and (c), by striking tion’’ after ‘‘procedures’’; and serting ‘‘Administrator’’; ‘‘Secretary’’ and inserting ‘‘Administrator’’. (C) by adding at the end the following new (ii) by striking ‘‘Secretary’’ and inserting (14) MODERNIZATION AND CONSOLIDATION OF subsection: ‘‘Administrator’’; and TRITIUM RECYCLING FACILITIES.—Section 4234 of ‘‘(b) REQUIREMENT FOR PROCEDURES.—The (iii) by striking ‘‘in the budget’’ and all that the Atomic Energy Defense Act (50 U.S.C. 2544) procedures established under subsection (a) follows and inserting ‘‘in the budget justifica- is amended, in the matter preceding paragraph shall be separate from procedures applied to ele- tion materials submitted to Congress in support (1), by striking ‘‘Secretary of Energy’’ and in- ments of the Department of Energy other than of the Department of Energy budget for that fis- serting ‘‘Administrator’’. the Administration.’’. cal year (as submitted with the budget of the (15) PROCEDURES FOR MEETING TRITIUM PRO- (10) DEFINITIONS.—Section 3281(2)(A) of the President under section 1105(a) of title 31, DUCTION REQUIREMENTS.—Section 4235 of the National Nuclear Security Administration Act United States Code).’’; Atomic Energy Defense Act (50 U.S.C. 2545) is (50 U.S.C. 2471(2)(A)) is amended by striking (B) in subsection (b), by striking ‘‘The Sec- amended— ‘‘Plant’’ and inserting ‘‘National Security Cam- retary shall include in a request for funds under (A) in subsection (a), by striking ‘‘Secretary of pus’’. subsection (a)’’ and inserting ‘‘A request for Energy’’ and inserting ‘‘Administrator’’; (c) AMENDMENTS TO ATOMIC ENERGY DEFENSE funds under subsection (a) shall include’’; and (B) in subsection (b), by striking ‘‘Secretary’’ ACT.— (C) in subsection (c), by striking ‘‘Secretary’’ and inserting ‘‘Administrator’’; and (1) DEFINITIONS.—Section 4002(9)(A) of the and inserting ‘‘Secretary of Energy’’. (C) by striking subsection (c). ERTIFICATION OF STATUS OF SECURITY OF Atomic Energy Defense Act (50 U.S.C. (8) MANUFACTURING INFRASTRUCTURE FOR NU- (16) C FACILITIES 2501(9)(A)) is amended striking ‘‘Plant’’ and in- CLEAR WEAPONS STOCKPILE.—Section 4212 of the .—Section 4506 of the Atomic Energy serting ‘‘National Security Campus’’. Atomic Energy Defense Act (50 U.S.C. 2532) is Defense Act (50 U.S.C. 2657) is amended— (2) STOCKPILE STEWARDSHIP PROGRAM.—Sec- amended— (A) in subsection (a)— tion 4201(a) of the Atomic Energy Defense Act (A) in subsection (a)(1), in the matter pre- (i) in paragraph (1)— (I) in the matter preceding subparagraph (50 U.S.C. 2521(a)) is amended by striking ‘‘The ceding subparagraph (A)— (A)— Secretary, acting through the Administrator,’’ (i) by striking ‘‘Secretary of Energy’’ and in- (aa) by striking ‘‘September 30’’ and inserting and inserting ‘‘The Administrator’’. serting ‘‘Administrator’’; and ‘‘December 31’’; and (3) STOCKPILE STEWARDSHIP CRITERIA.—Sec- (ii) by inserting ‘‘most recent’’ before ‘‘Nu- (bb) by striking ‘‘Secretary of Energy’’ and in- tion 4202 of the Atomic Energy Defense Act (50 clear Posture Review’’; and serting ‘‘congressional defense committees’’; and U.S.C. 2522) is amended— (B) in subsection (b)— (II) in subparagraph (B), by striking ‘‘and the (A) in subsection (a)— (i) in paragraph (2), by striking ‘‘Plant’’ and Department of Energy’’; (i) by striking ‘‘Secretary of Energy’’ and in- inserting ‘‘National Security Complex’’; and (ii) in paragraph (2), by striking ‘‘to the Sec- serting ‘‘Administrator’’; and (ii) in paragraph (4), by striking ‘‘Plant’’ and (ii) by striking ‘‘Department of Energy’’ and retary’’; and inserting ‘‘National Security Campus’’. (iii) by striking paragraph (3); and inserting ‘‘Administration’’; and (9) REPORTS ON LIFE EXTENSION PROGRAMS.— (B) in subsection (b)— (B) in subsection (b)(1), in the matter pre- (A) IN GENERAL.—Section 4216 of the Atomic (i) in the subsection heading, by striking ceding subparagraph (A), by striking ‘‘December Energy Defense Act (50 U.S.C. 2536) is amend- 1 of each even-numbered year, the Secretary’’ ‘‘SECRETARY’’ and inserting ‘‘DEPARTMENT’’; ed— (ii) by striking ‘‘Secretary of Energy’’ and in- and inserting ‘‘December 31 of each even-num- (i) in the section heading, by striking ‘‘LIFE- serting ‘‘Administrator’’; and bered year, the Secretary of Energy’’. ’’ and inserting ‘‘ ’’; and (iii) by striking ‘‘Secretary of Defense’’ and TIME LIFE (17) CERTIFICATES OF COMMENDATION FOR EX- (ii) by striking ‘‘lifetime’’ each place it ap- inserting ‘‘Chairman of the Nuclear Weapons EMPLARY SERVICE.— pears and inserting ‘‘life’’. Council’’. (A) IN GENERAL.—Section 4605 of the Atomic (B) CLERICAL AMENDMENT.—The table of con- (4) STOCKPILE STEWARDSHIP, MANAGEMENT, Energy Defense Act (50 U.S.C. 2705) is amend- tents for the Atomic Energy Defense Act is AND RESPONSIVENESS PLAN.—Section 4203 of the ed— amended by striking the item relating to section Atomic Energy Defense Act (50 U.S.C. 2523) is (i) in the section heading, by striking ‘‘DE- 4216 and inserting the following new item: amended— PARTMENT OF ENERGY’’ and inserting ‘‘ADMINIS- (A) in subsection (d)(4)(A)(ii), by striking ‘‘Sec. 4216. Reports on life extension pro- TRATION’’; ‘‘quadrennial defense review if such strategy grams.’’. (ii) in subsection (a)— has not been submitted as of the date of the (10) SELECTED ACQUISITION REPORTS.—Section (I) by striking ‘‘Department of Energy’’ and plan’’ and inserting ‘‘national defense strat- 4217 of the Atomic Energy Defense Act (50 inserting ‘‘Administration’’; egy’’; U.S.C. 2537) is amended— (II) by striking ‘‘a Department’’ and inserting (B) in subsection (e)(1)(A)(i), by striking ‘‘or (A) in subsection (a)(1), by striking ‘‘the Sec- ‘‘an Administration’’; and the most recent quadrennial defense review, as retary of Energy, acting through the Adminis- (III) by striking ‘‘the Department’’ each place applicable under subsection (d)(4)(A), and the’’ trator,’’ and inserting ‘‘the Administrator’’; and it appears and inserting ‘‘the Administration’’; and inserting ‘‘, the national defense strategy, (B) in subsection (b)— and and the most recent’’; and (i) in paragraph (1), in the matter preceding (iii) in subsection (c)— (C) in subsection (f)— subparagraph (A), by striking ‘‘Secretary of En- (I) in the subsection heading, by striking ‘‘DE- (i) by striking paragraph (4); ergy, acting through the Administrator,’’ and PARTMENT OF ENERGY’’ and inserting ‘‘ADMINIS- (ii) by redesignating paragraph (3) as para- inserting ‘‘Administrator’’; and TRATION’’; and graph (4); and (ii) in paragraph (2)(B), by striking ‘‘the Sec- (II) by striking ‘‘Department of Energy’’ each (iii) by inserting after paragraph (2) the fol- retary or’’. place it appears and inserting ‘‘Administra- lowing new paragraph (3): (11) ADVICE ON SAFETY, SECURITY, AND RELI- tion’’. ‘‘(3) The term ‘national defense strategy’ ABILITY OF NUCLEAR WEAPONS STOCKPILE.—Sec- (B) CLERICAL AMENDMENT.—The table of con- means the review of the defense programs and tion 4218 of the Atomic Energy Defense Act (50 tents for the Atomic Energy Defense Act is policies of the United States that is carried out U.S.C. 2538) is amended— amended by striking the item relating to section every four years under section 113(g) of title 10, (A) in subsection (d), by striking ‘‘or the Com- 4605 and inserting the following: United States Code.’’. mander of the United States Strategic Com- ‘‘Sec. 4605. Authority to provide certificate of (5) STOCKPILE MANAGEMENT PROGRAM.—Sec- mand’’; and commendation to Administration tion 4204 of the Atomic Energy Defense Act (50 (B) in subsection (e)— and contractor employees for ex- U.S.C. 2524) is amended— (i) by striking ‘‘, a member of the Nuclear emplary service in stockpile stew- (A) in subsection (a), in the matter preceding Weapons Council, or the Commander of the ardship and security.’’. paragraph (1), by striking ‘‘Secretary of Energy, United States Strategic Command’’ and insert- (18) EXECUTIVE MANAGEMENT TRAINING.—Sec- acting through the Administrator and in con- ing ‘‘or a member of the Nuclear Weapons Coun- tion 4621 of the Atomic Energy Defense Act (50 sultation with the Secretary of Defense’’ and in- cil’’; and U.S.C. 2721) is amended— serting ‘‘Administrator, in consultation with the (ii) by striking ‘‘member, or Commander’’ and (A) in subsection (a)— Nuclear Weapons Council’’; and inserting ‘‘or member’’. (i) by inserting ‘‘and the Administrator’’ after (B) in subsection (b), in the matter preceding (12) STOCKPILE RESPONSIVENESS PLAN.—Sec- ‘‘Secretary of Energy’’; and paragraph (1), by striking ‘‘Secretary of En- tion 4220(b) of the Atomic Energy Defense Act (ii) by inserting ‘‘and the Administration’’ ergy’’ and inserting ‘‘Administrator’’. (50 U.S.C. 2538b(b)) is amended— after ‘‘Department of Energy’’; and

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00160 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4171 (B) in subsection (b)(1), by inserting ‘‘and Ad- (ii) by striking ‘‘such laboratories’’ and insert- the Administration, the headquarters and field ministration’’ after ‘‘Department of Energy’’. ing ‘‘government-owned, contractor-operated offices of the Administration, and the manage- (19) STOCKPILE STEWARDSHIP RECRUITMENT laboratories funded out of funds available to the ment and operating contractors of the Adminis- AND TRAINING PROGRAM.—Section 4622 of the Department of Energy’’; and tration; and Atomic Energy Defense Act (50 U.S.C. 2722) is (iii) by adding at the end the following new ‘‘(E) establish requirements for employees of amended— paragraph: the Administration who are in the permanent (A) in subsection (a), by striking ‘‘Secretary of ‘‘(2) The Administrator shall prescribe regula- alternative personnel system described in sub- Energy’’ and inserting ‘‘Administrator’’; and tions for the conduct of laboratory-directed re- section (a) to be promoted to senior-level posi- (B) in subsection (c), by striking ‘‘Secretary’’ search and development at government-owned, tions in the Administration, including require- and inserting ‘‘Administrator’’. contractor-operated laboratories funded out of ments with respect to— (20) FELLOWSHIP PROGRAM.—Section 4623 of funds available to the Administration.’’; and ‘‘(i) professional training and continuing edu- the Atomic Energy Defense Act (50 U.S.C. 2723) (C) in subsection (c)— cation; and is amended— (i) by inserting ‘‘or the Administration’’ after ‘‘(ii) a certain number and types of rotational (A) in subsection (a)— ‘‘Department of Energy’’; and assignments under subparagraph (D), as deter- (i) by striking ‘‘Secretary of Energy’’ and in- (ii) by inserting ‘‘or the Administrator, as ap- mined by the Administrator. serting ‘‘Administrator’’; and plicable,’’ after ‘‘Secretary’’. ‘‘(c) APPLICATION TO NAVAL NUCLEAR PRO- (ii) by striking ‘‘Secretary’’ and inserting (27) REPORT ON USE OF FUNDS FOR RESEARCH PULSION PROGRAM.—The Director of the Naval ‘‘Administrator’’; AND DEVELOPMENT.—Section 4812A of the Atom- Nuclear Propulsion Program established pursu- (B) in subsection (b)(1), by striking ‘‘Depart- ic Energy Defense Act (50 U.S.C. 2793) is amend- ant to section 4101 of the Atomic Energy Defense ment of Energy’’ and inserting ‘‘Administra- ed— Act (50 U.S.C. 2511) and section 3216 of this Act tion’’; (A) in subsection (a)— may, with the concurrence of the Secretary of (C) in subsections (c) and (d), by striking (i) in the subsection heading, by striking ‘‘RE- the Navy, apply the alternative personnel sys- ‘‘Secretary’’ and inserting ‘‘Administrator’’; QUIRED’’ and inserting ‘‘OF SECRETARY OF EN- tem under subsection (a) to— (D) in subsection (e), by striking ‘‘Secretary’’ ERGY’’; and ‘‘(1) all employees of the Naval Nuclear Pro- and all that follows through ‘‘Defense Pro- (ii) in the second sentence, by striking ‘‘na- pulsion Program in the competitive service (as grams,’’ and inserting ‘‘Administrator shall’’; tional security mission of the Department of En- defined in section 2102 of title 5, United States and ergy’’ and inserting ‘‘defense environmental Code); and (E) in subsection (f)— cleanup and other defense missions of the De- ‘‘(2) all employees of the Department of Navy (i) in paragraph (1), by striking ‘‘Secretary’’ partment of Energy (other than the national se- who are assigned to the Naval Nuclear Propul- and inserting ‘‘Administrator’’; and curity mission of the Administration)’’; sion Program and are in the excepted service (as (ii) in paragraph (2), by striking ‘‘Secretary of (B) by redesignating subsections (b) and (c) as defined in section 2103 of title 5, United States Energy’’ and inserting ‘‘Administrator’’. subsections (c) and (d), respectively; and Code) (other than such employees in statutory (21) TRANSFER OF WEAPONS ACTIVITIES (C) by inserting after subsection (a) the fol- excepted service systems).’’. RIEFING FUNDS.—Section 4711 of the Atomic Energy De- lowing new subsection (b): (b) B .— fense Act (50 U.S.C. 2751) is amended— ‘‘(b) REPORT OF ADMINISTRATOR.—The Ad- (1) IN GENERAL.—Not later than 180 days after (A) in subsection (a)— ministrator shall submit to the congressional de- the date of the enactment of this Act, the Ad- (i) by striking ‘‘Secretary of Energy’’ and in- fense committees, with the report of the Sec- ministrator for Nuclear Security shall provide a serting ‘‘Administrator’’; and retary required by subsection (a), a report on briefing to the appropriate congressional com- (ii) by striking ‘‘Department of Energy’’ and the funds expended during the preceding fiscal mittees on the implementation of section 3248 of inserting ‘‘Administration’’; year on activities under the laboratory-directed the National Nuclear Security Administration (B) in subsection (d), by striking ‘‘Secretary, research and development program of the Ad- Act, as added by subsection (a). (2) APPROPRIATE CONGRESSIONAL COMMITTEES acting through the Administrator,’’ and insert- ministration. The purpose of the report is to per- DEFINED.—In this subsection, the term ‘‘appro- ing ‘‘Administrator’’; and mit an assessment of the extent to which such priate congressional committees’’ means— (C) in subsection (e)(1)— activities support the national security mission of the Administration.’’. (A) the congressional defense committees; (i) by striking ‘‘Department of Energy’’ and (B) the Committee on Energy and Natural Re- inserting ‘‘Administration’’; and SEC. 3112. NATIONAL NUCLEAR SECURITY ADMIN- sources of the Senate and the Committee on En- ISTRATION PERSONNEL SYSTEM. (ii) by striking ‘‘Department’’ and inserting ergy and Commerce of the House of Representa- ‘‘Administration’’. (a) IN GENERAL.—Subtitle C of the National tives; and (22) NOTIFICATION OF COST OVERRUNS.—Sec- Nuclear Security Administration Act (50 U.S.C. (C) the Committee on Homeland Security and tion 4713(c)(2)(B) of the Atomic Energy Defense 2441 et seq.) is amended by adding at the end Governmental Affairs of the Senate and the Act (50 U.S.C. 2753(c)(2)(B)) is amended by in- the following new section: Committee on Oversight and Government Re- serting ‘‘or the Administration’’ after ‘‘Depart- ‘‘SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM. form of the House of Representatives. ment of Energy’’. ‘‘(a) IN GENERAL.—The Administrator may (c) CONFORMING AMENDMENTS.—Section 3116 (23) LIFE-CYCLE COST ESTIMATES.—Section adapt the pay banding and performance-based of the National Defense Authorization Act for 4714(a) of the Atomic Energy Defense Act (50 pay adjustment demonstration project carried Fiscal Year 2018 (Public Law 115–91) is amend- U.S.C. 2754(a)) is amended— out by the Administration under the authority ed— (A) by striking ‘‘413.3’’ and inserting provided by section 4703 of title 5, United States (1) by striking subsection (a); ‘‘413.3B’’; and Code, into a permanent alternative personnel (2) by redesignating subsections (b), (c), and (B) by inserting ‘‘, or a successor order,’’ after system for the Administration (to be known as (d) as subsections (a), (b), and (c), respectively; ‘‘assets)’’. the ‘National Nuclear Security Administration and (24) UNFUNDED PRIORITIES.— Personnel System’) and implement that system (3) in paragraph (1) of subsection (c), as so re- (A) IN GENERAL.—Section 4716 of the Atomic with respect to employees of the Administration. designated— Energy Defense Act (50 U.S.C. 2756) is amended ‘‘(b) MODIFICATIONS.—In adapting the dem- (A) in subparagraph (A), by striking ‘‘imple- in the section heading by striking ‘‘NATIONAL onstration project described in subsection (a) mentation of’’ and all that follows through NUCLEAR SECURITY ADMINISTRATION’’ and in- into a permanent alternative personnel system, ‘‘subsection (b)’’ and inserting ‘‘implementation serting ‘‘ADMINISTRATION’’. the Administrator— of subsection (a)’’; and (B) CLERICAL AMENDMENT.—The table of con- ‘‘(1) may, subject to paragraph (2), revise the (B) in subparagraph (B), by striking ‘‘sub- tents for the Atomic Energy Defense Act is requirements and limitations of the demonstra- section (c)’’ and inserting ‘‘subsection (b)’’. amended by striking the item relating to section tion project to the extent necessary; and (d) CLERICAL AMENDMENT.—The table of con- 4716 and inserting the following new item: ‘‘(2) shall— tents for the National Nuclear Security Adminis- ‘‘Sec. 4716. Unfunded priorities of the Adminis- ‘‘(A) ensure that the permanent alternative tration Act is amended by inserting after the tration.’’. personnel system is carried out in a manner con- item relating to section 3247 the following new (25) REVIEWS OF CAPITAL ASSETS ACQUISITION sistent with the final plan for the demonstration item: PROJECTS.—Section 4733(d)(3)(B) of the Atomic project published in the Federal Register on De- ‘‘Sec. 3248. Alternative personnel system.’’. Energy Defense Act (50 U.S.C. 2773(d)(3)(B)) is cember 21, 2007 (72 Fed. Reg. 72776); SEC. 3113. AMENDMENTS TO THE ATOMIC EN- amended by striking ‘‘413.3’’ and inserting ‘‘(B) ensure that significant changes in the ERGY ACT OF 1954. ‘‘413.3B’’. system not take effect until revisions to the plan (a) CONSULTATIONS.—Section 57 b.(2) of the (26) LABORATORY-DIRECTED RESEARCH AND DE- for the demonstration project are approved by Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) VELOPMENT PROGRAMS.—Section 4811 of the the Office of Personnel Management and pub- is amended by inserting after ‘‘the Department Atomic Energy Defense Act (50 U.S.C. 2791) is lished in the Federal Register; of Defense.’’ the following: ‘‘The Department of amended— ‘‘(C) ensure that procedural modifications or State, the Nuclear Regulatory Commission, the (A) in subsection (a), by inserting ‘‘or the Ad- clarifications to the final plan for the dem- Department of Commerce, and the Department ministration’’ after ‘‘Department of Energy’’; onstration project be made through local notifi- of Defense shall submit to the Secretary of En- (B) in subsection (b)— cation processes; ergy their comments on the determination of the (i) by striking ‘‘The Secretary’’ and inserting ‘‘(D) authorize, and establish incentives for, Secretary under the previous sentence and any ‘‘(1) Except as provided by paragraph (2), the employees of the Administration to have rota- information and analysis needed to support Secretary’’; tional assignments among different programs of their positions.’’.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00161 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4172 CONGRESSIONAL RECORD — SENATE June 19, 2018

(b) DELEGATION OF FUNCTIONS.—Section 161 of ground reviews required by section 4502(a) of SEC. 3116. EXTENSION OF AUTHORITY FOR AC- the Atomic Energy Act of 1954 (42 U.S.C. 2201) the Atomic Energy Defense Act (50 U.S.C. CEPTANCE OF CONTRIBUTIONS FOR is amended by striking subsection n. and insert- 2652(a)) within the Department of Energy. ACCELERATION OF REMOVAL OR SE- ing the following new subsection n.: CURITY OF FISSILE MATERIALS, RA- (b) REQUIREMENTS.—Under the pilot program DIOLOGICAL MATERIALS, AND RE- ‘‘n. delegate to the General Manager or other established under subsection (a), the Secretary LATED EQUIPMENT AT VULNERABLE officers of the Commission— may admit an individual described in section SITES WORLDWIDE. ‘‘(1) the functions assigned to the Commission 4502(a) of the Atomic Energy Defense Act (50 Section 3132(f)(7) of the Ronald W. Reagan under section 57 b. on a case-by-case basis con- U.S.C. 2652(a)) to a facility of a national secu- National Defense Authorization Act for Fiscal sistent with the national security interests of rity laboratory described in that section if, in Year 2005 (50 U.S.C. 2569(f)(7)) is amended by the United States; and addition to the conduct of a background review striking ‘‘December 31, 2018’’ and inserting ‘‘De- ‘‘(2) any of the other functions assigned to the under subsection (a) with respect to that indi- cember 31, 2023’’. Commission under this Act except those speci- vidual— SEC. 3117. MODIFICATION OF LIMITATION ON DE- fied in section 51, 61, 108, 123, 145 b. (with re- (1) the Secretary determines that the admis- VELOPMENT OF LOW-YIELD NU- spect to the determination of those persons to sion of that individual to that facility is in the CLEAR WEAPONS. whom the Commission may reveal Restricted national interest and will further science, tech- (a) FINDINGS.—Congress makes the following Data in the national interest), 145 f., or 161 a.;’’. nology, and engineering capabilities in support findings: (c) CIVIL PENALTIES.—Section 234 a. of the of the mission of the Department of Energy; and (1) The global posture of strategic nuclear Atomic Energy Act (42 U.S.C. 2282(a)) is amend- (2) a security plan is developed and imple- forces has changed dramatically during the 10 ed— mented to mitigate the risks associated with the years preceding the date of the enactment of (1) by striking ‘‘57,’’; and admission of that individual to that facility. this Act. (2) by striking ‘‘or (2)’’ and inserting ‘‘(2) vio- (c) ROLES OF SECRETARY AND DIRECTOR OF (2) The Government of the Russian Federa- lates any provision of section 57, or (3)’’. NATIONAL INTELLIGENCE AND DIRECTOR OF FED- tion— (d) REPORT.—Section 3136(e)(2) of the Na- ERAL BUREAU OF INVESTIGATION.— (A) is violating the Treaty between the United tional Defense Authorization Act for Fiscal (1) ROLE OF SECRETARY.—Under the pilot pro- States of America and the Union of Soviet So- Year 2016 (42 U.S.C. 2077a(e)(2)) is amended— cialist Republics on the Elimination of their In- (1) in subparagraph (C), by striking ‘‘; and’’ gram under subsection (a), the Secretary shall conduct background reviews for all individuals termediate-Range and Shorter-Range Missiles, and inserting a semicolon; signed at Washington December 8, 1987, and en- (2) by redesignating subparagraph (D) as sub- described in section 4502(a) of the Atomic En- ergy Defense Act (50 U.S.C. 2652(a)) seeking ad- tered into force June 1, 1988 (commonly known paragraph (E); as the ‘‘INF Treaty’’); (3) by inserting after subparagraph (C) the mission to facilities of national security labora- tories described in that section. Such reviews by (B) is expanding its nuclear delivery systems following new subparagraph (D): beyond the limitations provided for under the ‘‘(D) any delegation of the functions under the Secretary shall be conducted independent of Treaty between the United States of America such section 57 b. made under section 161 n.(1) and in addition to background reviews con- and the Russian Federation on Measures for the of that Act, including to whom such functions ducted by the Director of National Intelligence Further Reduction and Limitation of Strategic were delegated;’’; and the Director of the Federal Bureau of In- Offensive Arms, signed on April 8, 2010, and en- (4) in subparagraph (E), as redesignated by vestigation under that section. tered into force on February 5, 2011 (commonly paragraph (2), by striking the period at the end (2) ROLES OF DIRECTOR OF NATIONAL INTEL- known as the ‘‘New START Treaty’’); and and inserting ‘‘; and’’; and LIGENCE AND DIRECTOR OF FEDERAL BUREAU OF (C) has considerable numerical advantages (5) by adding at the end the following new INVESTIGATION.—Notwithstanding paragraph over the United States in tactical nuclear weap- subparagraph: (1), during the period during which the pilot ons. ‘‘(F)(i) an explanation and justification of program established under subsection (a) is (3) Congress concurs with the findings of the any determination under paragraph (2) of such being carried out, the Director of National Intel- 2018 Nuclear Posture Review. section 57 b. that an authorization to transfer ligence and the Director of the Federal Bureau (4) United States nuclear forces must adjust to United States civil nuclear technology to a for- of Investigation shall retain primary responsi- new strategic realities. eign country is not in the interest of the United bility for the conduct of all background reviews (b) MODIFICATION OF LIMITATION.—Section States, and any conditions placed on such an required by section 4502(a) of the Atomic Energy 3116(c) of the National Defense Authorization authorization, including any such determina- Defense Act (50 U.S.C. 2652(a)). Act for Fiscal Year 2004 (Public Law 108–136; tion or conditions resulting from coordination (d) TERMINATION.—The pilot program estab- 117 Stat. 1746; 50 U.S.C. 2529 note) is amended with the Department of State, the Nuclear Reg- lished under subsection (a) shall terminate on by striking ‘‘specifically authorized by Con- ulatory Commission, the Department of Com- the date that is two years after the date of the gress’’ and inserting ‘‘the Secretary specifically merce, and the Department of Defense; and enactment of this Act. requests funding for the development of that ‘‘(ii) an explanation and justification of any (e) REPORT REQUIRED.—Not later than 90 weapon pursuant to section 4209(a) of the Atom- extensions of the deadlines established under days after the date on which the pilot program ic Energy Defense Act (50 U.S.C. 2529(a))’’. the procedures required by section 57 b.’’. established under subsection (a) terminates (e) SENSE OF CONGRESS.—It is the sense of under subsection (d), the Secretary of Energy, SEC. 3118. PROHIBITION ON USE OF FUNDS FOR Congress that the Secretary of Energy has the TERMINATING ACTIVITIES AT MOX in consultation with the Director of National FACILITY. authority to impose civil penalties for violations Intelligence and the Director of the Federal Bu- (a) IN GENERAL.—None of the funds author- of section 57 b.(2) of the Atomic Energy Act of reau of Investigation, shall submit to the appro- ized to be appropriated or otherwise made avail- 1954 (42 U.S.C. 2077(b)(2)), any rule, regulation, priate congressional committees a report on the able for the Department of Energy by this Act or or order issued under that section, or any term, conduct of background reviews under the pilot any other Act for any fiscal year before fiscal condition, or limitation of any license or certifi- program that includes— year 2020 may be obligated or expended— cation issued under that section. (1) a comparison of the effectiveness of and (1) to terminate construction and project sup- (f) REGULATIONS.—Not later than one year timelines required for background reviews con- port activities at the MOX facility; or after the date of the enactment of this Act, the ducted by the Secretary under the pilot program (2) to convert the MOX facility to be used for Secretary of Energy shall— and background reviews conducted by the Di- any purpose other than its original mission. (1) revise the regulations of the Department of rector of National Intelligence and the Director (b) DEFINITIONS.—In this section, the terms Energy to reflect the authority of the Secretary of the Federal Bureau of Investigation under ‘‘MOX facility’’ and ‘‘project support activities’’ to impose civil penalties for the violations de- section 4502(a) of the Atomic Energy Defense have the meanings given those terms in section scribed in subsection (e); or Act (50 U.S.C. 2652(a)); and 3121(c) of the National Defense Authorization (2) submit to Congress a report describing— (2) the number of such reviews conducted for Act for Fiscal Year 2018 (Public Law 115–91). (A) why the Secretary cannot make such revi- individuals who are citizens or agents of each Subtitle C—Plans and Reports sions; and country on the sensitive countries list referred to (B) what additional amendments to law would in that section. SEC. 3121. MODIFICATIONS TO COST-BENEFIT be required to enable the Secretary to do so. ANALYSES FOR COMPETITION OF (f) DEFINITIONS.—In this section: MANAGEMENT AND OPERATING CON- SEC. 3114. EXTENSION OF ENHANCED PROCURE- (1) APPROPRIATE CONGRESSIONAL COMMIT- TRACTS. MENT AUTHORITY TO MANAGE SUP- TEES.—The term ‘‘appropriate congressional PLY CHAIN RISK. Section 3121 of the National Defense Author- committees’’ means— Section 4806(g)(3) of the Atomic Energy De- ization Act for Fiscal Year 2013 (Public Law fense Act (50 U.S.C. 2786(g)(3)) is amended by (A) the Committee on Armed Services and the 112–239; 126 Stat. 2175), as most recently amend- striking ‘‘four’’ and inserting ‘‘10’’. Select Committee on Intelligence of the Senate; ed by section 3135 of the National Defense Au- and thorization Act for Fiscal Year 2016 (Public Law SEC. 3115. PILOT PROGRAM ON CONDUCT BY DE- PARTMENT OF ENERGY OF BACK- (B) the Committee on Armed Services and the 114–92; 129 Stat. 1207), is further amended— GROUND REVIEWS FOR ACCESS BY Permanent Select Committee on Intelligence of (1) by amending subsection (a) to read as fol- CERTAIN INDIVIDUALS TO NA- the House of Representatives. lows: TIONAL SECURITY LABORATORIES. (2) NATIONAL SECURITY LABORATORY.—The ‘‘(a) REPORTS REQUIRED.—If the Adminis- (a) IN GENERAL.—The Secretary of Energy term ‘‘national security laboratory’’ has the trator for Nuclear Security awards a new con- shall establish a pilot program to assess the fea- meaning given that term in section 4002 of the tract to manage and operate a facility of the sibility and advisability of conducting back- Atomic Energy Defense Act (50 U.S.C. 2501). National Nuclear Security Administration, the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00162 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4173 Administrator shall submit to the congressional sociated with implementation of the survey de- dent by and with the advice and consent of the defense committees a report described in sub- scribed in that subsection, including— Senate. The Administrator shall report directly section (b) with respect to the contract by not (1) the costs of designing the survey; to the Secretary of Transportation and carry later than 30 days after the completion of the (2) the time required for and the costs of ad- out the duties prescribed by the Secretary. period required to transition to the contract.’’; ministering the survey and analyzing the data ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The (2) in subsection (b)(3), by inserting ‘‘, the from the survey; Maritime Administration shall have a Deputy costs of the transition to the contract from the (3) the periodicity of administering the survey Maritime Administrator, who is appointed in the previous contract,’’ after ‘‘conducting the com- to ascertain trends; and competitive service by the Secretary, after con- petition’’; and (4) any other matters the Administrator con- sultation with the Administrator. The Deputy (3) in subsection (d)— siders appropriate. Administrator shall carry out the duties pre- (A) by amending paragraph (2) to read as fol- (c) DEFINITIONS.—In this section, the terms scribed by the Administrator. The Deputy Ad- lows: ‘‘national security laboratory’’ and ‘‘nuclear ministrator shall be Acting Administrator during ‘‘(2) COMPREHENSIVE REVIEW.— weapons production facility’’ have the meanings the absence or disability of the Administrator ‘‘(A) DETERMINATION.—Except as provided in given those terms in section 4002 of the Atomic and, unless the Secretary designates another in- paragraph (3), the Comptroller General shall de- Energy Defense Act (50 U.S.C. 2501). dividual, during a vacancy in the office of Ad- termine, in consultation with the congressional SEC. 3124. ELIMINATION OF CERTAIN REPORTS. ministrator. defense committees, whether to conduct a com- ‘‘(d) DUTIES AND POWERS VESTED IN SEC- (a) REPORT OF OWNER’S AGENT ON HANFORD prehensive review of a report required by sub- RETARY.—All duties and powers of the Maritime WASTE TREATMENT AND IMMOBILIZATION PLANT section (a). Administration are vested in the Secretary. CONTRACT.—Section 4446 of the Atomic Energy ‘‘(B) SUBMISSION.—The Comptroller General ‘‘(e) REGIONAL OFFICES.—The Maritime Ad- Defense Act (50 U.S.C. 2626) is amended— shall submit a comprehensive review conducted ministration shall have regional offices for the (1) by striking subsection (d); and under subparagraph (A) of a report required by Atlantic, Gulf, Great Lakes, and Pacific port (2) by redesignating subsections (e) and (f) as subsection (a) to the congressional defense com- ranges, and may have other regional offices as subsections (d) and (e), respectively. mittees not later than 3 years after that report necessary. The Secretary shall appoint a quali- (b) FUTURE-YEARS DEFENSE ENVIRONMENTAL is submitted to such committees. fied individual as Director of each regional of- MANAGEMENT PLAN.— ‘‘(C) ELEMENTS.—A comprehensive review fice. The Secretary shall carry out appropriate (1) IN GENERAL.—Section 4402A of the Atomic conducted under subparagraph (A) of a report activities and programs of the Maritime Admin- Energy Defense Act (50 U.S.C. 2582a) is re- required by subsection (a) shall include an as- istration through the regional offices. pealed. sessment, based on the most current information ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.— (2) CLERICAL AMENDMENT.—The table of con- available, of the following: The Secretary shall establish and maintain liai- tents for the Atomic Energy Defense Act is ‘‘(i) The actual cost savings achieved com- son with other agencies, and with representative amended by striking the item relating to section pared to cost savings estimated under subsection trade organizations throughout the United 4402A. (b)(1), and any increased costs incurred under States, concerned with the transportation of (c) ANNUAL CERTIFICATION OF SHIPMENTS TO the contract that were unexpected or uncertain commodities by water in the export and import WASTE ISOLATION PILOT PLANT.—Section 3115 of at the time the contract was awarded. foreign commerce of the United States, for the ‘‘(ii) Any disruptions or delays in mission ac- the National Defense Authorization Act for Fis- purpose of securing preference to vessels of the tivities or deliverables resulting from the com- cal Year 2017 (Public Law 114–328; 130 Stat. United States for the transportation of those petition for the contract compared to the disrup- 2759) is repealed. commodities. tions and delays estimated under subsection SEC. 3125. IMPLEMENTATION OF NUCLEAR POS- ‘‘(g) DETAILING OFFICERS FROM ARMED (b)(4). TURE REVIEW BY NATIONAL NU- FORCES.—To assist the Secretary in carrying out ‘‘(iii) Whether expected benefits of the com- CLEAR SECURITY ADMINISTRATION. duties and powers relating to the Maritime Ad- petition with respect to mission performance or (a) REPORT REQUIRED.—Not later than De- ministration, not more than five officers of the operations have been achieved. cember 1, 2018, the Administrator for Nuclear Se- Armed Forces may be detailed to the Secretary ‘‘(iv) Such other matters as the Comptroller curity shall submit to the congressional defense at any one time, in addition to details author- General considers appropriate.’’; and committees a report on the implementation of ized by any other law. During the period of a (B) by striking paragraph (3). the 2018 Nuclear Posture Review by the Na- detail, the Secretary shall pay the officer an SEC. 3122. REVIEW OF DEFENSE ENVIRONMENTAL tional Nuclear Security Administration. amount that, when added to the officer’s pay CLEANUP ACTIVITIES. (b) ELEMENTS.—The report required by sub- and allowances as an officer in the Armed (a) IN GENERAL.—The Secretary of Energy section (a) shall include the following: Forces, makes the officer’s total pay and allow- shall enter into an arrangement with the Na- (1) A list of specific actions associated with ances equal to the amount that would be paid to tional Academies of Sciences, Engineering, and implementation of the policies set forth in the an individual performing work the Secretary Medicine to conduct a review of the defense en- 2018 Nuclear Posture Review applicable to the considers to be of similar importance, difficulty, vironmental cleanup activities of the Office of National Nuclear Security Administration. and responsibility as that performed by the offi- Environmental Management of the Department (2) For each such action— cer during the detail. of Energy. (A) an identification of the office within the ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, (b) ELEMENTS.—The review conducted under Administration with responsibility for the ac- AND AUDITS.— subsection (a) shall include— tion; and ‘‘(1) CONTRACTS AND COOPERATIVE AGREE- (1) an assessment of— (B) key milestones for the action. MENTS.—In the same manner that a private cor- (A) project management practices with respect (3) A discussion of any challenges to success- poration may make a contract within the scope to the activities described in subsection (a); fully implementing such actions. of its authority under its charter, the Secretary (B) the outcomes of such activities; and (4) A description of the process established for may make contracts and cooperative agreements (C) the appropriateness of the level of engage- monitoring the implementation of such actions. for the United States Government and disburse ment and oversight of the Office of Environ- (5) A description of policy decisions by the Ad- amounts to— mental Management with respect to such activi- ministrator that are necessary to complete the ‘‘(A) carry out the Secretary’s duties and ties; and implementation of such actions. powers under this section, subtitle V of title 46, (2) recommendations with respect to actions to TITLE XXXII—DEFENSE NUCLEAR and all other Maritime Administration pro- enhance the effectiveness of such activities. FACILITIES SAFETY BOARD grams; and ‘‘(B) protect, preserve, and improve collateral SEC. 3123. SURVEY OF WORKFORCE OF NATIONAL SEC. 3201. AUTHORIZATION. SECURITY LABORATORIES AND NU- held by the Secretary to secure indebtedness. CLEAR WEAPONS PRODUCTION FA- There are authorized to be appropriated for ‘‘(2) AUDITS.—The financial transactions of CILITIES. fiscal year 2019, $31,243,000 for the operation of the Secretary under paragraph (1) shall be au- (a) IN GENERAL.—Not later than 180 days the Defense Nuclear Facilities Safety Board dited by the Comptroller General. The Comp- after the date of the enactment of this Act, the under chapter 21 of the Atomic Energy Act of troller General shall allow credit for an expendi- Administrator for Nuclear Security shall submit 1954 (42 U.S.C. 2286 et seq.). ture shown to be necessary because of the na- to the congressional defense committees a report TITLE XXXV—MARITIME ADMINISTRATION ture of the business activities authorized by this that includes— SEC. 3501. MARITIME ADMINISTRATION. section or subtitle V of title 46. At least once a (1) a detailed proposal for a survey of the Section 109 of title 49, United States Code, is year, the Comptroller General shall report to workforce of the national security laboratories amended to read as follows: Congress any departure by the Secretary from and nuclear weapons production facilities that this section or subtitle V of title 46. ‘‘§ 109. Maritime Administration is modeled on the Federal Employee Viewpoint ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Ex- Survey of the Office of Personnel Management; ‘‘(a) ORGANIZATION AND MISSION.—The Mari- cept as otherwise provided by law, the adminis- (2) the determination of the Administrator time Administration is an administration in the trative and related expenses for the administra- with respect to whether to implement the survey; Department of Transportation. The mission of tion of any grant programs by the Maritime Ad- and the Maritime Administration is to foster, pro- ministrator may not exceed 3 percent. (3) if the Administrator determines not to im- mote, and develop the merchant maritime indus- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— plement the survey, a description of the reasons try of the United States. ‘‘(1) IN GENERAL.—Except as otherwise pro- for that determination. ‘‘(b) MARITIME ADMINISTRATOR.—The head of vided in this subsection, there are authorized to (b) IMPLEMENTATION FACTORS.—The report re- the Maritime Administration is the Maritime be appropriated such amounts as may be nec- quired by subsection (a) shall address factors as- Administrator, who is appointed by the Presi- essary to carry out the duties and powers of the

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00163 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4174 CONGRESSIONAL RECORD — SENATE June 19, 2018 Secretary relating to the Maritime Administra- SEC. 3502. PERMANENT AUTHORITY OF SEC- sections 2304(k) and 2374 of title 10, United tion. RETARY OF TRANSPORTATION TO States Code, or on competitive procedures; and ‘‘(2) LIMITATIONS.—Only those amounts spe- ISSUE VESSEL WAR RISK INSUR- ANCE. (2) comply with other applicable provisions of cifically authorized by law may be appropriated law. for the use of the Maritime Administration for— (a) IN GENERAL.—Section 53912 of title 46, ‘‘(A) acquisition, construction, or reconstruc- United States Code, is repealed. (c) RELATIONSHIP TO TRANSFER AND PROGRAM- tion of vessels; (b) CLERICAL AMENDMENT.—The table of sec- MING AUTHORITY.—An amount specified in the ‘‘(B) construction-differential subsidies inci- tions at the beginning of chapter 539 of such funding tables in this division may be trans- dent to the construction, reconstruction, or re- title is amended by striking the item relating to ferred or reprogrammed under a transfer or re- conditioning of vessels; section 53912. programming authority provided by another ‘‘(C) costs of national defense features; DIVISION D—FUNDING TABLES provision of this Act or by other law. The trans- ‘‘(D) payments of obligations incurred for op- fer or reprogramming of an amount specified in erating-differential subsidies; SEC. 4001. AUTHORIZATION OF AMOUNTS IN such funding tables shall not count against a FUNDING TABLES. ‘‘(E) expenses necessary for research and de- ceiling on such transfers or reprogrammings velopment activities, including reimbursement of (a) IN GENERAL.—Whenever a funding table in under section 1001 or section 1522 of this Act or the Vessel Operations Revolving Fund for losses this division specifies a dollar amount author- any other provision of law, unless such transfer resulting from expenses of experimental vessel ized for a project, program, or activity, the obli- or reprogramming would move funds between operations; gation and expenditure of the specified dollar appropriation accounts. ‘‘(F) the Vessel Operations Revolving Fund; amount for the project, program, or activity is (d) APPLICABILITY TO CLASSIFIED ANNEX.— ‘‘(G) National Defense Reserve Fleet expenses; hereby authorized, subject to the availability of ‘‘(H) expenses necessary to carry out part B of appropriations. This section applies to any classified annex that subtitle V of title 46; and (b) MERIT-BASED DECISIONS.—A decision to accompanies this Act. ‘‘(I) other operations and training expenses commit, obligate, or expend funds with or to a (e) ORAL WRITTEN COMMUNICATIONS.—No oral related to the development of waterborne trans- specific entity on the basis of a dollar amount or written communication concerning any portation systems, the use of waterborne trans- authorized pursuant to subsection (a) shall— amount specified in the funding tables in this portation systems, and general administra- (1) be based on merit-based selection proce- division shall supersede the requirements of this tion.’’. dures in accordance with the requirements of section.

TITLE XLI—PROCUREMENT SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

AIRCRAFT PROCUREMENT, ARMY FIXED WING 2 UTILITY F/W AIRCRAFT ...... 744 744 3 MQ–1 UAV...... 43,326 43,326 4 RQ–11 (RAVEN)...... 46,416 46,416 ROTARY 7 AH–64 APACHE BLOCK IIIA REMAN ...... 753,248 753,248 8 AH–64 APACHE BLOCK IIIA REMAN AP ...... 174,550 174,550 9 AH–64 APACHE BLOCK IIIB NEW BUILD ...... 284,687 284,687 10 AH–64 APACHE BLOCK IIIB NEW BUILD AP ...... 58,600 58,600 11 UH–60 BLACKHAWK M MODEL (MYP) ...... 988,810 988,810 12 UH–60 BLACKHAWK M MODEL (MYP) AP ...... 106,150 106,150 13 UH–60 BLACK HAWK A AND L MODELS ...... 146,138 146,138 14 CH–47 HELICOPTER...... 99,278 99,278 15 CH–47 HELICOPTER AP ...... 24,235 24,235 MODIFICATION OF AIRCRAFT 18 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ...... 27,114 27,114 19 GRAY EAGLE MODS2 ...... 97,781 97,781 20 MULTI SENSOR ABN RECON (MIP) ...... 52,274 52,274 21 AH–64 MODS...... 104,996 104,996 22 CH–47 CARGO HELICOPTER MODS (MYP) ...... 7,807 7,807 23 GRCS SEMA MODS (MIP) ...... 5,573 5,573 24 ARL SEMA MODS (MIP) ...... 7,522 7,522 25 EMARSS SEMA MODS (MIP) ...... 20,448 20,448 26 UTILITY/CARGO AIRPLANE MODS ...... 17,719 17,719 27 UTILITY HELICOPTER MODS ...... 6,443 6,443 28 NETWORK AND MISSION PLAN ...... 123,614 123,614 29 COMMS, NAV SURVEILLANCE ...... 161,969 161,969 30 DEGRADED VISUAL ENVIRONMENT ...... 30,000 30,000 31 GATM ROLLUP...... 26,848 26,848 32 RQ–7 UAV MODS ...... 103,246 103,246 33 UAS MODS...... 17,644 17,644 GROUND SUPPORT AVIONICS 34 AIRCRAFT SURVIVABILITY EQUIPMENT ...... 57,170 57,170 35 SURVIVABILITY CM...... 5,853 5,853 36 CMWS ...... 13,496 13,496 37 COMMON INFRARED COUNTERMEASURES (CIRCM) ...... 36,839 36,839 OTHER SUPPORT 38 AVIONICS SUPPORT EQUIPMENT ...... 1,778 1,778 39 COMMON GROUND EQUIPMENT ...... 34,818 34,818 40 AIRCREW INTEGRATED SYSTEMS ...... 27,243 27,243 41 AIR TRAFFIC CONTROL ...... 63,872 63,872 42 INDUSTRIAL FACILITIES...... 1,417 1,417 43 LAUNCHER, 2.75 ROCKET ...... 1,901 1,901 44 LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 ...... 991 991 TOTAL AIRCRAFT PROCUREMENT, ARMY ...... 3,782,558 3,782,558

MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 1 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ...... 111,395 111,395 2 MSE MISSILE...... 871,276 871,276 3 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ...... 145,636 645,636 Acceleration of cruise missile defense ...... [500,000]

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

4 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I AP ...... 31,286 31,286 AIR-TO-SURFACE MISSILE SYSTEM 6 JOINT AIR-TO-GROUND MSLS (JAGM) ...... 276,462 276,462 ANTI-TANK/ASSAULT MISSILE SYS 8 JAVELIN (AAWS-M) SYSTEM SUMMARY ...... 303,665 303,665 9 TOW 2 SYSTEM SUMMARY ...... 105,014 105,014 10 TOW 2 SYSTEM SUMMARY AP ...... 19,949 19,949 11 GUIDED MLRS ROCKET (GMLRS) ...... 359,613 359,613 12 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ...... 20,964 20,964 MODIFICATIONS 15 PATRIOT MODS...... 313,228 313,228 16 ATACMS MODS...... 221,656 141,656 Requested quantity exceeds maximum ...... [–80,000] 17 GMLRS MOD...... 266 266 18 STINGER MODS...... 94,756 94,756 19 AVENGER MODS...... 48,670 48,670 20 ITAS/TOW MODS...... 3,173 3,173 21 MLRS MODS...... 383,216 383,216 22 HIMARS MODIFICATIONS...... 10,196 10,196 SPARES AND REPAIR PARTS 23 SPARES AND REPAIR PARTS ...... 27,737 27,737 SUPPORT EQUIPMENT & FACILITIES 24 AIR DEFENSE TARGETS ...... 6,417 6,417 25 PRODUCTION BASE SUPPORT ...... 1,202 1,202 TOTAL MISSILE PROCUREMENT, ARMY ...... 3,355,777 3,775,777

PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 2 ARMORED MULTI PURPOSE VEHICLE (AMPV) ...... 479,801 379,801 Program decrease ...... [–100,000] MODIFICATION OF TRACKED COMBAT VEHICLES 4 STRYKER (MOD)...... 287,490 138,100 Army requested transfer ...... [–149,390] 5 STRYKER UPGRADE...... 21,900 171,290 Army requested transfer ...... [149,390] 6 BRADLEY PROGRAM (MOD) ...... 625,424 301,424 Program decrease ...... [–324,000] 7 M109 FOV MODIFICATIONS ...... 26,482 26,482 8 PALADIN INTEGRATED MANAGEMENT (PIM) ...... 351,802 461,802 Program increase ...... [110,000] 9 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...... 110,500 110,500 10 ASSAULT BRIDGE (MOD) ...... 2,120 2,120 11 ASSAULT BREACHER VEHICLE ...... 62,407 62,407 12 M88 FOV MODS ...... 4,517 4,517 13 JOINT ASSAULT BRIDGE ...... 142,255 142,255 14 M1 ABRAMS TANK (MOD) ...... 927,600 927,600 15 ABRAMS UPGRADE PROGRAM ...... 1,075,999 1,075,999 WEAPONS & OTHER COMBAT VEHICLES 18 M240 MEDIUM MACHINE GUN (7.62MM) ...... 1,955 1,955 19 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...... 23,345 23,345 20 GUN AUTOMATIC 30MM M230 ...... 7,434 7,434 21 MACHINE GUN, CAL .50 M2 ROLL ...... 22,330 22,330 22 MORTAR SYSTEMS...... 12,470 12,470 23 XM320 GRENADE LAUNCHER MODULE (GLM) ...... 697 697 24 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ...... 46,236 46,236 25 CARBINE ...... 69,306 69,306 26 SMALL ARMS—FIRE CONTROL ...... 7,929 7,929 27 COMMON REMOTELY OPERATED WEAPONS STATION ...... 35,968 35,968 28 HANDGUN ...... 48,251 48,251 MOD OF WEAPONS AND OTHER COMBAT VEH 29 MK–19 GRENADE MACHINE GUN MODS ...... 1,684 1,684 30 M777 MODS...... 3,086 3,086 31 M4 CARBINE MODS ...... 31,575 31,575 32 M2 50 CAL MACHINE GUN MODS ...... 21,600 21,600 33 M249 SAW MACHINE GUN MODS ...... 3,924 3,924 34 M240 MEDIUM MACHINE GUN MODS ...... 6,940 6,940 35 SNIPER RIFLES MODIFICATIONS ...... 2,747 2,747 36 M119 MODIFICATIONS...... 5,704 5,704 37 MORTAR MODIFICATION...... 3,965 3,965 38 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ...... 5,577 5,577 SUPPORT EQUIPMENT & FACILITIES 39 ITEMS LESS THAN $5.0M (WOCV-WTCV) ...... 3,174 3,174 40 PRODUCTION BASE SUPPORT (WOCV-WTCV) ...... 3,284 3,284 41 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ...... 1,640 1,640 TOTAL PROCUREMENT OF W&TCV, ARMY ...... 4,489,118 4,175,118

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES ...... 41,848 35,148 FY2018 Omnibus forward finance ...... [–6,700] 2 CTG, 7.62MM, ALL TYPES ...... 86,199 86,199 3 CTG, HANDGUN, ALL TYPES ...... 20,158 20,158 4 CTG, .50 CAL, ALL TYPES ...... 65,573 65,573

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

5 CTG, 20MM, ALL TYPES ...... 8,198 8,198 7 CTG, 30MM, ALL TYPES ...... 77,995 77,995 8 CTG, 40MM, ALL TYPES ...... 69,781 69,781 MORTAR AMMUNITION 9 60MM MORTAR, ALL TYPES ...... 45,280 45,280 10 81MM MORTAR, ALL TYPES ...... 46,853 46,853 11 120MM MORTAR, ALL TYPES ...... 83,003 83,003 TANK AMMUNITION 12 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...... 168,101 168,101 ARTILLERY AMMUNITION 13 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ...... 39,341 39,341 14 ARTILLERY PROJECTILE, 155MM, ALL TYPES ...... 211,442 211,442 15 PROJ 155MM EXTENDED RANGE M982 ...... 100,906 100,906 16 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ...... 236,677 136,677 Ammunition Cuts ...... [–100,000] MINES 17 MINES & CLEARING CHARGES, ALL TYPES ...... 15,905 15,905 ROCKETS 18 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ...... 4,503 4,503 19 ROCKET, HYDRA 70, ALL TYPES ...... 211,211 211,211 OTHER AMMUNITION 20 CAD/PAD, ALL TYPES ...... 10,428 10,428 21 DEMOLITION MUNITIONS, ALL TYPES ...... 44,656 44,656 22 GRENADES, ALL TYPES ...... 19,896 19,896 23 SIGNALS, ALL TYPES ...... 10,121 10,121 24 SIMULATORS, ALL TYPES ...... 11,464 11,464 MISCELLANEOUS 25 AMMO COMPONENTS, ALL TYPES ...... 5,224 5,224 26 NON-LETHAL AMMUNITION, ALL TYPES ...... 4,310 4,310 27 ITEMS LESS THAN $5 MILLION (AMMO) ...... 11,193 11,193 28 AMMUNITION PECULIAR EQUIPMENT ...... 10,500 10,500 29 FIRST DESTINATION TRANSPORTATION (AMMO) ...... 18,456 18,456 30 CLOSEOUT LIABILITIES...... 100 100 PRODUCTION BASE SUPPORT 32 INDUSTRIAL FACILITIES...... 394,133 394,133 33 CONVENTIONAL MUNITIONS DEMILITARIZATION ...... 157,535 157,535 34 ARMS INITIATIVE...... 3,771 3,771 TOTAL PROCUREMENT OF AMMUNITION, ARMY ...... 2,234,761 2,128,061

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 1 TACTICAL TRAILERS/DOLLY SETS ...... 16,512 16,512 2 SEMITRAILERS, FLATBED:...... 16,951 16,951 3 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ...... 50,123 50,123 4 GROUND MOBILITY VEHICLES (GMV) ...... 46,988 46,988 6 JOINT LIGHT TACTICAL VEHICLE ...... 1,319,436 1,069,436 Program reduction ...... [–250,000] 7 TRUCK, DUMP, 20T (CCE) ...... 6,480 6,480 8 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ...... 132,882 132,882 9 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...... 14,842 14,842 10 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...... 138,105 138,105 12 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ...... 31,892 31,892 13 TACTICAL WHEELED VEHICLE PROTECTION KITS ...... 38,128 38,128 14 MODIFICATION OF IN SVC EQUIP ...... 78,507 78,507 NON-TACTICAL VEHICLES 16 HEAVY ARMORED VEHICLE ...... 790 790 17 PASSENGER CARRYING VEHICLES ...... 1,390 1,390 18 NONTACTICAL VEHICLES, OTHER ...... 15,415 15,415 COMM—JOINT COMMUNICATIONS 20 SIGNAL MODERNIZATION PROGRAM ...... 150,777 150,777 21 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ...... 469,117 469,117 22 SITUATION INFORMATION TRANSPORT ...... 62,727 62,727 23 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ...... 13,895 13,895 24 JCSE EQUIPMENT (USREDCOM) ...... 4,866 4,866 COMM—SATELLITE COMMUNICATIONS 27 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ...... 108,133 108,133 28 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ...... 56,737 56,737 29 SHF TERM...... 13,100 13,100 30 SMART-T (SPACE)...... 9,160 9,160 31 GLOBAL BRDCST SVC—GBS ...... 25,647 25,647 32 ENROUTE MISSION COMMAND (EMC) ...... 37,401 37,401 COMM—C3 SYSTEM 36 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ...... 20,500 20,500 COMM—COMBAT COMMUNICATIONS 38 HANDHELD MANPACK SMALL FORM FIT (HMS) ...... 351,565 351,565 40 RADIO TERMINAL SET, MIDS LVT(2) ...... 4,641 4,641 41 TRACTOR DESK...... 2,187 2,187 42 TRACTOR RIDE...... 9,411 9,411 44 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ...... 17,515 17,515 45 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ...... 819 819 46 UNIFIED COMMAND SUITE ...... 17,807 17,807 47 COTS COMMUNICATIONS EQUIPMENT ...... 191,835 191,835 48 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ...... 25,177 25,177

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

COMM—INTELLIGENCE COMM 50 CI AUTOMATION ARCHITECTURE (MIP) ...... 9,740 9,740 51 DEFENSE MILITARY DECEPTION INITIATIVE ...... 2,667 2,667 INFORMATION SECURITY 53 FAMILY OF BIOMETRICS ...... 8,319 8,319 54 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ...... 2,000 2,000 55 COMMUNICATIONS SECURITY (COMSEC) ...... 88,337 88,337 56 DEFENSIVE CYBER OPERATIONS ...... 51,343 51,343 57 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ...... 330 330 58 PERSISTENT CYBER TRAINING ENVIRONMENT ...... 3,000 3,000 COMM—LONG HAUL COMMUNICATIONS 59 BASE SUPPORT COMMUNICATIONS ...... 34,434 34,434 COMM—BASE COMMUNICATIONS 60 INFORMATION SYSTEMS...... 95,558 95,558 61 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM ...... 4,736 4,736 62 HOME STATION MISSION COMMAND CENTERS (HSMCC) ...... 24,479 24,479 63 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...... 216,433 216,433 ELECT EQUIP—TACT INT REL ACT (TIARA) 66 JTT/CIBS-M (MIP)...... 10,268 10,268 68 DCGS-A (MIP)...... 261,863 261,863 69 JOINT TACTICAL GROUND STATION (JTAGS) (MIP) ...... 5,434 5,434 70 TROJAN (MIP)...... 20,623 20,623 71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ...... 45,998 47,798 SOUTHCOM SIGINT Suite COMSAT RF ...... [1,800] 72 CI HUMINT AUTO REPRTING & COLL(CHARCS)(MIP) ...... 296 296 76 ITEMS LESS THAN $5.0M (MIP) ...... 410 410 ELECT EQUIP—ELECTRONIC WARFARE (EW) 77 LIGHTWEIGHT COUNTER MORTAR RADAR ...... 9,165 9,165 78 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ...... 5,875 5,875 79 AIR VIGILANCE (AV) (MIP) ...... 8,497 8,497 83 CI MODERNIZATION (MIP) ...... 486 486 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 84 SENTINEL MODS...... 79,629 79,629 85 NIGHT VISION DEVICES ...... 153,180 153,180 87 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ...... 22,882 22,882 88 RADIATION MONITORING SYSTEMS ...... 17,393 17,393 90 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ...... 46,740 46,740 91 FAMILY OF WEAPON SIGHTS (FWS) ...... 140,737 140,737 93 PROFILER ...... 171 171 94 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ...... 405,239 405,239 95 JOINT EFFECTS TARGETING SYSTEM (JETS) ...... 66,574 66,574 96 MOD OF IN-SVC EQUIP (LLDR) ...... 20,783 20,783 97 COMPUTER BALLISTICS: LHMBC XM32 ...... 8,553 8,553 98 MORTAR FIRE CONTROL SYSTEM ...... 21,489 21,489 99 COUNTERFIRE RADARS...... 162,121 162,121 ELECT EQUIP—TACTICAL C2 SYSTEMS 100 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( ...... 2,855 2,855 101 FIRE SUPPORT C2 FAMILY ...... 19,153 19,153 102 AIR & MSL DEFENSE PLANNING & CONTROL SYS ...... 33,837 33,837 103 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ...... 5,136 5,136 104 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ...... 18,329 18,329 105 MANEUVER CONTROL SYSTEM (MCS) ...... 38,015 38,015 106 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ...... 15,164 15,164 107 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ...... 29,239 29,239 109 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ...... 6,823 6,823 110 MOD OF IN-SVC EQUIPMENT (ENFIRE) ...... 1,177 1,177 ELECT EQUIP—AUTOMATION 111 ARMY TRAINING MODERNIZATION ...... 12,265 12,265 112 AUTOMATED DATA PROCESSING EQUIP ...... 201,875 186,875 Consolidating more IT purchases ...... [–15,000] 113 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ...... 10,976 10,976 114 HIGH PERF COMPUTING MOD PGM (HPCMP) ...... 66,330 66,330 115 CONTRACT WRITING SYSTEM ...... 5,927 5,927 116 RESERVE COMPONENT AUTOMATION SYS (RCAS) ...... 27,896 27,896 ELECT EQUIP—AUDIO VISUAL SYS (A/V) 117 TACTICAL DIGITAL MEDIA ...... 4,392 4,392 118 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ...... 1,970 1,970 ELECT EQUIP—SUPPORT 119 PRODUCTION BASE SUPPORT (C-E) ...... 506 506 CLASSIFIED PROGRAMS ...... 4,501 4,501 CLASSIFIED PROGRAMS CHEMICAL DEFENSIVE EQUIPMENT 121 PROTECTIVE SYSTEMS...... 2,314 2,314 122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ...... 7,478 7,478 124 CBRN DEFENSE...... 173,954 173,954 BRIDGING EQUIPMENT 125 TACTICAL BRIDGING...... 98,229 98,229 126 TACTICAL BRIDGE, FLOAT-RIBBON ...... 64,438 64,438 127 COMMON BRIDGE TRANSPORTER (CBT) RECAP ...... 79,916 79,916 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 128 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ...... 8,471 8,471 129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ...... 29,883 29,883 130 AREA MINE DETECTION SYSTEM (AMDS) ...... 11,594 11,594

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

131 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ...... 40,834 40,834 132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ...... 4,029 4,029 133 EOD ROBOTICS SYSTEMS RECAPITALIZATION ...... 14,208 14,208 134 ROBOTICS AND APPLIQUE SYSTEMS ...... 31,456 31,456 136 REMOTE DEMOLITION SYSTEMS ...... 1,748 1,748 137 < $5M, COUNTERMINE EQUIPMENT ...... 7,829 7,829 138 FAMILY OF BOATS AND MOTORS ...... 5,806 5,806 COMBAT SERVICE SUPPORT EQUIPMENT 139 HEATERS AND ECU’S ...... 9,852 9,852 140 SOLDIER ENHANCEMENT...... 1,103 1,103 141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...... 5,875 5,875 142 GROUND SOLDIER SYSTEM ...... 92,487 92,487 143 MOBILE SOLDIER POWER ...... 30,774 30,774 145 FIELD FEEDING EQUIPMENT ...... 17,521 17,521 146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ...... 44,855 44,855 147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 17,173 17,173 148 ITEMS LESS THAN $5M (ENG SPT) ...... 2,000 2,000 PETROLEUM EQUIPMENT 149 QUALITY SURVEILLANCE EQUIPMENT ...... 1,770 1,770 150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ...... 39,730 39,730 MEDICAL EQUIPMENT 151 COMBAT SUPPORT MEDICAL ...... 57,752 57,752 MAINTENANCE EQUIPMENT 152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ...... 37,722 37,722 153 ITEMS LESS THAN $5.0M (MAINT EQ) ...... 4,985 4,985 CONSTRUCTION EQUIPMENT 155 SCRAPERS, EARTHMOVING...... 7,961 7,961 156 HYDRAULIC EXCAVATOR...... 1,355 1,355 158 ALL TERRAIN CRANES ...... 13,031 13,031 159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ...... 46,048 46,048 160 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ...... 980 980 161 CONST EQUIP ESP ...... 37,017 37,017 162 ITEMS LESS THAN $5.0M (CONST EQUIP) ...... 6,103 6,103 RAIL FLOAT CONTAINERIZATION EQUIPMENT 163 ARMY WATERCRAFT ESP ...... 27,711 27,711 164 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ...... 8,385 8,385 GENERATORS 165 GENERATORS AND ASSOCIATED EQUIP ...... 133,772 133,772 166 TACTICAL ELECTRIC POWER RECAPITALIZATION ...... 8,333 8,333 MATERIAL HANDLING EQUIPMENT 167 FAMILY OF FORKLIFTS ...... 12,901 12,901 TRAINING EQUIPMENT 168 COMBAT TRAINING CENTERS SUPPORT ...... 123,228 123,228 169 TRAINING DEVICES, NONSYSTEM ...... 228,598 228,598 170 CLOSE COMBAT TACTICAL TRAINER ...... 33,080 33,080 171 AVIATION COMBINED ARMS TACTICAL TRAINER ...... 32,700 32,700 172 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...... 25,161 25,161 TEST MEASURE AND DIG EQUIPMENT (TMD) 173 CALIBRATION SETS EQUIPMENT ...... 4,270 4,270 174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ...... 76,295 76,295 175 TEST EQUIPMENT MODERNIZATION (TEMOD) ...... 9,806 9,806 OTHER SUPPORT EQUIPMENT 176 M25 STABILIZED BINOCULAR ...... 4,368 4,368 177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...... 9,879 9,879 178 PHYSICAL SECURITY SYSTEMS (OPA3) ...... 54,043 54,043 179 BASE LEVEL COMMON EQUIPMENT ...... 6,633 6,633 180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ...... 49,797 49,797 181 PRODUCTION BASE SUPPORT (OTH) ...... 2,301 2,301 182 SPECIAL EQUIPMENT FOR USER TESTING ...... 11,608 11,608 183 TRACTOR YARD...... 4,956 4,956 OPA2 184 INITIAL SPARES—C&E...... 9,817 9,817 TOTAL OTHER PROCUREMENT, ARMY ...... 7,999,529 7,736,329

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 F/A–18E/F (FIGHTER) HORNET ...... 1,937,553 1,937,553 2 F/A–18E/F (FIGHTER) HORNET AP ...... 58,799 58,799 3 JOINT STRIKE FIGHTER CV ...... 1,144,958 1,023,958 Program Realignment ...... [–121,000] 4 JOINT STRIKE FIGHTER CV AP ...... 140,010 140,010 5 JSF STOVL...... 2,312,847 2,312,847 6 JSF STOVL AP ...... 228,492 228,492 7 CH–53K (HEAVY LIFT) ...... 1,113,804 1,113,804 8 CH–53K (HEAVY LIFT) AP ...... 161,079 161,079 9 V–22 (MEDIUM LIFT) ...... 806,337 806,337 10 V–22 (MEDIUM LIFT) AP ...... 36,955 36,955 11 H–1 UPGRADES (UH–1Y/AH–1Z) ...... 820,755 820,755 14 P–8A POSEIDON...... 1,803,753 1,803,753 15 P–8A POSEIDON AP ...... 180,000 180,000 16 E–2D ADV HAWKEYE ...... 742,693 917,693 UPL—1 additional Aircraft ...... [175,000] 17 E–2D ADV HAWKEYE AP ...... 240,734 240,734

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

71 O/A-X LIGHT ATTACK AIRCRAFT ...... 0 100,000 Initial procurement for light attack aircraft ...... [100,000] AIRLIFT AIRCRAFT 18 C–40A ...... 206,000 0 Funded in FY18 Omnibus ...... [–206,000] OTHER AIRCRAFT 20 KC–130J ...... 160,433 160,433 21 KC–130J AP...... 110,013 110,013 22 MQ–4 TRITON...... 568,743 568,743 23 MQ–4 TRITON AP ...... 58,522 58,522 24 MQ–8 UAV...... 54,761 54,761 25 STUASL0 UAV...... 14,866 14,866 26 VH–92A EXECUTIVE HELO ...... 649,015 649,015 72 UAV ...... 0 100,000 Procurement of UAV ...... [100,000] MODIFICATION OF AIRCRAFT 27 AEA SYSTEMS...... 25,277 25,277 28 AV–8 SERIES...... 58,577 58,577 29 ADVERSARY ...... 14,606 14,606 30 F–18 SERIES...... 1,213,482 1,227,382 UPL—EA–18G Advanced Modes / Cognitive EW ...... [13,900] 31 H–53 SERIES...... 70,997 70,997 32 SH–60 SERIES...... 130,661 130,661 33 H–1 SERIES...... 87,143 87,143 34 EP–3 SERIES...... 3,633 3,633 35 P–3 SERIES...... 803 803 36 E–2 SERIES...... 88,780 88,780 37 TRAINER A/C SERIES ...... 11,660 11,660 38 C–2A ...... 11,327 11,327 39 C–130 SERIES...... 79,075 79,075 40 FEWSG ...... 597 597 41 CARGO/TRANSPORT A/C SERIES ...... 8,932 8,932 42 E–6 SERIES...... 181,821 181,821 43 EXECUTIVE HELICOPTERS SERIES ...... 23,566 23,566 44 SPECIAL PROJECT AIRCRAFT ...... 7,620 7,620 45 T–45 SERIES...... 195,475 195,475 46 POWER PLANT CHANGES ...... 21,521 21,521 47 JPATS SERIES...... 27,644 27,644 48 AVIATION LIFE SUPPORT MODS ...... 15,864 15,864 49 COMMON ECM EQUIPMENT ...... 166,306 191,306 UPL—F/A–18 E/F Adaptative Radar Countermeasures ...... [25,000] 50 COMMON AVIONICS CHANGES ...... 117,551 117,551 51 COMMON DEFENSIVE WEAPON SYSTEM ...... 1,994 1,994 52 ID SYSTEMS...... 40,696 40,696 53 P–8 SERIES...... 71,251 71,251 54 MAGTF EW FOR AVIATION ...... 11,590 11,590 55 MQ–8 SERIES...... 37,907 37,907 57 V–22 (TILT/ROTOR ACFT) OSPREY ...... 214,820 214,820 58 NEXT GENERATION JAMMER (NGJ) ...... 952 952 59 F–35 STOVL SERIES ...... 36,618 70,118 F–35B Modifications Increase ...... [33,500] 60 F–35 CV SERIES ...... 21,236 26,236 F–35C Modifications Increase ...... [5,000] 61 QRC ...... 101,499 101,499 62 MQ–4 SERIES...... 48,278 48,278 63 RQ–21 SERIES...... 6,904 6,904 AIRCRAFT SPARES AND REPAIR PARTS 64 SPARES AND REPAIR PARTS ...... 1,792,920 1,842,920 F–35B and F–35C spares quantity increase ...... [50,000] AIRCRAFT SUPPORT EQUIP & FACILITIES 65 COMMON GROUND EQUIPMENT ...... 421,606 421,606 66 AIRCRAFT INDUSTRIAL FACILITIES ...... 24,496 24,496 67 WAR CONSUMABLES...... 42,108 42,108 68 OTHER PRODUCTION CHARGES ...... 1,444 1,444 69 SPECIAL SUPPORT EQUIPMENT ...... 49,489 49,489 70 FIRST DESTINATION TRANSPORTATION ...... 1,951 1,951 TOTAL AIRCRAFT PROCUREMENT, NAVY ...... 19,041,799 19,217,199

WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 TRIDENT II MODS ...... 1,078,750 1,078,750 SUPPORT EQUIPMENT & FACILITIES 2 MISSILE INDUSTRIAL FACILITIES ...... 6,998 6,998 STRATEGIC MISSILES 3 TOMAHAWK ...... 98,570 98,570 TACTICAL MISSILES 4 AMRAAM ...... 211,058 211,058 5 SIDEWINDER ...... 77,927 122,927 Navy UPL: Increase to maximum capacity ...... [45,000] 6 JSOW ...... 1,330 1,330 7 STANDARD MISSILE...... 490,210 490,210 8 STANDARD MISSILE AP ...... 125,683 125,683 9 SMALL DIAMETER BOMB II ...... 91,272 91,272

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

10 RAM ...... 96,221 96,221 11 JOINT AIR GROUND MISSILE (JAGM) ...... 24,109 24,109 14 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ...... 11,378 11,378 15 AERIAL TARGETS...... 137,137 137,137 16 OTHER MISSILE SUPPORT ...... 3,318 3,318 17 LRASM ...... 81,190 111,190 Navy UPL: Increase to maximum capacity ...... [30,000] 18 LCS OTH MISSILE ...... 18,156 18,156 MODIFICATION OF MISSILES 19 ESSM ...... 98,384 98,384 20 HARPOON MODS...... 14,840 26,840 Navy UPL: Increase to max capacity ...... [12,000] 21 HARM MODS...... 187,985 74,085 Reduce procurement due to test results ...... [–113,900] SUPPORT EQUIPMENT & FACILITIES 23 WEAPONS INDUSTRIAL FACILITIES ...... 2,006 2,006 24 FLEET SATELLITE COMM FOLLOW-ON ...... 66,779 66,779 ORDNANCE SUPPORT EQUIPMENT 25 ORDNANCE SUPPORT EQUIPMENT ...... 62,008 62,008 TORPEDOES AND RELATED EQUIP 26 SSTD ...... 6,353 6,353 27 MK–48 TORPEDO...... 92,616 103,616 Navy UPL: Increase to maximum capacity ...... [11,000] 28 ASW TARGETS...... 12,324 12,324 MOD OF TORPEDOES AND RELATED EQUIP 29 MK–54 TORPEDO MODS ...... 105,946 105,946 30 MK–48 TORPEDO ADCAP MODS ...... 40,005 40,005 31 QUICKSTRIKE MINE...... 9,758 9,758 SUPPORT EQUIPMENT 32 TORPEDO SUPPORT EQUIPMENT ...... 79,371 79,371 33 ASW RANGE SUPPORT ...... 3,872 3,872 DESTINATION TRANSPORTATION 34 FIRST DESTINATION TRANSPORTATION ...... 3,726 3,726 GUNS AND GUN MOUNTS 35 SMALL ARMS AND WEAPONS ...... 15,067 15,067 MODIFICATION OF GUNS AND GUN MOUNTS 36 CIWS MODS...... 63,318 63,318 37 COAST GUARD WEAPONS ...... 40,823 40,823 38 GUN MOUNT MODS ...... 74,618 74,618 39 LCS MODULE WEAPONS ...... 11,350 5,350 Early to need ...... [–6,000] 41 AIRBORNE MINE NEUTRALIZATION SYSTEMS ...... 22,249 22,249 SPARES AND REPAIR PARTS 43 SPARES AND REPAIR PARTS ...... 135,688 135,688 TOTAL WEAPONS PROCUREMENT, NAVY ...... 3,702,393 3,680,493

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS ...... 79,871 79,871 2 JDAM ...... 87,900 87,900 3 AIRBORNE ROCKETS, ALL TYPES ...... 151,431 151,431 4 MACHINE GUN AMMUNITION ...... 11,344 11,344 5 PRACTICE BOMBS...... 49,471 49,471 6 CARTRIDGES & CART ACTUATED DEVICES ...... 56,227 56,227 7 AIR EXPENDABLE COUNTERMEASURES ...... 66,382 66,382 8 JATOS ...... 2,907 2,907 9 5 INCH/54 GUN AMMUNITION ...... 72,657 72,657 10 INTERMEDIATE CALIBER GUN AMMUNITION ...... 33,613 20,613 Alamo LRIP ahead of testing ...... [–13,000] 11 OTHER SHIP GUN AMMUNITION ...... 42,142 42,142 12 SMALL ARMS & LANDING PARTY AMMO ...... 49,888 49,888 13 PYROTECHNIC AND DEMOLITION ...... 10,931 10,931 15 AMMUNITION LESS THAN $5 MILLION ...... 1,106 1,106 MARINE CORPS AMMUNITION 19 MORTARS ...... 28,266 28,266 21 DIRECT SUPPORT MUNITIONS ...... 63,664 63,664 22 INFANTRY WEAPONS AMMUNITION ...... 59,295 59,295 26 COMBAT SUPPORT MUNITIONS ...... 31,577 31,577 28 AMMO MODERNIZATION...... 15,001 15,001 29 ARTILLERY MUNITIONS...... 86,297 86,297 30 ITEMS LESS THAN $5 MILLION ...... 6,239 6,239 TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 1,006,209 993,209

SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 1 OHIO REPLACEMENT SUBMARINE AP ...... 3,005,330 3,005,330 OTHER WARSHIPS 2 CARRIER REPLACEMENT PROGRAM ...... 1,598,181 1,598,181 4 VIRGINIA CLASS SUBMARINE ...... 4,373,382 4,373,382 5 VIRGINIA CLASS SUBMARINE AP ...... 2,796,401 3,046,401 FY19–23 MYP EOQ or SIB expansion ...... [250,000] 7 CVN REFUELING OVERHAULS AP ...... 449,597 449,597 8 DDG 1000...... 270,965 0

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00170 Fmt 4624 Sfmt 8633 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4181

SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

Cost growth transfer to Line 28 ...... [–270,965] 9 DDG–51 ...... 5,253,327 5,225,827 Multiyear procurement contract savings ...... [–27,500] 10 DDG–51 AP...... 391,928 641,928 Enable greater long lead material procurement ...... [250,000] 11 LITTORAL COMBAT SHIP ...... 646,244 576,244 Align Plans and Other costs with end of production ...... [–70,000] AMPHIBIOUS SHIPS 12 LPD –17...... 0 650,000 AP for FY2020 LPD Flight II and/or MYP EOQ ...... [650,000] 13 EXPEDITIONARY SEA BASE (ESB) ...... 650,000 650,000 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 16 TAO FLEET OILER ...... 977,104 977,104 17 TAO FLEET OILER AP ...... 75,046 75,046 18 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ...... 80,517 80,517 20 LCU 1700...... 41,520 41,520 21 OUTFITTING ...... 634,038 562,038 Unjustified cost growth ...... [–72,000] 22 SHIP TO SHORE CONNECTOR ...... 325,375 325,375 23 SERVICE CRAFT...... 72,062 97,062 Accelerate detail design and construction of YP–703 Flight II ...... [25,000] 24 LCAC SLEP...... 23,321 23,321 28 COMPLETION OF PY SHIPBUILDING PROGRAMS ...... 207,099 478,064 Cost growth transfer from Line 8 ...... [270,965] 29 CABLE SHIP...... 0 250,000 Program increase ...... [250,000] TOTAL SHIPBUILDING AND CONVERSION, NAVY ...... 21,871,437 23,126,937

OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 SURFACE POWER EQUIPMENT ...... 19,700 19,700 GENERATORS 3 SURFACE COMBATANT HM&E ...... 23,495 23,495 NAVIGATION EQUIPMENT 4 OTHER NAVIGATION EQUIPMENT ...... 63,330 73,330 Accelerate ECDIS-N 9.3, 9.4, 9.5 implementation ...... [10,000] OTHER SHIPBOARD EQUIPMENT 5 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ...... 178,421 178,421 6 DDG MOD...... 487,999 487,999 7 FIREFIGHTING EQUIPMENT...... 28,143 28,143 8 COMMAND AND CONTROL SWITCHBOARD ...... 2,248 2,248 9 LHA/LHD MIDLIFE...... 37,694 37,694 10 POLLUTION CONTROL EQUIPMENT ...... 20,883 20,883 11 SUBMARINE SUPPORT EQUIPMENT ...... 37,155 37,155 12 VIRGINIA CLASS SUPPORT EQUIPMENT ...... 66,328 66,328 13 LCS CLASS SUPPORT EQUIPMENT ...... 47,241 47,241 14 SUBMARINE BATTERIES...... 27,987 27,987 15 LPD CLASS SUPPORT EQUIPMENT ...... 65,033 65,033 16 DDG 1000 CLASS SUPPORT EQUIPMENT ...... 89,700 51,300 Procurement early to need ...... [–38,400] 17 STRATEGIC PLATFORM SUPPORT EQUIP ...... 22,254 22,254 18 DSSP EQUIPMENT...... 3,629 3,629 19 CG MODERNIZATION...... 276,446 276,446 20 LCAC ...... 3,709 3,709 21 UNDERWATER EOD PROGRAMS ...... 78,807 78,807 22 ITEMS LESS THAN $5 MILLION ...... 126,865 101,865 Insufficient justification for CVN–78 in-service requirements ...... [–25,000] 23 CHEMICAL WARFARE DETECTORS ...... 2,966 2,966 24 SUBMARINE LIFE SUPPORT SYSTEM ...... 11,968 11,968 REACTOR PLANT EQUIPMENT 25 REACTOR POWER UNITS ...... 346,325 346,325 26 REACTOR COMPONENTS...... 497,063 497,063 OCEAN ENGINEERING 27 DIVING AND SALVAGE EQUIPMENT ...... 10,706 10,706 SMALL BOATS 28 STANDARD BOATS...... 49,771 49,771 PRODUCTION FACILITIES EQUIPMENT 29 OPERATING FORCES IPE ...... 225,181 225,181 OTHER SHIP SUPPORT 31 LCS COMMON MISSION MODULES EQUIPMENT ...... 46,732 46,732 32 LCS MCM MISSION MODULES ...... 124,147 152,063 Transfer Cobra trainer from Line 53 ...... [8,616] Transfer Knifefish and UISS trainers from Line 52 ...... [19,300] 33 LCS ASW MISSION MODULES ...... 57,294 39,294 Excess procurement ahead of satisfactory testing ...... [–18,000] 34 LCS SUW MISSION MODULES ...... 26,006 14,506 Excess procurement ahead of satisfactory testing ...... [–11,500] 35 LCS IN-SERVICE MODERNIZATION ...... 70,526 70,526 LOGISTIC SUPPORT 36 LSD MIDLIFE & MODERNIZATION ...... 4,784 4,784 SHIP SONARS 37 SPQ–9B RADAR...... 20,309 20,309 38 AN/SQQ–89 SURF ASW COMBAT SYSTEM ...... 115,459 115,459

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

39 SSN ACOUSTIC EQUIPMENT ...... 318,189 318,189 40 UNDERSEA WARFARE SUPPORT EQUIPMENT ...... 10,134 10,134 ASW ELECTRONIC EQUIPMENT 41 SUBMARINE ACOUSTIC WARFARE SYSTEM ...... 23,815 23,815 42 SSTD ...... 11,277 6,277 AN/SLQ–32E contract delay ...... [–5,000] 43 FIXED SURVEILLANCE SYSTEM ...... 237,780 237,780 44 SURTASS ...... 57,872 57,872 ELECTRONIC WARFARE EQUIPMENT 45 AN/SLQ–32 ...... 420,344 420,344 RECONNAISSANCE EQUIPMENT 46 SHIPBOARD IW EXPLOIT ...... 220,883 220,883 47 AUTOMATED IDENTIFICATION SYSTEM (AIS) ...... 4,028 4,028 OTHER SHIP ELECTRONIC EQUIPMENT 48 COOPERATIVE ENGAGEMENT CAPABILITY ...... 44,173 38,173 Common Array Block antenna program delay ...... [–6,000] 49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...... 10,991 10,991 50 ATDLS ...... 34,526 34,526 51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ...... 3,769 3,769 52 MINESWEEPING SYSTEM REPLACEMENT ...... 35,709 16,409 Transfer Knifefish and UISS trainers to Line 32 ...... [–19,300] 53 SHALLOW WATER MCM ...... 8,616 0 Transfer Cobra trainer to Line 32 ...... [–8,616] 54 NAVSTAR GPS RECEIVERS (SPACE) ...... 10,703 10,703 55 AMERICAN FORCES RADIO AND TV SERVICE ...... 2,626 2,626 56 STRATEGIC PLATFORM SUPPORT EQUIP ...... 9,467 9,467 AVIATION ELECTRONIC EQUIPMENT 57 ASHORE ATC EQUIPMENT ...... 70,849 70,849 58 AFLOAT ATC EQUIPMENT ...... 47,890 47,890 59 ID SYSTEMS...... 26,163 26,163 60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( ...... 38,094 38,094 61 NAVAL MISSION PLANNING SYSTEMS ...... 11,966 11,966 OTHER SHORE ELECTRONIC EQUIPMENT 62 TACTICAL/MOBILE C4I SYSTEMS ...... 42,010 42,010 63 DCGS-N ...... 12,896 12,896 64 CANES ...... 423,027 423,027 65 RADIAC ...... 8,175 8,175 66 CANES-INTELL ...... 54,465 54,465 67 GPETE ...... 5,985 5,985 68 MASF ...... 5,413 5,413 69 INTEG COMBAT SYSTEM TEST FACILITY ...... 6,251 6,251 70 EMI CONTROL INSTRUMENTATION ...... 4,183 4,183 71 ITEMS LESS THAN $5 MILLION ...... 148,350 142,950 NGSSR installation funding early to need ...... [–5,400] SHIPBOARD COMMUNICATIONS 72 SHIPBOARD TACTICAL COMMUNICATIONS ...... 45,450 45,450 73 SHIP COMMUNICATIONS AUTOMATION ...... 105,087 105,087 74 COMMUNICATIONS ITEMS UNDER $5M ...... 41,123 41,123 SUBMARINE COMMUNICATIONS 75 SUBMARINE BROADCAST SUPPORT ...... 30,897 30,897 76 SUBMARINE COMMUNICATION EQUIPMENT ...... 78,580 78,580 SATELLITE COMMUNICATIONS 77 SATELLITE COMMUNICATIONS SYSTEMS ...... 41,205 41,205 78 NAVY MULTIBAND TERMINAL (NMT) ...... 113,885 113,885 SHORE COMMUNICATIONS 79 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ...... 4,292 4,292 CRYPTOGRAPHIC EQUIPMENT 80 INFO SYSTEMS SECURITY PROGRAM (ISSP) ...... 153,526 153,526 81 MIO INTEL EXPLOITATION TEAM ...... 951 951 CRYPTOLOGIC EQUIPMENT 82 CRYPTOLOGIC COMMUNICATIONS EQUIP ...... 14,209 17,009 SOUTHCOM CCO Sensor (2 suites) ...... [2,800] OTHER ELECTRONIC SUPPORT 86 COAST GUARD EQUIPMENT ...... 40,713 40,713 SONOBUOYS 88 SONOBUOYS—ALL TYPES...... 177,891 213,891 Navy UPL ...... [36,000] AIRCRAFT SUPPORT EQUIPMENT 89 WEAPONS RANGE SUPPORT EQUIPMENT ...... 93,864 93,864 90 AIRCRAFT SUPPORT EQUIPMENT ...... 111,724 111,724 91 ADVANCED ARRESTING GEAR (AAG) ...... 11,054 11,054 92 METEOROLOGICAL EQUIPMENT...... 21,072 21,072 93 DCRS/DPL ...... 656 656 94 AIRBORNE MINE COUNTERMEASURES ...... 11,299 11,299 95 LAMPS EQUIPMENT...... 594 594 96 AVIATION SUPPORT EQUIPMENT ...... 39,374 39,374 97 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ...... 35,405 35,405 SHIP GUN SYSTEM EQUIPMENT 98 SHIP GUN SYSTEMS EQUIPMENT ...... 5,337 5,337 SHIP MISSILE SYSTEMS EQUIPMENT 99 SHIP MISSILE SUPPORT EQUIPMENT ...... 213,090 213,090 100 TOMAHAWK SUPPORT EQUIPMENT ...... 92,890 92,890 FBM SUPPORT EQUIPMENT

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00172 Fmt 4624 Sfmt 8633 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4183

SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

101 STRATEGIC MISSILE SYSTEMS EQUIP ...... 271,817 271,817 ASW SUPPORT EQUIPMENT 102 SSN COMBAT CONTROL SYSTEMS ...... 129,501 129,501 103 ASW SUPPORT EQUIPMENT ...... 19,436 19,436 OTHER ORDNANCE SUPPORT EQUIPMENT 104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...... 14,258 14,258 105 ITEMS LESS THAN $5 MILLION ...... 5,378 5,378 OTHER EXPENDABLE ORDNANCE 106 SUBMARINE TRAINING DEVICE MODS ...... 65,543 65,543 107 SURFACE TRAINING EQUIPMENT ...... 230,425 230,425 CIVIL ENGINEERING SUPPORT EQUIPMENT 108 PASSENGER CARRYING VEHICLES ...... 4,867 4,867 109 GENERAL PURPOSE TRUCKS ...... 2,674 2,674 110 CONSTRUCTION & MAINTENANCE EQUIP ...... 20,994 20,994 111 FIRE FIGHTING EQUIPMENT ...... 17,189 17,189 112 TACTICAL VEHICLES...... 19,916 19,916 113 AMPHIBIOUS EQUIPMENT...... 7,400 7,400 114 POLLUTION CONTROL EQUIPMENT ...... 2,713 2,713 115 ITEMS UNDER $5 MILLION ...... 35,540 35,540 116 PHYSICAL SECURITY VEHICLES ...... 1,155 1,155 SUPPLY SUPPORT EQUIPMENT 117 SUPPLY EQUIPMENT...... 18,786 18,786 118 FIRST DESTINATION TRANSPORTATION ...... 5,375 5,375 119 SPECIAL PURPOSE SUPPLY SYSTEMS ...... 580,371 580,371 TRAINING DEVICES 120 TRAINING SUPPORT EQUIPMENT ...... 3,400 3,400 121 TRAINING AND EDUCATION EQUIPMENT ...... 24,283 24,283 COMMAND SUPPORT EQUIPMENT 122 COMMAND SUPPORT EQUIPMENT ...... 66,681 66,681 123 MEDICAL SUPPORT EQUIPMENT ...... 3,352 3,352 125 NAVAL MIP SUPPORT EQUIPMENT ...... 1,984 1,984 126 OPERATING FORCES SUPPORT EQUIPMENT ...... 15,131 15,131 127 C4ISR EQUIPMENT...... 3,576 3,576 128 ENVIRONMENTAL SUPPORT EQUIPMENT ...... 31,902 31,902 129 PHYSICAL SECURITY EQUIPMENT ...... 175,436 195,436 New Navy port waterborne security barriers increase ...... [20,000] 130 ENTERPRISE INFORMATION TECHNOLOGY ...... 25,393 25,393 OTHER 133 NEXT GENERATION ENTERPRISE SERVICE ...... 96,269 96,269 CLASSIFIED PROGRAMS ...... 15,681 15,681 CLASSIFIED PROGRAMS SPARES AND REPAIR PARTS 134 SPARES AND REPAIR PARTS ...... 326,838 326,838 TOTAL OTHER PROCUREMENT, NAVY ...... 9,414,355 9,373,855

PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 1 AAV7A1 PIP...... 156,249 78,149 Unjustified investment in a vehicle with low/limited combat utility ...... [–78,100] 2 AMPHIBIOUS COMBAT VEHICLE 1.1 ...... 167,478 167,478 3 LAV PIP...... 43,701 43,701 ARTILLERY AND OTHER WEAPONS 5 155MM LIGHTWEIGHT TOWED HOWITZER ...... 47,158 47,158 6 ARTILLERY WEAPONS SYSTEM ...... 134,246 134,246 7 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ...... 40,687 40,687 OTHER SUPPORT 8 MODIFICATION KITS...... 22,904 22,904 GUIDED MISSILES 9 GROUND BASED AIR DEFENSE ...... 18,334 18,334 10 ANTI-ARMOR MISSILE-JAVELIN...... 3,020 3,020 11 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ...... 13,760 13,760 12 ANTI-ARMOR MISSILE-TOW...... 59,702 59,702 COMMAND AND CONTROL SYSTEMS 13 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C ...... 35,467 35,467 REPAIR AND TEST EQUIPMENT 14 REPAIR AND TEST EQUIPMENT ...... 46,081 46,081 OTHER SUPPORT (TEL) 15 MODIFICATION KITS...... 971 971 COMMAND AND CONTROL SYSTEM (NON-TEL) 16 ITEMS UNDER $5 MILLION (COMM & ELEC) ...... 69,203 69,203 17 AIR OPERATIONS C2 SYSTEMS ...... 14,269 14,269 RADAR + EQUIPMENT (NON-TEL) 18 RADAR SYSTEMS...... 6,694 6,694 19 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...... 224,969 224,969 INTELL/COMM EQUIPMENT (NON-TEL) 21 GCSS-MC ...... 1,187 1,187 22 FIRE SUPPORT SYSTEM ...... 60,189 60,189 23 INTELLIGENCE SUPPORT EQUIPMENT ...... 73,848 73,848 25 UNMANNED AIR SYSTEMS (INTEL) ...... 3,848 3,848 26 DCGS-MC ...... 16,081 16,081 OTHER SUPPORT (NON-TEL) 30 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ...... 87,120 87,120 31 COMMON COMPUTER RESOURCES ...... 68,914 68,914

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

32 COMMAND POST SYSTEMS ...... 124,838 99,870 Operational limitations of NOTM ...... [–24,968] 33 RADIO SYSTEMS...... 279,680 279,680 34 COMM SWITCHING & CONTROL SYSTEMS ...... 36,649 36,649 35 COMM & ELEC INFRASTRUCTURE SUPPORT ...... 83,971 83,971 CLASSIFIED PROGRAMS ...... 3,626 3,626 CLASSIFIED PROGRAMS ADMINISTRATIVE VEHICLES 36 COMMERCIAL CARGO VEHICLES ...... 25,441 25,441 TACTICAL VEHICLES 37 MOTOR TRANSPORT MODIFICATIONS ...... 11,392 11,392 38 JOINT LIGHT TACTICAL VEHICLE ...... 607,011 607,011 39 FAMILY OF TACTICAL TRAILERS ...... 2,393 2,393 40 TRAILERS ...... 6,540 6,540 ENGINEER AND OTHER EQUIPMENT 41 ENVIRONMENTAL CONTROL EQUIP ASSORT ...... 496 496 42 TACTICAL FUEL SYSTEMS ...... 54 54 43 POWER EQUIPMENT ASSORTED ...... 21,062 21,062 44 AMPHIBIOUS SUPPORT EQUIPMENT ...... 5,290 5,290 45 EOD SYSTEMS...... 47,854 47,854 MATERIALS HANDLING EQUIPMENT 46 PHYSICAL SECURITY EQUIPMENT ...... 28,306 28,306 GENERAL PROPERTY 47 FIELD MEDICAL EQUIPMENT ...... 33,513 33,513 48 TRAINING DEVICES...... 52,040 41,632 Excess to need ...... [–10,408] 49 FAMILY OF CONSTRUCTION EQUIPMENT ...... 36,156 36,156 50 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ...... 606 606 OTHER SUPPORT 51 ITEMS LESS THAN $5 MILLION ...... 11,608 11,608 SPARES AND REPAIR PARTS 53 SPARES AND REPAIR PARTS ...... 25,804 25,804 TOTAL PROCUREMENT, MARINE CORPS ...... 2,860,410 2,746,934

AIRCRAFT PROCUREMENT, AIR FORCE TACTICAL FORCES 1 F–35 ...... 4,261,021 4,193,521 Program Realignment ...... [–67,500] 2 F–35 AP...... 406,000 406,000 18 O/A-X LIGHT ATTACK AIRCRAFT ...... 0 350,000 Procurement of OA-X aircraft and long lead materials ...... [350,000] OTHER COMBAT AIRCRAFT 3 C–135B ...... 222,176 222,176 TACTICAL AIRLIFT 4 KC–46A TANKER...... 2,559,911 2,312,011 Interim contractor support ...... [–102,700] Restore program accountability ...... [–145,200] OTHER AIRLIFT 5 C–130J ...... 35,858 35,858 6 HC–130J ...... 129,437 129,437 8 MC–130J ...... 770,201 770,201 9 MC–130J AP...... 218,000 218,000 HELICOPTERS 11 COMBAT RESCUE HELICOPTER ...... 680,201 680,201 MISSION SUPPORT AIRCRAFT 13 CIVIL AIR PATROL A/C ...... 2,719 2,719 OTHER AIRCRAFT 14 TARGET DRONES...... 139,053 139,053 15 COMPASS CALL MODS ...... 108,113 108,113 17 MQ–9 ...... 221,707 341,707 Increase to accelerate Advanced Battle Management System ...... [120,000] STRATEGIC AIRCRAFT 19 B–2A ...... 60,301 60,301 20 B–1B ...... 51,290 51,290 21 B–52 ...... 105,519 100,719 Air Force requested realignment ...... [–14,800] LRASM certification ...... [10,000] TACTICAL AIRCRAFT 23 A–10 ...... 98,720 163,720 Additional replacement wings ...... [65,000] 24 C–130J ...... 10,831 10,831 25 F–15 ...... 548,109 548,109 26 F–16 ...... 324,323 324,323 27 F–22A ...... 250,710 250,710 29 F–35 MODIFICATIONS...... 247,271 297,271 F–35A Modifications increase ...... [50,000] 30 F–15 EPAW...... 147,685 147,685 31 INCREMENT 3.2B...... 9,007 9,007 33 KC–46A TANKER...... 8,547 8,547 AIRLIFT AIRCRAFT 34 C–5 ...... 77,845 77,845 36 C–17A ...... 102,121 102,121 37 C–21 ...... 17,516 17,516

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

38 C–32A ...... 4,537 4,537 39 C–37A ...... 419 419 TRAINER AIRCRAFT 41 GLIDER MODS...... 137 137 42 T–6 ...... 22,550 22,550 43 T–1 ...... 21,952 21,952 44 T–38 ...... 70,623 70,623 OTHER AIRCRAFT 45 U–2 MODS...... 48,774 48,774 46 KC–10A (ATCA)...... 11,104 11,104 47 C–12 ...... 4,900 4,900 48 VC–25A MOD...... 36,938 36,938 49 C–40 ...... 251 251 50 C–130 ...... 22,094 96,094 T56 Series 3.5 Engine Enhancement packages ...... [74,000] 51 C–130J MODS...... 132,045 132,045 52 C–135 ...... 113,076 113,076 53 OC–135B ...... 5,913 5,913 54 COMPASS CALL MODS ...... 49,885 49,885 55 COMBAT FLIGHT INSPECTION (CFIN) ...... 499 499 56 RC–135 ...... 394,532 394,532 57 E–3 ...... 133,906 133,906 58 E–4 ...... 67,858 67,858 59 E–8 ...... 9,919 34,919 Central Computer upgrade design ...... [25,000] 60 AIRBORNE WARNING AND CNTR SYS (AWACS) 40/45 ...... 57,780 57,780 61 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ...... 14,293 14,293 62 H–1 ...... 2,940 2,940 63 H–60 ...... 55,466 55,466 64 RQ–4 MODS...... 23,715 23,715 65 HC/MC–130 MODIFICATIONS...... 37,754 37,754 66 OTHER AIRCRAFT...... 62,010 62,010 67 MQ–9 MODS...... 171,548 171,548 69 CV–22 MODS...... 60,416 60,416 AIRCRAFT SPARES AND REPAIR PARTS 70 INITIAL SPARES/REPAIR PARTS ...... 956,408 1,006,408 F–35A spares ...... [50,000] COMMON SUPPORT EQUIPMENT 71 AIRCRAFT REPLACEMENT SUPPORT EQUIP ...... 81,241 81,241 POST PRODUCTION SUPPORT 74 B–2A ...... 1,763 1,763 75 B–2B ...... 35,861 35,861 76 B–52 ...... 12,819 12,819 77 C–17A ...... 10,114 10,114 79 F–15 ...... 2,545 2,545 81 F–16 ...... 11,718 11,718 82 F–22A ...... 14,489 14,489 83 OTHER AIRCRAFT...... 9,928 9,928 84 RQ–4 POST PRODUCTION CHARGES ...... 40,641 40,641 INDUSTRIAL PREPAREDNESS 86 INDUSTRIAL RESPONSIVENESS...... 17,378 17,378 WAR CONSUMABLES 88 WAR CONSUMABLES...... 29,342 29,342 OTHER PRODUCTION CHARGES 89 OTHER PRODUCTION CHARGES ...... 1,502,386 1,502,386 CLASSIFIED PROGRAMS ...... 28,278 28,278 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ...... 16,206,937 16,620,737

MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC ...... 36,786 36,786 TACTICAL 2 JOINT AIR-SURFACE STANDOFF MISSILE ...... 430,708 430,708 3 LRASM0 ...... 44,185 54,385 Restore reduction ...... [10,200] 4 SIDEWINDER (AIM–9X)...... 121,253 121,253 5 AMRAAM ...... 337,886 337,886 6 PREDATOR HELLFIRE MISSILE ...... 113,765 113,765 7 SMALL DIAMETER BOMB ...... 105,034 105,034 8 SMALL DIAMETER BOMB II ...... 100,861 92,861 Unit price adjustment ...... [–8,000] INDUSTRIAL FACILITIES 9 INDUSTR’L PREPAREDNS/POL PREVENTION ...... 787 787 CLASS IV 10 ICBM FUZE MOD ...... 15,767 15,767 11 ICBM FUZE MOD AP ...... 4,100 4,100 12 MM III MODIFICATIONS ...... 129,199 129,199 13 AGM–65D MAVERICK...... 288 288 14 AIR LAUNCH CRUISE MISSILE (ALCM) ...... 47,632 47,632 MISSILE SPARES AND REPAIR PARTS 16 REPLEN SPARES/REPAIR PARTS ...... 97,481 97,481 SPECIAL PROGRAMS 18 SPECIAL UPDATE PROGRAMS ...... 188,539 188,539

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

CLASSIFIED PROGRAMS ...... 895,183 895,183 TOTAL MISSILE PROCUREMENT, AIR FORCE ...... 2,669,454 2,671,654

SPACE PROCUREMENT, AIR FORCE SPACE PROGRAMS 1 ADVANCED EHF...... 29,829 29,829 2 AF SATELLITE COMM SYSTEM ...... 35,400 35,400 3 COUNTERSPACE SYSTEMS...... 1,121 1,121 4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ...... 27,867 27,867 5 WIDEBAND GAPFILLER SATELLITES(SPACE) ...... 61,606 61,606 6 GENERAL INFORMATION TECH—SPACE ...... 3,425 3,425 7 GPS III SPACE SEGMENT ...... 69,386 69,386 8 GLOBAL POSTIONING (SPACE) ...... 2,181 2,181 9 INTEG BROADCAST SERV ...... 16,445 16,445 10 SPACEBORNE EQUIP (COMSEC) ...... 31,895 31,895 12 MILSATCOM ...... 11,265 11,265 13 EVOLVED EXPENDABLE LAUNCH CAPABILITY ...... 709,981 709,981 14 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...... 994,555 994,555 15 SBIR HIGH (SPACE) ...... 138,397 138,397 17 NUDET DETECTION SYSTEM ...... 7,705 7,705 18 ROCKET SYSTEMS LAUNCH PROGRAM ...... 47,609 47,609 19 SPACE FENCE...... 51,361 51,361 20 SPACE MODS...... 148,065 148,065 21 SPACELIFT RANGE SYSTEM SPACE ...... 117,637 117,637 SPARES 22 SPARES AND REPAIR PARTS ...... 21,812 21,812 TOTAL SPACE PROCUREMENT, AIR FORCE ...... 2,527,542 2,527,542

PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS ...... 345,911 345,911 CARTRIDGES 2 CARTRIDGES ...... 163,840 163,840 BOMBS 3 PRACTICE BOMBS...... 20,876 20,876 4 GENERAL PURPOSE BOMBS ...... 259,308 259,308 5 MASSIVE ORDNANCE PENETRATOR (MOP) ...... 38,111 38,111 6 JOINT DIRECT ATTACK MUNITION ...... 234,198 234,198 7 B61 ...... 109,292 109,292 8 B61 AP...... 52,731 52,731 OTHER ITEMS 9 CAD/PAD ...... 51,455 51,455 10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ...... 6,038 6,038 11 SPARES AND REPAIR PARTS ...... 524 524 12 MODIFICATIONS ...... 1,270 1,270 13 ITEMS LESS THAN $5,000,000 ...... 4,604 4,604 FLARES 15 FLARES ...... 125,286 125,286 FUZES 16 FUZES ...... 109,358 109,358 SMALL ARMS 17 SMALL ARMS...... 64,502 64,502 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ...... 1,587,304 1,587,304

OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES ...... 6,949 6,949 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE ...... 36,002 36,002 3 CAP VEHICLES...... 1,022 1,022 4 CARGO AND UTILITY VEHICLES ...... 42,696 49,879 Procurement of 7 DABs for PACOM ...... [7,183] SPECIAL PURPOSE VEHICLES 5 JOINT LIGHT TACTICAL VEHICLE ...... 30,145 30,145 6 SECURITY AND TACTICAL VEHICLES ...... 1,230 3,903 Procurement of 7 DABs for PACOM ...... [2,673] 7 SPECIAL PURPOSE VEHICLES ...... 43,003 53,693 Procurement of 7 DABs for PACOM ...... [10,690] FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES ...... 23,328 32,308 Procurement of 7 DABs for PACOM ...... [8,980] MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES ...... 11,537 31,309 Procurement of 7 DABs for PACOM ...... [19,772] BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU ...... 37,600 40,353 Procurement of 7 DABs for PACOM ...... [2,753] 11 BASE MAINTENANCE SUPPORT VEHICLES ...... 104,923 104,923 COMM SECURITY EQUIPMENT(COMSEC) 12 COMSEC EQUIPMENT...... 114,372 114,372 INTELLIGENCE PROGRAMS 13 INTERNATIONAL INTEL TECH & ARCHITECTURES ...... 8,290 8,290 14 INTELLIGENCE TRAINING EQUIPMENT ...... 2,099 2,099

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

15 INTELLIGENCE COMM EQUIPMENT ...... 37,415 37,415 ELECTRONICS PROGRAMS 16 AIR TRAFFIC CONTROL & LANDING SYS ...... 57,937 57,937 18 BATTLE CONTROL SYSTEM—FIXED ...... 3,012 3,012 19 THEATER AIR CONTROL SYS IMPROVEMEN ...... 19,989 19,989 20 WEATHER OBSERVATION FORECAST ...... 45,020 45,020 21 STRATEGIC COMMAND AND CONTROL ...... 32,836 32,836 22 CHEYENNE MOUNTAIN COMPLEX ...... 12,454 12,454 23 MISSION PLANNING SYSTEMS ...... 14,263 14,263 25 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ...... 7,769 7,769 SPCL COMM-ELECTRONICS PROJECTS 26 GENERAL INFORMATION TECHNOLOGY ...... 40,450 40,450 27 AF GLOBAL COMMAND & CONTROL SYS ...... 6,619 6,619 28 MOBILITY COMMAND AND CONTROL ...... 10,192 10,192 29 AIR FORCE PHYSICAL SECURITY SYSTEM ...... 159,313 161,315 Procurement of 7 DABs for PACOM ...... [2,002] 30 COMBAT TRAINING RANGES ...... 132,675 132,675 31 MINIMUM ESSENTIAL EMERGENCY COMM N ...... 140,875 140,875 32 WIDE AREA SURVEILLANCE (WAS) ...... 92,104 92,104 33 C3 COUNTERMEASURES...... 45,152 45,152 34 GCSS-AF FOS...... 483 483 35 DEFENSE ENTERPRISE ACCOUNTING & MGT SYS ...... 802 802 36 MAINTENANCE REPAIR & OVERHAUL INITIATIVE ...... 12,207 12,207 37 THEATER BATTLE MGT C2 SYSTEM ...... 7,644 7,644 38 AIR & SPACE OPERATIONS CENTER (AOC) ...... 40,066 40,066 AIR FORCE COMMUNICATIONS 41 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ...... 22,357 22,357 42 AFNET ...... 102,836 102,836 43 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ...... 3,145 3,145 44 USCENTCOM ...... 13,194 13,194 ORGANIZATION AND BASE 45 TACTICAL C-E EQUIPMENT ...... 161,231 161,231 47 RADIO EQUIPMENT...... 12,142 12,142 48 CCTV/AUDIOVISUAL EQUIPMENT...... 6,505 6,505 49 BASE COMM INFRASTRUCTURE ...... 169,404 169,404 MODIFICATIONS 50 COMM ELECT MODS ...... 10,654 10,654 PERSONAL SAFETY & RESCUE EQUIP 51 PERSONAL SAFETY AND RESCUE EQUIPMENT ...... 51,906 51,906 DEPOT PLANT+MTRLS HANDLING EQ 52 MECHANIZED MATERIAL HANDLING EQUIP ...... 88,298 88,298 BASE SUPPORT EQUIPMENT 53 BASE PROCURED EQUIPMENT ...... 17,031 17,031 54 ENGINEERING AND EOD EQUIPMENT ...... 82,635 82,635 55 MOBILITY EQUIPMENT...... 9,549 9,549 56 BASE MAINTENANCE AND SUPPORT EQUIPMENT ...... 24,005 48,048 Procurement of 7 DABs for PACOM ...... [24,043] SPECIAL SUPPORT PROJECTS 58 DARP RC135...... 26,262 26,262 59 DCGS-AF ...... 448,290 448,290 61 SPECIAL UPDATE PROGRAM ...... 913,813 913,813 CLASSIFIED PROGRAMS ...... 17,258,069 17,258,069 CLASSIFIED PROGRAMS SPARES AND REPAIR PARTS 63 SPARES AND REPAIR PARTS ...... 86,365 86,365 TOTAL OTHER PROCUREMENT, AIR FORCE ...... 20,890,164 20,968,260

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, OSD 43 MAJOR EQUIPMENT, OSD ...... 35,295 35,295 MAJOR EQUIPMENT, NSA 42 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ...... 5,403 5,403 MAJOR EQUIPMENT, WHS 46 MAJOR EQUIPMENT, WHS ...... 497 497 MAJOR EQUIPMENT, DISA 7 INFORMATION SYSTEMS SECURITY ...... 21,590 41,590 Sharkseer ...... [20,000] 8 TELEPORT PROGRAM...... 33,905 33,905 9 ITEMS LESS THAN $5 MILLION ...... 27,886 27,886 10 NET CENTRIC ENTERPRISE SERVICES (NCES) ...... 1,017 1,017 11 DEFENSE INFORMATION SYSTEM NETWORK ...... 150,674 150,674 13 WHITE HOUSE COMMUNICATION AGENCY ...... 94,610 94,610 14 SENIOR LEADERSHIP ENTERPRISE ...... 197,246 197,246 15 JOINT REGIONAL SECURITY STACKS (JRSS) ...... 140,338 140,338 16 JOINT SERVICE PROVIDER ...... 107,182 87,682 General reduction ...... [–19,500] MAJOR EQUIPMENT, DLA 18 MAJOR EQUIPMENT...... 5,225 5,225 MAJOR EQUIPMENT, DSS 21 MAJOR EQUIPMENT...... 1,196 1,196 MAJOR EQUIPMENT, DCAA 1 ITEMS LESS THAN $5 MILLION ...... 2,542 2,542 MAJOR EQUIPMENT, TJS

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

44 MAJOR EQUIPMENT, TJS ...... 4,360 4,360 45 MAJOR EQUIPMENT, TJS—CE2T2 ...... 904 904 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 26 THAAD ...... 874,068 874,068 27 GROUND BASED MIDCOURSE ...... 409,000 409,000 28 GROUND BASED MIDCOURSE AP ...... 115,000 115,000 29 AEGIS BMD...... 593,488 593,488 30 AEGIS BMD AP ...... 115,206 115,206 31 BMDS AN/TPY–2 RADARS ...... 13,185 13,185 32 ISRAELI PROGRAMS...... 80,000 80,000 33 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ...... 50,000 50,000 34 AEGIS ASHORE PHASE III ...... 15,000 15,000 35 IRON DOME...... 70,000 70,000 36 AEGIS BMD HARDWARE AND SOFTWARE ...... 97,057 97,057 MAJOR EQUIPMENT, DHRA 3 PERSONNEL ADMINISTRATION...... 10,630 10,630 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 23 VEHICLES ...... 207 207 24 OTHER MAJOR EQUIPMENT ...... 5,592 5,592 MAJOR EQUIPMENT, DODEA 20 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ...... 1,723 1,723 MAJOR EQUIPMENT, DCMA 2 MAJOR EQUIPMENT...... 3,873 3,873 MAJOR EQUIPMENT, DMACT 19 MAJOR EQUIPMENT...... 13,106 13,106 CLASSIFIED PROGRAMS ...... 589,691 589,691 CLASSIFIED PROGRAMS AVIATION PROGRAMS 50 ROTARY WING UPGRADES AND SUSTAINMENT ...... 148,351 148,351 51 UNMANNED ISR...... 57,708 57,708 52 NON-STANDARD AVIATION...... 18,731 18,731 53 U–28 ...... 32,301 32,301 54 MH–47 CHINOOK...... 131,033 131,033 55 CV–22 MODIFICATION...... 32,529 32,529 56 MQ–9 UNMANNED AERIAL VEHICLE ...... 24,621 24,621 57 PRECISION STRIKE PACKAGE ...... 226,965 226,965 58 AC/MC–130J ...... 165,813 165,813 59 C–130 MODIFICATIONS...... 80,274 80,274 SHIPBUILDING 60 UNDERWATER SYSTEMS...... 136,723 136,723 AMMUNITION PROGRAMS 61 ORDNANCE ITEMS <$5M ...... 357,742 357,742 OTHER PROCUREMENT PROGRAMS 62 INTELLIGENCE SYSTEMS...... 85,699 85,699 63 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 17,863 17,863 64 OTHER ITEMS <$5M ...... 112,117 112,117 65 COMBATANT CRAFT SYSTEMS ...... 7,313 7,313 66 SPECIAL PROGRAMS...... 14,026 14,026 67 TACTICAL VEHICLES...... 88,608 88,608 68 WARRIOR SYSTEMS <$5M ...... 438,590 438,590 69 COMBAT MISSION REQUIREMENTS ...... 19,408 19,408 70 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 6,281 6,281 71 OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 18,509 18,509 73 OPERATIONAL ENHANCEMENTS...... 367,433 367,433 CBDP 74 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...... 166,418 166,418 75 CB PROTECTION & HAZARD MITIGATION ...... 144,519 144,519 TOTAL PROCUREMENT, DEFENSE-WIDE ...... 6,786,271 6,786,771

JOINT URGENT OPERATIONAL NEEDS FUND JOINT URGENT OPERATIONAL NEEDS FUND 1 JOINT URGENT OPERATIONAL NEEDS FUND ...... 100,025 100,025 TOTAL JOINT URGENT OPERATIONAL NEEDS FUND ...... 100,025 100,025

TOTAL PROCUREMENT ...... 130,526,043 131,998,763

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

AIRCRAFT PROCUREMENT, ARMY FIXED WING 3 MQ–1 UAV...... 60,000 60,000 ROTARY 11 UH–60 BLACKHAWK M MODEL (MYP) ...... 21,246 21,246 14 CH–47 HELICOPTER...... 25,000 25,000 MODIFICATION OF AIRCRAFT 17 MQ–1 PAYLOAD (MIP) ...... 11,400 11,400 19 GRAY EAGLE MODS2 ...... 32,000 32,000 20 MULTI SENSOR ABN RECON (MIP) ...... 51,000 51,000

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

32 RQ–7 UAV MODS ...... 50,868 50,868 33 UAS MODS...... 3,402 3,402 GROUND SUPPORT AVIONICS 36 CMWS ...... 84,387 84,387 37 COMMON INFRARED COUNTERMEASURES (CIRCM) ...... 24,060 24,060 TOTAL AIRCRAFT PROCUREMENT, ARMY ...... 363,363 363,363

MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 2 MSE MISSILE...... 260,000 260,000 AIR-TO-SURFACE MISSILE SYSTEM 5 HELLFIRE SYS SUMMARY ...... 255,040 255,040 ANTI-TANK/ASSAULT MISSILE SYS 8 JAVELIN (AAWS-M) SYSTEM SUMMARY ...... 31,120 31,120 11 GUIDED MLRS ROCKET (GMLRS) ...... 624,500 624,500 13 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ...... 171,138 171,138 14 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ...... 112,973 112,973 MODIFICATIONS 16 ATACMS MODS...... 225,580 225,580 21 MLRS MODS...... 122,000 122,000 TOTAL MISSILE PROCUREMENT, ARMY ...... 1,802,351 1,802,351

PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 BRADLEY PROGRAM...... 205,000 205,000 2 ARMORED MULTI PURPOSE VEHICLE (AMPV) ...... 230,359 230,359 MODIFICATION OF TRACKED COMBAT VEHICLES 6 BRADLEY PROGRAM (MOD) ...... 50,000 50,000 8 PALADIN INTEGRATED MANAGEMENT (PIM) ...... 67,000 67,000 9 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...... 42,354 42,354 14 M1 ABRAMS TANK (MOD) ...... 34,000 34,000 15 ABRAMS UPGRADE PROGRAM ...... 455,000 455,000 WEAPONS & OTHER COMBAT VEHICLES 18 M240 MEDIUM MACHINE GUN (7.62MM) ...... 126 126 22 MORTAR SYSTEMS...... 11,842 11,842 25 CARBINE ...... 1,800 1,800 27 COMMON REMOTELY OPERATED WEAPONS STATION ...... 3,378 3,378 MOD OF WEAPONS AND OTHER COMBAT VEH 32 M2 50 CAL MACHINE GUN MODS ...... 4,920 4,920 34 M240 MEDIUM MACHINE GUN MODS ...... 7 7 SUPPORT EQUIPMENT & FACILITIES 39 ITEMS LESS THAN $5.0M (WOCV-WTCV) ...... 1,397 1,397 TOTAL PROCUREMENT OF W&TCV, ARMY ...... 1,107,183 1,107,183

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES ...... 3,392 3,392 2 CTG, 7.62MM, ALL TYPES ...... 40 40 3 CTG, HANDGUN, ALL TYPES ...... 17 17 4 CTG, .50 CAL, ALL TYPES ...... 189 189 5 CTG, 20MM, ALL TYPES ...... 1,605 1,605 7 CTG, 30MM, ALL TYPES ...... 25,000 25,000 MORTAR AMMUNITION 9 60MM MORTAR, ALL TYPES ...... 218 218 10 81MM MORTAR, ALL TYPES ...... 484 484 ARTILLERY AMMUNITION 14 ARTILLERY PROJECTILE, 155MM, ALL TYPES ...... 79,400 79,400 15 PROJ 155MM EXTENDED RANGE M982 ...... 72,985 72,985 16 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ...... 63,900 63,900 ROCKETS 18 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ...... 22,242 22,242 19 ROCKET, HYDRA 70, ALL TYPES ...... 39,974 39,974 OTHER AMMUNITION 21 DEMOLITION MUNITIONS, ALL TYPES ...... 5 5 22 GRENADES, ALL TYPES ...... 8 8 MISCELLANEOUS 27 ITEMS LESS THAN $5 MILLION (AMMO) ...... 66 66 TOTAL PROCUREMENT OF AMMUNITION, ARMY ...... 309,525 309,525

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 2 SEMITRAILERS, FLATBED:...... 8,000 8,000 3 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ...... 20,770 20,770 10 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...... 115,400 115,400 12 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ...... 6,682 6,682 13 TACTICAL WHEELED VEHICLE PROTECTION KITS ...... 50,000 50,000 14 MODIFICATION OF IN SVC EQUIP ...... 186,377 186,377 COMM—SATELLITE COMMUNICATIONS 28 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ...... 7,100 7,100 COMM—COMBAT COMMUNICATIONS 37 JOINT TACTICAL RADIO SYSTEM ...... 1,560 1,560 42 TRACTOR RIDE...... 13,190 13,190 45 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ...... 9,549 9,549

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

47 COTS COMMUNICATIONS EQUIPMENT ...... 22,000 22,000 COMM—INTELLIGENCE COMM 50 CI AUTOMATION ARCHITECTURE (MIP) ...... 9,800 9,800 INFORMATION SECURITY 55 COMMUNICATIONS SECURITY (COMSEC) ...... 3 3 COMM—LONG HAUL COMMUNICATIONS 59 BASE SUPPORT COMMUNICATIONS ...... 690 690 COMM—BASE COMMUNICATIONS 60 INFORMATION SYSTEMS...... 8,750 8,750 63 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...... 60,337 60,337 ELECT EQUIP—TACT INT REL ACT (TIARA) 68 DCGS-A (MIP)...... 37,806 37,806 70 TROJAN (MIP)...... 6,926 6,926 71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ...... 2,011 2,011 75 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ...... 5,370 5,370 ELECT EQUIP—ELECTRONIC WARFARE (EW) 80 CREW ...... 42,651 42,651 81 FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) ...... 20,050 20,050 82 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES...... 12,974 12,974 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 85 NIGHT VISION DEVICES ...... 463 463 86 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ...... 2,861 2,861 87 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ...... 60 60 88 RADIATION MONITORING SYSTEMS ...... 11 11 90 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ...... 251,062 251,062 91 FAMILY OF WEAPON SIGHTS (FWS) ...... 525 525 94 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ...... 26,146 26,146 96 MOD OF IN-SVC EQUIP (LLDR) ...... 4,050 4,050 97 COMPUTER BALLISTICS: LHMBC XM32 ...... 960 960 98 MORTAR FIRE CONTROL SYSTEM ...... 7,660 7,660 99 COUNTERFIRE RADARS...... 165,200 165,200 ELECT EQUIP—AUTOMATION 112 AUTOMATED DATA PROCESSING EQUIP ...... 28,475 28,475 CHEMICAL DEFENSIVE EQUIPMENT 121 PROTECTIVE SYSTEMS...... 27 27 122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ...... 20,200 20,200 123 BASE DEFENSE SYSTEMS (BDS) ...... 39,200 39,200 124 CBRN DEFENSE...... 2,317 2,317 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ...... 16,000 16,000 130 AREA MINE DETECTION SYSTEM (AMDS) ...... 1 1 132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ...... 4,850 4,850 136 REMOTE DEMOLITION SYSTEMS ...... 1 1 COMBAT SERVICE SUPPORT EQUIPMENT 139 HEATERS AND ECU’S ...... 270 270 141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...... 4,300 4,300 142 GROUND SOLDIER SYSTEM ...... 1,725 1,725 144 FORCE PROVIDER...... 55,800 55,800 145 FIELD FEEDING EQUIPMENT ...... 1,035 1,035 146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ...... 1,980 1,980 MEDICAL EQUIPMENT 151 COMBAT SUPPORT MEDICAL ...... 17,527 17,527 MAINTENANCE EQUIPMENT 153 ITEMS LESS THAN $5.0M (MAINT EQ) ...... 268 268 CONSTRUCTION EQUIPMENT 159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ...... 25,700 25,700 GENERATORS 165 GENERATORS AND ASSOCIATED EQUIP ...... 569 569 TEST MEASURE AND DIG EQUIPMENT (TMD) 174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ...... 9,495 9,495 OTHER SUPPORT EQUIPMENT 176 M25 STABILIZED BINOCULAR ...... 33 33 177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...... 18,000 18,000 178 PHYSICAL SECURITY SYSTEMS (OPA3) ...... 6,000 6,000 179 BASE LEVEL COMMON EQUIPMENT ...... 2,080 2,080 180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ...... 19,200 19,200 TOTAL OTHER PROCUREMENT, ARMY ...... 1,382,047 1,382,047

AIRCRAFT PROCUREMENT, NAVY OTHER AIRCRAFT 25 STUASL0 UAV...... 35,065 35,065 MODIFICATION OF AIRCRAFT 32 SH–60 SERIES...... 4,858 4,858 34 EP–3 SERIES...... 5,380 5,380 44 SPECIAL PROJECT AIRCRAFT ...... 2,165 2,165 49 COMMON ECM EQUIPMENT ...... 9,820 9,820 51 COMMON DEFENSIVE WEAPON SYSTEM ...... 3,206 3,206 61 QRC ...... 2,410 2,410 63 RQ–21 SERIES...... 17,215 17,215 TOTAL AIRCRAFT PROCUREMENT, NAVY ...... 80,119 80,119

WEAPONS PROCUREMENT, NAVY STRATEGIC MISSILES

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

3 TOMAHAWK ...... 82,800 Buy-back Tomahawk ...... [82,800] TACTICAL MISSILES 4 AMRAAM ...... 1,183 1,183 5 SIDEWINDER ...... 381 381 12 HELLFIRE ...... 1,530 1,530 15 AERIAL TARGETS...... 6,500 6,500 GUNS AND GUN MOUNTS 35 SMALL ARMS AND WEAPONS ...... 1,540 1,540 MODIFICATION OF GUNS AND GUN MOUNTS 38 GUN MOUNT MODS ...... 3,000 3,000 TOTAL WEAPONS PROCUREMENT, NAVY ...... 14,134 96,934

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS ...... 62,530 62,530 2 JDAM ...... 93,019 93,019 3 AIRBORNE ROCKETS, ALL TYPES ...... 2,163 2,163 4 MACHINE GUN AMMUNITION ...... 5,000 5,000 6 CARTRIDGES & CART ACTUATED DEVICES ...... 5,334 5,334 7 AIR EXPENDABLE COUNTERMEASURES ...... 36,580 36,580 8 JATOS ...... 747 747 11 OTHER SHIP GUN AMMUNITION ...... 2,538 2,538 13 PYROTECHNIC AND DEMOLITION ...... 1,807 1,807 15 AMMUNITION LESS THAN $5 MILLION ...... 2,229 229 Excess balances ...... [–2,000] MARINE CORPS AMMUNITION 19 MORTARS ...... 2,018 2,018 21 DIRECT SUPPORT MUNITIONS ...... 632 632 22 INFANTRY WEAPONS AMMUNITION ...... 779 779 26 COMBAT SUPPORT MUNITIONS ...... 164 164 29 ARTILLERY MUNITIONS...... 31,001 31,001 TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 246,541 244,541

OTHER PROCUREMENT, NAVY OTHER SHIPBOARD EQUIPMENT 21 UNDERWATER EOD PROGRAMS ...... 9,200 9,200 SMALL BOATS 28 STANDARD BOATS...... 19,060 19,060 ASW ELECTRONIC EQUIPMENT 43 FIXED SURVEILLANCE SYSTEM ...... 56,950 56,950 SATELLITE COMMUNICATIONS 77 SATELLITE COMMUNICATIONS SYSTEMS ...... 3,200 3,200 CRYPTOLOGIC EQUIPMENT 82 CRYPTOLOGIC COMMUNICATIONS EQUIP ...... 2,000 2,000 SONOBUOYS 88 SONOBUOYS—ALL TYPES...... 21,156 21,156 OTHER ORDNANCE SUPPORT EQUIPMENT 104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...... 33,580 33,580 CIVIL ENGINEERING SUPPORT EQUIPMENT 108 PASSENGER CARRYING VEHICLES ...... 170 170 109 GENERAL PURPOSE TRUCKS ...... 400 400 111 FIRE FIGHTING EQUIPMENT ...... 770 770 112 TACTICAL VEHICLES...... 7,298 7,298 SUPPLY SUPPORT EQUIPMENT 118 FIRST DESTINATION TRANSPORTATION ...... 500 500 COMMAND SUPPORT EQUIPMENT 123 MEDICAL SUPPORT EQUIPMENT ...... 6,500 6,500 128 ENVIRONMENTAL SUPPORT EQUIPMENT ...... 2,200 2,200 129 PHYSICAL SECURITY EQUIPMENT ...... 19,389 19,389 CLASSIFIED PROGRAMS ...... 4,800 4,800 TOTAL OTHER PROCUREMENT, NAVY ...... 187,173 187,173

PROCUREMENT, MARINE CORPS INTELL/COMM EQUIPMENT (NON-TEL) 22 FIRE SUPPORT SYSTEM ...... 5,583 5,583 TACTICAL VEHICLES 37 MOTOR TRANSPORT MODIFICATIONS ...... 44,440 44,440 ENGINEER AND OTHER EQUIPMENT 45 EOD SYSTEMS...... 8,000 8,000 TOTAL PROCUREMENT, MARINE CORPS ...... 58,023 58,023

AIRCRAFT PROCUREMENT, AIR FORCE OTHER AIRLIFT 6 HC–130J ...... 100,000 100,000 OTHER AIRCRAFT 17 MQ–9 ...... 339,740 339,740 18 RQ–20B PUMA...... 13,500 13,500 STRATEGIC AIRCRAFT 20 B–1B ...... 4,000 4,000 22 LARGE AIRCRAFT INFRARED COUNTERMEASURES ...... 149,778 149,778 TACTICAL AIRCRAFT 23 A–10 ...... 10,350 10,350

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

OTHER AIRCRAFT 45 U–2 MODS...... 7,900 7,900 54 COMPASS CALL MODS ...... 36,400 36,400 59 E–8 ...... 13,000 13,000 63 H–60 ...... 40,560 40,560 65 HC/MC–130 MODIFICATIONS...... 87,900 87,900 66 OTHER AIRCRAFT...... 53,731 53,731 68 MQ–9 UAS PAYLOADS ...... 16,000 16,000 AIRCRAFT SPARES AND REPAIR PARTS 70 INITIAL SPARES/REPAIR PARTS ...... 91,500 91,500 COMMON SUPPORT EQUIPMENT 71 AIRCRAFT REPLACEMENT SUPPORT EQUIP ...... 32,529 32,529 72 OTHER PRODUCTION CHARGES ...... 22,000 22,000 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ...... 1,018,888 1,018,888

MISSILE PROCUREMENT, AIR FORCE TACTICAL 2 JOINT AIR-SURFACE STANDOFF MISSILE ...... 61,600 84,400 Buy-back JASSM-ER ...... [22,800] 5 AMRAAM ...... 2,600 2,600 6 PREDATOR HELLFIRE MISSILE ...... 255,000 255,000 7 SMALL DIAMETER BOMB ...... 140,724 140,724 CLASS IV 13 AGM–65D MAVERICK...... 33,602 33,602 TOTAL MISSILE PROCUREMENT, AIR FORCE ...... 493,526 516,326

PROCUREMENT OF AMMUNITION, AIR FORCE CARTRIDGES 2 CARTRIDGES ...... 29,587 29,587 BOMBS 4 GENERAL PURPOSE BOMBS ...... 551,862 551,862 6 JOINT DIRECT ATTACK MUNITION ...... 738,451 738,451 FLARES 15 FLARES ...... 12,116 12,116 FUZES 16 FUZES ...... 81,000 81,000 SMALL ARMS 17 SMALL ARMS...... 8,500 8,500 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ...... 1,421,516 1,421,516

OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES ...... 9,680 9,680 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE ...... 9,680 9,680 4 CARGO AND UTILITY VEHICLES ...... 19,680 19,680 SPECIAL PURPOSE VEHICLES 6 SECURITY AND TACTICAL VEHICLES ...... 24,880 24,880 7 SPECIAL PURPOSE VEHICLES ...... 34,680 34,680 FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES ...... 9,736 9,736 MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES ...... 24,680 24,680 BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU ...... 9,680 9,680 11 BASE MAINTENANCE SUPPORT VEHICLES ...... 9,680 9,680 INTELLIGENCE PROGRAMS 15 INTELLIGENCE COMM EQUIPMENT ...... 6,156 6,156 ELECTRONICS PROGRAMS 16 AIR TRAFFIC CONTROL & LANDING SYS ...... 56,884 56,884 SPCL COMM-ELECTRONICS PROJECTS 29 AIR FORCE PHYSICAL SECURITY SYSTEM ...... 46,236 46,236 37 THEATER BATTLE MGT C2 SYSTEM ...... 2,500 2,500 ORGANIZATION AND BASE 45 TACTICAL C-E EQUIPMENT ...... 27,911 27,911 PERSONAL SAFETY & RESCUE EQUIP 51 PERSONAL SAFETY AND RESCUE EQUIPMENT ...... 13,600 13,600 BASE SUPPORT EQUIPMENT 53 BASE PROCURED EQUIPMENT ...... 28,800 28,800 54 ENGINEERING AND EOD EQUIPMENT ...... 53,500 53,500 55 MOBILITY EQUIPMENT...... 78,562 78,562 56 BASE MAINTENANCE AND SUPPORT EQUIPMENT ...... 28,055 28,055 SPECIAL SUPPORT PROJECTS 59 DCGS-AF ...... 2,000 2,000 CLASSIFIED PROGRAMS ...... 3,229,364 3,229,364 TOTAL OTHER PROCUREMENT, AIR FORCE ...... 3,725,944 3,725,944

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DISA 8 TELEPORT PROGRAM...... 3,800 3,800 17 DEFENSE INFORMATION SYSTEMS NETWORK ...... 12,000 12,000 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 25 COUNTER IED & IMPROVISED THREAT TECHNOLOGIES ...... 5,534 5,534

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

CLASSIFIED PROGRAMS ...... 41,559 41,559 CLASSIFIED PROGRAMS AVIATION PROGRAMS 47 MANNED ISR...... 5,000 5,000 48 MC–12 ...... 5,000 5,000 49 MH–60 BLACKHAWK...... 27,600 27,600 51 UNMANNED ISR...... 17,000 17,000 52 NON-STANDARD AVIATION...... 13,000 13,000 53 U–28 ...... 51,722 51,722 54 MH–47 CHINOOK...... 36,500 36,500 AMMUNITION PROGRAMS 61 ORDNANCE ITEMS <$5M ...... 100,850 100,850 OTHER PROCUREMENT PROGRAMS 62 INTELLIGENCE SYSTEMS...... 16,500 16,500 64 OTHER ITEMS <$5M ...... 7,700 7,700 67 TACTICAL VEHICLES...... 59,891 59,891 68 WARRIOR SYSTEMS <$5M ...... 21,135 21,135 69 COMBAT MISSION REQUIREMENTS ...... 10,000 10,000 71 OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 10,805 10,805 73 OPERATIONAL ENHANCEMENTS...... 126,539 126,539 TOTAL PROCUREMENT, DEFENSE-WIDE ...... 572,135 572,135

TOTAL PROCUREMENT ...... 12,782,468 12,886,068

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 11,585 11,585 2 0601102A DEFENSE RESEARCH SCIENCES ...... 276,912 289,412 Basic research increase ...... [7,500] Quantum information sciences ...... [5,000] 3 0601103A UNIVERSITY RESEARCH INITIATIVES ...... 65,283 65,283 4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...... 92,115 97,115 Basic research program increase ...... [5,000] SUBTOTAL BASIC RESEARCH ...... 445,895 463,395

APPLIED RESEARCH 5 0602105A MATERIALS TECHNOLOGY...... 28,600 28,600 6 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ...... 32,366 37,366 Program increase ...... [5,000] 7 0602122A TRACTOR HIP...... 8,674 8,674 8 0602126A TRACTOR JACK...... 400 400 9 0602211A AVIATION TECHNOLOGY...... 64,847 59,847 Mission systems / engine and drives coordination ...... [–5,000] 10 0602270A ELECTRONIC WARFARE TECHNOLOGY ...... 25,571 25,571 11 0602303A MISSILE TECHNOLOGY...... 50,183 50,183 12 0602307A ADVANCED WEAPONS TECHNOLOGY ...... 29,502 29,502 13 0602308A ADVANCED CONCEPTS AND SIMULATION ...... 28,500 38,500 Pilot for cyber modeling and simulation ...... [10,000] 14 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ...... 70,450 70,450 15 0602618A BALLISTICS TECHNOLOGY...... 75,541 75,541 16 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...... 5,032 5,032 17 0602623A JOINT SERVICE SMALL ARMS PROGRAM ...... 12,394 12,394 18 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ...... 40,444 42,944 Advanced warheads technology ...... [2,500] 19 0602705A ELECTRONICS AND ELECTRONIC DEVICES ...... 58,283 58,283 20 0602709A NIGHT VISION TECHNOLOGY ...... 29,582 29,582 21 0602712A COUNTERMINE SYSTEMS...... 21,244 21,244 22 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 24,131 26,631 General program increase ...... [2,500] 23 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...... 13,242 13,242 24 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ...... 55,003 50,003 General Program Reduction ...... [–5,000] 25 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ...... 14,958 14,958 26 0602784A MILITARY ENGINEERING TECHNOLOGY ...... 78,159 78,159 27 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY...... 21,862 21,862 28 0602786A WARFIGHTER TECHNOLOGY...... 40,566 40,566 29 0602787A MEDICAL TECHNOLOGY...... 90,075 90,075 SUBTOTAL APPLIED RESEARCH ...... 919,609 929,609

ADVANCED TECHNOLOGY DEVELOPMENT 30 0603001A WARFIGHTER ADVANCED TECHNOLOGY ...... 39,338 39,338 31 0603002A MEDICAL ADVANCED TECHNOLOGY ...... 62,496 62,496 32 0603003A AVIATION ADVANCED TECHNOLOGY ...... 124,958 119,958 Platform design and structures systems ...... [–5,000] 33 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...... 102,686 122,686

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

Accelerate ERCA gun ...... [20,000] 34 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...... 119,739 192,239 Modular scalable powertrain ...... [2,500] Prototype Next Generation Combat Vehicle ...... [70,000] 35 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY ...... 13,000 13,000 36 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ...... 8,044 8,044 37 0603009A TRACTOR HIKE...... 22,631 22,631 38 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...... 25,682 25,682 40 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ...... 3,762 3,762 41 0603130A TRACTOR NAIL...... 4,896 4,896 42 0603131A TRACTOR EGGS...... 6,041 6,041 43 0603270A ELECTRONIC WARFARE TECHNOLOGY ...... 31,491 31,491 44 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ...... 61,132 61,132 45 0603322A TRACTOR CAGE...... 16,845 16,845 46 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 183,322 188,322 Program increase ...... [5,000] 47 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ...... 11,104 11,104 48 0603607A JOINT SERVICE SMALL ARMS PROGRAM ...... 5,885 5,885 49 0603710A NIGHT VISION ADVANCED TECHNOLOGY ...... 61,376 61,376 50 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ...... 9,136 9,136 51 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ...... 25,864 38,864 Minor MILCON ...... [8,000] Program increase ...... [5,000] 52 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ...... 34,883 37,383 PNT research ...... [2,500] 53 0603794A C3 ADVANCED TECHNOLOGY ...... 52,387 47,387 General program decrease ...... [–5,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 1,026,698 1,129,698

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 54 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION ...... 10,777 10,777 56 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ...... 42,802 42,802 57 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 45,254 45,254 58 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV ...... 22,700 22,700 59 0603639A TANK AND MEDIUM CALIBER AMMUNITION ...... 41,974 55,974 Army UPL: Test and evaluation of M999 155mm ...... [14,000] 60 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV ...... 119,395 119,395 61 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 8,746 8,746 62 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ...... 35,667 43,667 ISR capabilities to support long range field artillery ...... [8,000] 63 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ...... 7,350 7,350 64 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ...... 14,749 14,749 65 0603790A NATO RESEARCH AND DEVELOPMENT ...... 3,687 3,687 66 0603801A AVIATION—ADV DEV...... 10,793 10,793 67 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ...... 14,248 14,248 68 0603807A MEDICAL SYSTEMS—ADV DEV ...... 34,284 34,284 69 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ...... 18,044 18,044 70 0604017A ROBOTICS DEVELOPMENT...... 95,660 95,660 71 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING ...... 38,000 38,000 72 0604100A ANALYSIS OF ALTERNATIVES ...... 9,765 9,765 73 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) ...... 12,393 12,393 74 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR ...... 120,374 120,374 75 0604115A TECHNOLOGY MATURATION INITIATIVES ...... 95,347 95,347 76 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ...... 95,085 95,085 77 0604118A TRACTOR BEAM...... 52,894 52,894 79 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING ...... 77,939 77,939 80 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) ...... 51,030 81,030 Accelerate delivery and capacity for IFPC ...... [30,000] 81 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT ...... 65,817 70,817 Army Cyber Center of Excellence ...... [5,000] 82 1206120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) ...... 146,300 146,300 83 1206308A ARMY SPACE SYSTEMS INTEGRATION ...... 38,319 38,319 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 1,329,393 1,386,393

SYSTEM DEVELOPMENT & DEMONSTRATION 84 0604201A AIRCRAFT AVIONICS...... 32,293 32,293 85 0604270A ELECTRONIC WARFARE DEVELOPMENT ...... 78,699 78,699 88 0604328A TRACTOR CAGE...... 17,050 17,050 89 0604601A INFANTRY SUPPORT WEAPONS ...... 83,155 83,155 90 0604604A MEDIUM TACTICAL VEHICLES ...... 3,704 3,704 91 0604611A JAVELIN ...... 10,623 10,623 92 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ...... 11,950 11,950 93 0604633A AIR TRAFFIC CONTROL ...... 12,347 12,347 95 0604642A LIGHT TACTICAL WHEELED VEHICLES ...... 8,212 8,212 96 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV ...... 393,613 318,613 Mobile Protected Firepower decrease ...... [–75,000] 97 0604710A NIGHT VISION SYSTEMS—ENG DEV ...... 139,614 139,614 98 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...... 4,507 4,507 99 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ...... 49,436 49,436 100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV ...... 95,172 95,172 101 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ...... 22,628 22,628 102 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ...... 13,297 13,297 103 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ...... 9,145 9,145

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

104 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ...... 9,894 9,894 105 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ...... 21,964 21,964 106 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...... 49,288 49,288 107 0604802A WEAPONS AND MUNITIONS—ENG DEV ...... 183,100 183,100 108 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ...... 79,706 79,706 109 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ...... 15,970 15,970 110 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV ...... 44,542 44,542 111 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ...... 50,817 50,817 112 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ...... 178,693 178,693 113 0604820A RADAR DEVELOPMENT...... 39,338 39,338 114 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ...... 37,851 37,851 115 0604823A FIREFINDER ...... 45,473 45,473 116 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ...... 10,395 10,395 117 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD ...... 69,204 78,204 Suite of Vehicle Protection Systems ...... [9,000] 118 0604854A ARTILLERY SYSTEMS—EMD...... 1,781 1,781 119 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ...... 113,758 113,758 120 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ...... 166,603 166,603 121 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ...... 118,239 118,239 122 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE CAPABILITY (IGSSR-C) ...... 3,211 3,211 123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ...... 15,889 15,889 124 0605031A JOINT TACTICAL NETWORK (JTN) ...... 41,972 41,972 125 0605032A TRACTOR TIRE...... 41,166 41,166 126 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY (GBOSS-E) ...... 5,175 5,175 127 0605034A TACTICAL SECURITY SYSTEM (TSS) ...... 4,496 4,496 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ...... 51,178 51,178 129 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) ...... 11,311 11,311 131 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE ...... 17,154 17,154 132 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ...... 36,626 36,626 133 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) ...... 3,829 3,829 134 0605047A CONTRACT WRITING SYSTEM ...... 41,928 0 Duplication concern in contract writing systems ...... [–41,928] 135 0605049A MISSILE WARNING SYSTEM MODERNIZATION (MWSM) ...... 28,276 28,276 136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ...... 21,965 21,965 137 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 ...... 157,710 157,710 138 0605053A GROUND ROBOTICS...... 86,167 86,167 139 0605054A EMERGING TECHNOLOGY INITIATIVES ...... 42,866 42,866 140 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) ...... 15,984 15,984 141 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 11,773 11,773 142 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ...... 277,607 277,607 143 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ...... 12,340 12,340 144 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH ...... 2,686 2,686 145 0605830A AVIATION GROUND SUPPORT EQUIPMENT ...... 2,706 2,706 147 0303032A TROJAN—RH12 ...... 4,521 4,521 150 0304270A ELECTRONIC WARFARE DEVELOPMENT ...... 8,922 8,922 151 1205117A TRACTOR BEARS...... 23,170 23,170 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 3,192,689 3,084,761

RDT&E MANAGEMENT SUPPORT 152 0604256A THREAT SIMULATOR DEVELOPMENT ...... 12,835 12,835 153 0604258A TARGET SYSTEMS DEVELOPMENT ...... 12,135 12,135 154 0604759A MAJOR T&E INVESTMENT ...... 82,996 107,996 Program increase ...... [25,000] 155 0605103A RAND ARROYO CENTER ...... 19,821 19,821 156 0605301A ARMY KWAJALEIN ATOLL ...... 246,574 246,574 157 0605326A CONCEPTS EXPERIMENTATION PROGRAM ...... 30,430 30,430 159 0605601A ARMY TEST RANGES AND FACILITIES ...... 305,759 320,759 Increase to help manage directed energy workloads ...... [15,000] 160 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ...... 62,379 62,379 161 0605604A SURVIVABILITY/LETHALITY ANALYSIS...... 40,496 40,496 162 0605606A AIRCRAFT CERTIFICATION...... 3,941 3,941 163 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ...... 9,767 9,767 164 0605706A MATERIEL SYSTEMS ANALYSIS ...... 21,226 21,226 165 0605709A EXPLOITATION OF FOREIGN ITEMS ...... 13,026 13,026 166 0605712A SUPPORT OF OPERATIONAL TESTING ...... 52,718 52,718 167 0605716A ARMY EVALUATION CENTER ...... 57,049 57,049 168 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...... 2,801 2,801 169 0605801A PROGRAMWIDE ACTIVITIES...... 60,942 60,942 170 0605803A TECHNICAL INFORMATION ACTIVITIES ...... 29,050 29,050 171 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ...... 42,332 42,332 172 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 3,216 3,216 173 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA ...... 54,145 54,145 174 0606001A MILITARY GROUND-BASED CREW TECHNOLOGY ...... 4,896 4,896 175 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE ...... 63,011 63,011 176 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION ...... 2,636 2,636 177 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 88,300 88,300 SUBTOTAL RDT&E MANAGEMENT SUPPORT ...... 1,322,481 1,362,481

9999999999 CLASSIFIED PROGRAMS...... 5,955 5,955 OPERATIONAL SYSTEMS DEVELOPMENT 181 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...... 8,886 8,886 182 0603813A TRACTOR PULL...... 4,067 4,067 183 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ...... 4,254 4,254

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS ...... 16,022 16,022 185 0607133A TRACTOR SMOKE...... 4,577 4,577 186 0607134A LONG RANGE PRECISION FIRES (LRPF) ...... 186,475 186,475 187 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ...... 31,049 31,049 188 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM ...... 35,240 35,240 189 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ...... 157,822 157,822 190 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM ...... 4,189 4,189 191 0607139A IMPROVED TURBINE ENGINE PROGRAM ...... 192,637 192,637 194 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT ...... 60,860 60,860 195 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS ...... 52,019 52,019 196 0607665A FAMILY OF BIOMETRICS ...... 2,400 2,400 197 0607865A PATRIOT PRODUCT IMPROVEMENT ...... 65,369 65,369 198 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ...... 1 1 199 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) ...... 30,954 30,954 200 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ...... 411,927 411,927 202 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS ...... 40,676 40,676 203 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS ...... 17,706 17,706 204 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 146 146 205 0203758A DIGITIZATION ...... 6,316 6,316 206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 1,643 1,643 207 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS ...... 4,947 4,947 208 0203808A TRACTOR CARD...... 34,050 34,050 210 0205410A MATERIALS HANDLING EQUIPMENT ...... 1,464 1,464 211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV ...... 249 249 212 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM ...... 79,283 79,283 213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) ...... 154,102 154,102 216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 12,280 12,280 217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ...... 68,533 68,533 218 0303141A GLOBAL COMBAT SUPPORT SYSTEM ...... 68,619 68,619 220 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 2,034 2,034 223 0305172A COMBINED ADVANCED APPLICATIONS ...... 1,500 1,500 224 0305179A INTEGRATED BROADCAST SERVICE (IBS) ...... 450 450 225 0305204A TACTICAL UNMANNED AERIAL VEHICLES ...... 6,000 6,000 226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ...... 12,416 12,416 227 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 38,667 38,667 229 0305232A RQ–11 UAV...... 6,180 6,180 230 0305233A RQ–7 UAV...... 12,863 12,863 231 0307665A BIOMETRICS ENABLED INTELLIGENCE ...... 4,310 4,310 233 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ...... 53,958 53,958 234 1203142A SATCOM GROUND ENVIRONMENT (SPACE) ...... 12,119 12,119 235 1208053A JOINT TACTICAL GROUND SYSTEM ...... 7,400 7,400 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 1,922,614 1,922,614

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 10,159,379 10,278,951

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES ...... 119,433 124,433 Basic research program increase ...... [5,000] 2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 19,237 19,237 3 0601153N DEFENSE RESEARCH SCIENCES ...... 458,708 468,708 Basic research program increase ...... [5,000] Quantum information sciences ...... [5,000] SUBTOTAL BASIC RESEARCH ...... 597,378 612,378

APPLIED RESEARCH 4 0602114N POWER PROJECTION APPLIED RESEARCH ...... 14,643 17,143 Directed energy ...... [2,500] 5 0602123N FORCE PROTECTION APPLIED RESEARCH ...... 124,049 124,049 6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...... 59,607 59,607 7 0602235N COMMON PICTURE APPLIED RESEARCH ...... 36,348 36,348 8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...... 56,197 48,697 ONR global growth ...... [–7,500] 9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ...... 83,800 83,800 10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ...... 42,998 42,998 11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ...... 6,349 6,349 12 0602747N UNDERSEA WARFARE APPLIED RESEARCH ...... 58,049 78,049 General program increase ...... [20,000] 13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ...... 147,771 147,771 14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ...... 37,545 37,545 15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH ...... 159,697 164,697 Directed energy and electronic warfare/unmanned and autonomous systems ...... [5,000] 16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES ...... 64,418 64,418 SUBTOTAL APPLIED RESEARCH ...... 891,471 911,471

ADVANCED TECHNOLOGY DEVELOPMENT 19 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 2,423 2,423 21 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 150,245 140,245 Unjustified growth ...... [–10,000] 22 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ...... 13,313 13,313 23 0603671N NAVY ADVANCED TECHNOLOGY DEVELOPMENT (ATD) ...... 131,502 131,502 24 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ...... 232,996 232,996 25 0603680N MANUFACTURING TECHNOLOGY PROGRAM ...... 58,657 58,657

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

30 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT ...... 161,859 166,359 DE & EW/unmanned and autonomous systems ...... [4,500] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 750,995 745,495

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 31 0603207N AIR/OCEAN TACTICAL APPLICATIONS ...... 29,747 29,747 32 0603216N AVIATION SURVIVABILITY...... 7,050 7,050 33 0603251N AIRCRAFT SYSTEMS...... 793 793 34 0603254N ASW SYSTEMS DEVELOPMENT ...... 7,058 7,058 35 0603261N TACTICAL AIRBORNE RECONNAISSANCE ...... 3,540 3,540 36 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ...... 59,741 62,241 Locust/HCUS/INP Transition ...... [2,500] 37 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 62,727 36,727 Barracuda EDMs ahead of PDR and CDR ...... [–26,000] 38 0603506N SURFACE SHIP TORPEDO DEFENSE ...... 8,570 8,570 39 0603512N CARRIER SYSTEMS DEVELOPMENT ...... 5,440 5,440 40 0603525N PILOT FISH...... 162,222 162,222 41 0603527N RETRACT LARCH...... 11,745 11,745 42 0603536N RETRACT JUNIPER...... 114,265 114,265 43 0603542N RADIOLOGICAL CONTROL...... 740 740 44 0603553N SURFACE ASW...... 1,122 1,122 45 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 109,086 112,586 Advanced submarine propulsion development ...... [3,500] 46 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ...... 9,374 9,374 47 0603563N SHIP CONCEPT ADVANCED DESIGN ...... 89,419 107,419 CHAMP acceleration ...... [18,000] 48 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...... 13,348 13,348 49 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...... 256,137 256,137 50 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ...... 22,109 22,109 51 0603576N CHALK EAGLE...... 29,744 29,744 52 0603581N LITTORAL COMBAT SHIP (LCS) ...... 27,997 27,997 53 0603582N COMBAT SYSTEM INTEGRATION ...... 16,351 16,351 54 0603595N OHIO REPLACEMENT...... 514,846 514,846 55 0603596N LCS MISSION MODULES ...... 103,633 133,033 Project 2552: Align with deferred LCS–6 SSMM test ...... [–5,000] Transfer from PE 64028N ...... [16,700] Transfer from PE 64126N ...... [10,100] Transfer from PE 64127N ...... [7,600] 56 0603597N AUTOMATED TEST AND ANALYSIS ...... 7,931 7,931 57 0603599N FRIGATE DEVELOPMENT...... 134,772 134,772 58 0603609N CONVENTIONAL MUNITIONS...... 9,307 9,307 60 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ...... 1,828 1,828 61 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 43,148 43,148 62 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ...... 5,915 5,915 63 0603721N ENVIRONMENTAL PROTECTION...... 19,811 19,811 64 0603724N NAVY ENERGY PROGRAM ...... 25,656 25,656 65 0603725N FACILITIES IMPROVEMENT...... 5,301 5,301 66 0603734N CHALK CORAL...... 267,985 267,985 67 0603739N NAVY LOGISTIC PRODUCTIVITY ...... 4,059 4,059 68 0603746N RETRACT MAPLE...... 377,878 377,878 69 0603748N LINK PLUMERIA...... 381,770 381,770 70 0603751N RETRACT ELM...... 60,535 60,535 73 0603790N NATO RESEARCH AND DEVELOPMENT ...... 9,652 9,652 74 0603795N LAND ATTACK TECHNOLOGY ...... 15,529 0 Program delay and no GLGP EMD FYDP funding ...... [–15,529] 75 0603851M JOINT NON-LETHAL WEAPONS TESTING ...... 27,581 27,581 76 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 101,566 101,566 77 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 223,344 223,344 78 0604014N F/A–18 INFRARED SEARCH AND TRACK (IRST) ...... 108,700 132,700 IRST block II risk reduction ...... [24,000] 79 0604027N DIGITAL WARFARE OFFICE ...... 26,691 26,691 80 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES ...... 16,717 0 Transfer to PE 63596N ...... [–16,717] 81 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES ...... 30,187 30,187 82 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION...... 48,796 48,796 83 0604031N LARGE UNMANNED UNDERSEA VEHICLES ...... 92,613 71,413 Early to need ...... [–21,200] 84 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) ...... 58,121 58,121 86 0604126N LITTORAL AIRBORNE MCM ...... 17,622 7,522 Transfer to PE 63596N ...... [–10,100] 87 0604127N SURFACE MINE COUNTERMEASURES ...... 18,154 10,554 Transfer to PE 63596N ...... [–7,600] 88 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ...... 47,278 47,278 90 0604289M NEXT GENERATION LOGISTICS ...... 11,081 11,081 92 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ...... 7,107 7,107 93 0604454N LX (R)...... 5,549 5,549 94 0604536N ADVANCED UNDERSEA PROTOTYPING ...... 87,669 87,669 95 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ...... 132,818 132,818 96 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT ...... 7,230 7,230 97 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ...... 143,062 143,062 99 0303354N ASW SYSTEMS DEVELOPMENT—MIP ...... 8,889 8,889 100 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM ...... 25,291 25,291 101 0304240N ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM ...... 9,300 9,300

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ...... 466 466 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 4,293,713 4,273,967

SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT ...... 12,798 12,798 104 0604212N OTHER HELO DEVELOPMENT ...... 32,128 32,128 105 0604214M AV–8B AIRCRAFT—ENG DEV ...... 46,363 30,163 Lacks operational justification/need ...... [–16,200] 107 0604215N STANDARDS DEVELOPMENT...... 3,771 3,771 108 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ...... 16,611 16,611 109 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ...... 17,368 17,368 110 0604221N P–3 MODERNIZATION PROGRAM ...... 2,134 2,134 111 0604230N WARFARE SUPPORT SYSTEM ...... 9,729 9,729 112 0604231N TACTICAL COMMAND SYSTEM ...... 57,688 57,688 113 0604234N ADVANCED HAWKEYE...... 223,565 223,565 114 0604245M H–1 UPGRADES...... 58,097 58,097 116 0604261N ACOUSTIC SEARCH SENSORS ...... 42,485 42,485 117 0604262N V–22A ...... 143,079 143,079 118 0604264N AIR CREW SYSTEMS DEVELOPMENT ...... 20,980 30,980 Increase to advance aircrew physiological monitoring ...... [10,000] 119 0604269N EA–18 ...... 147,419 242,719 UPL—EA–18G Advanced Modes / Cognitive EW ...... [95,300] 120 0604270N ELECTRONIC WARFARE DEVELOPMENT ...... 89,824 121,424 UPL—EA–18G Offensive Airborne Electronic Attack Special Mission Pod ...... [31,600] 121 0604273M EXECUTIVE HELO DEVELOPMENT ...... 245,064 245,064 123 0604274N NEXT GENERATION JAMMER (NGJ) ...... 459,529 459,529 124 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ...... 3,272 3,272 125 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II ...... 115,253 115,253 126 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 397,403 397,403 127 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...... 939 50,939 Mk 41 VLS integration ...... [50,000] 128 0604329N SMALL DIAMETER BOMB (SDB) ...... 104,448 104,448 129 0604366N STANDARD MISSILE IMPROVEMENTS ...... 165,881 184,881 Navy UPL: SM–6 Blk 1B 21″ rocket motor ...... [19,000] 130 0604373N AIRBORNE MCM...... 10,831 10,831 131 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING ...... 33,429 33,429 132 0604501N ADVANCED ABOVE WATER SENSORS ...... 35,635 35,635 133 0604503N SSN–688 AND TRIDENT MODERNIZATION ...... 126,932 126,932 134 0604504N AIR CONTROL...... 62,448 62,448 135 0604512N SHIPBOARD AVIATION SYSTEMS ...... 9,710 9,710 136 0604518N COMBAT INFORMATION CENTER CONVERSION ...... 19,303 19,303 137 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM ...... 27,059 27,059 138 0604530N ADVANCED ARRESTING GEAR (AAG) ...... 184,106 184,106 139 0604558N NEW DESIGN SSN ...... 148,233 148,233 140 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ...... 60,824 60,824 141 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...... 60,062 66,062 Planning to support FY21 award of LHA–9 ...... [6,000] 142 0604574N NAVY TACTICAL COMPUTER RESOURCES ...... 4,642 4,642 144 0604601N MINE DEVELOPMENT...... 25,756 25,756 145 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...... 95,147 95,147 146 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 7,107 7,107 147 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ...... 6,539 6,539 148 0604727N JOINT STANDOFF WEAPON SYSTEMS ...... 441 441 149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 180,391 180,391 150 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ...... 178,538 178,538 151 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 120,507 120,507 152 0604761N INTELLIGENCE ENGINEERING...... 29,715 29,715 153 0604771N MEDICAL DEVELOPMENT...... 8,095 8,095 154 0604777N NAVIGATION/ID SYSTEM...... 121,026 121,026 155 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ...... 66,566 66,566 156 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ...... 65,494 65,494 159 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ...... 14,005 14,005 160 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ...... 268,567 178,467 Duplication concern in contract writing systems ...... [–26,300] Lengthy delivery timelines for Navy Personnel and Pay System ...... [–63,800] 161 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ...... 5,618 5,618 162 0605212M CH–53K RDTE...... 326,945 326,945 164 0605215N MISSION PLANNING...... 32,714 32,714 165 0605217N COMMON AVIONICS...... 51,486 51,486 166 0605220N SHIP TO SHORE CONNECTOR (SSC) ...... 1,444 1,444 167 0605327N T-AO 205 CLASS ...... 1,298 1,298 168 0605414N UNMANNED CARRIER AVIATION (UCA) ...... 718,942 718,942 169 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 6,759 6,759 171 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ...... 37,296 37,296 172 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III ...... 160,389 160,389 173 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION ...... 98,223 98,223 174 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION ...... 2,260 2,260 175 0204202N DDG–1000 ...... 161,264 161,264 180 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ...... 44,098 44,098 182 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ...... 6,808 6,808 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 6,042,480 6,148,080

MANAGEMENT SUPPORT

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

183 0604256N THREAT SIMULATOR DEVELOPMENT ...... 94,576 94,576 184 0604258N TARGET SYSTEMS DEVELOPMENT ...... 10,981 10,981 185 0604759N MAJOR T&E INVESTMENT ...... 77,014 77,014 186 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 48 48 187 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ...... 3,942 3,942 188 0605154N CENTER FOR NAVAL ANALYSES ...... 48,797 48,797 189 0605285N NEXT GENERATION FIGHTER ...... 5,000 5,000 191 0605804N TECHNICAL INFORMATION SERVICES ...... 1,029 1,029 192 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ...... 87,565 78,565 Insufficient budget justification ...... [–9,000] 193 0605856N STRATEGIC TECHNICAL SUPPORT ...... 4,231 4,231 194 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ...... 1,072 1,072 195 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...... 97,471 97,471 196 0605864N TEST AND EVALUATION SUPPORT ...... 373,834 373,834 197 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ...... 21,554 21,554 198 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 16,227 16,227 200 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...... 24,303 24,303 201 0605898N MANAGEMENT HQ—R&D...... 43,262 43,262 202 0606355N WARFARE INNOVATION MANAGEMENT ...... 41,918 41,918 203 0606942M ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 7,000 7,000 204 0606942N ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 48,800 48,800 205 0305327N INSIDER THREAT...... 1,682 1,682 206 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) ...... 1,579 1,579 208 1206867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...... 8,684 8,684 SUBTOTAL MANAGEMENT SUPPORT ...... 1,020,569 1,011,569

9999999999 CLASSIFIED PROGRAMS...... 1,549,503 1,549,503 OPERATIONAL SYSTEMS DEVELOPMENT 210 0604227N HARPOON MODIFICATIONS...... 5,426 5,426 211 0604840M F–35 C2D2...... 259,122 259,122 212 0604840N F–35 C2D2...... 252,360 252,360 213 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ...... 130,515 130,515 214 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ...... 3,127 3,127 215 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...... 157,679 157,679 216 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ...... 43,198 43,198 217 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...... 11,311 11,311 218 0101402N NAVY STRATEGIC COMMUNICATIONS ...... 39,313 39,313 219 0204136N F/A–18 SQUADRONS...... 193,086 193,086 220 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ...... 25,014 25,014 221 0204228N SURFACE SUPPORT...... 11,661 11,661 222 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ...... 282,395 291,095 Restore MST to maintain 2020 IOC ...... [8,700] 223 0204311N INTEGRATED SURVEILLANCE SYSTEM ...... 36,959 71,959 Additional TRAPS units ...... [35,000] 224 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS ...... 15,454 15,454 225 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ...... 6,073 6,073 226 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...... 45,029 45,029 227 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 104,903 104,903 228 0204574N CRYPTOLOGIC DIRECT SUPPORT ...... 4,544 4,544 229 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ...... 66,889 66,889 230 0205601N HARM IMPROVEMENT...... 120,762 21,522 Cancel ER program ...... [–99,240] 231 0205604N TACTICAL DATA LINKS ...... 104,696 116,696 UPL—Tactical Targeting Network Technology acceleration ...... [12,000] 232 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 28,421 28,421 233 0205632N MK–48 ADCAP...... 94,155 94,155 234 0205633N AVIATION IMPROVEMENTS...... 121,805 136,805 UPL—F/A–18 E/F Super Hornet Engine Enhancements ...... [15,000] 235 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 117,028 117,028 236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ...... 174,779 174,779 237 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) ...... 4,826 4,826 238 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ...... 97,152 97,152 239 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 30,156 30,156 240 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ...... 39,976 39,976 241 0206629M AMPHIBIOUS ASSAULT VEHICLE ...... 22,637 0 Lacks operational justification/need ...... [–22,637] 242 0207161N TACTICAL AIM MISSILES ...... 40,121 40,121 243 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 32,473 32,473 249 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) ...... 23,697 23,697 250 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ...... 44,228 44,228 252 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ...... 6,081 6,081 253 0305204N TACTICAL UNMANNED AERIAL VEHICLES ...... 8,529 8,529 254 0305205N UAS INTEGRATION AND INTEROPERABILITY ...... 41,212 41,212 255 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 7,687 7,687 256 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 42,846 42,846 257 0305220N MQ–4C TRITON...... 14,395 14,395 258 0305231N MQ–8 UAV...... 9,843 9,843 259 0305232M RQ–11 UAV...... 524 524 260 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 5,360 5,360 261 0305239M RQ–21A ...... 10,914 10,914 262 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT ...... 81,231 81,231 263 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) ...... 5,956 5,956 264 0305421N RQ–4 MODERNIZATION...... 219,894 219,894

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

265 0308601N MODELING AND SIMULATION SUPPORT ...... 7,097 7,097 266 0702207N DEPOT MAINTENANCE (NON-IF) ...... 36,560 36,560 267 0708730N MARITIME TECHNOLOGY (MARITECH) ...... 7,284 7,284 268 1203109N SATELLITE COMMUNICATIONS (SPACE) ...... 39,174 39,174 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 4,885,060 4,833,883

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 18,481,666 18,536,843

RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES ...... 348,322 358,322 Basic research program increase ...... [5,000] Quantum information sciences ...... [5,000] 2 0601103F UNIVERSITY RESEARCH INITIATIVES ...... 154,991 154,991 3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 14,506 17,006 Directed energy research ...... [2,500] SUBTOTAL BASIC RESEARCH ...... 517,819 530,319

APPLIED RESEARCH 4 0602102F MATERIALS ...... 125,373 129,373 Advanced materials analysis ...... [4,000] 5 0602201F AEROSPACE VEHICLE TECHNOLOGIES ...... 130,547 135,547 High speed systems technology (hypersonic vehicle structures) ...... [5,000] 6 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...... 112,518 112,518 7 0602203F AEROSPACE PROPULSION...... 190,919 213,419 Affordable Responsive Modular Rocket ...... [15,000] Multi-mode propulsion ...... [3,000] Solid rocket motor produce on-demand ...... [2,000] Turbine engine technology ...... [2,500] 8 0602204F AEROSPACE SENSORS...... 166,534 159,034 General program reduction ...... [–7,500] 9 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES ...... 8,288 8,288 11 0602602F CONVENTIONAL MUNITIONS...... 112,841 112,841 12 0602605F DIRECTED ENERGY TECHNOLOGY ...... 141,898 145,898 Skywave technologies laboratory ...... [4,000] 13 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ...... 162,420 162,420 14 0602890F HIGH ENERGY LASER RESEARCH ...... 43,359 55,859 Directed energy research ...... [2,500] High powered microwave ...... [10,000] 15 1206601F SPACE TECHNOLOGY...... 117,645 123,645 Wargaming and simulator lab ...... [6,000] SUBTOTAL APPLIED RESEARCH ...... 1,312,342 1,358,842

ADVANCED TECHNOLOGY DEVELOPMENT 16 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ...... 34,426 31,926 General program reduction ...... [–5,000] Materials affordability ...... [2,500] 17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...... 15,150 16,150 Prevention/enhanced maintainability technologies ...... [1,000] 18 0603203F ADVANCED AEROSPACE SENSORS ...... 39,968 39,968 19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...... 121,002 131,002 Design/Manufacture aircraft aft body drag reduction devices ...... [10,000] 20 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ...... 115,462 139,462 General program increase ...... [9,000] Multi-mode propulsion ...... [5,000] Technology for the Sustainment of Strategic Systems ...... [10,000] 21 0603270F ELECTRONIC COMBAT TECHNOLOGY ...... 55,319 60,319 RF/EO/IR warning and countermeasures ...... [5,000] 22 0603401F ADVANCED SPACECRAFT TECHNOLOGY ...... 54,895 54,895 23 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...... 10,674 10,674 24 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ...... 36,463 36,463 25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ...... 194,981 194,981 26 0603605F ADVANCED WEAPONS TECHNOLOGY ...... 43,368 53,368 Demonstrator laser weapon system ...... [10,000] 27 0603680F MANUFACTURING TECHNOLOGY PROGRAM ...... 42,025 42,025 28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION ...... 51,064 51,064 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 814,797 862,297

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 30 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ...... 5,568 5,568 32 0603742F COMBAT IDENTIFICATION TECHNOLOGY ...... 18,194 18,194 33 0603790F NATO RESEARCH AND DEVELOPMENT ...... 2,305 2,305 35 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ...... 41,856 41,856 37 0604015F LONG RANGE STRIKE—BOMBER ...... 2,314,196 2,314,196 38 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT ...... 14,894 14,894 39 0604257F ADVANCED TECHNOLOGY AND SENSORS ...... 34,585 34,585 40 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP ...... 9,740 9,740 41 0604317F TECHNOLOGY TRANSFER...... 12,960 12,960 42 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM ...... 71,501 71,501 43 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ...... 62,618 62,618 46 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D ...... 28,350 38,350 Tanker prototype ...... [10,000] 48 0604858F TECH TRANSITION PROGRAM ...... 1,186,075 1,408,875

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00190 Fmt 4624 Sfmt 8633 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4201

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

Acceleration of Hypersonic Conventional Strike Weapon ...... [100,000] Low cost attritable aircraft prototype ...... [80,000] Rapid Sustainment Initiative ...... [42,800] 49 0605230F GROUND BASED STRATEGIC DETERRENT ...... 345,041 414,441 UPL program acceleration ...... [69,400] 50 0207110F NEXT GENERATION AIR DOMINANCE ...... 503,997 503,997 51 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) ...... 40,326 40,326 52 0208099F UNIFIED PLATFORM (UP) ...... 29,800 29,800 54 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) ...... 41,880 41,880 55 0305601F MISSION PARTNER ENVIRONMENTS ...... 10,074 10,074 56 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT ...... 253,825 253,825 57 0306415F ENABLED CYBER ACTIVITIES ...... 16,325 16,325 59 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM ...... 17,577 0 Duplication concern ...... [–17,577] 60 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 286,629 286,629 61 1203710F EO/IR WEATHER SYSTEMS ...... 7,940 7,940 62 1206422F WEATHER SYSTEM FOLLOW-ON ...... 138,052 138,052 63 1206425F SPACE SITUATION AWARENESS SYSTEMS ...... 39,338 39,338 64 1206434F MIDTERM POLAR MILSATCOM SYSTEM ...... 383,113 383,113 65 1206438F SPACE CONTROL TECHNOLOGY ...... 91,018 91,018 66 1206730F SPACE SECURITY AND DEFENSE PROGRAM ...... 45,542 45,542 67 1206760F PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) ...... 51,419 51,419 68 1206761F PROTECTED TACTICAL SERVICE (PTS) ...... 29,776 29,776 69 1206855F PROTECTED SATCOM SERVICES (PSCS)—AGGREGATED ...... 29,379 29,379 70 1206857F OPERATIONALLY RESPONSIVE SPACE ...... 366,050 316,050 Space RCO Solar Power Project—Early to need ...... [–50,000] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 6,529,943 6,764,566

SYSTEM DEVELOPMENT & DEMONSTRATION 71 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS ...... 39,602 39,602 72 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT ...... 58,531 58,531 73 0604222F NUCLEAR WEAPONS SUPPORT ...... 4,468 4,468 74 0604270F ELECTRONIC WARFARE DEVELOPMENT ...... 1,909 1,909 75 0604281F TACTICAL DATA NETWORKS ENTERPRISE ...... 207,746 257,746 Increase to accelerate 21st Century Battle Management Command and Control ...... [50,000] 76 0604287F PHYSICAL SECURITY EQUIPMENT ...... 14,421 14,421 77 0604329F SMALL DIAMETER BOMB (SDB)—EMD ...... 73,158 73,158 81 0604429F AIRBORNE ELECTRONIC ATTACK ...... 7,153 7,153 83 0604602F ARMAMENT/ORDNANCE DEVELOPMENT...... 58,590 58,590 84 0604604F SUBMUNITIONS ...... 2,990 2,990 85 0604617F AGILE COMBAT SUPPORT ...... 20,028 20,028 86 0604618F JOINT DIRECT ATTACK MUNITION ...... 15,787 15,787 87 0604706F LIFE SUPPORT SYSTEMS ...... 8,919 8,919 88 0604735F COMBAT TRAINING RANGES ...... 35,895 35,895 89 0604800F F–35—EMD ...... 69,001 69,001 90 0307581F JSTARS RECAP...... 0 50,000 Continue JSTARS recap GMTI radar development ...... [50,000] 91 0604932F LONG RANGE STANDOFF WEAPON ...... 614,920 699,920 UPL Program acceleration ...... [85,000] 92 0604933F ICBM FUZE MODERNIZATION ...... 172,902 172,902 97 0605221F KC–46 ...... 88,170 88,170 98 0605223F ADVANCED PILOT TRAINING ...... 265,465 265,465 99 0605229F COMBAT RESCUE HELICOPTER ...... 457,652 457,652 105 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT ...... 3,617 3,617 106 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM ...... 261,758 261,758 107 0101125F NUCLEAR WEAPONS MODERNIZATION ...... 91,907 91,907 108 0207171F F–15 EPAWSS...... 137,095 137,095 109 0207328F STAND IN ATTACK WEAPON ...... 43,175 43,175 110 0207423F ADVANCED COMMUNICATIONS SYSTEMS ...... 14,888 14,888 111 0207701F FULL COMBAT MISSION TRAINING ...... 1,015 1,015 116 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION ...... 7,943 7,943 117 0401319F PRESIDENTIAL AIRCRAFT RECAPITALIZATION (PAR) ...... 673,032 673,032 118 0701212F AUTOMATED TEST SYSTEMS ...... 13,653 13,653 119 1203176F COMBAT SURVIVOR EVADER LOCATOR ...... 939 939 120 1203269F GPS IIIC...... 451,889 451,889 121 1203940F SPACE SITUATION AWARENESS OPERATIONS ...... 46,668 46,668 122 1206421F COUNTERSPACE SYSTEMS...... 20,676 20,676 123 1206425F SPACE SITUATION AWARENESS SYSTEMS ...... 134,463 134,463 124 1206426F SPACE FENCE...... 20,215 20,215 125 1206431F ADVANCED EHF MILSATCOM (SPACE) ...... 151,506 151,506 126 1206432F POLAR MILSATCOM (SPACE) ...... 27,337 27,337 127 1206433F WIDEBAND GLOBAL SATCOM (SPACE) ...... 3,970 3,970 128 1206441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ...... 60,565 60,565 129 1206442F EVOLVED SBIRS...... 643,126 743,126 Accelerate sensor development ...... [100,000] 130 1206853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD ...... 245,447 245,447 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 5,272,191 5,557,191

MANAGEMENT SUPPORT 131 0604256F THREAT SIMULATOR DEVELOPMENT ...... 34,256 34,256 132 0604759F MAJOR T&E INVESTMENT ...... 91,844 106,844 Test infrastructure improvements ...... [15,000] 133 0605101F RAND PROJECT AIR FORCE ...... 34,614 34,614

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

135 0605712F INITIAL OPERATIONAL TEST & EVALUATION ...... 18,043 18,043 136 0605807F TEST AND EVALUATION SUPPORT ...... 692,784 692,784 137 0605826F ACQ WORKFORCE- GLOBAL POWER ...... 233,924 233,924 138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS ...... 263,488 263,488 139 0605828F ACQ WORKFORCE- GLOBAL REACH ...... 153,591 153,591 140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS ...... 232,315 232,315 141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT ...... 169,868 169,868 142 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION ...... 226,219 226,219 143 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY ...... 38,400 38,400 144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS ...... 125,761 125,761 147 0605898F MANAGEMENT HQ—R&D...... 10,642 10,642 148 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT ...... 162,216 162,216 149 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ...... 28,888 28,888 150 0606017F REQUIREMENTS ANALYSIS AND MATURATION ...... 35,285 35,285 153 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ...... 20,545 20,545 154 0702806F ACQUISITION AND MANAGEMENT SUPPORT ...... 12,367 12,367 155 0804731F GENERAL SKILL TRAINING ...... 1,448 1,448 157 1001004F INTERNATIONAL ACTIVITIES...... 3,998 3,998 158 1206116F SPACE TEST AND TRAINING RANGE DEVELOPMENT ...... 23,254 23,254 159 1206392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ...... 169,912 169,912 160 1206398F SPACE & MISSILE SYSTEMS CENTER—MHA ...... 10,508 10,508 161 1206860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 19,721 19,721 162 1206864F SPACE TEST PROGRAM (STP) ...... 25,620 25,620 SUBTOTAL MANAGEMENT SUPPORT ...... 2,839,511 2,854,511

9999999999 CLASSIFIED PROGRAMS...... 16,534,124 16,534,124 OPERATIONAL SYSTEMS DEVELOPMENT 165 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ...... 11,344 11,344 167 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ...... 47,287 13,141 Poor agile development implementation and lenghty delivery timeline ...... [–34,146] 168 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...... 32,770 32,770 169 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ...... 68,368 68,368 170 0605278F HC/MC–130 RECAP RDT&E ...... 32,574 32,574 171 0606018F NC3 INTEGRATION...... 26,112 26,112 172 0606942F ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 99,100 99,100 173 0101113F B–52 SQUADRONS...... 280,414 295,214 Air Force requested realignment ...... [14,800] 174 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ...... 5,955 5,955 175 0101126F B–1B SQUADRONS...... 76,030 76,030 176 0101127F B–2 SQUADRONS...... 105,561 105,561 177 0101213F MINUTEMAN SQUADRONS...... 156,047 156,047 179 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS ...... 10,442 10,442 180 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK ...... 22,833 22,833 181 0101328F ICBM REENTRY VEHICLES ...... 18,412 18,412 183 0102110F UH–1N REPLACEMENT PROGRAM ...... 288,022 288,022 184 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM ...... 9,252 9,252 186 0205219F MQ–9 UAV...... 115,345 115,345 188 0207131F A–10 SQUADRONS...... 26,738 26,738 189 0207133F F–16 SQUADRONS...... 191,564 191,564 190 0207134F F–15E SQUADRONS...... 192,883 192,883 191 0207136F MANNED DESTRUCTIVE SUPPRESSION ...... 15,238 15,238 192 0207138F F–22A SQUADRONS...... 603,553 603,553 193 0207142F F–35 SQUADRONS...... 549,501 549,501 194 0207161F TACTICAL AIM MISSILES ...... 37,230 37,230 195 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 61,393 61,393 196 0207227F COMBAT RESCUE—PARARESCUE...... 647 647 198 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ...... 14,891 14,891 199 0207253F COMPASS CALL...... 13,901 13,901 200 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 121,203 121,203 202 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...... 60,062 60,062 203 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...... 106,102 106,102 204 0207412F CONTROL AND REPORTING CENTER (CRC) ...... 6,413 6,413 205 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...... 120,664 130,664 Increase to accelerate 21st Century Battle Management Command and Control ...... [10,000] 206 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ...... 2,659 2,659 208 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...... 10,316 10,316 209 0207444F TACTICAL AIR CONTROL PARTY-MOD ...... 6,149 6,149 210 0207448F C2ISR TACTICAL DATA LINK ...... 1,738 1,738 211 0207452F DCAPES ...... 13,297 13,297 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS ...... 1,788 1,788 213 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) ...... 14,888 14,888 214 0207590F SEEK EAGLE...... 24,699 24,699 215 0207601F USAF MODELING AND SIMULATION ...... 17,078 17,078 216 0207605F WARGAMING AND SIMULATION CENTERS ...... 6,141 6,141 218 0207697F DISTRIBUTED TRAINING AND EXERCISES ...... 4,225 4,225 219 0208006F MISSION PLANNING SYSTEMS ...... 63,653 63,653 220 0208007F TACTICAL DECEPTION...... 6,949 6,949 221 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS ...... 40,526 40,526 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ...... 24,166 24,166 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) ...... 13,000 13,000 224 0208099F UNIFIED PLATFORM (UP) ...... 28,759 28,759 229 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) ...... 3,579 3,579 230 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) ...... 29,620 29,620

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

237 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS ...... 6,633 6,633 238 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ...... 57,758 57,758 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 99,088 99,088 241 0303133F HIGH FREQUENCY RADIO SYSTEMS ...... 51,612 51,612 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ...... 34,612 34,612 244 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE ...... 2,170 2,170 246 0304260F AIRBORNE SIGINT ENTERPRISE ...... 106,873 106,873 247 0304310F COMMERCIAL ECONOMIC ANALYSIS ...... 3,472 3,472 250 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES ...... 8,608 8,608 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY ...... 1,586 1,586 252 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...... 4,492 4,492 254 0305111F WEATHER SERVICE...... 26,942 26,942 255 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ...... 6,271 6,271 256 0305116F AERIAL TARGETS...... 8,383 8,383 259 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ...... 418 418 261 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 3,845 3,845 268 0305202F DRAGON U–2...... 48,518 48,518 270 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ...... 175,334 175,334 271 0305207F MANNED RECONNAISSANCE SYSTEMS ...... 14,223 14,223 272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 24,554 24,554 273 0305220F RQ–4 UAV...... 221,690 221,690 274 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ...... 14,288 14,288 275 0305238F NATO AGS...... 51,527 51,527 276 0305240F SUPPORT TO DCGS ENTERPRISE ...... 26,579 26,579 278 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES ...... 8,464 8,464 280 0305881F RAPID CYBER ACQUISITION ...... 4,303 4,303 284 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) ...... 2,466 2,466 285 0307577F INTELLIGENCE MISSION DATA (IMD) ...... 4,117 4,117 287 0401115F C–130 AIRLIFT SQUADRON ...... 105,988 105,988 288 0401119F C–5 AIRLIFT SQUADRONS (IF) ...... 25,071 25,071 289 0401130F C–17 AIRCRAFT (IF) ...... 48,299 48,299 290 0401132F C–130J PROGRAM...... 15,409 15,409 291 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ...... 4,334 4,334 292 0401218F KC–135S ...... 3,493 3,493 293 0401219F KC–10S ...... 6,569 6,569 294 0401314F OPERATIONAL SUPPORT AIRLIFT ...... 3,172 3,172 295 0401318F CV–22 ...... 18,502 18,502 296 0401840F AMC COMMAND AND CONTROL SYSTEM ...... 1,688 1,688 297 0408011F SPECIAL TACTICS / COMBAT CONTROL ...... 2,541 2,541 298 0702207F DEPOT MAINTENANCE (NON-IF) ...... 1,897 1,897 299 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM ...... 50,933 15,873 Poor agile development implementation ...... [–35,060] 300 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ...... 13,787 13,787 301 0708611F SUPPORT SYSTEMS DEVELOPMENT ...... 4,497 4,497 302 0804743F OTHER FLIGHT TRAINING ...... 2,022 2,022 303 0808716F OTHER PERSONNEL ACTIVITIES ...... 108 108 304 0901202F JOINT PERSONNEL RECOVERY AGENCY ...... 2,023 2,023 305 0901218F CIVILIAN COMPENSATION PROGRAM ...... 3,772 3,772 306 0901220F PERSONNEL ADMINISTRATION...... 6,358 6,358 307 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ...... 1,418 1,418 308 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ...... 99,734 87,918 Poor agile development implementation ...... [–11,816] 309 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES ...... 14,161 14,161 310 1202247F AF TENCAP...... 26,986 26,986 311 1203001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) ...... 80,168 80,168 312 1203110F SATELLITE CONTROL NETWORK (SPACE) ...... 17,808 17,808 314 1203165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) ...... 8,937 8,937 315 1203173F SPACE AND MISSILE TEST AND EVALUATION CENTER ...... 59,935 59,935 316 1203174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT ...... 21,019 21,019 317 1203179F INTEGRATED BROADCAST SERVICE (IBS) ...... 8,568 8,568 318 1203182F SPACELIFT RANGE SYSTEM (SPACE) ...... 10,641 10,641 319 1203265F GPS III SPACE SEGMENT ...... 144,543 144,543 320 1203400F SPACE SUPERIORITY INTELLIGENCE ...... 16,278 16,278 321 1203614F JSPOC MISSION SYSTEM ...... 72,256 62,256 Assumed cost savings ...... [–10,000] 322 1203620F NATIONAL SPACE DEFENSE CENTER ...... 42,209 42,209 325 1203913F NUDET DETECTION SYSTEM (SPACE) ...... 19,778 19,778 326 1203940F SPACE SITUATION AWARENESS OPERATIONS ...... 19,572 19,572 327 1206423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT ...... 513,235 513,235 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 22,891,740 22,825,518

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 40,178,343 40,753,244

RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH ...... 37,023 37,023 2 0601101E DEFENSE RESEARCH SCIENCES ...... 422,130 429,630 Basic research program increase ...... [5,000] Critical materials ...... [2,500] 3 0601110D8Z BASIC RESEARCH INITIATIVES ...... 42,702 52,702 Quantum information sciences ...... [5,000] University-lab research partnership ...... [5,000] 4 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ...... 47,825 57,825

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

TBI Treatment for blast injuries ...... [10,000] 5 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ...... 85,919 85,919 6 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS ...... 30,412 30,412 7 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 42,103 42,103 SUBTOTAL BASIC RESEARCH ...... 708,114 735,614

APPLIED RESEARCH 8 0602000D8Z JOINT MUNITIONS TECHNOLOGY ...... 19,170 21,670 Insensitive munitions ...... [2,500] 9 0602115E BIOMEDICAL TECHNOLOGY...... 101,300 101,300 11 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ...... 51,596 51,596 12 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES ...... 60,688 53,188 General program reduction ...... [–7,500] 13 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ...... 395,317 395,317 14 0602383E BIOLOGICAL WARFARE DEFENSE ...... 38,640 38,640 15 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 192,674 192,674 16 0602668D8Z CYBER SECURITY RESEARCH ...... 14,969 14,969 17 0602702E TACTICAL TECHNOLOGY...... 335,466 332,966 General program increase ...... [2,500] MAD-FIRES reduction ...... [–5,000] 18 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ...... 226,898 211,898 General program reduction ...... [–15,000] 19 0602716E ELECTRONICS TECHNOLOGY...... 333,847 333,847 20 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH ...... 161,151 161,151 21 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH ...... 9,300 9,300 22 1160401BB SOF TECHNOLOGY DEVELOPMENT ...... 35,921 35,921 SUBTOTAL APPLIED RESEARCH ...... 1,976,937 1,954,437

ADVANCED TECHNOLOGY DEVELOPMENT 23 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ...... 25,598 25,598 24 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...... 125,271 111,271 General program reduction ...... [–14,000] 25 0603133D8Z FOREIGN COMPARATIVE TESTING ...... 24,532 24,532 27 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT ...... 299,858 299,858 28 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT ...... 13,017 13,017 29 0603178C WEAPONS TECHNOLOGY...... 0 13,400 MDA UPL: Accelerate hypersonic missile defense ...... [13,400] 31 0603180C ADVANCED RESEARCH...... 20,365 42,565 Accelerate hypersonic missile defense ...... [22,200] 32 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ...... 18,644 18,644 34 0603286E ADVANCED AEROSPACE SYSTEMS ...... 277,603 282,603 Hypersonics weapons programs development and transition ...... [5,000] 35 0603287E SPACE PROGRAMS AND TECHNOLOGY ...... 254,671 364,671 Blackjack increase ...... [110,000] 36 0603288D8Z ANALYTIC ASSESSMENTS...... 19,472 19,472 37 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS ...... 37,263 37,263 38 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA ...... 13,621 13,621 39 0603294C COMMON KILL VEHICLE TECHNOLOGY ...... 189,753 189,753 40 0603342D8W DEFENSE INNOVATION UNIT EXPERIMENTAL (DIUX) ...... 29,364 29,864 Defense technology innovation ...... [500] 41 0603375D8Z TECHNOLOGY INNOVATION...... 83,143 103,143 Commercial SAR satellites ...... [20,000] 42 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT ...... 142,826 142,826 43 0603527D8Z RETRACT LARCH...... 161,128 161,128 44 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 12,918 12,918 45 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ...... 106,049 106,049 46 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...... 12,696 5,196 General program reduction ...... [–7,500] 47 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ...... 114,637 121,637 Enhancing cybersecurity for small vendors ...... [5,000] Eye protection system ...... [2,000] 48 0603680S MANUFACTURING TECHNOLOGY PROGRAM ...... 49,667 52,167 General program increase ...... [2,500] 49 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ...... 48,338 48,338 50 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ...... 11,778 12,778 General program increase ...... [1,000] 52 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...... 76,514 86,514 Readiness Increase ...... [10,000] 53 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ...... 168,931 173,931 Tunable filter, support for microelectronics development ...... [5,000] 54 0603727D8Z JOINT WARFIGHTING PROGRAM ...... 5,992 5,992 55 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 111,099 118,599 Support for the Electronics Resurgence Initiative ...... [7,500] 56 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ...... 185,984 185,984 57 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ...... 438,569 428,569 General program reduction ...... [–10,000] 58 0603767E SENSOR TECHNOLOGY...... 190,128 191,628 Sensors and processing systems technology ...... [1,500] 59 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT ...... 13,564 13,564 60 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...... 15,050 15,050 61 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...... 69,626 59,626 General program reduction ...... [–10,000] 62 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ...... 19,415 19,415

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00194 Fmt 4624 Sfmt 8633 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4205

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

63 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ...... 69,533 69,533 64 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 96,389 111,389 Hypersonics and directed energy test ...... [10,000] Workforce development ...... [5,000] 65 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ...... 40,582 50,582 Readiness Increase ...... [10,000] 66 0303310D8Z CWMD SYSTEMS...... 26,644 26,644 67 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...... 79,380 79,380 300 8888 NATIONAL SECURITY INNOVATION ACTIVITIES ...... 0 150,000 Establish office for capital investment ...... [150,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 3,699,612 4,038,712

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 68 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P ...... 28,140 28,140 69 0603600D8Z WALKOFF ...... 92,222 92,222 70 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES ...... 2,506 2,506 71 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ...... 40,016 50,016 Readiness Increase ...... [10,000] 72 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT ...... 214,173 398,273 MDA UPL: USFK JEON ...... [184,100] 73 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ...... 926,359 718,359 Reduce FY19 Numbers ...... [–208,000] 74 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ...... 129,886 129,886 75 0603884C BALLISTIC MISSILE DEFENSE SENSORS ...... 220,876 244,876 MDA UPL: USFK JEON ...... [24,000] 76 0603890C BMD ENABLING PROGRAMS ...... 540,926 540,926 77 0603891C SPECIAL PROGRAMS—MDA...... 422,348 422,348 78 0603892C AEGIS BMD...... 767,539 767,539 81 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI ...... 475,168 425,168 Inconsistent capability delivery ...... [–50,000] 82 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ...... 48,767 48,767 83 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ...... 54,925 54,925 84 0603906C REGARDING TRENCH...... 16,916 16,916 85 0603907C SEA BASED X-BAND RADAR (SBX) ...... 149,715 116,715 Reduce FY19 Numbers ...... [–33,000] 86 0603913C ISRAELI COOPERATIVE PROGRAMS ...... 300,000 300,000 87 0603914C BALLISTIC MISSILE DEFENSE TEST ...... 365,681 437,581 MDA UPL: USFK JEON ...... [71,900] 88 0603915C BALLISTIC MISSILE DEFENSE TARGETS ...... 517,852 486,352 MDA UPL: USFK JEON ...... [4,500] Reduce FY19 Numbers ...... [–36,000] 89 0603920D8Z HUMANITARIAN DEMINING...... 11,347 11,347 90 0603923D8Z COALITION WARFARE...... 8,528 8,528 91 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ...... 3,477 8,477 Corrosion prevention ...... [5,000] 92 0604115C TECHNOLOGY MATURATION INITIATIVES ...... 148,822 228,822 Laser scaling for boost phase intercept ...... [80,000] 93 0604132D8Z MISSILE DEFEAT PROJECT ...... 58,607 58,607 94 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING ...... 12,993 12,993 95 0604181C HYPERSONIC DEFENSE...... 120,444 130,944 Accelerate hypersonic missile defense ...... [10,500] 96 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ...... 1,431,702 1,481,702 Quartermaster Pathfinder ...... [50,000] 97 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ...... 233,142 238,642 New trust approach development ...... [5,500] 98 0604331D8Z RAPID PROTOTYPING PROGRAM ...... 99,333 99,333 99 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT ...... 3,781 3,781 100 0604673C PACIFIC DISCRIMINATING RADAR ...... 95,765 95,765 101 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) ...... 3,768 3,768 103 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS ...... 22,435 22,435 104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...... 164,562 164,562 105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS ...... 561,220 421,820 Reduce FY19 Numbers ...... [–139,400] 106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST ...... 61,017 61,017 107 0604878C AEGIS BMD TEST ...... 95,756 95,756 108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST ...... 81,001 81,001 109 0604880C LAND-BASED SM–3 (LBSM3) ...... 27,692 27,692 111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST ...... 81,934 72,634 Reduce FY19 Numbers ...... [–9,300] 112 0604894C MULTI-OBJECT KILL VEHICLE ...... 8,256 8,256 113 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS ...... 2,600 2,600 114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ...... 3,104 3,104 115 0305103C CYBER SECURITY INITIATIVE ...... 985 985 116 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM ...... 36,955 36,955 117 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ...... 16,484 89,484 MDA UPL: Initiate missile defense tracking system ...... [73,000] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES ...... 8,709,725 8,752,525

SYSTEM DEVELOPMENT AND DEMONSTRATION 118 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ...... 8,333 8,333 119 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ...... 263,414 263,414 120 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ...... 388,701 388,701 121 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ...... 19,503 19,503

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

122 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT ...... 6,163 6,163 123 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ...... 11,988 0 Lengthy delivery timelines ...... [–11,988] 124 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 296 296 125 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ...... 1,489 1,489 126 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ...... 9,590 9,590 127 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION ...... 3,173 3,173 128 0605075D8Z DCMO POLICY AND INTEGRATION ...... 2,105 3,105 Data and advanced analytics ...... [1,000] 129 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM ...... 21,156 21,156 130 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) ...... 10,731 10,731 132 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ...... 6,374 0 Duplication concern ...... [–6,374] 133 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ...... 56,178 58,678 New trust approach development ...... [2,500] 134 0303141K GLOBAL COMBAT SUPPORT SYSTEM ...... 2,512 2,512 135 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) ...... 2,435 2,435 136 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION ...... 17,048 17,048 SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION ...... 831,189 816,327

9999999999 CLASSIFIED PROGRAMS...... 45,604 45,604 MANAGEMENT SUPPORT 137 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ...... 6,661 6,661 138 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ...... 4,088 4,088 139 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) ...... 258,796 268,796 Advanced hypersonic wind tunnel experimentation ...... [10,000] 140 0604942D8Z ASSESSMENTS AND EVALUATIONS ...... 31,356 31,356 141 0605001E MISSION SUPPORT...... 65,646 65,646 142 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ...... 84,184 89,184 Cyber range capacity and development ...... [5,000] 143 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 22,576 17,576 General program reduction ...... [–5,000] 144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ...... 52,565 52,565 146 0605142D8Z SYSTEMS ENGINEERING...... 38,872 38,872 147 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ...... 3,534 3,534 148 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ...... 5,050 5,050 149 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ...... 11,450 11,450 150 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ...... 1,693 1,693 151 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 102,883 102,883 159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER ...... 2,545 2,545 160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ...... 24,487 24,487 161 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...... 56,853 56,853 162 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION ...... 24,914 24,914 163 0605804D8Z DEVELOPMENT TEST AND EVALUATION ...... 20,179 25,179 Improve software testing capabilities ...... [5,000] 164 0605898E MANAGEMENT HQ—R&D...... 13,643 13,643 165 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...... 4,124 4,124 166 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...... 5,768 5,768 167 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS ...... 1,030 1,030 168 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT ...... 1,000 1,000 169 0606942C ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 3,400 3,400 170 0606942S ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES ...... 4,000 4,000 171 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ...... 3,008 3,008 172 0204571J JOINT STAFF ANALYTICAL SUPPORT ...... 6,658 6,658 175 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 652 652 176 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ...... 1,005 1,005 177 0305172K COMBINED ADVANCED APPLICATIONS ...... 21,363 21,363 180 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS ...... 109,529 109,529 181 0306310D8Z CWMD SYSTEMS: RDT&E MANAGEMENT SUPPORT ...... 1,244 1,244 184 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA ...... 42,940 42,940 185 0901598C MANAGEMENT HQ—MDA...... 28,626 28,626 187 0903235K JOINT SERVICE PROVIDER (JSP) ...... 5,104 5,104 SUBTOTAL MANAGEMENT SUPPORT ...... 1,117,030 1,132,030

9999999999 CLASSIFIED PROGRAMS...... 3,877,898 3,887,898 Classified increase ...... [10,000] OPERATIONAL SYSTEM DEVELOPMENT 189 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...... 9,750 9,750 190 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA ...... 1,855 1,855 191 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) ...... 304 304 192 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT ...... 10,376 10,376 193 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT ...... 5,915 5,915 194 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) ...... 5,869 5,869 195 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) ...... 48,741 48,741 196 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,037 3,037 197 0208045K C4I INTEROPERABILITY...... 62,814 62,814 203 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ...... 16,561 16,561 204 0303126K LONG-HAUL COMMUNICATIONS—DCS...... 14,769 14,769 205 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 17,579 17,579 207 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ...... 31,737 31,737 208 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ...... 7,940 7,940 209 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ...... 229,252 229,252 210 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ...... 19,611 19,611

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ...... 46,900 46,900 212 0303153K DEFENSE SPECTRUM ORGANIZATION ...... 7,570 7,570 213 0303228K JOINT INFORMATION ENVIRONMENT (JIE) ...... 7,947 7,947 215 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY ...... 39,400 39,400 224 0305186D8Z POLICY R&D PROGRAMS ...... 6,262 3,262 General program reduction ...... [–3,000] 225 0305199D8Z NET CENTRICITY...... 16,780 16,780 227 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 6,286 6,286 230 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 2,970 2,970 233 0305327V INSIDER THREAT...... 5,954 10,954 Personnel security and continuous evaluation ...... [5,000] 234 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ...... 2,198 2,198 240 0307577D8Z INTELLIGENCE MISSION DATA (IMD) ...... 6,889 6,889 242 0708012K LOGISTICS SUPPORT ACTIVITIES ...... 1,317 1,317 243 0708012S PACIFIC DISASTER CENTERS ...... 1,770 1,770 244 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ...... 1,805 1,805 246 1105219BB MQ–9 UAV...... 18,403 18,403 248 1160403BB AVIATION SYSTEMS...... 184,993 184,993 249 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ...... 10,625 10,625 250 1160408BB OPERATIONAL ENHANCEMENTS...... 102,307 102,307 251 1160431BB WARRIOR SYSTEMS...... 46,942 46,942 252 1160432BB SPECIAL PROGRAMS...... 2,479 2,479 253 1160434BB UNMANNED ISR...... 27,270 27,270 254 1160480BB SOF TACTICAL VEHICLES ...... 1,121 1,121 255 1160483BB MARITIME SYSTEMS...... 42,471 42,471 256 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 4,780 4,780 257 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 12,176 12,176 258 1203610K TELEPORT PROGRAM...... 2,323 2,323 SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ...... 4,973,946 4,985,946

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 22,016,553 22,415,591

OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION ...... 85,685 85,685 2 0605131OTE LIVE FIRE TEST AND EVALUATION ...... 64,332 64,332 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ...... 70,992 81,892 Increase for test and evaluation technologies ...... [10,900] SUBTOTAL MANAGEMENT SUPPORT ...... 221,009 231,909

TOTAL OPERATIONAL TEST & EVAL, DEFENSE ...... 221,009 231,909

TOTAL RDT&E ...... 91,056,950 92,216,538

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 56 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ...... 1,000 1,000 58 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV ...... 1,500 1,500 61 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 3,000 3,000 76 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) ...... 23,000 23,000 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 28,500 28,500

SYSTEM DEVELOPMENT & DEMONSTRATION 88 0604328A TRACTOR CAGE...... 12,000 12,000 100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV ...... 119,300 119,300 125 0605032A TRACTOR TIRE...... 66,760 66,760 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) ...... 2,670 2,670 136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ...... 34,933 34,933 147 0303032A TROJAN—RH12 ...... 1,200 1,200 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 236,863 236,863

OPERATIONAL SYSTEMS DEVELOPMENT 184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS ...... 2,548 2,548 185 0607133A TRACTOR SMOKE...... 7,780 7,780 206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 2,000 2,000 209 0205402A INTEGRATED BASE DEFENSE—OPERATIONAL SYSTEM DEV ...... 8,000 8,000 216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 23,199 23,199 226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS ...... 14,000 14,000 231 0307665A BIOMETRICS ENABLED INTELLIGENCE ...... 2,214 2,214 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 59,741 59,741

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 325,104 325,104

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES

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SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) Program FY 2019 Senate Line Element Item Request Authorized

41 0603527N RETRACT LARCH...... 18,000 18,000 61 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 13,900 13,900 74 0603795N LAND ATTACK TECHNOLOGY ...... 1,400 1,400 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 33,300 33,300

SYSTEM DEVELOPMENT & DEMONSTRATION 149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 1,100 1,100 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION ...... 1,100 1,100

9999999999 CLASSIFIED PROGRAMS...... 117,282 117,282 OPERATIONAL SYSTEMS DEVELOPMENT 236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ...... 16,130 16,130 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 133,412 133,412

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 167,812 167,812

RESEARCH, DEVELOPMENT, TEST & EVAL, AF ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 65 1206438F SPACE CONTROL TECHNOLOGY ...... 1,100 1,100 70 1206857F OPERATIONALLY RESPONSIVE SPACE ...... 12,395 12,395 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 13,495 13,495

9999999999 CLASSIFIED PROGRAMS...... 188,127 188,127 OPERATIONAL SYSTEMS DEVELOPMENT 186 0205219F MQ–9 UAV...... 4,500 4,500 187 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE ...... 4,000 4,000 188 0207131F A–10 SQUADRONS...... 1,000 1,000 217 0207610F BATTLEFIELD ABN COMM NODE (BACN) ...... 42,349 42,349 228 0208288F INTEL DATA APPLICATIONS ...... 1,200 1,200 254 0305111F WEATHER SERVICE...... 3,000 3,000 268 0305202F DRAGON U–2...... 22,100 22,100 272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 29,500 29,500 310 1202247F AF TENCAP...... 5,000 5,000 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT ...... 300,776 300,776

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 314,271 314,271

RESEARCH, DEVELOPMENT, TEST & EVAL, DW ADVANCED TECHNOLOGY DEVELOPMENT 24 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...... 25,000 25,000 26 0603134BR COUNTER IMPROVISED-THREAT SIMULATION ...... 13,648 13,648 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT ...... 38,648 38,648

ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 94 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING ...... 242,668 242,668 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES ...... 242,668 242,668

9999999999 CLASSIFIED PROGRAMS...... 192,131 192,131 OPERATIONAL SYSTEM DEVELOPMENT 250 1160408BB OPERATIONAL ENHANCEMENTS...... 3,632 3,632 251 1160431BB WARRIOR SYSTEMS...... 11,040 11,040 253 1160434BB UNMANNED ISR...... 11,700 11,700 254 1160480BB SOF TACTICAL VEHICLES ...... 725 725 SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT ...... 219,228 219,228

TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 500,544 500,544

TOTAL RDT&E ...... 1,307,731 1,307,731

TITLE XLIII—OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS...... 2,076,360 2,076,360 020 MODULAR SUPPORT BRIGADES ...... 107,946 107,946 030 ECHELONS ABOVE BRIGADE ...... 732,485 732,485 040 THEATER LEVEL ASSETS ...... 1,169,508 1,169,508 050 LAND FORCES OPERATIONS SUPPORT ...... 1,180,460 1,180,460 060 AVIATION ASSETS...... 1,467,500 1,467,500 070 FORCE READINESS OPERATIONS SUPPORT ...... 4,285,211 4,285,211 080 LAND FORCES SYSTEMS READINESS ...... 482,201 482,201 090 LAND FORCES DEPOT MAINTENANCE ...... 1,536,851 1,536,851 100 BASE OPERATIONS SUPPORT ...... 8,274,299 8,274,299 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 3,516,859 3,516,859 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 438,733 438,733

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

180 US AFRICA COMMAND ...... 231,518 231,518 190 US EUROPEAN COMMAND ...... 150,268 150,268 200 US SOUTHERN COMMAND ...... 195,964 210,264 SOUTHCOM ABN GFE Sensor (GEOINT/SIGINT) ...... [4,200] SOUTHCOM Cyber HUMINT (CME/OPS) ...... [1,000] SOUTHCOM OSINT/PAI (CME/LIC/TOOLS) ...... [1,600] SOUTHCOM Overland Airborne ISR Flight Hours ...... [7,200] SOUTHCOM SIGINT Suite COMSAT RF ...... [300 ] 210 US FORCES KOREA ...... 59,625 59,625 SUBTOTAL OPERATING FORCES ...... 25,905,788 25,920,088

MOBILIZATION 220 STRATEGIC MOBILITY...... 370,941 370,941 230 ARMY PREPOSITIONED STOCKS ...... 573,560 573,560 240 INDUSTRIAL PREPAREDNESS...... 7,678 7,678 SUBTOTAL MOBILIZATION ...... 952,179 952,179

TRAINING AND RECRUITING 250 OFFICER ACQUISITION...... 135,832 135,832 260 RECRUIT TRAINING...... 54,819 54,819 270 ONE STATION UNIT TRAINING ...... 69,599 69,599 280 SENIOR RESERVE OFFICERS TRAINING CORPS ...... 518,998 518,998 290 SPECIALIZED SKILL TRAINING ...... 1,020,073 1,020,073 300 FLIGHT TRAINING...... 1,082,190 1,082,190 310 PROFESSIONAL DEVELOPMENT EDUCATION ...... 220,399 220,399 320 TRAINING SUPPORT...... 611,482 611,482 330 RECRUITING AND ADVERTISING ...... 698,962 498,962 Marketing Cuts ...... [–200,000] 340 EXAMINING ...... 162,049 162,049 350 OFF-DUTY AND VOLUNTARY EDUCATION ...... 215,622 215,622 360 CIVILIAN EDUCATION AND TRAINING ...... 176,914 176,914 370 JUNIOR RESERVE OFFICER TRAINING CORPS ...... 174,430 174,430 SUBTOTAL TRAINING AND RECRUITING ...... 5,141,369 4,941,369

CLASSIFIED PROGRAMS ...... 1,259,622 1,259,622 ADMIN & SRVWIDE ACTIVITIES 390 SERVICEWIDE TRANSPORTATION...... 588,047 588,047 400 CENTRAL SUPPLY ACTIVITIES ...... 931,462 931,462 410 LOGISTIC SUPPORT ACTIVITIES ...... 696,114 696,114 420 AMMUNITION MANAGEMENT...... 461,637 461,637 430 ADMINISTRATION ...... 447,564 447,564 440 SERVICEWIDE COMMUNICATIONS...... 2,069,127 2,069,127 450 MANPOWER MANAGEMENT...... 261,021 261,021 460 OTHER PERSONNEL SUPPORT ...... 379,541 379,541 470 OTHER SERVICE SUPPORT ...... 1,699,767 1,699,767 480 ARMY CLAIMS ACTIVITIES ...... 192,686 192,686 490 REAL ESTATE MANAGEMENT ...... 240,917 240,917 500 FINANCIAL MANAGEMENT AND AUDIT READINESS ...... 291,569 291,569 510 INTERNATIONAL MILITARY HEADQUARTERS ...... 442,656 442,656 520 MISC. SUPPORT OF OTHER NATIONS ...... 48,251 48,251 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...... 10,009,981 10,009,981

UNDISTRIBUTED 1 UNDISTRIBUTED ...... 0 –200,000 Army misrepresentation of civilian pay budget request ...... [–200,000] SUBTOTAL UNDISTRIBUTED ...... 0 –200,000

TOTAL OPERATION & MAINTENANCE, ARMY ...... 42,009,317 41,623,617

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES ...... 13,867 13,867 020 ECHELONS ABOVE BRIGADE ...... 536,438 536,438 030 THEATER LEVEL ASSETS ...... 113,225 113,225 040 LAND FORCES OPERATIONS SUPPORT ...... 551,141 551,141 050 AVIATION ASSETS...... 89,073 89,073 060 FORCE READINESS OPERATIONS SUPPORT ...... 409,531 409,531 070 LAND FORCES SYSTEMS READINESS ...... 101,411 101,411 080 LAND FORCES DEPOT MAINTENANCE ...... 60,114 60,114 090 BASE OPERATIONS SUPPORT ...... 595,728 595,728 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 304,658 304,658 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 22,175 22,175 SUBTOTAL OPERATING FORCES ...... 2,797,361 2,797,361

ADMIN & SRVWD ACTIVITIES 120 SERVICEWIDE TRANSPORTATION...... 11,832 11,832 130 ADMINISTRATION ...... 18,218 18,218 140 SERVICEWIDE COMMUNICATIONS...... 25,069 25,069 150 MANPOWER MANAGEMENT...... 6,248 6,248 160 RECRUITING AND ADVERTISING ...... 58,181 58,181 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 119,548 119,548

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

TOTAL OPERATION & MAINTENANCE, ARMY RES ...... 2,916,909 2,916,909

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 810,269 810,269 020 MODULAR SUPPORT BRIGADES ...... 193,402 193,402 030 ECHELONS ABOVE BRIGADE ...... 753,815 753,815 040 THEATER LEVEL ASSETS ...... 84,124 84,124 050 LAND FORCES OPERATIONS SUPPORT ...... 31,881 31,881 060 AVIATION ASSETS...... 973,874 973,874 070 FORCE READINESS OPERATIONS SUPPORT ...... 784,086 784,086 080 LAND FORCES SYSTEMS READINESS ...... 51,353 51,353 090 LAND FORCES DEPOT MAINTENANCE ...... 221,633 221,633 100 BASE OPERATIONS SUPPORT ...... 1,129,942 1,129,942 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 919,947 919,947 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 1,010,524 1,010,524 SUBTOTAL OPERATING FORCES ...... 6,964,850 6,964,850

ADMIN & SRVWD ACTIVITIES 130 SERVICEWIDE TRANSPORTATION...... 10,017 10,017 140 ADMINISTRATION ...... 72,746 72,746 150 SERVICEWIDE COMMUNICATIONS...... 83,105 83,105 160 MANPOWER MANAGEMENT...... 10,678 10,678 170 OTHER PERSONNEL SUPPORT ...... 254,753 254,753 180 REAL ESTATE MANAGEMENT ...... 3,146 3,146 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 434,445 434,445

TOTAL OPERATION & MAINTENANCE, ARNG ...... 7,399,295 7,399,295

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 5,372,399 5,372,399 020 FLEET AIR TRAINING ...... 2,023,351 2,023,351 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 56,225 56,225 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 156,081 156,081 050 AIR SYSTEMS SUPPORT ...... 682,379 682,379 060 AIRCRAFT DEPOT MAINTENANCE ...... 1,253,756 1,253,756 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 66,649 66,649 080 AVIATION LOGISTICS...... 939,368 939,368 090 MISSION AND OTHER SHIP OPERATIONS ...... 4,439,566 4,439,566 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 997,663 997,663 110 SHIP DEPOT MAINTENANCE ...... 8,751,526 8,751,526 120 SHIP DEPOT OPERATIONS SUPPORT ...... 2,168,876 2,168,876 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ...... 1,349,593 1,351,293 SOUTHCOM CCO Sensor Integration ...... [1,700] 150 SPACE SYSTEMS AND SURVEILLANCE ...... 215,255 215,255 160 WARFARE TACTICS...... 632,446 632,446 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 373,046 373,046 180 COMBAT SUPPORT FORCES ...... 1,452,075 1,452,075 190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ...... 153,719 153,719 210 COMBATANT COMMANDERS CORE OPERATIONS ...... 63,039 63,039 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 89,339 89,339 230 MILITARY INFORMATION SUPPORT OPERATIONS ...... 8,475 8,475 240 CYBERSPACE ACTIVITIES...... 424,088 424,088 260 FLEET BALLISTIC MISSILE ...... 1,361,947 1,361,947 280 WEAPONS MAINTENANCE...... 823,952 823,952 290 OTHER WEAPON SYSTEMS SUPPORT ...... 494,101 494,101 300 ENTERPRISE INFORMATION...... 921,936 876,936 General reduction ...... [–45,000] 310 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 2,040,389 2,446,389 FSRM to 100% max executable ...... [406,000 ] 320 BASE OPERATING SUPPORT ...... 4,414,753 4,414,753 SUBTOTAL OPERATING FORCES ...... 41,725,992 42,088,692

MOBILIZATION 330 SHIP PREPOSITIONING AND SURGE ...... 549,142 549,142 340 READY RESERVE FORCE ...... 310,805 310,805 360 SHIP ACTIVATIONS/INACTIVATIONS...... 161,150 161,150 370 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 120,338 120,338 390 COAST GUARD SUPPORT ...... 24,097 24,097 SUBTOTAL MOBILIZATION ...... 1,165,532 1,165,532

TRAINING AND RECRUITING 400 OFFICER ACQUISITION...... 145,481 145,481 410 RECRUIT TRAINING...... 9,637 9,637 420 RESERVE OFFICERS TRAINING CORPS ...... 149,687 149,687 430 SPECIALIZED SKILL TRAINING ...... 879,557 879,557 450 PROFESSIONAL DEVELOPMENT EDUCATION ...... 184,436 184,436 460 TRAINING SUPPORT...... 223,159 223,159 470 RECRUITING AND ADVERTISING ...... 181,086 181,086 480 OFF-DUTY AND VOLUNTARY EDUCATION ...... 96,006 96,006 490 CIVILIAN EDUCATION AND TRAINING ...... 72,083 72,083

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

500 JUNIOR ROTC...... 54,156 54,156 SUBTOTAL TRAINING AND RECRUITING ...... 1,995,288 1,995,288

CLASSIFIED PROGRAMS ...... 574,994 574,994 ADMIN & SRVWD ACTIVITIES 510 ADMINISTRATION ...... 1,089,964 1,089,964 530 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...... 164,074 164,074 540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 418,350 418,350 580 SERVICEWIDE TRANSPORTATION...... 167,106 167,106 600 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ...... 333,556 333,556 610 ACQUISITION, LOGISTICS, AND OVERSIGHT ...... 663,690 663,690 650 INVESTIGATIVE AND SECURITY SERVICES ...... 705,087 705,087 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 4,116,821 4,116,821

TOTAL OPERATION & MAINTENANCE, NAVY ...... 49,003,633 49,366,333

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 873,320 873,320 020 FIELD LOGISTICS...... 1,094,187 1,094,187 030 DEPOT MAINTENANCE...... 314,182 314,182 040 MARITIME PREPOSITIONING...... 98,136 98,136 050 CYBERSPACE ACTIVITIES...... 183,546 183,546 060 SUSTAINMENT, RESTORATION & MODERNIZATION ...... 832,636 832,636 070 BASE OPERATING SUPPORT ...... 2,151,390 2,151,390 SUBTOTAL OPERATING FORCES ...... 5,547,397 5,547,397

TRAINING AND RECRUITING 080 RECRUIT TRAINING...... 16,453 16,453 090 OFFICER ACQUISITION...... 1,144 1,144 100 SPECIALIZED SKILL TRAINING ...... 106,360 106,360 110 PROFESSIONAL DEVELOPMENT EDUCATION ...... 46,096 46,096 120 TRAINING SUPPORT...... 389,751 389,751 130 RECRUITING AND ADVERTISING ...... 201,662 201,662 140 OFF-DUTY AND VOLUNTARY EDUCATION ...... 32,461 32,461 150 JUNIOR ROTC...... 24,217 24,217 SUBTOTAL TRAINING AND RECRUITING ...... 818,144 818,144

CLASSIFIED PROGRAMS ...... 50,859 50,859 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION...... 29,735 29,735 170 ADMINISTRATION ...... 386,375 386,375 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 466,969 466,969

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ...... 6,832,510 6,832,510

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 569,584 569,584 020 INTERMEDIATE MAINTENANCE...... 6,902 6,902 030 AIRCRAFT DEPOT MAINTENANCE ...... 109,776 109,776 040 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 538 538 050 AVIATION LOGISTICS...... 18,888 18,888 060 SHIP OPERATIONS SUPPORT & TRAINING ...... 574 574 070 COMBAT COMMUNICATIONS...... 17,561 17,561 080 COMBAT SUPPORT FORCES ...... 121,070 121,070 090 CYBERSPACE ACTIVITIES...... 337 337 100 ENTERPRISE INFORMATION...... 23,964 23,964 110 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 36,356 36,356 120 BASE OPERATING SUPPORT ...... 103,562 103,562 SUBTOTAL OPERATING FORCES ...... 1,009,112 1,009,112

ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION ...... 1,868 1,868 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 12,849 12,849 160 ACQUISITION AND PROGRAM MANAGEMENT ...... 3,177 3,177 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 17,894 17,894

TOTAL OPERATION & MAINTENANCE, NAVY RES ...... 1,027,006 1,027,006

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES...... 99,173 99,173 020 DEPOT MAINTENANCE...... 19,430 19,430 030 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 39,962 39,962 040 BASE OPERATING SUPPORT ...... 101,829 101,829 SUBTOTAL OPERATING FORCES ...... 260,394 260,394

ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION ...... 11,176 11,176 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 11,176 11,176

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

TOTAL OPERATION & MAINTENANCE, MC RESERVE ...... 271,570 271,570

OPERATION & MAINTENANCE, AIR FORCE CLASSIFIED PROGRAMS ...... 1,164,810 1,164,810 OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 758,178 783,178 Increase for F–35 sustainment to accelerate depot component repair capability ...... [25,000] 020 COMBAT ENHANCEMENT FORCES ...... 1,509,027 1,509,027 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 1,323,330 1,323,330 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ...... 3,511,830 3,511,830 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 2,892,705 2,917,705 Additional demo ...... [25,000] 060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...... 7,613,084 8,258,984 Increase for JSTARS buy-back ...... [95,900] WSS to 100% executable ...... [550,000] 070 FLYING HOUR PROGRAM ...... 4,345,208 4,395,208 Increase for JSTARS buy-back ...... [50,000] 080 BASE SUPPORT...... 5,989,215 5,989,215 090 GLOBAL C3I AND EARLY WARNING ...... 928,023 928,023 100 OTHER COMBAT OPS SPT PROGRAMS ...... 1,080,956 1,080,956 110 CYBERSPACE ACTIVITIES...... 879,032 879,032 130 LAUNCH FACILITIES...... 183,777 183,777 140 SPACE CONTROL SYSTEMS ...... 404,072 404,072 170 US NORTHCOM/NORAD...... 187,375 187,375 180 US STRATCOM...... 529,902 529,902 190 US CYBERCOM...... 329,474 329,474 200 US CENTCOM...... 166,024 166,024 210 US SOCOM...... 723 723 220 US TRANSCOM...... 535 535 918 UNDISTRIBUTED ...... 0 156,800 Procurement of 7 DABs for PACOM ...... [156,800] SUBTOTAL OPERATING FORCES ...... 33,797,280 34,699,980

MOBILIZATION 230 AIRLIFT OPERATIONS...... 1,307,695 1,307,695 240 MOBILIZATION PREPAREDNESS...... 144,417 144,417 SUBTOTAL MOBILIZATION ...... 1,452,112 1,452,112

TRAINING AND RECRUITING 280 OFFICER ACQUISITION...... 133,187 133,187 290 RECRUIT TRAINING...... 25,041 25,041 300 RESERVE OFFICERS TRAINING CORPS (ROTC) ...... 117,338 117,338 330 SPECIALIZED SKILL TRAINING ...... 401,996 401,996 340 FLIGHT TRAINING...... 477,064 477,064 350 PROFESSIONAL DEVELOPMENT EDUCATION ...... 276,423 276,423 360 TRAINING SUPPORT...... 95,948 95,948 380 RECRUITING AND ADVERTISING ...... 154,530 154,530 390 EXAMINING ...... 4,132 4,132 400 OFF-DUTY AND VOLUNTARY EDUCATION ...... 223,150 223,150 410 CIVILIAN EDUCATION AND TRAINING ...... 209,497 209,497 420 JUNIOR ROTC...... 59,908 59,908 SUBTOTAL TRAINING AND RECRUITING ...... 2,178,214 2,178,214

CLASSIFIED PROGRAMS ...... 1,222,456 1,222,456 ADMIN & SRVWD ACTIVITIES 430 LOGISTICS OPERATIONS...... 681,788 681,788 440 TECHNICAL SUPPORT ACTIVITIES ...... 117,812 117,812 480 ADMINISTRATION ...... 953,102 953,102 490 SERVICEWIDE COMMUNICATIONS...... 358,389 358,389 500 OTHER SERVICEWIDE ACTIVITIES ...... 1,194,862 1,194,862 510 CIVIL AIR PATROL ...... 29,594 29,594 540 INTERNATIONAL SUPPORT...... 74,959 74,959 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 4,632,962 4,632,962

TOTAL OPERATION & MAINTENANCE, AIR FORCE ...... 42,060,568 42,963,268

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 1,853,437 1,853,437 020 MISSION SUPPORT OPERATIONS ...... 205,369 205,369 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ...... 345,576 345,576 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 120,736 123,536 Additional demo ...... [2,800] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...... 241,239 293,239 WSS to 91% ...... [52,000] 060 BASE SUPPORT...... 385,922 385,922 SUBTOTAL OPERATING FORCES ...... 3,152,279 3,207,079

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 070 ADMINISTRATION ...... 71,188 71,188 080 RECRUITING AND ADVERTISING ...... 19,429 19,429 090 MILITARY MANPOWER AND PERS MGMT (ARPC) ...... 9,386 9,386

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

100 OTHER PERS SUPPORT (DISABILITY COMP) ...... 7,512 7,512 110 AUDIOVISUAL ...... 440 440 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES ...... 107,955 107,955

TOTAL OPERATION & MAINTENANCE, AF RESERVE ...... 3,260,234 3,315,034

OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS...... 2,619,940 2,621,540 Restoring O&M associated with buyback of 3 PMAI JSTARS aircraft ...... [1,600] 020 MISSION SUPPORT OPERATIONS ...... 623,265 623,265 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ...... 748,287 748,287 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 303,792 303,792 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...... 1,061,759 1,061,759 060 BASE SUPPORT...... 988,333 999,333 PFAS Transfer ...... [11,000] SUBTOTAL OPERATING FORCES ...... 6,345,376 6,357,976

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 070 ADMINISTRATION ...... 45,711 45,711 080 RECRUITING AND ADVERTISING ...... 36,535 36,535 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...... 82,246 82,246

TOTAL OPERATION & MAINTENANCE, ANG ...... 6,427,622 6,440,222

OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 430,215 432,715 Operational logistics exercise elements ...... [2,500] 020 JOINT CHIEFS OF STAFF—CE2T2 ...... 602,186 602,186 040 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ...... 5,389,250 5,389,250 SUBTOTAL OPERATING FORCES ...... 6,421,651 6,424,151

TRAINING AND RECRUITING 050 DEFENSE ACQUISITION UNIVERSITY ...... 181,601 181,601 060 JOINT CHIEFS OF STAFF ...... 96,565 96,565 070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING ...... 370,583 370,583 SUBTOTAL TRAINING AND RECRUITING ...... 648,749 648,749

CLASSIFIED PROGRAMS ...... 15,645,192 15,645,192 ADMIN & SRVWIDE ACTIVITIES 080 CIVIL MILITARY PROGRAMS ...... 166,131 166,131 100 DEFENSE CONTRACT AUDIT AGENCY ...... 625,633 625,633 110 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 1,465,354 1,465,354 120 DEFENSE HUMAN RESOURCES ACTIVITY ...... 859,923 859,923 130 DEFENSE INFORMATION SYSTEMS AGENCY ...... 2,106,930 2,106,930 150 DEFENSE LEGAL SERVICES AGENCY ...... 27,403 27,403 160 DEFENSE LOGISTICS AGENCY ...... 379,275 379,275 170 DEFENSE MEDIA ACTIVITY ...... 207,537 207,537 180 DEFENSE PERSONNEL ACCOUNTING AGENCY ...... 130,696 130,696 190 DEFENSE SECURITY COOPERATION AGENCY ...... 754,711 754,711 200 DEFENSE SECURITY SERVICE ...... 789,175 852,775 Additional civilian FTE ...... [18,600] New mission needs ...... [45,000] 220 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ...... 34,951 34,951 230 DEFENSE THREAT REDUCTION AGENCY ...... 553,329 553,329 250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 2,892,284 2,942,284 Impact aid for children with severe disabilities ...... [10,000] Impact aid for schools with military dependent students ...... [40,000 ] 260 MISSILE DEFENSE AGENCY ...... 499,817 499,817 280 OFFICE OF ECONOMIC ADJUSTMENT ...... 70,035 70,035 290 OFFICE OF THE SECRETARY OF DEFENSE ...... 1,519,655 1,565,655 CDC Health Study (sec. 312) ...... [10,000] Clearinghouse ...... [1,000] Defense Environmental International Cooperations (DEIC) ...... [1,000] Defense Fellows Program ...... [10,000] DOD emerging contaminants ...... [1,000] DOD environmental resilience ...... [1,000] DOD Rewards Program Cut ...... [–3,000] Readiness and Environmental Protection Initiative Increase ...... [25,000] 300 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES ...... 97,787 97,787 310 WASHINGTON HEADQUARTERS SERVICES ...... 456,407 456,407 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...... 29,282,225 29,441,825

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ...... 36,352,625 36,514,725

MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ...... 14,662 14,662 SUBTOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF ...... 14,662 14,662

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ...... 107,663 107,663 SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ...... 107,663 107,663

COOPERATIVE THREAT REDUCTION ACCOUNT 010 FORMER SOVIET UNION (FSU) THREAT REDUCTION ...... 335,240 335,240 SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT ...... 335,240 335,240

DOD ACQUISITION WORKFORCE DEVELOPMENT FUND 010 ACQ WORKFORCE DEV FD ...... 400,000 400,000 SUBTOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND ...... 400,000 400,000

ENVIRONMENTAL RESTORATION, ARMY 060 ENVIRONMENTAL RESTORATION, ARMY ...... 203,449 203,449 SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY ...... 203,449 203,449

ENVIRONMENTAL RESTORATION, NAVY 080 ENVIRONMENTAL RESTORATION, NAVY ...... 329,253 329,253 SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY ...... 329,253 329,253

ENVIRONMENTAL RESTORATION, AIR FORCE 100 ENVIRONMENTAL RESTORATION, AIR FORCE ...... 296,808 285,808 PFAS Transfer ...... [–11,000] SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE ...... 296,808 285,808

ENVIRONMENTAL RESTORATION, DEFENSE 120 ENVIRONMENTAL RESTORATION, DEFENSE ...... 8,926 8,926 SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE ...... 8,926 8,926

ENVIRONMENTAL RESTORATION FORMERLY USED SITES 140 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ...... 212,346 212,346 SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES ...... 212,346 212,346

TOTAL MISCELLANEOUS APPROPRIATIONS ...... 1,908,347 1,897,347

UNDISTRIBUTED UNDISTRIBUTED 999 UNDISTRIBUTED ...... 0 –216,520 Foreign Currency Fluctuation ...... [–267,000] JROTC ...... [5,480] Operation and Maintenance, Air Force DSMOA ...... [10,000] Operation and Maintenance, Air National Guard DSMOA ...... [15,000] Operation and Maintenance, Army DSMOA ...... [10,000] Operation and Maintenance, Navy DSMOA ...... [10,000] SUBTOTAL UNDISTRIBUTED ...... 0 –216,520

TOTAL UNDISTRIBUTED ...... 0 –216,520

TOTAL OPERATION & MAINTENANCE ...... 199,469,636 200,351,316

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS...... 1,179,339 1,179,339 030 ECHELONS ABOVE BRIGADE ...... 25,983 25,983 040 THEATER LEVEL ASSETS ...... 2,189,916 2,189,916 050 LAND FORCES OPERATIONS SUPPORT ...... 188,609 188,609 060 AVIATION ASSETS...... 120,787 120,787 070 FORCE READINESS OPERATIONS SUPPORT ...... 3,867,286 3,867,286 080 LAND FORCES SYSTEMS READINESS ...... 550,068 550,068 090 LAND FORCES DEPOT MAINTENANCE ...... 195,873 195,873 100 BASE OPERATIONS SUPPORT ...... 109,560 109,560 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 60,807 60,807 140 ADDITIONAL ACTIVITIES...... 5,992,222 5,992,222 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ...... 10,000 10,000 160 RESET ...... 1,036,454 1,036,454 180 US AFRICA COMMAND ...... 248,796 248,796 190 US EUROPEAN COMMAND ...... 98,127 98,127 200 US SOUTHERN COMMAND ...... 2,550 2,550 SUBTOTAL OPERATING FORCES ...... 15,876,377 15,876,377

MOBILIZATION 230 ARMY PREPOSITIONED STOCKS ...... 158,753 158,753 SUBTOTAL MOBILIZATION ...... 158,753 158,753

CLASSIFIED PROGRAMS ...... 1,074,270 1,074,270

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

ADMIN & SRVWIDE ACTIVITIES 390 SERVICEWIDE TRANSPORTATION...... 712,230 712,230 400 CENTRAL SUPPLY ACTIVITIES ...... 44,168 44,168 410 LOGISTIC SUPPORT ACTIVITIES ...... 5,300 5,300 420 AMMUNITION MANAGEMENT...... 38,597 38,597 460 OTHER PERSONNEL SUPPORT ...... 109,019 109,019 490 REAL ESTATE MANAGEMENT ...... 191,786 191,786 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...... 2,175,370 2,175,370

TOTAL OPERATION & MAINTENANCE, ARMY ...... 18,210,500 18,210,500

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 020 ECHELONS ABOVE BRIGADE ...... 20,700 20,700 060 FORCE READINESS OPERATIONS SUPPORT ...... 700 700 090 BASE OPERATIONS SUPPORT ...... 20,487 20,487 SUBTOTAL OPERATING FORCES ...... 41,887 41,887

TOTAL OPERATION & MAINTENANCE, ARMY RES ...... 41,887 41,887

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 42,519 42,519 020 MODULAR SUPPORT BRIGADES ...... 778 778 030 ECHELONS ABOVE BRIGADE ...... 12,093 12,093 040 THEATER LEVEL ASSETS ...... 708 708 060 AVIATION ASSETS...... 28,135 28,135 070 FORCE READINESS OPERATIONS SUPPORT ...... 5,908 5,908 100 BASE OPERATIONS SUPPORT ...... 18,877 18,877 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 956 956 SUBTOTAL OPERATING FORCES ...... 109,974 109,974

ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE COMMUNICATIONS...... 755 755 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 755 755

TOTAL OPERATION & MAINTENANCE, ARNG ...... 110,729 110,729

AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 090 SUSTAINMENT ...... 1,522,777 1,522,777 100 INFRASTRUCTURE ...... 137,732 137,732 110 EQUIPMENT AND TRANSPORTATION ...... 71,922 71,922 120 TRAINING AND OPERATIONS ...... 175,846 175,846 SUBTOTAL AFGHAN NATIONAL ARMY ...... 1,908,277 1,908,277

AFGHAN NATIONAL POLICE 130 SUSTAINMENT ...... 527,554 527,554 140 INFRASTRUCTURE ...... 42,984 42,984 150 EQUIPMENT AND TRANSPORTATION ...... 14,554 14,554 160 TRAINING AND OPERATIONS ...... 181,922 181,922 SUBTOTAL AFGHAN NATIONAL POLICE ...... 767,014 767,014

AFGHAN AIR FORCE 170 SUSTAINMENT ...... 942,279 942,279 180 INFRASTRUCTURE ...... 30,350 30,350 190 EQUIPMENT AND TRANSPORTATION ...... 572,310 572,310 200 TRAINING AND OPERATIONS ...... 277,191 277,191 SUBTOTAL AFGHAN AIR FORCE ...... 1,822,130 1,822,130

AFGHAN SPECIAL SECURITY FORCES 210 SUSTAINMENT ...... 353,734 353,734 220 INFRASTRUCTURE ...... 43,132 43,132 230 EQUIPMENT AND TRANSPORTATION ...... 151,790 151,790 240 TRAINING AND OPERATIONS ...... 153,373 153,373 SUBTOTAL AFGHAN SPECIAL SECURITY FORCES ...... 702,029 702,029

TOTAL AFGHANISTAN SECURITY FORCES FUND ...... 5,199,450 5,199,450

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 435,507 435,507 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 800 800 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 9,394 9,394 050 AIR SYSTEMS SUPPORT ...... 193,384 193,384 060 AIRCRAFT DEPOT MAINTENANCE ...... 173,053 173,053 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 3,524 3,524 080 AVIATION LOGISTICS...... 60,219 60,219 090 MISSION AND OTHER SHIP OPERATIONS ...... 942,960 942,960 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 20,236 20,236 110 SHIP DEPOT MAINTENANCE ...... 1,022,647 1,022,647 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE ...... 59,553 59,553

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

160 WARFARE TACTICS...... 16,651 16,651 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 31,118 31,118 180 COMBAT SUPPORT FORCES ...... 635,560 635,560 190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ...... 4,334 4,334 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 24,800 24,800 240 CYBERSPACE ACTIVITIES...... 355 355 280 WEAPONS MAINTENANCE...... 493,033 493,033 290 OTHER WEAPON SYSTEMS SUPPORT ...... 12,780 12,780 310 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 67,321 67,321 320 BASE OPERATING SUPPORT ...... 211,394 211,394 SUBTOTAL OPERATING FORCES ...... 4,418,623 4,418,623

MOBILIZATION 370 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 12,902 12,902 390 COAST GUARD SUPPORT ...... 165,000 165,000 SUBTOTAL MOBILIZATION ...... 177,902 177,902

TRAINING AND RECRUITING 430 SPECIALIZED SKILL TRAINING ...... 51,138 51,138 SUBTOTAL TRAINING AND RECRUITING ...... 51,138 51,138

CLASSIFIED PROGRAMS ...... 16,076 16,076 ADMIN & SRVWD ACTIVITIES 510 ADMINISTRATION ...... 4,145 4,145 540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 7,503 7,503 580 SERVICEWIDE TRANSPORTATION...... 69,297 69,297 610 ACQUISITION, LOGISTICS, AND OVERSIGHT ...... 10,912 10,912 650 INVESTIGATIVE AND SECURITY SERVICES ...... 1,559 1,559 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 109,492 109,492

TOTAL OPERATION & MAINTENANCE, NAVY ...... 4,757,155 4,757,155

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 734,505 734,505 020 FIELD LOGISTICS...... 212,691 212,691 030 DEPOT MAINTENANCE...... 53,040 53,040 070 BASE OPERATING SUPPORT ...... 23,047 23,047 SUBTOTAL OPERATING FORCES ...... 1,023,283 1,023,283

TRAINING AND RECRUITING 120 TRAINING SUPPORT...... 30,459 30,459 SUBTOTAL TRAINING AND RECRUITING ...... 30,459 30,459

CLASSIFIED PROGRAMS ...... 4,650 4,650 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION...... 61,400 61,400 170 ADMINISTRATION ...... 2,108 2,108 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 68,158 68,158

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ...... 1,121,900 1,121,900

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 020 INTERMEDIATE MAINTENANCE...... 500 500 030 AIRCRAFT DEPOT MAINTENANCE ...... 11,400 11,400 080 COMBAT SUPPORT FORCES ...... 13,737 13,737 SUBTOTAL OPERATING FORCES ...... 25,637 25,637

TOTAL OPERATION & MAINTENANCE, NAVY RES ...... 25,637 25,637

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES...... 2,550 2,550 040 BASE OPERATING SUPPORT ...... 795 795 SUBTOTAL OPERATING FORCES ...... 3,345 3,345

TOTAL OPERATION & MAINTENANCE, MC RESERVE ...... 3,345 3,345

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 166,274 166,274 020 COMBAT ENHANCEMENT FORCES ...... 1,492,580 1,492,580 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 110,237 110,237 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ...... 209,996 209,996 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 92,412 92,412 060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...... 1,289,693 1,289,693 070 FLYING HOUR PROGRAM ...... 2,355,264 2,355,264 080 BASE SUPPORT...... 1,141,718 1,141,718 090 GLOBAL C3I AND EARLY WARNING ...... 13,537 13,537 100 OTHER COMBAT OPS SPT PROGRAMS ...... 224,713 224,713 110 CYBERSPACE ACTIVITIES...... 17,353 17,353

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

120 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 36,098 36,098 130 LAUNCH FACILITIES...... 385 385 140 SPACE CONTROL SYSTEMS ...... 38,966 38,966 170 US NORTHCOM/NORAD...... 725 725 180 US STRATCOM...... 2,056 2,056 190 US CYBERCOM...... 35,189 35,189 200 US CENTCOM...... 162,691 162,691 210 US SOCOM...... 19,000 19,000 SUBTOTAL OPERATING FORCES ...... 7,408,887 7,408,887

MOBILIZATION 230 AIRLIFT OPERATIONS...... 1,287,659 1,287,659 240 MOBILIZATION PREPAREDNESS...... 107,064 107,064 SUBTOTAL MOBILIZATION ...... 1,394,723 1,394,723

TRAINING AND RECRUITING 280 OFFICER ACQUISITION...... 300 300 290 RECRUIT TRAINING...... 340 340 330 SPECIALIZED SKILL TRAINING ...... 25,327 25,327 340 FLIGHT TRAINING...... 844 844 350 PROFESSIONAL DEVELOPMENT EDUCATION ...... 1,199 1,199 360 TRAINING SUPPORT...... 1,320 1,320 SUBTOTAL TRAINING AND RECRUITING ...... 29,330 29,330

CLASSIFIED PROGRAMS ...... 51,108 51,108 ADMIN & SRVWD ACTIVITIES 430 LOGISTICS OPERATIONS...... 154,485 154,485 440 TECHNICAL SUPPORT ACTIVITIES ...... 13,608 13,608 480 ADMINISTRATION ...... 4,814 4,814 490 SERVICEWIDE COMMUNICATIONS...... 131,123 131,123 500 OTHER SERVICEWIDE ACTIVITIES ...... 97,471 97,471 540 INTERNATIONAL SUPPORT...... 240 240 SUBTOTAL ADMIN & SRVWD ACTIVITIES ...... 452,849 452,849

TOTAL OPERATION & MAINTENANCE, AIR FORCE ...... 9,285,789 9,285,789

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ...... 51,000 51,000 060 BASE SUPPORT...... 9,500 9,500 SUBTOTAL OPERATING FORCES ...... 60,500 60,500

TOTAL OPERATION & MAINTENANCE, AF RESERVE ...... 60,500 60,500

OPERATION & MAINTENANCE, ANG OPERATING FORCES 020 MISSION SUPPORT OPERATIONS ...... 3,560 3,560 060 BASE SUPPORT...... 12,310 12,310 SUBTOTAL OPERATING FORCES ...... 15,870 15,870

TOTAL OPERATION & MAINTENANCE, ANG ...... 15,870 15,870

OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 28,671 28,671 040 SPECIAL OPERATIONS COMMAND/OPERATING FORCES ...... 3,733,161 3,733,161 SUBTOTAL OPERATING FORCES ...... 3,761,832 3,761,832

CLASSIFIED PROGRAMS ...... 1,944,813 1,944,813 ADMIN & SRVWIDE ACTIVITIES 100 DEFENSE CONTRACT AUDIT AGENCY ...... 1,781 1,781 110 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 21,723 21,723 130 DEFENSE INFORMATION SYSTEMS AGENCY ...... 111,702 111,702 150 DEFENSE LEGAL SERVICES AGENCY ...... 127,023 127,023 170 DEFENSE MEDIA ACTIVITY ...... 14,377 14,377 190 DEFENSE SECURITY COOPERATION AGENCY ...... 2,208,442 1,658,442 Coalition Support Funds ...... [–550,000] 230 DEFENSE THREAT REDUCTION AGENCY ...... 302,250 302,250 250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 31,620 31,620 290 OFFICE OF THE SECRETARY OF DEFENSE ...... 16,579 16,579 310 WASHINGTON HEADQUARTERS SERVICES ...... 7,766 7,766 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...... 4,788,076 4,238,076

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ...... 8,549,908 7,999,908

TOTAL OPERATION & MAINTENANCE ...... 47,382,670 46,832,670

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SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) FY 2019 Senate Item Request Authorized

MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS ...... 140,689,301 137,627,221 End strength cut ...... [–993,200] Foreign Currency Fluctuation ...... [–133,000] JROTC ...... 1,220 Military Personnel Underexecution ...... [–1,937,100] SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ...... 140,689,301 137,627,221

MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS ...... 7,533,090 7,533,090 SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS ...... 7,533,090 7,533,090

TOTAL MILITARY PERSONNEL ...... 148,222,391 145,160,311

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Item Request Authorized

MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS ...... 4,660,661 4,660,661 SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS ...... 4,660,661 4,660,661

TOTAL MILITARY PERSONNEL ...... 4,660,661 4,660,661

TITLE XLV—OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 010 Industrial Operations...... 59,002 59,002 020 Supply Management—Army...... 99,763 99,763 SUBTOTAL WORKING CAPITAL FUND, ARMY ...... 59,002 59,002 SUBTOTAL WORKING CAPITAL FUND, ARMY ...... 99,763 99,763

WORKING CAPITAL FUND, AIR FORCE 020 Supplies and Materials ...... 69,054 69,054 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ...... 69,054 69,054

WORKING CAPITAL FUND, DEFENSE-WIDE 020 Supply Chain Management—Def ...... 48,096 48,096 SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE ...... 48,096 48,096

WORKING CAPITAL FUND, DECA 010 Working Capital Fund, DECA ...... 1,266,200 1,266,200 SUBTOTAL WORKING CAPITAL FUND, DECA ...... 1,266,200 1,266,200

TOTAL WORKING CAPITAL FUND ...... 1,542,115 1,542,115

CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION AND MAINTENANCE 1 Chem Demilitarization—O&M...... 105,997 105,997 SUBTOTAL OPERATION AND MAINTENANCE ...... 105,997 105,997

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 2 Chem Demilitarization—RDT&E...... 886,728 886,728 SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ...... 886,728 886,728

PROCUREMENT 3 Chem Demilitarization—Proc...... 1,091 1,091 SUBTOTAL PROCUREMENT ...... 1,091 1,091

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ...... 993,816 993,816

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES 010 Drug Interdiction and Counter-Drug Activities, Defense ...... 547,171 547,171 SUBTOTAL DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES ...... 547,171 547,171

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SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

DRUG DEMAND REDUCTION PROGRAM 020 Drug Demand Reduction Program ...... 117,900 117,900 SUBTOTAL DRUG DEMAND REDUCTION PROGRAM ...... 117,900 117,900

READINESS COUNTERDRUG ACTIVITIES 040 Drug Interdiction and Counter-Drug Activities, Defense ...... 5,276 5,276 SUBTOTAL READINESS COUNTERDRUG ACTIVITIES ...... 5,276 5,276

NATIONAL GUARD COUNTER-DRUG PROGRAM 030 National Guard Counter-Drug Program ...... 117,178 117,178 SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM ...... 117,178 117,178

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 787,525 787,525

OFFICE OF THE INSPECTOR GENERAL OPERATION AND MAINTENANCE 010 Office of the Inspector General ...... 327,611 327,611 SUBTOTAL OPERATION AND MAINTENANCE ...... 327,611 327,611

RDT&E 020 Office of the Inspector General ...... 1,602 1,602 SUBTOTAL RDT&E ...... 1,602 1,602

PROCUREMENT 030 Office of the Inspector General ...... 60 60 SUBTOTAL PROCUREMENT ...... 60 60

TOTAL OFFICE OF THE INSPECTOR GENERAL ...... 329,273 329,273

DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 010 In-House Care...... 9,738,569 9,738,569 020 Private Sector Care ...... 15,103,735 15,103,735 030 Consolidated Health Support ...... 2,107,961 2,107,961 040 Information Management...... 2,039,878 2,039,878 050 Management Activities...... 307,629 307,629 060 Education and Training ...... 756,778 759,278 Specialized medical pilot program ...... [2,500] 070 Base Operations/Communications...... 2,090,845 2,090,845 SUBTOTAL OPERATION & MAINTENANCE ...... 32,145,395 32,147,895

RDT&E 080 R&D Research...... 11,386 11,386 090 R&D Exploratry Development ...... 75,010 75,010 100 R&D Advanced Development ...... 275,258 275,258 110 R&D Demonstration/Validation...... 117,529 117,529 120 R&D Engineering Development ...... 151,985 151,985 130 R&D Management and Support ...... 63,755 63,755 140 R&D Capabilities Enhancement ...... 15,714 15,714 SUBTOTAL RDT&E ...... 710,637 710,637

PROCUREMENT 150 PROC Initial Outfitting ...... 33,056 33,056 160 PROC Replacement & Modernization ...... 343,424 343,424 180 PROC DoD Healthcare Management System Modernization ...... 496,680 496,680 SUBTOTAL PROCUREMENT ...... 873,160 873,160

TOTAL DEFENSE HEALTH PROGRAM ...... 33,729,192 33,731,692

TOTAL OTHER AUTHORIZATIONS ...... 37,381,921 37,384,421

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 020 Supply Management—Army...... 6,600 6,600 SUBTOTAL WORKING CAPITAL FUND, ARMY ...... 6,600 6,600

WORKING CAPITAL FUND, AIR FORCE 020 Supplies and Materials ...... 8,590 8,590 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE ...... 8,590 8,590

TOTAL WORKING CAPITAL FUND ...... 15,190 15,190

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES

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SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Line Item Request Authorized

010 Drug Interdiction and Counter-Drug Activities, Defense ...... 153,100 153,100 SUBTOTAL DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES ...... 153,100 153,100

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 153,100 153,100

OFFICE OF THE INSPECTOR GENERAL OPERATION AND MAINTENANCE 010 Office of the Inspector General ...... 24,692 24,692 SUBTOTAL OPERATION AND MAINTENANCE ...... 24,692 24,692

TOTAL OFFICE OF THE INSPECTOR GENERAL ...... 24,692 24,692

DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 010 In-House Care...... 72,627 72,627 020 Private Sector Care ...... 277,066 277,066 030 Consolidated Health Support ...... 2,375 2,375 SUBTOTAL OPERATION & MAINTENANCE ...... 352,068 352,068

TOTAL DEFENSE HEALTH PROGRAM ...... 352,068 352,068

COUNTER-ISIS TRAIN AND EQUIP FUND COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ ...... 850,000 850,000 020 SYRIA ...... 300,000 300,000 030 Other ...... 250,000 250,000 SUBTOTAL COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF) ...... 1,400,000 1,400,000

TOTAL COUNTER-ISIS TRAIN AND EQUIP FUND ...... 1,400,000 1,400,000

TOTAL OTHER AUTHORIZATIONS ...... 1,945,050 1,945,050

TITLE XLVI—MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

MILITARY CONSTRUCTION ARMY Alabama ARMY Anniston Army Depot Weapon Maintenance Shop ...... 5,200 5,200 California ARMY Fort Irwin Multipurpose Range Complex ...... 29,000 29,000 Colorado ARMY Fort Carson Vehicle Maintenance Shop ...... 77,000 77,000 Georgia ARMY Fort Gordon Cyber Instructional Fac and Network Ctr ...... 99,000 99,000 Germany ARMY East Camp Grafenwoehr Mission Training Complex ...... 31,000 31,000 Hawaii ARMY Fort Shafter Command and Control Facility, Incr 4 ...... 105,000 105,000 ARMY Wheeler Army Airfield Rotary wing parking apron ...... 0 50,000 Honduras ARMY Soto Cano AB Barracks ...... 21,000 21,000 Indiana ARMY Crane Army Ammunition Activity Railcar Holding Area ...... 16,000 16,000 Kentucky ARMY Fort Campbell Microgrid and power plant ...... 0 18,000 ARMY Fort Campbell Vehicle Maintenance Shop ...... 32,000 32,000 ARMY Fort Knox Digital Air/Ground Integration Range ...... 26,000 26,000 Korea ARMY Camp Tango Command and Control Facility ...... 17,500 17,500 Kuwait ARMY Camp Arifjan Vehicle Maintenance Shop ...... 44,000 44,000 New Jersey ARMY Picatinny Arsenal Munitions Disassembly Complex ...... 41,000 41,000 New Mexico ARMY White Sands Missile Range Information Systems Facility ...... 40,000 40,000 New York ARMY West Point Military Reservation Engineering Center ...... 95,000 95,000 ARMY West Point Military Reservation Parking Structure ...... 65,000 65,000 North Carolina ARMY Fort Bragg Dining Facility ...... 10,000 10,000 South Carolina ARMY Fort Jackson Trainee Barracks Complex 3, PH2 ...... 52,000 52,000 Texas ARMY Fort Bliss Supply Support Activity ...... 24,000 24,000 ARMY Fort Hood Supply Support Activity ...... 0 9,600

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

Virginia ARMY Arlington National Cemetery Arlington National Cemetery Southern Expansion ...... 0 30,000 Worldwide Unspecified ARMY Unspecified Worldwide Locations Host Nation Support ...... 34,000 34,000 ARMY Unspecified Worldwide Locations Planning and Design ...... 71,068 71,068 ARMY Unspecified Worldwide Locations Unspecified Minor Construction ...... 72,000 72,000 ARMY Unspecified Worldwide Locations Planning and Design ...... 5,000 5,000

SUBTOTAL ARMY ...... 1,011,768 1,119,368

NAVY Arizona NAVY Camp Navajo Missile Motor Magazines and U&SI ...... 0 14,800 Bahamas NAVY Andros Island AUTEC Austere Quarters ...... 31,050 31,050 Bahrain Island NAVY SW Asia Fleet Maintenance Facility & TOC ...... 26,340 26,340 California NAVY Camp Pendleton 62 Area Mess Hall & Consolidated Warehouse ...... 0 71,700 NAVY Camp Pendleton Supply Warehouse SOI-West ...... 0 16,600 NAVY Camp Pendleton Potable Water Distribution Improvements ...... 47,230 47,230 NAVY Camp Pendleton AAV-ACV Maintenance & Warehouse Facility ...... 49,410 49,410 NAVY Camp Pendleton Full Motion Trainer Facility ...... 10,670 10,670 NAVY Camp Pendleton Electrical Upgrades ...... 4,020 4,020 NAVY Coronado CMV–22B Airfield Improvements ...... 77,780 77,780 NAVY Lemoore F–35 Maintenance Hangar ...... 112,690 112,690 NAVY Miramar F–35 Vertical Landing Pads and Taxiway ...... 20,480 20,480 NAVY Miramar Airfield Security Improvements ...... 11,500 11,500 NAVY Point Mugu Directed Energy Systems Intergration Lab ...... 22,150 22,150 NAVY San Diego Harbor Drive Switching Station ...... 48,440 48,440 NAVY San Diego Pier 8 Replacement ...... 108,100 108,100 NAVY San Nicolas Island Missile Assembly Build & High Explosive Mag ...... 31,010 31,010 NAVY Seal Beach Missile Magazines ...... 0 21,800 NAVY Seal Beach Causeway, Boat Channel & Turning Basin ...... 117,830 117,830 District of Columbia NAVY Naval Observatory Master Time Clocks & Operations Facility ...... 115,600 115,600 Florida NAVY Mayport LCS Support Facility ...... 82,350 82,350 NAVY Mayport LCS Operational Training Facility Addition ...... 29,110 29,110 NAVY NAS Whiting Field Air Traffic Control Tower (North Field) ...... 0 10,000 Georgia NAVY MCLB Albany Welding and Body Repair Shop Facility ...... 0 31,900 Germany NAVY Panzer Kaserne Marforeur HQ Modernization and Expansion ...... 43,950 43,950 Guam NAVY Joint Region Marianas Ace Gym & Dining ...... 27,910 27,910 NAVY Joint Region Marianas Earth Covered Magazines ...... 52,270 52,270 NAVY Joint Region Marianas Ordnance Ops ...... 22,020 22,020 NAVY Joint Region Marianas Machine Gun Range ...... 141,287 15,000 NAVY Joint Region Marianas Unaccompanied Enlisted Housing ...... 36,170 36,170 Guantanamo Bay, Cuba NAVY Guantanamo Bay Solid Waste Management Facility ...... 85,000 85,000 Hawaii NAVY Joint Base Pearl Harbor-Hickam Drydock Waterfront Facility ...... 45,000 45,000 NAVY Kaneohe Bay Corrosion Control Hangar ...... 66,100 66,100 NAVY Pearl City Water Transmission Line ...... 78,320 78,320 Japan NAVY Kadena AB Tactical Operations Center ...... 9,049 9,049 Maine NAVY Kittery Extend Portal Crane Rail ...... 39,725 39,725 NAVY Kittery Dry Dock #1 Superflood Basin ...... 109,960 109,960 Mississippi NAVY Naval Construction Battalion Cen- Expeditionary Combat Skills Student Berthing ...... 0 22,300 ter North Carolina NAVY Camp Lejeune 2nd Radio BN Complex, Phase 2 ...... 0 51,300 NAVY Cherry Point Marine Corps Air Aircraft Maintenance Hangar ...... 133,970 27,000 Station NAVY Cherry Point Marine Corps Air Flightline Utility Modernization ...... 106,860 106,860 Station Pennsylvania NAVY Philadelphia Submarine Propulsor Manufacturing Support Fac ...... 71,050 71,050 South Carolina NAVY MCAS Beaufort Cryogenics Facility ...... 0 6,300 NAVY MCAS Beaufort Recycling/Hazardous Waste Facility ...... 9,517 9,517 NAVY Parris Island Range Improvements & Modernization, Phase 2 ...... 35,190 35,190 Utah NAVY Hill AFB D5 Missile Motor Receipt/Storage Facility ...... 105,520 105,520 Virginia NAVY Portsmouth Ships Maintenance Facility ...... 26,120 26,120 NAVY Quantico Ammunition Supply Point Upgrade, Phase 2 ...... 0 13,100 NAVY Quantico TBS Fire Station ...... 21,980 0

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

Washington NAVY Bangor Pier and Maintenance Facility ...... 88,960 88,960 NAVY Whidbey Island Fleet Support Facility ...... 19,450 19,450 NAVY Whidbey Island Next Generation Jammer Facility ...... 7,930 7,930 Worldwide Unspecified NAVY Unspecified Worldwide Locations Unspecified Minor Construction ...... 0 25,000 NAVY Unspecified Worldwide Locations Unspecified Minor Construction ...... 28,579 28,579 NAVY Unspecified Worldwide Locations Planning and Design ...... 185,542 185,542

SUBTOTAL NAVY ...... 2,543,189 2,572,752

AIR FORCE Alaska AIR FORCE Eielson AFB F–35A School AGE Facility ...... 22,500 22,500 AIR FORCE Eielson AFB F–35A CATM Range ...... 19,000 19,000 AIR FORCE Eielson AFB F–35 Aircraft Maintenance Unit Admin Facility ...... 6,800 6,800 AIR FORCE Eielson AFB F–35 Conventional Munitions Maintenance Fac ...... 15,500 15,500 Arizona AIR FORCE Davis-Monthan AFB AGE Facility ...... 0 15,000 AIR FORCE Luke AFB F–35A Squad Ops #6 ...... 17,000 17,000 AIR FORCE Luke AFB F–35A ADAL AMU B914 Sq 6 ...... 23,000 23,000 Florida AIR FORCE Eglin AFB F–35A Student Dormitory II ...... 28,000 28,000 AIR FORCE Eglin AFB F–35A Integrated Trng Center Academics Bldg ...... 34,863 34,863 AIR FORCE MacDill AFB KC135 Beddown Add Flight Simulator Training ...... 3,100 3,100 Guam AIR FORCE Joint Region Marianas Hayman Munitions Storage Igloos MSA 2 ...... 9,800 9,800 Mariana Islands AIR FORCE Tinian APR—Cargo Pad With Taxiway Extension ...... 46,000 46,000 AIR FORCE Tinian APR—Maintenance Support Facility ...... 4,700 4,700 Maryland AIR FORCE Joint Base Andrews Child Development Center ...... 0 13,000 AIR FORCE Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD Range ...... 37,000 37,000 AIR FORCE Joint Base Andrews Presidential Aircraft Recap Complex, Inc. 2 ...... 154,000 121,250 Massachusetts AIR FORCE Hanscom AFB MIT-Lincoln Laboratory (West Lab CSL/MIF) ...... 225,000 175,000 Nebraska AIR FORCE Offutt AFB Parking Lot, USSTRATCOM ...... 9,500 9,500 Nevada AIR FORCE Creech AFB MQ–9 CPIP Operations & Command Center Fac...... 28,000 28,000 AIR FORCE Creech AFB MQ–9 CPIP GCS Operations Facility ...... 31,000 31,000 AIR FORCE Nellis AFB CRH Simulator ...... 5,900 5,900 New Mexico AIR FORCE Holloman AFB MQ–9 FTU Ops Facility ...... 85,000 85,000 AIR FORCE Kirtland AFB Wyoming Gate Upgrade for Anti-Terrorism Compliance ...... 0 7,000 New York AIR FORCE Rome Lab Anti-Terrorism Perimeter Security / Entry Control Point ...... 0 14,200 North Dakota AIR FORCE Minot AFB Consolidated Helo/TRF Ops/AMU and Alert Fac ...... 66,000 66,000 Ohio AIR FORCE Wright-Patterson AFB ADAL Intelligence Production Complex (NASIC) ...... 116,100 116,100 Oklahoma AIR FORCE Altus AFB KC–46A FTU/FTC Simulator Facility PH 3 ...... 12,000 12,000 AIR FORCE Tinker AFB KC–46A Depot Maintenance Hangar ...... 81,000 81,000 AIR FORCE Tinker AFB KC–46A Depot Fuel Maintenance Hangar ...... 85,000 85,000 Qatar AIR FORCE Al Udeid Personnel Deployment Processing Facility ...... 40,000 40,000 AIR FORCE Al Udeid Flightline Support Facilities ...... 30,400 30,400 South Carolina AIR FORCE Shaw AFB CPIP MQ–9 MCE Group ...... 53,000 53,000 Texas AIR FORCE Joint Base San Antonio-Lackland BMT Recruit Dormitory 6 ...... 25,000 25,000 United Kingdom AIR FORCE Royal Air Force Lakenheath F–35A Fuel System Maintenance Dock 2 Bay ...... 16,880 16,880 AIR FORCE Royal Air Force Lakenheath F–35A Parking Apron ...... 27,431 27,431 AIR FORCE Royal Air Force Lakenheath F–35A AGE Facility ...... 12,449 12,449 AIR FORCE Royal Air Force Lakenheath F–35A ADAL Parts Store ...... 13,926 13,926 AIR FORCE Royal Air Force Lakenheath F–35A 6 Bay Hangar ...... 39,036 39,036 AIR FORCE Royal Air Force Lakenheath F–35A Dorm ...... 29,541 29,541 AIR FORCE Royal Air Force Lakenheath F–35A ADAL Conventional Munitions MX ...... 9,204 9,204 Utah AIR FORCE Hill AFB Composite Aircraft Antenna Calibration Fac ...... 0 26,000 Washington AIR FORCE White Bluff ADAL JPRA C2 Mission Support Facility ...... 0 14,000 Worldwide Classified AIR FORCE Classified Location TACMOR—Utilities and Infrastructure Support ...... 18,000 18,000 Worldwide Unspecified AIR FORCE Various Worldwide Locations Planning and Design ...... 0 20,000 AIR FORCE Various Worldwide Locations Planning and Design ...... 195,577 195,577 AIR FORCE Various Worldwide Locations Planning and Design ...... 11,000 11,000 AIR FORCE Various Worldwide Locations Unspecified Minor Military Construction ...... 38,500 38,500

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

SUBTOTAL AIR FORCE ...... 1,725,707 1,752,157

DEFENSE-WIDE Alabama DEFENSE- Anniston Army Depot Install microgrid ...... 0 20,000 WIDE Alaska DEFENSE- Clear AFS Long Range Discrim Radar Sys Complex Ph2 ...... 174,000 130,000 WIDE DEFENSE- Fort Greely Missile Field #1 Expansion ...... 8,000 8,000 WIDE DEFENSE- Joint Base Elmendorf-Richardson Operations Facility Replacement ...... 14,000 14,000 WIDE Arkansas DEFENSE- Little Rock AFB Hydrant Fuel System Alterations ...... 14,000 14,000 WIDE Belgium DEFENSE- U.S. Army Garrison Benelux Europe West District Superintendent’s Office ...... 14,305 14,305 WIDE (Chievres) California DEFENSE- Camp Pendleton SOF EOD Facility—West ...... 3,547 3,547 WIDE DEFENSE- Camp Pendleton SOF Human Performance Training Center-West ...... 9,049 9,049 WIDE DEFENSE- Coronado SOF NSWG–1 Operations Support Facility ...... 25,172 25,172 WIDE DEFENSE- Coronado SOF Close Quarters Combat Facility ...... 12,768 12,768 WIDE DEFENSE- Coronado SOF ATC Applied Instruction Facility ...... 14,819 14,819 WIDE DEFENSE- Coronado SOF ATC Training Facility ...... 18,329 18,329 WIDE DEFENSE- Defense Distribution Depot-Tracy Main Access Control Point Upgrades ...... 18,800 18,800 WIDE DEFENSE- NB Ventura County SNI Energy Storage System ...... 0 6,530 WIDE Colorado DEFENSE- Fort Carson SOF Human Performance Training Center ...... 15,297 15,297 WIDE DEFENSE- Fort Carson SOF Mountaineering Facility ...... 9,000 9,000 WIDE Conus Classified DEFENSE- Classified Location Battalion Complex, PH2 ...... 49,222 49,222 WIDE Djibouti DEFENSE- Camp Lemonnier ECIP-Install PV Ground Array ...... 0 3,750 WIDE Germany DEFENSE- Baumholder SOF Joint Parachute Rigging Facility ...... 11,504 11,504 WIDE DEFENSE- Kaiserslautern AB Kaiserslautern Middle School ...... 99,955 99,955 WIDE DEFENSE- Rhine Ordnance Barracks Medical Center Replacement Inc. 8 ...... 319,589 319,589 WIDE DEFENSE- Weisbaden Clay Kaserne Elementary School ...... 56,048 56,048 WIDE Greece DEFENSE- NSA Souda Bay Energy Management Control Systems (EMCS) ...... 0 2,230 WIDE Guam DEFENSE- Naval Base Guam P–691 NBG 74 Facilities Automated Controls ...... 0 4,634 WIDE Guantanamo Bay, Cuba DEFENSE- Guantanamo Bay Working Dog Treatment Facility Replacement ...... 9,080 9,080 WIDE Hawaii DEFENSE- Bellows AFB Expand PV and provide energy resilience to fire crash rescue ...... 0 2,944 WIDE Japan DEFENSE- Camp McTureous Bechtel Elementary School ...... 94,851 94,851 WIDE DEFENSE- Iwakuni Fuel Pier...... 33,200 33,200 WIDE DEFENSE- Kadena AB Truck Unload Facilities ...... 21,400 21,400 WIDE DEFENSE- Yokosuka Kinnick High School ...... 170,386 40,000 WIDE Kansas DEFENSE- Salina Training Center PV/Water Conservation & Energy Resilience ...... 0 3,500 WIDE Kentucky

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

DEFENSE- Fort Campbell Ft Campbell Middle School ...... 62,634 62,634 WIDE DEFENSE- Fort Campbell SOF Logistics Support Operations Facility ...... 5,435 5,435 WIDE DEFENSE- Fort Campbell SOF Air/Ground Integ. Urban Live Fire Range ...... 9,091 9,091 WIDE DEFENSE- Fort Campbell SOF Multi-Use Helicopter Training Facility ...... 5,138 5,138 WIDE Louisiana DEFENSE- JRB NAS New Orleans Distribution Switchgear ...... 0 5,340 WIDE Maine DEFENSE- Kittery Consolidated Warehouse Replacement ...... 11,600 11,600 WIDE Maryland DEFENSE- Fort Meade NSAW Recapitalize Building #2 Inc 4 ...... 218,000 191,600 WIDE DEFENSE- Fort Meade NSAW Recapitalize Building #3 Inc 1 ...... 99,000 99,000 WIDE DEFENSE- Fort Meade Mission Support Operations Warehouse Facility ...... 30,000 30,000 WIDE Missouri DEFENSE- St Louis Next NGA West (N2W) Complex Phase 1 Inc. 2 ...... 213,600 50,000 WIDE DEFENSE- St Louis Next NGA West (N2W) Complex Phase 2 Inc. 1 ...... 110,000 110,000 WIDE New Jersey DEFENSE- Joint Base McGuire-Dix-Lakehurst Hot Cargo Hydrant System Replacement ...... 10,200 10,200 WIDE North Carolina DEFENSE- Fort Bragg SOF Replace Training Maze and Tower ...... 12,109 12,109 WIDE DEFENSE- Fort Bragg SOF SERE Resistance Training Lab. Complex ...... 20,257 20,257 WIDE DEFENSE- New River Amb Care Center/Dental Clinic Replacement ...... 32,580 32,580 WIDE Oklahoma DEFENSE- McAlester Bulk Diesel System Replacement ...... 7,000 7,000 WIDE South Carolina DEFENSE- MCAS Beaufort Electrical Hardening and Black Start CHP System ...... 0 22,402 WIDE Texas DEFENSE- Camp Mabry Install microgrid ...... 0 5,500 WIDE DEFENSE- Joint Base San Antonio-Lackland Energy Aerospace Operations Facility ...... 10,200 10,200 WIDE DEFENSE- Red River Army Depot General Purpose Warehouse ...... 71,500 71,500 WIDE United Kingdom DEFENSE- Croughton RAF Ambulatory Care Center Addition/Alteration ...... 10,000 0 WIDE Virginia DEFENSE- Dam Neck SOF Magazines ...... 8,959 8,959 WIDE DEFENSE- Fort A.P. Hill Training Campus ...... 11,734 11,734 WIDE DEFENSE- Fort Belvoir Human Performance Training Center ...... 6,127 6,127 WIDE DEFENSE- Humphreys Engineer Center Maintenance and Supply Facility ...... 20,257 20,257 WIDE DEFENSE- Joint Base Langley-Eustis Fuel Facilities Replacement ...... 6,900 6,900 WIDE DEFENSE- Joint Base Langley-Eustis Ground Vehicle Fueling Facility Replacement ...... 5,800 5,800 WIDE DEFENSE- NAS Oceana Super Flight Line Electrical Distribtion System (FLEDS) ...... 0 2,520 WIDE DEFENSE- Pentagon North Village VACP & Fencing ...... 12,200 12,200 WIDE DEFENSE- Pentagon Exterior Infrastruc. & Security Improvements ...... 23,650 23,650 WIDE Washington DEFENSE- Joint Base Lewis-McChord Refueling Facility ...... 26,200 26,200 WIDE Worldwide Unspecified DEFENSE- Unspecified Worldwide Locations Planning and Design—ERCIP ...... 0 5,000 WIDE DEFENSE- Unspecified Worldwide Locations Planning and Design ...... 55,925 55,925 WIDE DEFENSE- Unspecified Worldwide Locations Planning and Design ...... 496 496 WIDE

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

DEFENSE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 10,000 10,000 WIDE DEFENSE- Unspecified Worldwide Locations Planning and Design ...... 14,184 14,184 WIDE DEFENSE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 13,642 13,642 WIDE DEFENSE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 5,000 5,000 WIDE DEFENSE- Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog...... 150,000 150,000 WIDE DEFENSE- Unspecified Worldwide Locations Contingency Construction ...... 10,000 10,000 WIDE DEFENSE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 3,000 3,000 WIDE DEFENSE- Unspecified Worldwide Locations Planning and Design ...... 14,300 14,300 WIDE DEFENSE- Unspecified Worldwide Locations ERCIP Design ...... 10,000 10,000 WIDE DEFENSE- Unspecified Worldwide Locations Exercise Related Minor Construction ...... 12,479 12,479 WIDE DEFENSE- Unspecified Worldwide Locations Planning and Design ...... 2,036 2,036 WIDE DEFENSE- Various Worldwide Locations Planning & Design ...... 42,705 42,705 WIDE DEFENSE- Various Worldwide Locations Unspecified Minor Construction ...... 17,366 17,366 WIDE DEFENSE- Various Worldwide Locations Planning and Design ...... 55,699 55,699 WIDE

SUBTOTAL DEFENSE-WIDE ...... 2,693,324 2,403,288

ARMY NATIONAL GUARD Alaska ARMY NA- Joint Base Elmendorf-Richardson United States Property & Fiscal Office ...... 27,000 27,000 TIONAL GUARD Illinois ARMY NA- Marseilles Automated Record Fire Range ...... 5,000 5,000 TIONAL GUARD Montana ARMY NA- Malta National Guard Readiness Center ...... 15,000 15,000 TIONAL GUARD Nevada ARMY NA- North Las Vegas National Guard Readiness Center ...... 32,000 32,000 TIONAL GUARD New Hampshire ARMY NA- Pembroke National Guard Readiness Center ...... 12,000 12,000 TIONAL GUARD North Dakota ARMY NA- Fargo National Guard Readiness Center ...... 32,000 32,000 TIONAL GUARD Ohio ARMY NA- Camp Ravenna Automated Multipurpose Machine Gun Range ...... 7,400 7,400 TIONAL GUARD Oklahoma ARMY NA- Lexington Aircraft vehicle storage building ...... 0 11,000 TIONAL GUARD Oregon ARMY NA- Boardman Tactical unmanned aerial vehicle hangar ...... 0 11,000 TIONAL GUARD South Dakota ARMY NA- Rapid City National Guard Readiness Center ...... 15,000 15,000 TIONAL GUARD Texas ARMY NA- Houston Unheated vehicle storage (aircraft) ...... 0 15,000 TIONAL GUARD Virginia ARMY NA- Sandston Army aviation support facility ...... 0 89,000 TIONAL GUARD Worldwide Unspecified

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

ARMY NA- Unspecified Worldwide Locations Unspecified Minor Construction ...... 18,100 18,100 TIONAL GUARD ARMY NA- Unspecified Worldwide Locations Planning and Design ...... 16,622 16,622 TIONAL GUARD

SUBTOTAL ARMY NATIONAL GUARD ...... 180,122 306,122

AIR NATIONAL GUARD California AIR NATIONAL Channel Islands Angs Construct C–130J Flight Simulator Facility ...... 8,000 8,000 GUARD Hawaii AIR NATIONAL Joint Base Pearl Harbor-Hickam Construct Addition to F–22 LO/CRF B3408 ...... 17,000 17,000 GUARD Illinois AIR NATIONAL Gen. Wayne A. Downing Peoria Construct New Fire Crash/Rescue Station ...... 9,000 9,000 GUARD International Airport Louisiana AIR NATIONAL JRB NAS New Orleans NORTHCOM—Construct Alert Apron ...... 15,000 15,000 GUARD New York AIR NATIONAL Francis S. Gabreski Airport Security Forces/Comm.training Facility ...... 20,000 20,000 GUARD Pennsylvania AIR NATIONAL Fort Indiantown Gap Replace Operations Training/Dining Hall ...... 8,000 8,000 GUARD Puerto Rico AIR NATIONAL Luis Munoz Marin International Hurricane Maria—Communications Facility ...... 0 15,000 GUARD AIR NATIONAL Luis Munoz Marin International Hurricane Maria—Maintenance Hangar ...... 0 35,000 GUARD Airport Virginia AIR NATIONAL Joint Base Langley-Eustis Construct Cyber Ops Facility ...... 10,000 10,000 GUARD Worldwide Unspecified AIR NATIONAL Unspecified Worldwide Locations Planning and Design ...... 0 4,000 GUARD AIR NATIONAL Unspecified Worldwide Locations Unspecified Minor Construction ...... 23,626 23,626 GUARD AIR NATIONAL Various Worldwide Locations Planning and Design ...... 18,500 18,500 GUARD

SUBTOTAL AIR NATIONAL GUARD ...... 129,126 183,126

ARMY RESERVE California ARMY RE- Barstow ECS Modified TEMF / Warehouse ...... 34,000 34,000 SERVE Wisconsin ARMY RE- Fort McCoy Transient Training Barracks ...... 23,000 23,000 SERVE Worldwide Unspecified ARMY RE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 2,064 2,064 SERVE ARMY RE- Unspecified Worldwide Locations Planning and Design ...... 5,855 5,855 SERVE

SUBTOTAL ARMY RESERVE ...... 64,919 64,919

NAVY RESERVE California NAVY RE- Seal Beach Reserve Training Center ...... 21,740 21,740 SERVE Georgia NAVY RE- Benning Reserve Training Center ...... 13,630 13,630 SERVE Worldwide Unspecified NAVY RE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 3,000 3,000 SERVE NAVY RE- Unspecified Worldwide Locations Planning & Design ...... 4,695 4,695 SERVE

SUBTOTAL NAVY RESERVE ...... 43,065 43,065

AIR FORCE RESERVE Indiana AIR FORCE Grissom ARB Aerial Port Facility ...... 0 9,400 RESERVE AIR FORCE Grissom ARB Add/Alter Aircraft Maintenance Hangar ...... 12,100 12,100 RESERVE

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

Minnesota AIR FORCE Minneapolis-St Paul IAP Small Arms Range ...... 9,000 9,000 RESERVE Mississippi AIR FORCE Keesler AFB Aeromedical Staging Squadron Facility ...... 4,550 4,550 RESERVE New York AIR FORCE Niagara Falls IAP Physical Fitness Center ...... 14,000 14,000 RESERVE Texas AIR FORCE Fort Worth Munitions Training/Admin Facility ...... 3,100 3,100 RESERVE Worldwide Unspecified AIR FORCE Unspecified Worldwide Locations Planning and Design ...... 0 5,000 RESERVE AIR FORCE Unspecified Worldwide Locations Planning & Design ...... 4,055 4,055 RESERVE AIR FORCE Unspecified Worldwide Locations Unspecified Minor Construction ...... 3,358 3,358 RESERVE

SUBTOTAL AIR FORCE RESERVE ...... 50,163 64,563

NATO SECURITY INVESTMENT PROGRAM Worldwide Unspecified NATO SECU- NATO Security Investment Pro- NATO Security Investment Program ...... 171,064 171,064 RITY IN- gram VESTMENT PROGRAM

SUBTOTAL NATO SECURITY INVESTMENT PROGRAM ...... 171,064 171,064

TOTAL MILITARY CONSTRUCTION ...... 8,612,447 8,680,424

FAMILY HOUSING *2 CONSTRUC- TION, ARMY Germany CONSTRUC- Baumholder Family Housing Improvements ...... 32,000 32,000 TION, ARMY Italy CONSTRUC- Vicenza Family Housing New Construction ...... 95,134 95,134 TION, ARMY Korea CONSTRUC- Camp Humphreys Family Housing New Construction Incr 3 ...... 85,000 85,000 TION, ARMY CONSTRUC- Camp Walker Family Housing Replacement Construction ...... 68,000 68,000 TION, ARMY Puerto Rico CONSTRUC- Fort Buchanan Family Housing Replacement Construction ...... 26,000 26,000 TION, ARMY Wisconsin CONSTRUC- Fort McCoy Family Housing New Construction ...... 6,200 6,200 TION, ARMY Worldwide Unspecified CONSTRUC- Unspecified Worldwide Locations Family Housing P & D ...... 18,326 18,326 TION, ARMY

SUBTOTAL CONSTRUCTION, ARMY ...... 330,660 330,660

OPERATION AND MAINTENANCE, ARMY Worldwide Unspecified OPERATION Unspecified Worldwide Locations Management ...... 36,302 36,302 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Services ...... 10,502 10,502 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Furnishings ...... 15,842 15,842 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Miscellaneous ...... 408 408 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Maintenance ...... 75,530 75,530 AND MAIN- TENANCE, ARMY

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

OPERATION Unspecified Worldwide Locations Utilities ...... 57,872 57,872 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Leasing ...... 161,252 161,252 AND MAIN- TENANCE, ARMY OPERATION Unspecified Worldwide Locations Housing Privitization Support ...... 18,801 18,801 AND MAIN- TENANCE, ARMY

SUBTOTAL OPERATION AND MAINTENANCE, ARMY ...... 376,509 376,509

CONSTRUCTION, NAVY AND MARINE CORPS Mariana Islands CONSTRUC- Guam Replace Andersen Housing PH III ...... 83,441 83,441 TION, NAVY AND MA- RINE CORPS Worldwide Unspecified CONSTRUC- Unspecified Worldwide Locations Improvements, Washington DC ...... 16,638 16,638 TION, NAVY AND MA- RINE CORPS CONSTRUC- Unspecified Worldwide Locations P&D Washington DC ...... 4,502 4,502 TION, NAVY AND MA- RINE CORPS

SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS ...... 104,581 104,581

OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS Worldwide Unspecified OPERATION Unspecified Worldwide Locations Utilities ...... 60,252 60,252 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Furnishings ...... 16,395 16,395 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Management ...... 50,870 50,870 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Miscellaneous ...... 148 148 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Services ...... 16,261 16,261 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Leasing ...... 62,515 62,515 AND MAIN- TENANCE, NAVY AND MARINE CORPS OPERATION Unspecified Worldwide Locations Maintenance ...... 86,328 86,328 AND MAIN- TENANCE, NAVY AND MARINE CORPS

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

OPERATION Unspecified Worldwide Locations Housing Privatization Support ...... 21,767 21,767 AND MAIN- TENANCE, NAVY AND MARINE CORPS

SUBTOTAL OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS ...... 314,536 314,536

CONSTRUCTION, AIR FORCE Worldwide Unspecified CONSTRUC- Unspecified Worldwide Locations Construction Improvements ...... 75,247 75,247 TION, AIR FORCE CONSTRUC- Unspecified Worldwide Locations Planning & Design ...... 3,199 3,199 TION, AIR FORCE

SUBTOTAL CONSTRUCTION, AIR FORCE ...... 78,446 78,446

OPERATION AND MAINTENANCE, AIR FORCE Worldwide Unspecified OPERATION Unspecified Worldwide Locations Housing Privatization ...... 22,205 22,205 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Utilities ...... 48,566 48,566 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Management ...... 54,423 54,423 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Services ...... 13,669 13,669 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Furnishings ...... 30,645 30,645 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Miscellaneous ...... 2,171 2,171 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Leasing ...... 15,832 15,832 AND MAIN- TENANCE, AIR FORCE OPERATION Unspecified Worldwide Locations Maintenance ...... 129,763 129,763 AND MAIN- TENANCE, AIR FORCE

SUBTOTAL OPERATION AND MAINTENANCE, AIR FORCE ...... 317,274 317,274

OPERATION AND MAINTENANCE, DEFENSE-WIDE Worldwide Unspecified OPERATION Unspecified Worldwide Locations Utilities ...... 4,100 4,100 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Furnishings ...... 416 416 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Utilities ...... 106 106 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Leasing ...... 13,046 13,046 AND MAIN- TENANCE, DEFENSE- WIDE

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) FY 2019 Senate Account State/Country and Installation Project Title Request Authorized

OPERATION Unspecified Worldwide Locations Maintenance ...... 121 121 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Furnishings ...... 643 643 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Leasing ...... 38,232 38,232 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Furnishings ...... 01 01 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Services ...... 02 02 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Utilities ...... 09 09 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Maintenance ...... 1,542 1,542 AND MAIN- TENANCE, DEFENSE- WIDE OPERATION Unspecified Worldwide Locations Management ...... 155 155 AND MAIN- TENANCE, DEFENSE- WIDE

SUBTOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ...... 58,373 58,373

IMPROVEMENT FUND Worldwide Unspecified IMPROVE- Unspecified Worldwide Locations Administrative Expenses—FHIF ...... 1,653 1,653 MENT FUND

SUBTOTAL IMPROVEMENT FUND ...... 1,653 1,653

UNACCMP HSG IMPRV FUND Worldwide Unspecified UNACCMP HSG Unaccompanied Housing Improve- Administrative Expenses—UHIF ...... 600 600 IMPRV ment Fund FUND

SUBTOTAL UNACCMP HSG IMPRV FUND ...... 600 600

TOTAL FAMILY HOUSING ...... 1,582,632 1,582,632

DEFENSE BASE REALIGNMENT AND CLOSURE *2 ARMY Worldwide Unspecified ARMY Base Realignment & Closure, Base Realignment and Closure ...... 62,796 62,796 Army

NAVY Worldwide Unspecified NAVY Unspecified Worldwide Locations Base Realignment & Closure ...... 151,839 151,839

AIR FORCE Worldwide Unspecified AIR FORCE Unspecified Worldwide Locations DoD BRAC Activities—Air Force ...... 52,903 52,903

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE ...... 267,538 267,538

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ...... 10,462,617 10,530,594

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SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2019 Senate Account State or Country and Installation Project Title Request Authorized

MILITARY CONSTRUCTION *2 ARMY Bulgaria ARMY Nevo Selo FOS EDI: Ammunition Holding Area ...... 5,200 5,200 Guantanamo Bay, Cuba ARMY Guantanamo Bay OCO: High Value Detention Facility ...... 69,000 0 Poland ARMY Drawsko Pomorski Training Area EDI: Staging Areas ...... 17,000 17,000 ARMY Powidz AB EDI: Rail Extension & Railhead ...... 14,000 14,000 ARMY Powidz AB EDI: Ammunition Storage Facility ...... 52,000 52,000 ARMY Powidz AB EDI: Bulk Fuel Storage ...... 21,000 21,000 ARMY Zagan Training Area EDI: Rail Extension and Railhead ...... 6,400 6,400 ARMY Zagan Training Area EDI: Staging Areas ...... 34,000 34,000 Romania ARMY Mihail Kogalniceanu FOS EDI: Explosives & Ammo Load/Unload Apron ...... 21,651 21,651 Worldwide Unspecified ARMY Unspecified Worldwide Locations EDI: Planning and Design ...... 20,999 20,999

SUBTOTAL ARMY ...... 261,250 192,250

NAVY Greece NAVY Souda Bay EDI: Marathi Logistics Support Center ...... 6,200 6,200 NAVY Souda Bay EDI: Joint Mobility Processing Center ...... 41,650 41,650 Italy NAVY Sigonella EDI: P–8A Taxiway ...... 66,050 66,050 Spain NAVY Rota EDI: Port Operations Facilities ...... 21,590 21,590 United Kingdom NAVY Lossiemouth EDI: P–8 Base Improvements ...... 79,130 79,130 Worldwide Unspecified NAVY Unspecified Worldwide Locations EDI: Planning and Design ...... 12,700 12,700

SUBTOTAL NAVY ...... 227,320 227,320

AIR FORCE Germany AIR FORCE Ramstein AB EDI—KMC DABS-FEV/RH Storage Warehouses ...... 119,000 119,000 Norway AIR FORCE Rygge AS EDI—Construct Taxiway ...... 13,800 13,800 Slovakia AIR FORCE Malacky AB EDI—Regional Munitions Storage Area ...... 59,000 59,000 United Kingdom AIR FORCE RAF Fairford EDI—Construct DABS-FEV Storage ...... 87,000 87,000 AIR FORCE RAF Fairford EDI—Munitions Holding Area ...... 19,000 19,000 Worldwide Unspecified AIR FORCE Unspecified Worldwide Locations EDI—Planning & Design Funds ...... 48,000 48,000

SUBTOTAL AIR FORCE ...... 345,800 345,800

DEFENSE-WIDE Estonia DEFENSE-WIDE Unspecified Estonia EDI: SOF Training Facility ...... 9,600 9,600 DEFENSE-WIDE Unspecified Estonia EDI: SOF Operations Facility ...... 6,100 6,100 Qatar DEFENSE-WIDE Al Udeid OCO: Trans-Regional Logistics Complex ...... 60,000 60,000 Worldwide Unspecified DEFENSE-WIDE Unspecified Worldwide Locations EDI: Planning and Design ...... 7,100 7,100 DEFENSE-WIDE Various Worldwide Locations EDI: Planning and Design ...... 4,250 4,250

SUBTOTAL DEFENSE-WIDE ...... 87,050 87,050

TOTAL MILITARY CONSTRUCTION ...... 921,420 852,420

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC ...... 921,420 852,420

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

Discretionary Summary By Appropriation Energy And Water Development, And Related Agencies Appropriation Summary: Energy Programs Nuclear Energy ...... 136,090 136,090

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

Atomic Energy Defense Activities National nuclear security administration: Weapons activities ...... 11,017,078 11,017,078 Defense nuclear nonproliferation ...... 1,862,825 1,862,825 Naval reactors ...... 1,788,618 1,788,618 Federal salaries and expenses ...... 422,529 422,529 Total, National nuclear security administration ...... 15,091,050 15,091,050

Environmental and other defense activities: Defense environmental cleanup ...... 5,630,217 5,630,217 Other defense activities ...... 853,300 853,300 Defense nuclear waste disposal ...... 30,000 0 Total, Environmental & other defense activities ...... 6,513,517 6,483,517 Total, Atomic Energy Defense Activities ...... 21,604,567 21,574,567 Total, Discretionary Funding ...... 21,740,657 21,710,657

Nuclear Energy Idaho sitewide safeguards and security ...... 136,090 136,090 Total, Nuclear Energy ...... 136,090 136,090

Weapons Activities Directed stockpile work Life extension programs and major alterations B61 Life extension program ...... 794,049 794,049 W76 Life extension program ...... 113,888 0 Split into W76–1 and W76–2 lines ...... [–113,888] W76–1 Life extension program ...... 0 48,888 Complete W76–1 life extension ...... [48,888] W76–2 Warhead modification program ...... 0 65,000 NPR Implementation ...... [65,000] W88 Alt 370 ...... 304,285 304,285 W80–4 Life extension program ...... 654,766 654,766 IW–1 ...... 53,000 53,000 Total, Life extension programs and major alterations ...... 1,919,988 1,919,988

Stockpile systems B61 Stockpile systems ...... 64,547 64,547 W76 Stockpile systems ...... 94,300 94,300 W78 Stockpile systems ...... 81,329 81,329 W80 Stockpile systems ...... 80,204 80,204 B83 Stockpile systems ...... 35,082 35,082 W87 Stockpile systems ...... 83,107 83,107 W88 Stockpile systems ...... 180,913 180,913 Total, Stockpile systems ...... 619,482 619,482

Weapons dismantlement and disposition Operations and maintenance ...... 56,000 56,000

Stockpile services Production support ...... 512,916 512,916 Research and development support ...... 38,129 38,129 R&D certification and safety ...... 216,582 216,582 Management, technology, and production ...... 300,736 300,736 Total, Stockpile services ...... 1,068,363 1,068,363

Strategic materials Uranium sustainment ...... 87,182 87,182 Plutonium sustainment ...... 361,282 361,282 Tritium sustainment ...... 205,275 205,275 Lithium sustainment ...... 29,135 29,135 Domestic uranium enrichment ...... 100,704 100,704 Strategic materials sustainment ...... 218,794 218,794 Total, Strategic materials ...... 1,002,372 1,002,372 Total, Directed stockpile work ...... 4,666,205 4,666,205

Research, development, test and evaluation (RDT&E) Science Advanced certification ...... 57,710 57,710 Primary assessment technologies ...... 95,057 95,057 Dynamic materials properties ...... 131,000 131,000 Advanced radiography ...... 32,544 32,544 Secondary assessment technologies ...... 77,553 77,553 Academic alliances and partnerships ...... 53,364 53,364

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

Enhanced Capabilities for Subcritical Experiments ...... 117,632 117,632 Total, Science ...... 564,860 564,860

Engineering Enhanced surety ...... 43,226 43,226 Weapon systems engineering assessment technology ...... 27,536 27,536 Nuclear survivability ...... 48,230 48,230 Enhanced surveillance ...... 58,375 58,375 Stockpile Responsiveness ...... 34,000 34,000 Total, Engineering ...... 211,367 211,367

Inertial confinement fusion ignition and high yield Ignition ...... 22,434 22,434 Support of other stockpile programs ...... 17,397 17,397 Diagnostics, cryogenics and experimental support ...... 51,453 51,453 Pulsed power inertial confinement fusion ...... 8,310 8,310 Facility operations and target production ...... 319,333 319,333 Total, Inertial confinement fusion and high yield ...... 418,927 418,927

Advanced simulation and computing Advanced simulation and computing ...... 656,401 656,401 Construction: 18–D–670, Exascale Class Computer Cooling Equipment, LANL ...... 24,000 24,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL ...... 23,000 23,000 Total, Construction ...... 47,000 47,000 Total, Advanced simulation and computing ...... 703,401 703,401

Advanced manufacturing Additive manufacturing ...... 17,447 17,447 Component manufacturing development ...... 48,477 48,477 Process technology development ...... 30,914 30,914 Total, Advanced manufacturing ...... 96,838 96,838 Total, RDT&E ...... 1,995,393 1,995,393

Infrastructure and operations Operations of facilities ...... 891,000 891,000 Safety and environmental operations ...... 115,000 115,000 Maintenance and repair of facilities ...... 365,000 365,000 Recapitalization: Infrastructure and safety ...... 431,631 431,631 Capability based investments ...... 109,057 109,057 Total, Recapitalization ...... 540,688 540,688

Program increase to address high-priority deferred maintenance

Construction: 19–D–670, 138kV Power Transmission System Replacement, NNSS ...... 6,000 6,000 19–D–660, Lithium Production Capability, Y–12 ...... 19,000 19,000 18–D–650, Tritium Production Capability, SRS ...... 27,000 27,000 17–D–640, U1a Complex Enhancements Project, NNSS ...... 53,000 53,000 16–D–515, Albuquerque complex project ...... 47,953 47,953 06–D–141 Uranium processing facility Y–12, Oak Ridge, TN ...... 703,000 703,000 04–D–125 Chemistry and metallurgy research facility replacement project, LANL ...... 235,095 235,095 Total, Construction ...... 1,091,048 1,091,048 Total, Infrastructure and operations ...... 3,002,736 3,002,736

Secure transportation asset Operations and equipment ...... 176,617 176,617 Program direction ...... 102,022 102,022 Total, Secure transportation asset ...... 278,639 278,639

Defense nuclear security Operations and maintenance ...... 690,638 690,638 Total, Defense nuclear security ...... 690,638 690,638

Information technology and cybersecurity ...... 221,175 221,175

Legacy contractor pensions ...... 162,292 162,292 Total, Weapons Activities ...... 11,017,078 11,017,078

Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Global material security

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

International nuclear security ...... 46,339 46,339 Domestic radiological security ...... 90,764 90,764 International radiological security ...... 59,576 59,576 Nuclear smuggling detection and deterrence ...... 140,429 140,429 Total, Global material security ...... 337,108 337,108

Material management and minimization HEU reactor conversion ...... 98,300 98,300 Nuclear material removal ...... 32,925 32,925 Material disposition ...... 200,869 200,869 Total, Material management & minimization ...... 332,094 332,094

Nonproliferation and arms control ...... 129,703 129,703 Defense nuclear nonproliferation R&D ...... 456,095 456,095

Nonproliferation Construction: 18–D–150 Surplus Plutonium Disposition Project ...... 59,000 59,000 99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS ...... 220,000 220,000 Total, Nonproliferation construction ...... 279,000 279,000 Total, Defense Nuclear Nonproliferation Programs ...... 1,534,000 1,534,000

Legacy contractor pensions ...... 28,640 28,640 Nuclear counterterrorism and incident response program ...... 319,185 319,185 Use of prior year balances ...... –19,000 –19,000 Total, Defense Nuclear Nonproliferation ...... 1,862,825 1,862,825

Naval Reactors Naval reactors development ...... 514,951 514,951 Columbia-Class reactor systems development ...... 138,000 138,000 S8G Prototype refueling ...... 250,000 250,000 Naval reactors operations and infrastructure ...... 525,764 525,764 Construction: ...... 0 19–D–930, KS Overhead Piping ...... 10,994 10,994 17–D–911, BL Fire System Upgrade ...... 13,200 13,200 14–D–901 Spent fuel handling recapitalization project, NRF ...... 287,000 287,000 Total, Construction ...... 311,194 311,194 Program direction ...... 48,709 48,709 Total, Naval Reactors ...... 1,788,618 1,788,618

Federal Salaries And Expenses Program direction ...... 422,529 422,529 Total, Office Of The Administrator ...... 422,529 422,529

Defense Environmental Cleanup Closure sites: Closure sites administration ...... 4,889 4,889

Richland: River corridor and other cleanup operations ...... 89,577 89,577 Central plateau remediation ...... 562,473 562,473 Richland community and regulatory support ...... 5,121 5,121 Construction: 18–D–404 WESF Modifications and Capsule Storage ...... 1,000 1,000 Total, Construction ...... 1,000 1,000 Total, Hanford site ...... 658,171 658,171

Office of River Protection: Waste Treatment Immobilization Plant Commissioning ...... 15,000 15,000 Rad liquid tank waste stabilization and disposition ...... 677,460 677,460 Construction: 15–D–409 Low activity waste pretreatment system, ORP ...... 56,053 56,053 01–D–416 A-D WTP Subprojects A-D ...... 675,000 675,000 01–D–416 E—Pretreatment Facility ...... 15,000 15,000 Total, Construction ...... 746,053 746,053 Total, Office of River protection ...... 1,438,513 1,438,513

Idaho National Laboratory: SNF stabilization and disposition—2012 ...... 17,000 17,000 Solid waste stabilization and disposition ...... 148,387 148,387 Radioactive liquid tank waste stabilization and disposition ...... 137,739 137,739 Soil and water remediation—2035 ...... 42,900 42,900

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

Idaho community and regulatory support ...... 3,200 3,200 Total, Idaho National Laboratory ...... 349,226 349,226

NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory ...... 1,704 1,704 Nuclear facility D & D Separations Process Research Unit ...... 15,000 15,000 Nevada ...... 60,136 60,136 Sandia National Laboratories ...... 2,600 2,600 Los Alamos National Laboratory ...... 191,629 191,629 Total, NNSA sites and Nevada off-sites ...... 271,069 271,069

Oak Ridge Reservation: OR Nuclear facility D & D OR-0041—D&D—Y–12 ...... 30,214 30,214 OR-0042—D&D—ORNL ...... 60,007 60,007 Total, OR Nuclear facility D & D ...... 90,221 90,221

U233 Disposition Program ...... 45,000 45,000

OR cleanup and waste disposition OR cleanup and disposition ...... 67,000 67,000 Construction: 17–D–401 On-site waste disposal facility ...... 5,000 5,000 14–D–403 Outfall 200 Mercury Treatment Facility ...... 11,274 11,274 Total, Construction ...... 16,274 16,274 Total, OR cleanup and waste disposition ...... 83,274 83,274

OR community & regulatory support ...... 4,711 4,711 OR technology development and deployment ...... 3,000 3,000 Total, Oak Ridge Reservation ...... 226,206 226,206

Savannah River Sites: Nuclear Material Management ...... 351,331 351,331

Environmental Cleanup Environmental Cleanup ...... 166,105 166,105 Construction: 18–D–402, Emergency Operations Center ...... 1,259 1,259 Total, Environmental Cleanup ...... 167,364 167,364

SR community and regulatory support ...... 4,749 4,749 Radioactive liquid tank waste stabilization and disposition ...... 805,686 805,686 Construction: 18–D–401, SDU #8/9 ...... 37,450 37,450 17–D–402—Saltstone Disposal Unit #7 ...... 41,243 41,243 05–D–405 Salt waste processing facility, Savannah River Site ...... 65,000 65,000 Total, Construction ...... 143,693 143,693 Total, Savannah River site ...... 1,472,823 1,472,823

Waste Isolation Pilot Plant Operations and maintenance ...... 220,000 220,000 Central characterization project ...... 19,500 19,500 Critical Infrastructure Repair/Replacement ...... 46,695 46,695 Transportation ...... 25,500 25,500 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP ...... 84,212 84,212 15–D–412 Exhaust shaft, WIPP ...... 1,000 1,000 Total, Construction ...... 85,212 85,212 Total, Waste Isolation Pilot Plant ...... 396,907 396,907

Program direction ...... 300,000 300,000 Program support ...... 6,979 6,979 Minority Serving Institution Partnership ...... 6,000 6,000 Safeguards and Security Oak Ridge Reservation ...... 14,023 14,023 Paducah ...... 15,577 15,577 Portsmouth ...... 15,078 15,078 Richland/Hanford Site ...... 86,686 86,686 Savannah River Site ...... 183,357 183,357 Waste Isolation Pilot Project ...... 6,580 6,580 West Valley ...... 3,133 3,133 Total, Safeguards and Security ...... 324,434 324,434

Technology development ...... 25,000 25,000

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2019 Senate Program Request Authorized

HQEF-0040—Excess Facilities ...... 150,000 150,000 Total, Defense Environmental Cleanup ...... 5,630,217 5,630,217

Other Defense Activities Environment, health, safety and security Environment, health, safety and security ...... 135,194 135,194 Program direction ...... 70,653 70,653 Total, Environment, Health, safety and security ...... 205,847 205,847

Independent enterprise assessments Independent enterprise assessments ...... 24,068 24,068 Program direction ...... 52,702 52,702 Total, Independent enterprise assessments ...... 76,770 76,770

Specialized security activities ...... 254,378 254,378 Office of Legacy Management Legacy management ...... 140,575 140,575 Program direction ...... 18,302 18,302 Total, Office of Legacy Management ...... 158,877 158,877

Defense related administrative support Chief financial officer ...... 48,484 48,484 Chief information officer ...... 96,793 96,793 Project management oversight and Assessments ...... 8,412 8,412 Total, Defense related administrative support ...... 153,689 153,689

Office of hearings and appeals ...... 5,739 5,739 Subtotal, Other defense activities ...... 855,300 855,300 Rescission of prior year balances (OHA) ...... –2,000 –2,000 Total, Other Defense Activities ...... 853,300 853,300

Defense Nuclear Waste Disposal Yucca mountain and interim storage ...... 30,000 0 Program cut ...... [–30,000] Total, Defense Nuclear Waste Disposal ...... 30,000 0

DIVISION E—ADDITIONAL PROVISIONS SEC. 5103. ADDITIONAL ELEMENT IN THE QUAR- tronics Activity, shall establish a pilot program TITLE LI—PROCUREMENT TERLY UPDATES ON THE F–35 JOINT to test the feasibility and reliability of using ma- STRIKE FIGHTER PROGRAM. chine-vision technologies to determine the au- SEC. 5101. BRIEFING ON PROCUREMENT PLAN The element on the assessment of the F–35 thenticity and security of microelectronic parts FOR ACQUIRED POSITION NAVIGA- Joint Strike Fighter program under section TION AND TIMING (APNT) SOLUTION. in weapon systems. 152(b)(3) in the quarterly updates on that pro- (b) OBJECTIVES OF PILOT PROGRAM.—The ob- Not later than September 1, 2018, the Sec- gram under section 152 shall include an assess- retary of the Army, in coordination with the Di- jective of the pilot program required by sub- ment of efforts to ensure that excessive section (a) shall include determining the fol- rector of the Army’s Acquired Position Naviga- sustainment costs do not threaten the Depart- tion and Timing (APNT) Cross Functional Team lowing: ment of Defense’s ability to purchase the re- (1) The effectiveness and technology readiness (CFT) pilot, shall provide to the congressional quired number of aircraft. defense committees a briefing that outlines po- level of machine-vision technologies to deter- tential courses of action to begin immediate pro- TITLE LII—RESEARCH, DEVELOPMENT, mine the authenticity of microelectronic parts at curement of APNT systems, subject to successful TEST, AND EVALUATION the time of the creation of such part through test and evaluation. SEC. 5201. JOINT ARTIFICIAL INTELLIGENCE RE- final insertion of such part into weapon sys- SEARCH, DEVELOPMENT, AND TRAN- tems. SEC. 5102. SENSE OF CONGRESS ON KC–46A AER- SITION ACTIVITIES. (2) The best method of incorporating machine- IAL REFUELING TANKER EMERGENT REQUIREMENTS. The near-term actionable recommendations of vision technologies into the process of devel- It is the sense of Congress that— the Secretary of Defense under section oping, transporting, and inserting microelec- (1) the KC–46A aircraft will serve as the back- 226(e)(3)(B) shall include recommendations on tronics into weapon systems. (3) The rules, regulations, or processes that bone of the Air Force’s critical aerial refueling research into systems that integrate the hinder the development and incorporation of mission for the next several decades, replacing strengths and reliability of artificial intelligence machine-vision technologies, and the applica- the aging 1950’s-era KC–135 Stratotanker fleet; and machine learning with the inductive rea- (2) the Air Force has provided funding for nu- soning power of a human. tion of such rules, regulations, or processes to merous military construction projects at instal- SEC. 5202. SCOPE OF COMPETITIVE ACQUISITION mitigate counterfeit microelectronics prolifera- lations across the country to prepare for the de- STRATEGY FOR THE BRADLEY tion throughout the Department of Defense. FIGHTING VEHICLE TRANSMISSION (c) CONSULTATION.—In carrying out the pilot livery and bed down of the KC–46A aircraft; REPLACEMENT. program required by subsection (a), the Under (3) as the KC–46A program matures and re- The plan to use full and open competition in Secretary may consult with the following: quirements become better defined, additional the acquisition strategy for the Bradley Fight- (1) Manufacturers of semiconductors or elec- military construction and facilities, ing Vehicle transmission replacement required tronics. sustainment, restoration and modernization by section 241(b)(2) shall be based on the Fed- (2) Industry associations relating to semi- (FSRM) funding is likely to be necessary to eral Acquisition Regulation rather than to the conductors or electronics. properly support the fielding of the aircraft, maximum extent practicable. (3) Original equipment manufacturers of prod- house additional personnel, and meet unfore- SEC. 5203. PILOT PROGRAM TO TEST MACHINE-VI- ucts for the Department of Defense. seen requirements of the tanker mission; and SION TECHNOLOGIES TO DETER- (4) Nontraditional defense contractors (as de- (4) the Secretary of the Air Force should con- MINE THE AUTHENTICITY AND SECU- fined in section 2302 of title 10, United States tinue to review and validate new emergent re- RITY OF MICROELECTRONIC PARTS Code) that are machine-vision companies. quirements and prepare to provide additional IN WEAPON SYSTEMS. (5) Federal laboratories (as defined in section military construction and FSRM funding in its (a) PILOT PROGRAM AUTHORIZED.—The Under 2500 of title 10, United States Code). budget request for fiscal year 2020 and future Secretary of Defense for Research and Engineer- (6) Other elements of the Department of De- years as needed. ing, in coordination with the Defense Microelec- fense that fall under the authority of the Under

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(d) COMMENCEMENT AND DURATION.—The spending caps have resulted in an under cap- (B) The number of members who participated pilot program established under this section italization of fifth generation training resources. in the Program during 2018, in aggregate and by shall be established not later than April 1, 2019, (b) REPORT.—Not later than 90 days after the component of the Armed Forces, for each service and all activities under such pilot program shall date of the enactment of this Act, the Secretary as follows: terminate not later than December 31, 2020. of the Air Force shall submit to the congres- (i) Preseparation counseling provided by the TITLE LIII—OPERATION AND sional defense committees a report on the needs Department of Defense. MAINTENANCE of the Air Force to ensure pilots can train (ii) Briefings provided by the Department of against the full range of fifth generation threats Veterans Affairs. SEC. 5301. PRIORITIZATION OF ENVIRONMENTAL (iii) Employment workshops provided by the IMPACTS FOR FACILITIES at training ranges, including— SUSTAINMENT, RESTORATION, AND (1) the appropriate mix of live and virtual Department of Labor. MODERNIZATION DEMOLITION. threats that should be available on the training (C) The number of members who did not par- The Secretary of Defense shall establish ranges; ticipate in the Program during 2018 due to a prioritization metrics for facilities deemed eligi- (2) the need to have threat representative sim- waiver of the participation requirement under ble for demolition within the Facilities ulators at those training ranges; section 114(c)(2) of title 10, United Stats Code, Sustainment, Restoration, and Modernization (3) the plan to meet those needs; for each service set forth in subparagraph (B). (FSRM) process. Those metrics shall include full (4) the resources required to meet those needs; (2) Such recommendations for legislative or spectrum readiness and environmental impacts, and administrative action as the Secretary of De- including the removal of contamination. (5) the timeline for meeting those needs. fense, in consultation with the Secretary of Labor, the Secretary of Veterans Affairs, and SEC. 5302. CORE SAMPLING AT JOINT BASE SAN SEC. 5306. ANNUAL REPORT ON DIFFERENCES IN ANTONIO, TEXAS. SHIP REPAIR CONTRACT AND FINAL the Secretary of Homeland Security, considers DELIVERY COSTS. (a) SITE INVESTIGATION REQUIRED.—The Sec- appropriate to increase participation of members retary of the Air Force shall conduct a core (a) REPORT REQUIRED.—The Secretary of the of the Armed Forces in each service set forth in sampling study along the proposed route of the Navy shall submit to the congressional defense paragraph (1)(B). (3) Assessments of the Transition Assistance W–6 wastewater treatment line on Air Force real committees a report on the differences between Program by members of the Armed Forces who property, in compliance with best engineering the final contract and final delivery cost for participated in the Program during 2018, includ- practices, to determine if any regulated or haz- each ship repair, including a description of any ing the following: ardous substances are present in the soil along growth work that was added after the contract (A) A summary of the data obtained by the the proposed route. award and a detailed explanation on why the Department of Defense through assessments of (b) REPORT REQUIRED.—Not later than 120 growth work was not included in original con- the Program by participants in the Program days after the date of the enactment of this Act, tract proposal. during 2018, including data obtained through the Secretary of the Air Force shall submit to (b) SENSE OF CONGRESS.—It is the sense of the assessments as follows: the Committees on Armed Services of the Senate Congress that it is important to create and (i) The Transition Goals Plans Success (GPS) and the House of Representatives a report on maintain a stable work load for the defense in- dustrial base at ship repair yards. Participant Assessment. the results of the core samples taken pursuant (ii) Status of Forces Surveys (SOFS). to subsection (a). SEC. 5307. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIREMENTS. (B) A summary of the conclusions derived by SEC. 5303. TRANSPORTATION TO CONTINENTAL the Secretary of Defense from the data described UNITED STATES OF RETIRED MILI- (a) IN GENERAL.—Not later than February 1, 2019, the Secretary of the Air Force shall con- in subparagraph (A). TARY WORKING DOGS OUTSIDE THE (4) Such recommendations for improvements to CONTINENTAL UNITED STATES THAT duct an assessment and submit to the congres- the Transition Assistance Program as the Sec- ARE SUITABLE FOR ADOPTION IN sional defense committees a report detailing the retary of Defense considers appropriate in light THE UNITED STATES. operational requirements for Air Force airfields. of the data described by paragraph (3)(A) and Section 2583(f) of title 10, United States Code, (b) ELEMENTS.—The report required under is amended by adding at the end the following subsection (a) shall include the following ele- the conclusions described by paragraph (3)(B), new paragraph: ments: including recommendations for such legislative ‘‘(3)(A) In the case of a military working dog (1) An assessment of the state of airfields or administrative action as the Secretary con- located outside the continental United States where runway degradation currently poses a siders appropriate to carry out such improve- (OCONUS) at the time of retirement that is suit- threat to operations and airfields where such ments. able for adoption at that time, the Secretary of degradation threatens operations in the next SEC. 5502. BRIEFING ON THE STATUS OF THE the military department concerned shall under- five and ten years. PLAN OF THE ARMY TO TRANSITION take transportation of the dog to the conti- (2) A description of the operational require- TO NEW INSECTICIDE nental United States (including transportation PRETREATMENTS ON COMBAT UNI- ments for airfields, including an assessment of FORMS. by contract at United States expense) for adop- the impact to operations, cost to repair, cost to Not later than 60 days after the date of the tion under this section unless— replace, remaining useful life, and the required enactment of this Act, the Secretary of the Army ‘‘(i) the dog is adopted as described in para- daily maintenance to ensure runways are ac- shall provide to the Committees on Armed Serv- graph (2)(A); or ceptable for full operations. ‘‘(ii) transportation of the dog to the conti- ices of the Senate and the House of Representa- (3) A description of any challenges with infra- tives a briefing the status of approval of, and nental United States would not be in the best structure acquisition methods and processes. interests of the dog for medical reasons. any plan to transition to, the use of new insecti- (4) An assessment of the operational impact in cide pretreatments on combat uniforms. ‘‘(B) Nothing in this paragraph shall be con- the event a runway were to become inoperable strued to alter the preference in adoption of re- due to a major degradation incident, such as a TITLE LVIII—ACQUISITION POLICY, AC- tired military working dogs for former handlers crack or fracture resulting from lack of mainte- QUISITION MANAGEMENT, AND RE- as set forth in subsection (g).’’. nance and repair. LATED MATTERS SEC. 5304. ADDITIONAL ELEMENT IN REPORT ON (5) A plan to address any shortfalls associated SEC. 5801. INSTRUCTION ON PILOT PROGRAM RE- COLD WEATHER CAPABILITIES AND with the Air Force’s runway infrastructure. GARDING EMPLOYMENT OF PER- READINESS OF THE UNITED STATES SONS WITH DISABILITIES. (c) FORM.—The report required under sub- ARMED FORCES. section (a) shall be in unclassified form but may Not later than 180 days after the date of the The report on cold weather capabilities and contain a classified annex as necessary. enactment of this Act, the Secretary of Defense readiness of the United States Armed Forces re- shall update the Defense Federal Acquisition quired by section 322 shall also include an anal- TITLE LV—MILITARY PERSONNEL POLICY Regulatory Supplement to include an instruc- ysis of potential partnerships with State, local, SEC. 5501. REPORT ON PARTICIPATION IN THE tion on the pilot program regarding employment tribal, and private entities to maximize training TRANSITION ASSISTANCE PROGRAM. of persons with disabilities authorized under potential and to utilize local expertise. (a) REPORT REQUIRED.—Not later than Feb- section 853 of the National Defense Authoriza- SEC. 5305. REPORT ON AIR FORCE TRAINING ruary 28, 2019, the Secretary of Defense shall tion Act for Fiscal Year 2004 (Public Law 108– RANGE REQUIREMENTS TO ADDRESS submit to the Committees on Armed Services of 136; 10 U.S.C. 2302 note). FIFTH GENERATION THREATS. the Senate and the House of Representatives a SEC. 5802. DEVELOPING INNOVATION AND GROW- (a) FINDINGS.—Congress makes the following report on participation in the Transition Assist- ING THE INTERNET OF THINGS. findings: ance Program under section 1144 of title 10, (a) FINDINGS; SENSE OF CONGRESS.— (1) The Department of Defense needs to en- United States Code, by members of the Armed (1) FINDINGS.—Congress finds that— sure that air training ranges are properly Forces. (A) the Internet of Things refers to the grow- equipped to prepare pilots for operating in any (b) ELEMENTS.—The report required by sub- ing number of connected and interconnected de- battlespace where they may have to operate. section (a) shall include the following: vices; (2) The ongoing development of anti-aircraft (1) Information on the participation of mem- (B) estimates indicate that more than technology among near-peer competitors of the bers of the Armed Forces in the Transition As- 50,000,000,000 devices will be connected to the United States, and the proliferation of that sistance Program during 2018, including the fol- internet by 2020; technology to a widening array of potential bat- lowing: (C) the Internet of Things has the potential to tlefields, necessitates maximum preparedness (A) The number of members who were eligible generate trillions of dollars in new economic ac- among United States fighter and bomber pilots. for participation in the Program during 2018, in tivity around the world;

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(D) businesses across the United States can (H) the Office of Science and Technology Pol- (ii) SUGGESTIONS.—The working group may develop new services and products, improve op- icy; suggest topics or items for the steering committee erations, simplify logistics, cut costs, and pass (I) the Department of Energy; and to study and the steering committee shall take savings on to consumers by utilizing the Inter- (J) the Federal Energy Regulatory Commis- those suggestions into consideration in carrying net of Things and related innovations; sion. out the duties of the steering committee. (E) the United States leads the world in the (4) NONGOVERNMENTAL STAKEHOLDERS.—The (iii) REPORT.—The steering committee shall development of technologies that support the working group shall consult with nongovern- ensure that the report submitted under subpara- internet and the United States technology sector mental stakeholders, including— graph (D) is the result of the independent judg- is well-positioned to lead in the development of (A) the steering committee; ment of the steering committee. technologies for the Internet of Things; (B) information and communications tech- (F) TERMINATION.—The steering committee (F) the United States Government can imple- nology manufacturers, suppliers, service pro- shall terminate on the date on which the work- ment this technology to better deliver services to viders, and vendors; ing group submits the report under paragraph the public; and (C) subject matter experts representing indus- (6) unless, on or before that date, the Secretary (G) the Senate unanimously passed Senate trial sectors other than the technology sector files a new charter for the steering committee Resolution 110, 114th Congress, agreed to March that can benefit from the Internet of Things, in- under section 9(c) of the Federal Advisory Com- 24, 2015, calling for a national strategy for the cluding the energy, agriculture, and health care mittee Act (5 U.S.C. App.). development of the Internet of Things. sectors; (6) REPORT TO CONGRESS.— (2) SENSE OF CONGRESS.—It is the sense of (D) small, medium, and large businesses; (A) IN GENERAL.—Not later than 18 months Congress that policies governing the Internet of (E) think tanks and academia; after the date of enactment of this Act, the Things should maximize the potential and devel- (F) nonprofit organizations and consumer working group shall submit to Congress a report opment of the Internet of Things to benefit all groups; that includes— (G) rural stakeholders; and stakeholders, including businesses, governments, (i) the findings and recommendations of the (H) other stakeholders with relevant expertise, and consumers. working group with respect to the duties of the as determined by the Secretary. (b) DEFINITIONS.—In this section: working group under paragraph (2); (5) STEERING COMMITTEE.— (1) COMMISSION.—The term ‘‘Commission’’ (ii) the report submitted by the steering com- (A) ESTABLISHMENT.—There is established means the Federal Communications Commission. mittee under paragraph (5)(D), as the report within the Department of Commerce a steering (2) SECRETARY.—The term ‘‘Secretary’’ means was received by the working group; committee to advise the working group. the Secretary of Commerce. (iii) recommendations for action or reasons for (B) DUTIES.—The steering committee shall ad- (3) STEERING COMMITTEE.—The term ‘‘steering inaction, as applicable, with respect to each rec- vise the working group with respect to— ommendation made by the steering committee in committee’’ means the steering committee estab- (i) the identification of any Federal regula- the report submitted under paragraph (5)(D); lished under subsection (c)(5). tions, statutes, grant practices, programs, budg- and (4) WORKING GROUP.—The term ‘‘working etary or jurisdictional challenges, and other sec- (iv) an accounting of any progress made by group’’ means the working group convened tor-specific policies that are inhibiting, or could Federal agencies to implement recommendations under subsection (c)(1). inhibit, the development of the Internet of (c) FEDERAL WORKING GROUP.— made by the working group or the steering com- Things; mittee. (1) IN GENERAL.—The Secretary shall convene (ii) whether adequate spectrum is available to (B) COPY OF REPORT.—The working group a working group of Federal stakeholders for the support the growing Internet of Things and shall submit a copy of the report described in purpose of providing recommendations and a re- what legal or regulatory barriers may exist to subparagraph (A) to— port to Congress relating to the aspects of the providing any spectrum needed in the future; (i) the Committee on Commerce, Science, and Internet of Things described in paragraph (2). (iii) policies or programs that— (2) DUTIES.—The working group shall— (I) promote or are related to the privacy of in- Transportation and the Committee on Energy (A) identify any Federal regulations, statutes, dividuals who use or are affected by the Inter- and Natural Resources of the Senate; (ii) the Committee on Energy and Commerce of grant practices, budgetary or jurisdictional net of Things; challenges, and other sector-specific policies (II) may enhance the security of the Internet the House of Representatives; and (iii) any other committee of Congress, upon re- that are inhibiting, or could inhibit, the devel- of Things, including the security of critical in- quest to the working group. opment of the Internet of Things; frastructure; (d) ASSESSING SPECTRUM NEEDS.— (B) consider policies or programs that encour- (III) may protect users of the Internet of (1) IN GENERAL.—The Commission, in con- age and improve coordination among Federal Things; and agencies with jurisdiction over the Internet of (IV) may encourage coordination among Fed- sultation with the National Telecommunications Things; eral agencies with jurisdiction over the Internet and Information Administration, shall issue a (C) consider any findings or recommendations of Things; notice of inquiry seeking public comment on the made by the steering committee and, where ap- (iv) the opportunities and challenges associ- current, as of the date of enactment of this Act, propriate, act to implement those recommenda- ated with the use of Internet of Things tech- and future spectrum needs of the Internet of tions; and nology by small businesses; and Things. (D) examine— (v) any international proceeding, inter- (2) REQUIREMENTS.—In issuing the notice of (i) how Federal agencies can benefit from uti- national negotiation, or other international inquiry under paragraph (1), the Commission lizing the Internet of Things; matter affecting the Internet of Things to which shall seek comments that consider and evalu- (ii) the use of Internet of Things technology the United States is or should be a party. ate— by Federal agencies as of the date on which the (C) MEMBERSHIP.—The Secretary shall ap- (A) whether adequate spectrum is available to working group performs the examination; point to the steering committee members rep- support the growing Internet of Things; (iii) the preparedness and ability of Federal resenting a wide range of stakeholders outside (B) what regulatory barriers may exist to pro- agencies to adopt Internet of Things technology of the Federal Government with expertise relat- viding any needed spectrum for the Internet of in the future; and ing to the Internet of Things, including— Things; and (iv) any additional security measures that (i) information and communications tech- (C) what the role of licensed and unlicensed Federal agencies may need to take to— nology manufacturers, suppliers, service pro- spectrum is and will be in the growth of the (I) safely and securely use the Internet of viders, and vendors; Internet of Things. Things, including measures that ensure the se- (ii) subject matter experts representing indus- (3) REPORT.—Not later than 1 year after the curity of critical infrastructure; and trial sectors other than the technology sector date of enactment of this Act, the Commission (II) enhance the resiliency of Federal systems that can benefit from the Internet of Things, in- shall submit to the Committee on Commerce, against cyber threats to the Internet of Things. cluding the energy, agriculture, and health care Science, and Transportation of the Senate and (3) AGENCY REPRESENTATIVES.—In convening sectors; the Committee on Energy and Commerce of the the working group under paragraph (1), the (iii) small, medium, and large businesses; House of Representatives a report summarizing Secretary may appoint representatives, and (iv) think tanks and academia; the comments submitted in response to the no- shall specifically consider seeking representa- (v) nonprofit organizations and consumer tice of inquiry issued under paragraph (1). tion, from— groups; TITLE LIX—DEPARTMENT OF DEFENSE (A) the Department of Commerce, including— (vi) rural stakeholders; and ORGANIZATION AND MANAGEMENT (i) the National Telecommunications and In- (vii) other stakeholders with relevant exper- SEC. 5901. CLARIFICATION OF CERTAIN RISK AS- formation Administration; tise, as determined by the Secretary. SESSMENT REQUIREMENTS OF THE (ii) the National Institute of Standards and (D) REPORT.—Not later than 1 year after the CHAIRMAN OF THE JOINT CHIEFS OF Technology; and date of enactment of this Act, the steering com- STAFF IN CONNECTION WITH THE (iii) the National Oceanic and Atmospheric mittee shall submit to the working group a re- NATIONAL MILITARY STRATEGY. Administration; port that includes any findings made by, or rec- Section 153(b) of title 10, United States Code, (B) the Department of Transportation; ommendations of, the steering committee. is amended— (C) the Department of Homeland Security; (E) INDEPENDENT ADVICE.— (1) in paragraph (1)(D)(iii), by striking ‘‘mili- (D) the Office of Management and Budget; (i) IN GENERAL.—The steering committee shall tary strategic and operational risks’’ and insert- (E) the National Science Foundation; set the agenda of the steering committee in car- ing ‘‘military risk’’; and (F) the Commission; rying out the duties of the steering committee (2) in paragraph (2)(B)(ii), by striking ‘‘mili- (G) the Federal Trade Commission; under subparagraph (B). tary strategic and operational risks to United

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BUSINESS CASE ANALYSIS OF READY needed, before the vessel joins the naval forces that results in the qualified employee trust own- RESERVE FORCE RECAPITALIZATION ing at least 51 percent of the small business con- OPTIONS. of that country, performed at a shipyard located in the United States, including a United States cern.’’; (a) BUSINESS CASE ANALYSIS REQUIRED.—Not (ii) in subparagraph (B)— later than 120 days after the date of the enact- Navy shipyard. (e) EXPIRATION OF AUTHORITY.—The author- (I) in the matter preceding clause (i), by in- ment of this Act, the Secretary of the Navy ity to transfer a vessel under this section shall serting ‘‘or by the small business concern’’ after shall, in consultation with the Administrator of expire at the end of the three-year period begin- ‘‘the trustee of such trust’’; the Maritime Administration and the Com- ning on the date of the enactment of this Act. (II) in clause (ii), by striking ‘‘and’’ at the mander of United States Transportation Com- end; mand, submit to the congressional defense com- SEC. 6003. MEMBERS OF PANEL CONDUCTING RE- VIEW OF MILITARY AVIATION READI- (III) in clause (iii), by striking the period at mittees a report setting forth a business case NESS IN SUPPORT OF THE NA- the end and inserting ‘‘, and’’; and analysis of recapitalization options for the TIONAL DEFENSE STRATEGY. (IV) by adding at the end the following: Ready Reserve Force (RRF). Notwithstanding subparagraph (C) of section ‘‘(iv) with respect to a loan made to a trust, (b) ELEMENTS.—The business case analysis re- 1044(b)(2), the official who shall be referred to in or to a cooperative in accordance with para- quired by subsection (a) shall include the fol- that subparagraph is the Commander, Naval Air graph (35)— lowing: Forces. ‘‘(I) a seller of the small business concern may (1) Each sealift capability area, and the asso- SEC. 6004. STUDY ON PHASING OUT OPEN BURN remain involved as an officer, director, or key ciated capacity, for which Ready Reserve Force PITS. employee of the small business concern when a vessels are required to be recapitalized through (a) REPORT.—Not later than 180 days after the qualified employee trust or cooperative has ac- fiscal year 2048. date of the enactment of this Act, the Secretary quired 100 percent of ownership of the small (2) The categories of vessels being considered of Defense shall submit to Congress a report business concern; and in each area specified pursuant to paragraph that includes— ‘‘(II) any seller of the small business concern (1), including the following: (1) details of any ongoing use of open burn who remains as an owner of the small business (A) United States purpose-built vessels (such pits; and concern, regardless of the percentage of owner- as Common Hull Auxiliary Multi-mission Plat- (2) the feasibility of phasing out the use of ship interest, shall be required to provide a per- form). open burn pits by using technology incinerators. sonal guarantee by the Administration.’’; and (B) United States non-purpose built vessels (b) OPEN BURN PIT DEFINED.—In this section, (iii) by adding at the end the following: (such as vessels formerly engaged in Jones Act the term ‘‘open burn pit’’ means an area of ‘‘(F) A small business concern that makes a trade). land— loan to a qualified employee trust under sub- (C) Foreign-built vessels that participated in (1) that is designated by the Secretary of De- paragraph (A)(ii) is not required to contain the the Maritime Security Program. fense to be used for disposing solid waste by same terms and conditions as the loan made to (D) Foreign-built vessels that did not partici- burning in the outdoor air; and the small business concern that is guaranteed by pate in the Maritime Security Program. (2) does not contain a commercially manufac- the Administration under such subparagraph. (3) For each category of vessel specified pur- tured incinerator or other equipment specifically ‘‘(G) With respect to a loan made to a quali- suant to paragraph (2), the following: designed and manufactured for the burning of fied employee trust under this paragraph, or to (A) Anticipated availability of vessels within solid waste. a cooperative in accordance with paragraph such category in the timeframe needed to meet SEC. 6005. AIRBORNE HAZARDS AND OPEN BURN (35), the Administrator may, as determined ap- United States Transportation Command sealift PIT REGISTRY. propriate by the Administrator, elect to not re- requirements. Beginning not later than one year after the quire any mandatory equity to be provided by (B) Anticipated purchase price, if applicable. date of the enactment of this Act, the Secretary the qualified employee trust or cooperative to (C) Anticipated cost and scope of moderniza- of Defense shall carry out an annual education make the loan.’’; and tion. campaign to inform individuals who may be eli- (B) by adding at the end the following: (D) Anticipated duration of modernization pe- gible to enroll in the Airborne Hazards and ‘‘(35) LOANS TO COOPERATIVES.— ‘‘(A) DEFINITION.—In this paragraph, the riod. Open Burn Pit Registry of such eligibility. Each term ‘cooperative’ means an entity that is deter- (E) Anticipated service life as a Ready Reserve such campaign shall include at least one elec- mined to be a cooperative by the Administrator, Force vessel. tronic method and one physical mailing method in accordance with applicable Federal and State (F) Anticipated military utility. to provide such information. laws and regulations. (G) Ability of one such vessel to replace more SEC. 6006. IMPROVING SMALL BUSINESS LOAN ‘‘(B) AUTHORITY.—The Administration shall than one existing Ready Reserve Force vessel. PROGRAMS FOR EMPLOYEE-OWNED BUSINESS CONCERNS. guarantee loans made to a cooperative for the (4) A cost-benefit determination on the mix of (a) DEFINITIONS.—In this section— purpose described in paragraph (15).’’. capabilities and vessels identified pursuant to (1) the terms ‘‘Administration’’ and ‘‘Adminis- (2) DELEGATION OF AUTHORITY TO PREFERRED paragraphs (1) through (3) that could ensure trator’’ mean the Small Business Administration LENDERS.—Section 5(b)(7) of the Small Business United States Transportation Command sealift and the Administrator thereof, respectively; Act (15 U.S.C. 634(b)(7)) is amended by inserting requirements are met through fiscal year 2048, (2) the term ‘‘cooperative’’ has the meaning ‘‘, including loans guaranteed under paragraph which determination shall include a comparison given the term in section 7(a)(35) of the Small (15) or (35) of section 7(a)’’ after ‘‘deferred par- of the useful service life of each category of ves- Business Act, as added by subsection (b); ticipation loans’’. sels specified pursuant to paragraph (2) with (3) the term ‘‘employee-owned business con- (c) SMALL BUSINESS INVESTMENT COMPANY the costs of such category of vessels. cern’’ means— PROGRAM OUTREACH.—The Administrator shall SEC. 6002. TRANSFER OF EXCESS NAVAL VESSEL (A) a cooperative; and provide outreach and educational materials to TO BAHRAIN. (B) a qualified employee trust; companies licensed under section 301(c) of the (a) TRANSFER BY GRANT.—The President is (4) the terms ‘‘qualified employee trust’’ and Small Business Investment Act of 1958 (15 U.S.C. authorized to transfer to the Government of ‘‘small business concern’’ have the meanings 681(c)) to increase the use of funds to make in- Bahrain the OLIVER HAZARD PERRY class given those terms in section 3 of the Small Busi- vestments in company transitions to employee- guided missile frigate ex-USS ROBERT G. ness Act (15 U.S.C. 632); and owned business concerns. (5) the term ‘‘small business development cen- BRADLEY (FFG–49) on a grant basis under sec- (d) SMALL BUSINESS MICROLOAN PROGRAM ter’’ means a small business development center tion 516 of the Foreign Assistance Act of 1961 (22 OUTREACH.—The Administrator shall provide described in section 21 of the Small Business Act U.S.C. 2321j). outreach and educational materials to inter- (15 U.S.C. 648). (b) GRANT NOT COUNTED IN ANNUAL TOTAL OF mediaries under section 7(m) of the Small Busi- (b) EXPANSION OF 7(A) LOANS.— TRANSFERRED EXCESS DEFENSE ARTICLES.—The (1) IN GENERAL.—Section 7(a) of the Small ness Act (15 U.S.C. 636(m)) to increase the use of value of the vessel transferred to the Govern- Business Act (15 U.S.C. 636(a)) is amended— funds to make loans to employee-owned business ment of Bahrain on a grant basis pursuant to (A) in paragraph (15)— concerns, including transitions to employee- authority provided by subsection (a) shall not be (i) in subparagraph (A)— owned business concerns. counted against the aggregate value of excess (I) by striking ‘‘this subsection to qualified (e) SMALL BUSINESS DEVELOPMENT CENTER defense articles transferred in any fiscal year employee trusts’’ and inserting ‘‘this sub- OUTREACH AND ASSISTANCE.— under section 516 of the Foreign Assistance Act section— (1) ESTABLISHMENT.—The Administrator shall of 1961 (22 U.S.C. 2321j). ‘‘(i) to qualified employee trusts’’; establish a Small Business Employee Ownership (c) COSTS OF TRANSFER.—Any expense in- (II) in clause (i), as so designated— and Cooperatives Promotion Program to offer curred by the United States in connection with (aa) by inserting ‘‘, and for any transaction technical assistance and training on the transi- the transfer authorized by this section shall be costs associated with purchasing,’’ after ‘‘pur- tion to employee ownership through coopera- charged to the Government of Bahrain notwith- chasing’’; tives and qualified employee trusts.

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(2) SMALL BUSINESS DEVELOPMENT CENTERS.— ‘‘(i) the total number of loans made to co- and traumatic brain injury are considered in (A) IN GENERAL.—In carrying out the program operatives and qualified employee trusts (collec- misconduct separations. established under paragraph (1), the Adminis- tively referred to in this subparagraph as ‘em- (5) A review and development of recommended trator shall enter into agreements with small ployee-owned business concerns’) that were areas for improvement in the implementation by business development centers under which the guaranteed by the Administrator under this sec- the Department of Defense of its August 25, centers shall— tion or section 502 of the Small Business Invest- 2017, clarifying guidance to Military Discharge (i) provide access to information and resources ment Act of 1958 (15 U.S.C. 696), including the Review Boards and Board for Correction of on employee ownership through cooperatives or number of loans made— Military/Naval Records related to mental health qualified employee trusts as a business succes- ‘‘(I) to small business concerns owned and conditions, sexual assault, or sexual harass- sion strategy; controlled by socially and economically dis- ment. Such review shall include identifying sta- (ii) conduct training and educational activi- advantaged individuals; and tistics on the number of upgrades and discharge ties; and ‘‘(II) to cooperatives; reliefs requested and granted and the average (iii) carry out the activities described in sub- ‘‘(ii) the total number of financings made to timeframe for review of such requests. paragraph (U) of section 21(c)(3) of the Small employee-owned business concerns by companies (c) REPORT.—Not later than 90 days after the Business Act (15 U.S.C. 648(c)(3)), as added by licensed under section 301(c) of the Small Busi- date on which the Comptroller General com- subparagraph (B). ness Investment Act of 1958 (15 U.S.C. 696(c)), pletes the review required by subsection (a), the (B) ADDITIONAL SERVICES.—Section 21(c)(3) of including the number of financings made— Comptroller General shall submit to Congress a the Small Business Act (15 U.S.C. 648(c)(3)) is ‘‘(I) to small business concerns owned and report on the results of the review. amended— controlled by socially and economically dis- (d) DEFINITIONS.—In this section, the terms (i) in subparagraph (S), by striking ‘‘and’’ at advantaged individuals; and ‘‘active military, naval, or air service’’, ‘‘dis- the end; ‘‘(II) to cooperatives; and charge or release’’, and ‘‘veteran’’ have the (ii) in subparagraph (T), by striking the pe- ‘‘(iii) any outreach and educational activities meaning given such terms in section 101 of title riod at the end and inserting ‘‘; and’’; and conducted by the Administration with respect to 38, United States Code. (iii) by adding at the end the following: employee-owned business concerns.’’; and SEC. 6008. COMPTROLLER GENERAL STUDY ON ‘‘(U) encouraging and assisting the provision (A) by adding at the end the following: AVAILABILITY OF LONG-TERM CARE of succession planning to small business con- ‘‘(H) In this paragraph— OPTIONS FOR VETERANS FROM DE- cerns with a focus on transitioning to coopera- ‘‘(i) the term ‘cooperative’ has the meaning PARTMENT OF VETERANS AFFAIRS. tives, as defined in section 7(a)(35), and quali- given the term in paragraph (35); and (a) IN GENERAL.—The Comptroller General of fied employee trusts (collectively referred to in ‘‘(ii) the term ‘small business concern owned the United States shall conduct a study on the this subparagraph as ‘employee-owned business and controlled by socially and economically dis- availability of long-term care options from the concerns’), including by— advantaged individuals’ has the meaning given Department of Veterans Affairs for veterans ‘‘(i) providing training to individuals to pro- the term in section 8(d)(3)(C).’’. with combat-related disabilities, including vet- mote the successful management, governance, or (h) REPORT ON COOPERATIVE LENDING.— erans who served in the Armed Forces after Sep- operation of a business purchased by those indi- (1) SENSE OF CONGRESS.—It is the sense of tember 11, 2001. viduals in the formation of an employee-owned Congress that cooperatives have a unique busi- (b) ELEMENTS.—The study required by sub- business concern; ness structure and are unable to access the lend- section (a) shall— ‘‘(ii) assisting employee-owned business con- ing programs of the Administration effectively (1) determine the potential demand for long- cerns that meet applicable size standards estab- due to loan guarantee requirements that are in- term care by veterans eligible for health care lished under section 3(a) with education and compatible with the business structure of co- from the Department; technical assistance with respect to financing operatives. (2) determine the capacity of the Department and contracting programs administered by the (2) STUDY AND REPORT.— for providing all four levels of long-term care, Administration; (A) STUDY.—The Administrator, in coordina- which are independent living, assisted living, ‘‘(iii) coordinating with lenders on conducting tion with lenders, stakeholders, and Federal nursing home care, and memory care; outreach on financing through programs admin- agencies, shall study and recommend practical (3) identify the number of veterans with com- istered by the Administration that may be used alternatives for cooperatives that will satisfy the bat-related disabilities who require a personal to support the transition of ownership to em- loan guarantee requirements of the Administra- care assistant and which facilities of the De- ployees; tion. partment provide this service; and ‘‘(iv) supporting small business concerns in (B) REPORT.—Not later than 120 days after (4) examine the value of long-term care bene- exploring or assessing the possibility of the date of enactment of this Act, the Adminis- fits provided by the Department, including per- transitioning to an employee-owned business trator shall submit to Congress the recommenda- sonal care assistant services, to identify the po- concern; and tions developed under paragraph (1) and a plan tential elements of a pilot program that affords ‘‘(v) coordinating with the cooperative devel- to implement those recommendations. aging veterans the choice of receiving long-term opment centers of the Department of Agri- SEC. 6007. COMPTROLLER GENERAL OF THE care benefits at nonprofit continuing care retire- culture, the land grant extension network, the UNITED STATES REVIEW OF EFFECT ment communities. Manufacturing Extension Partnership, commu- OF OTHER-THAN-HONORABLE DIS- (c) REPORT.—Not later than January 1, 2020, nity development financial institutions, em- CHARGES ON VETERAN EMPLOY- the Comptroller General shall submit to the ployee ownership associations and service pro- MENT OUTCOMES. Committee on Armed Services and the Committee viders, and local, regional and national cooper- (a) REVIEW REQUIRED.—Not later than one on Veterans’ Affairs of the Senate and the Com- ative associations.’’. year after the date of the enactment of this Act, mittee on Armed Services and the Committee on (f) INTERAGENCY WORKING GROUP.— the Comptroller General of the United States Veterans’ Affairs of the House of Representa- (1) IN GENERAL.—Not later than 90 days after shall, in consultation with the Secretary of De- tives a report on the study conducted under this the date of enactment of this Act, the Adminis- fense, the Secretary of Veterans Affairs, and the section. trator or a designee of the Administrator shall Secretary of Labor, complete a review of the ef- SEC. 6009. SENSE OF CONGRESS RELATING TO coordinate and chair an interagency working fect of discharges and releases from service in SOO LOCKS, SAULT SAINTE MARIE, group, which shall— the active military, naval, or air service under MICHIGAN. (A) develop recommendations on how Federal conditions other than honorable on employment It is the sense of Congress that— programs can promote, support, and increase outcomes for veterans who were so discharged or (1) the Soo Locks in Sault Ste. Marie, Michi- the number of employee-owned business con- released. gan, are of critical importance to the national cerns; (b) ELEMENTS.—The review required by sub- security of the United States; (B) ensure coordination with Federal agencies section (a) shall include the following: (2) the Soo Locks are the only waterway con- and national and local employee ownership, co- (1) An assessment of the effect of a discharge nection from Lake Superior to the Lower Great operative, and small business organizations; and or release described in subsection (a) on a vet- Lakes and the St. Lawrence Seaway; (C) publish a report on the activities of the eran’s employment outcomes. (3) only the Poe Lock is of sufficient size to interagency working group that is indexed and (2) Development of recommendations for legis- allow for the passage of the largest cargo vessels maintained for public review. lative or administrative action to reduce the that transport well over 90 percent of all iron (2) MEETINGS.—The interagency working negative effect of such a discharge or release on ore mined in the United States, and this lock is group described in paragraph (1) shall meet in employment outcomes, including potential edu- nearing the end of its 50-year useful lifespan; person or via electronic resources at such times cational campaigns. (4) a report issued by the Office of Cyber and as determined necessary by the Administrator, (3) An assessment of agency outreach or other Infrastructure Analysis of the Department of but not less frequently than biannually. relevant efforts to inform veterans of their abil- Homeland Security concluded that an unsched- (g) AMENDMENT TO REPORT TO CONGRESS ON ity to seek a change to their character of dis- uled 6-month outage of the Poe Lock would STATUS OF EMPLOYEE-OWNED FIRMS.—Section charge through a discharge review board. cause— 7(a)(15) of the Small Business Act (15 U.S.C. (4) An assessment of the progress of the Sec- (A) a dramatic increase in national and re- 636(a)(15)), as amended by this section, is retary of Defense in implementing the rec- gional unemployment; and amended— ommendations of the Comptroller General pub- (B) 75 percent of Great Lakes steel production, (1) in subparagraph (E), by striking ‘‘Admin- lished in the Government Accountability Office and nearly all North American appliance, auto- istration.’’ and inserting ‘‘Administration, report GAO–17–260 in May of 2017 on actions mobile, railcar, and construction, farm, and which shall include— needed to ensure post-traumatic stress disorder mining equipment production to cease;

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00230 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4241 (5) the Corps of Engineers is reevaluating a SEC. 6202. TREATMENT OF RWANDAN PATRIOTIC (4) In response to growing concerns over sys- past economic evaluation report to update the FRONT AND RWANDAN PATRIOTIC temic human rights violations in Syria, the benefit-to-cost ratio for building a new lock at ARMY UNDER IMMIGRATION AND NA- Independent International Commission of In- the Soo Locks; and TIONALITY ACT. quiry on the Syrian Arab Republic (referred to (a) REMOVAL OF TREATMENT AS TERRORIST (6) the Secretary of the Army and all relevant in this subsection as ‘‘COI’’) was established on ORGANIZATIONS.— Federal agencies should— August 22, 2011. The purpose of COI is to ‘‘in- (1) IN GENERAL.—Except as provided in para- vestigate all alleged violations of international (A) expedite the completion of the report de- graph (2), the Rwandan Patriotic Front and the scribed in paragraph (5) and ensure the analysis human rights law since March 2011 in the Syr- Rwandan Patriotic Army shall be excluded from ian Arab Republic, to establish the facts and adequately reflects the critical importance of the the definition of terrorist organization (as de- Soo Locks infrastructure to the national secu- circumstances that may amount to such viola- fined in section 212(a)(3)(B)(vi)(III) of the Immi- tions and of the crimes perpetrated and, where rity and economy of the United States; and gration and Nationality Act (8 U.S.C. (B) expedite all other necessary reviews, anal- possible, to identify those responsible with a 1182(a)(3)(B)(vi)(III))) for purposes of such sec- view to ensuring that perpetrators of violations, ysis, and approvals needed to speed the required tion 212(a)(3)(B) for any period before August 1, upgrades at the Soo Locks. including those that may constitute crimes 1994. against humanity, are held accountable’’. TITLE LXI—CIVILIAN PERSONNEL (2) EXCEPTION.— (5) On December 21, 2016, the United Nations MATTERS (A) IN GENERAL.—The Secretary of State, in General Assembly adopted a resolution to estab- consultation with the Secretary of Homeland Se- SEC. 6101. DEPARTMENT OF DEFENSE CYBER lish the International, Impartial and Inde- SCHOLARSHIP PROGRAM SCHOLAR- curity and the Attorney General, or the Sec- pendent Mechanism to Assist in the Investiga- SHIPS AND GRANTS. retary of Homeland Security, in consultation tion and Prosecution of Those Responsible for with the Secretary of State and the Attorney (a) ADDITIONAL CONSIDERATIONS.—Section the Most Serious Crimes under International 2200c of title 10, United States Code, is amend- General, as applicable, may suspend the appli- Law Committed in the Syrian Arab Republic ed— cation of paragraph (1) for the Rwandan Patri- since March 2011. otic Front or the Rwandan Patriotic Army in (1) by inserting before ‘‘In the selection’’ the (6) In 2017, then Secretary of State Rex the sole and unreviewable discretion of such ap- following: Tillerson stated ‘‘ISIS is clearly responsible for plicable Secretary. ‘‘(a) CENTERS OF ACADEMIC EXCELLENCE IN genocide against Yezidis, Christians, and Shia (B) REPORT.—Not later than, or contempora- CYBER EDUCATION.—’’; and Muslims in areas it controls or has controlled. neously with, a suspension of paragraph (1) ISIS is also responsible for crimes against hu- (2) by adding at the end the following new under subparagraph (A), the Secretary of State subsection: manity and ethnic cleansing directed at these or the Secretary of Homeland Security, as appli- same groups, and in some cases against Sunni ‘‘(b) CERTAIN INSTITUTIONS OF HIGHER EDU- cable, shall submit to the appropriate commit- CATION.—In the selection of a recipient for the Muslims, Kurds, and other minorities . . . . The tees of Congress a report on the justification for protection of these groups, and others subject to award of a scholarship or grant under this such suspension. chapter, consideration shall be given to wheth- violent extremism, is a human rights priority for (b) RELIEF FROM INADMISSIBILITY.— the Trump administration.’’. er— (1) ACTIVITIES BEFORE AUGUST 1, 1994.—Section ‘‘(1) in the case of a scholarship, the institu- (7) On February 7, 2017, Amnesty Inter- 212(a)(3)(B) of the Immigration and Nationality national reported that between 5,000 and 13,000 tion of higher education at which the recipient Act (8 U.S.C. 1182(a)(3)(B)) shall not apply to pursues a degree is an institution described in people were extrajudicially executed in the an alien with respect to any activity undertaken Saydnaya Military Prison between September section 371(a) of the Higher Education Act of by the alien in association with the Rwandan 1965 (20 U.S.C. 1067q(a)); and 2011 and December 2015. Patriotic Front or the Rwandan Patriotic Army (8) In February 2017, COI released a report— ‘‘(2) in the case of a grant, the recipient is an before August 1, 1994. (A) stating that a joint United Nations-Syrian institution described in such section.’’. (2) EXCEPTION.— Arab Red Crescent convoy in Orum al-Kubra, (b) CLERICAL AMENDMENTS.— (A) IN GENERAL.—Paragraph (1) shall not Syria, was attacked by air on September 19, (1) SECTION HEADING.—The heading of section apply if the Secretary of State or the Secretary 2016; 2200c of title 10, United States Code, is amended of Homeland Security, as applicable, determines (B) explaining that the attack killed at least to read as follows: in the sole unreviewable discretion of such ap- 14 civilian aid workers, injured at least 15 oth- plicable Secretary that, in the totality of the cir- ‘‘§ 2200c. Special considerations in awarding ers, and destroyed trucks, food, medicine, cumstances, such alien— scholarships and grants’’. clothes, and other supplies; and (i) poses a threat to the safety and security of (C) concluding that ‘‘the attack was meticu- (2) TABLE OF SECTIONS.—The table of sections the United States; or lously planned and ruthlessly carried out by the at the beginning of chapter 112 of title 10, (ii) does not merit a visa, admission to the Syrian air force to purposefully hinder the de- United States Code, is amended by striking the United States, or a grant of an immigration ben- livery of humanitarian aid and target aid work- item relating to section 2200c and inserting the efit or protection. ers, constituting the war crimes of deliberately following new item: (B) IMPLEMENTATION.—Subparagraph (A) attacking humanitarian relief personnel, denial ‘‘2200c. Special considerations in awarding shall be implemented by the Secretary of State of humanitarian aid and targeting civilians.’’. scholarships and grants.’’. and the Secretary of Homeland Security, in con- (9) On October 26, 2017, the Organization for sultation with the Attorney General. Subtitle LXII—Matters Relating to Foreign the Prohibition of Chemical Weapons-United (c) APPROPRIATE COMMITTEES OF CONGRESS Nations Nations Joint Investigative Mechanism trans- DEFINED.—In this section, the term ‘‘appro- mitted its sixth report, which concluded that the SEC. 6201. COORDINATION OF EFFORTS TO NEGO- priate committees of Congress’’ means— Syrian Arab Armed Forces and the Islamic State TIATE FREE TRADE AGREEMENTS (1) the Committee on the Judiciary, the Com- in Iraq and Syria (ISIS) have both used chem- WITH CERTAIN SUB-SAHARAN AFRI- mittee on Foreign Relations, the Committee on CAN COUNTRIES. ical weapons against villages in Syria, including Homeland Security and Governmental Affairs, (a) IN GENERAL.—The Chief Executive Officer the use of sarin by the forces of the Government and the Committee on Appropriations of the of Syria in Khan Sheikhoun in April 2017. of the Millennium Challenge Corporation shall Senate; and consult and coordinate with the United States (10) On August 8, 2017, COI released a report (2) the Committee on the Judiciary, the Com- stating that certain offenses, including delib- Trade Representative and the Administrator of mittee on Foreign Affairs, the Committee on the United States Agency for International De- erately attacking hospitals, holding back hu- Homeland Security, and the Committee on Ap- manitarian aid as a tactic to control civilian velopment with respect to countries described in propriations of the House of Representatives. subsection (b) for the purpose of developing and populations, and the continued use of chemical SEC. 6203. SYRIAN WAR CRIMES ACCOUNT- weapons against civilians, constitute war crimes carrying out the plan required by section 116(b) ABILITY. of the African Growth and Opportunity Act (19 and crimes against humanity. (a) FINDINGS.—Congress makes the following (11) Physicians for Human Rights reported U.S.C. 3723(b)). findings: that, between March 2011 and the end of Decem- (b) COUNTRIES DESCRIBED.—A country is de- (1) March 2017 marks the sixth year of the on- ber 2017, Syrian government and allied forces— scribed in this paragraph if the country— going conflict in Syria. (A) had committed 446 attacks on 330 separate (1) is identified under section 110(b)(1) of the (2) As of February 2017— medical facilities (including through the use of Trade Preferences Extension Act of 2015 (Public (A) more than 13,000,000 people are in need of indiscriminate barrel bombs on at least 80 occa- Law 114–27; 19 U.S.C. 3705 note); and humanitarian assistance in Syria; sions); and (2)(A) has entered into a Millennium Chal- (B) approximately 6,600,000 people are dis- (B) had killed 847 medical personnel. lenge Compact pursuant to section 609 of the placed from their homes inside Syria; and (12) The Department of State’s 2017 Country Millennium Challenge Act of 2003 (22 U.S.C. (C) approximately 5,600,000 Syrians have fled Reports on Human Rights Practices— 7708); or to neighboring countries as refugees. (A) states that President Bashar al-Assad (B) is selected by the Board of Directors of the (3) Since the conflict in Syria began, the ‘‘engaged in frequent violations and abuses, in- Millennium Challenge Corporation under sub- United States has provided more than cluding massacres, indiscriminate killings, kid- section (c) of section 607 of that Act (22 U.S.C. $8,000,000,000 to meet humanitarian needs in napping of civilians, arbitrary detentions, and 7706) from among the countries determined to be Syria, making the United States the world’s sin- rape as a war tactic.’’; eligible countries under subsection (a) of that gle largest donor by far to the Syrian humani- (B) explains that ‘‘these attacks included section. tarian response. bombardment with improvised explosive devices,

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commonly referred to as ‘barrel bombs’ . . .’’; (2) ELEMENTS.—The reports required under (1) complete a study of the feasibility and de- and paragraph (1) shall include— sirability of potential transitional justice mecha- (C) reports that ‘‘[t]he government [of Syria] (A) a description of alleged war crimes, crimes nisms for Syria, including a hybrid tribunal, to continued the use of torture and rape, including against humanity, and genocide perpetrated address war crimes, crimes against humanity, of children’’. during the civil war in Syria, including— and genocide perpetrated in Syria beginning in (13) In February 2016, COI reported that— (i) incidents that may constitute war crimes, March 2011; and (A) ‘‘crimes against humanity continue to be crimes against humanity, or genocide committed (2) submit a detailed report of the results of committed by [Syrian] Government forces and by by the regime of President Bashar al-Assad and the study conducted under paragraph (1), in- ISIS’’; all forces fighting on its behalf; cluding recommendations on which transitional (B) the Syrian government has ‘‘committed (ii) incidents that may constitute war crimes, justice mechanisms the United States Govern- the crimes against humanity of extermination, crimes against humanity, or genocide committed ment should support, why such mechanisms murder, rape or other forms of sexual violence, by violent extremist groups, anti-government should be supported, and what type of support torture, imprisonment, enforce disappearance forces, and any other combatants in the con- should be offered, to— and other inhuman acts’’; and flict; (A) the Committee on Foreign Relations of the (C) ‘‘[a]ccountability for these and other (iii) any incidents that may violate the prin- Senate; crimes must form part of any political solution’’. ciple of medical neutrality and, if possible, the (B) the Committee on Foreign Affairs of the (14) Credible civil society organizations col- identification of the individual or individuals House of Representatives; lecting evidence of war crimes, crimes against who engaged in or organized such incidents; (C) the Committee on Appropriations of the humanity, and genocide in Syria report that at and Senate; and (iv) if possible, a description of the conven- least 12 countries in western Europe and North (D) the Committee on Appropriations of the tional and unconventional weapons used for America have requested assistance on inves- House of Representatives. such crimes and the origins of such weapons; tigating such crimes. (e) TECHNICAL ASSISTANCE AUTHORIZED.— and (1) IN GENERAL.—The Secretary of State (act- (15) In April 2018, the COI— (B) a description and assessment by the De- ing through appropriate officials and offices, (A) reported at least 34 chemical attacks dur- partment of State Office of Global Criminal Jus- which may include the Office of Global Criminal ing the period beginning in 2013 and ending in tice, the United States Agency for International Justice), after consultation with the Department January 2018, many of which— Development, the Department of Justice, and (i) used chlorine or sarin, a nerve agent; and of Justice and other appropriate Federal agen- other appropriate agencies of programs that the (ii) were conducted by the Government of cies, is authorized to provide appropriate assist- United States Government has undertaken to Syria. ance to support entities that, with respect to ensure accountability for war crimes, crimes (16) According to the World Health Organiza- war crimes, crimes against humanity, and geno- against humanity, and genocide perpetrated tion, following the April 7, 2018, chemical weap- cide perpetrated by the regime of President against the people of Syria by the regime of ons attack in Douma, Eastern Ghouta, an esti- Bashar al-Assad, all forces fighting on its be- President Bashar al-Assad, violent extremist mated 500 people were treated for ‘‘signs and half, and all non-state armed groups fighting in groups, and other combatants involved in the symptoms consistent with exposure to toxic the country, including violent extremist groups conflict, including programs— chemicals’’. in Syria beginning in March 2011— (i) to train investigators within and outside of (17) On April 13, 2018, United States Ambas- (A) identify suspected perpetrators of war Syria on how to document, investigate, develop sador to the United States Nikki Haley stated: crimes, crimes against humanity, and genocide; findings of, and identify and locate alleged per- (B) collect, document, and protect evidence of ‘‘The United States estimates that Assad has petrators of war crimes, crimes against human- crimes and preserve the chain of custody for used chemical weapons in the Syrian war at ity, or genocide, including— such evidence; least 50 times. Public estimates are as high as (I) the number of United States Government or (C) conduct criminal investigations; 200.’’ contract personnel currently designated to work (D) build Syria’s investigative and judicial ca- (b) SENSE OF CONGRESS.—Congress— full-time on these issues; and pacities and support prosecutions in the domes- (1) strongly condemns— (II) the identification of the authorities and tic courts of Syria, provided that President (A) the ongoing violence, use of chemical appropriations being used to support such train- Bashar al-Assad is no longer in power; weapons, targeting of civilian populations with ing efforts; (E) support investigations by third-party barrel, incendiary, and cluster bombs and SCUD (ii) to promote and prepare for a transitional states, as appropriate; or missiles, and systematic gross human rights vio- justice process or processes for the perpetrators (F) protect witnesses that may be helpful to lations carried out by the Government of Syria of war crimes, crimes against humanity, and prosecutions or other transitional justice mecha- and pro-government forces under the direction genocide in Syria beginning in March 2011; nisms. of President Bashar al-Assad; and (iii) to document, collect, preserve, and protect (2) ADDITIONAL ASSISTANCE.—The Secretary of (B) all abuses committed by violent extremist evidence of war crimes, crimes against human- State, after consultation with appropriate Fed- groups and other combatants involved in the ity, and genocide in Syria, including support for eral agencies and the appropriate congressional civil war in Syria; Syrian, foreign, and international nongovern- committees, and taking into account the find- (2) expresses its support for the people of Syria mental organizations, and other entities, includ- ings of the transitional justice study required seeking democratic change; ing the International, Impartial and Inde- under subsection (e), is authorized to provide (3) urges all parties to the conflict— pendent Mechanism to Assist in the Investiga- assistance to support the creation and operation (A) to immediately halt indiscriminate attacks tion and Prosecution of Persons Responsible for of transitional justice mechanisms, including a on civilians; the Most Serious Crimes under International potential hybrid tribunal, to prosecute individ- (B) to allow for the delivery of humanitarian Law Committed in the Syrian Arab Republic uals suspected of committing war crimes, crimes and medical assistance; and since March 2011 and the Independent Inter- against humanity, or genocide in Syria begin- (C) to end sieges of civilian populations; national Commission of Inquiry on the Syrian ning in March 2011. (4) calls on the President to support efforts in Arab Republic; and (3) BRIEFING.—The Secretary of State shall Syria, and on the part of the international com- (iv) to assess the influence of accountability provide detailed, biannual briefings to the ap- munity, to ensure accountability for war crimes, measures on efforts to reach a negotiated settle- propriate congressional committees describing crimes against humanity, and genocide com- ment to the Syrian conflict during the reporting the assistance provided to entities described in mitted during the conflict; and period. paragraph (1). (5) supports the request in United Nations Se- (3) FORM.—The report required under para- (f) STATE DEPARTMENT REWARDS FOR JUSTICE curity Council Resolutions 2139 (2014), 2165 graph (1) may be submitted in unclassified or PROGRAM.—Section 36(b)(10) of the State De- (2014), and 2191 (2014) for the Secretary-General classified form, but shall include a publicly partment Basic Authorities Act of 1956 (22 to regularly report to the Security Council on available annex. U.S.C. 2708(b)(10)) is amended by inserting ‘‘(in- implementation on the resolutions, including of (4) PROTECTION OF WITNESSES AND EVI- cluding war crimes, crimes against humanity, or paragraph 2 of Resolution 2139, which ‘‘de- DENCE.—The Secretary shall take due care to genocide committed in Syria beginning in March mands that all parties immediately put an end ensure that the identification of witnesses and 2011)’’ after ‘‘genocide’’. to all forms of violence [and] cease and desist physical evidence are not publicly disclosed in a (g) INDEPENDENT INTERNATIONAL COMMISSION from all violations of international humani- manner that might place such persons at risk of OF INQUIRY ON THE SYRIAN ARAB REPUBLIC.— tarian law and violations and abuses of human harm or encourage the destruction of evidence The Secretary of State, acting through the rights’’. by the Government of Syria, violent extremist United States Permanent Representative to the (c) REPORT ON ACCOUNTABILITY FOR WAR groups, anti-government forces, or any other United Nations, should use the voice, vote, and CRIMES, CRIMES AGAINST HUMANITY, AND GENO- combatants or participants in the conflict. influence of the United States at the United Na- CIDE IN SYRIA.— (d) TRANSITIONAL JUSTICE STUDY.—Not later tions to advocate that the United Nations (1) IN GENERAL.—The Secretary of State shall than 180 days after the date of the enactment of Human Rights Council, while the United States submit a report on war crimes, crimes against this Act, the Secretary of State (acting through remains a member, annually extend the mandate humanity, and genocide in Syria to the appro- appropriate officials and offices, which may in- of the Independent International Commission of priate congressional committees not later than clude the Office of Global Criminal Justice), Inquiry on the Syrian Arab Republic until the 90 days after the date of the enactment of this after consultation with the Department of Jus- Commission has completed its investigation of Act and another such report not later than 180 tice, the United States Agency for International all alleged violations of international human days after the Secretary of State determines that Development, and other appropriate Federal rights laws beginning in March 2011 in the Syr- the violence in Syria has ceased. agencies, shall— ian Arab Republic.

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(h) DEFINITIONS.—In this section: denied under the arms embargo referred to in the congressional defense committees a report (1) APPROPRIATE CONGRESSIONAL COMMIT- such subsection. detailing the Department’s efforts to enhance TEES.—The term ‘‘appropriate congressional (2) An analysis of the impact that lifting the the United States’ leadership and collaboration committees’’ means— arms embargo would have on United States in- with the North Atlantic Treaty Organization (A) the Committee on Foreign Relations of the terests related to the island of Cyprus and the with respect to the development of a comprehen- Senate; Eastern Mediterranean region. sive, cross-domain strategy to build cyber-de- (B) the Committee on Armed Services of the (3) An analysis of how the arms embargo is fense capacity and deter cyber attacks among Senate; being complied with in areas controlled by Cy- Organization member countries. (C) the Committee on Foreign Affairs of the prus, and in occupied northern Cyprus, and (2) CONTENTS.—The report required by para- House of Representatives; and whether any party has violated the letter or graph (1) shall address the following: (D) the Committee on Armed Services of the spirit of the arms embargo. (A) Improving cyber situational awareness House of Representatives. (4) An analysis of how the arms embargo among Organization member countries. (2) GENOCIDE.—The term ‘‘genocide’’ means against Cyprus impacts the ability of the United (B) Implementation of the cyber operational- any offense described in section 1091(a) of title States and its partners to combat threats in the domain roadmap of the Organization with re- 18, United States Code. Mediterranean region. spect to doctrine, political oversight and govern- (3) HYBRID TRIBUNAL.—The term ‘‘hybrid tri- (c) APPROPRIATE CONGRESSIONAL COMMITTEES ance, planning, rules of engagement, and inte- bunal’’ means a temporary criminal tribunal DEFINED.—In this section, the term ‘‘appro- gration across member countries. that involves a combination of domestic and priate congressional committees’’ means— (C) Planned cooperative efforts to combat in- international lawyers, judges, and other profes- (1) the Committee on Armed Services and the formation warfare across Organization member sionals to prosecute individuals suspected of Committee on Foreign Affairs of the House of countries. committing war crimes, crimes against human- Representatives; and (D) The development of cyber capabilities, in- ity, or genocide. (2) the Committee on Armed Services and the cluding cooperative development efforts and (4) TRANSITIONAL JUSTICE.—The term ‘‘transi- Committee on Foreign Relations of the Senate. technology transfer. tional justice’’ means the range of judicial, non- TITLE LXVI—STRATEGIC PROGRAMS, (E) Supporting stronger cyber partnerships judicial, formal, informal, retributive, and re- CYBER, AND INTELLIGENCE MATTERS with non-Organization member countries as ap- storative measures employed by countries propriate. transitioning out of armed conflict or repressive SEC. 6601. TECHNICAL CORRECTIONS TO CER- regimes— TAIN CYBERSPACE MATTERS. SEC. 6604. BRIEFING ON CYBER EDUCATION AND TRAINING. (A) to redress legacies of atrocities; and (a) SCOPE OF POLICY OF THE UNITED STATES (B) to promote long-term, sustainable peace. ON CYBERSPACE, CYBERSECURITY, CYBER WAR- (a) SENSE OF THE SENATE.—It is the sense of (5) WAR CRIME.—The term ‘‘war crime’’ has FARE, AND CYBER DETERRENCE.—The policy of the Senate that— the meaning given the term in section 2441(c) of the United States on cyberspace, cybersecurity, (1) traditional approaches to cyber training title 18, United States Code. cyber warfare, and cyber deterrence under sec- focused solely on tactics, techniques, and proce- dures that hackers have used in the past may be SEC. 6204. CLARIFICATION OF LIMITATION ON tion 1621(a) shall apply to cyber attacks and THE TRANSFER OF THE F–35 TO TUR- malicious cyber activities described in that sec- inadequate for the challenges facing the cyber KEY. tion by a foreign power rather than to any workforce of the Department of Defense because The limitation on the transfer of the F–35 to cyber attacks and malicious cyber activities de- they fail to focus on future threats; Turkey in section 1269(c) shall apply to the scribed in that section. (2) such workforce encounters an information transfer or delivery of that aircraft to Turkey (b) SCOPE OF AUTHORITY TO DISRUPT, DEFEAT, gap when conducting training derived from rather than to the transfer of title for that air- AND DETER CYBER ATTACKS OF THE RUSSIAN events that have already occurred rather than craft to Turkey. FEDERATION.—The authority to disrupt, defeat, training developed for the evolving nature of cyber threats in real time, and cyber certifi- SEC. 6205. REPORT ON HONDURAS, GUATEMALA, and deter cyber attacks of the Russian Federa- AND EL SALVADOR. tion in section 1623(a)(1) shall apply to author- cations such as Security + and CISSP are based (a) IN GENERAL.—Not later than 180 days ity to take appropriate and proportional action on preventing vulnerabilities, exploits, and gaps after the date of the enactment of this Act, the described in that section in foreign cyberspace identified in the past and lose relevance depend- Secretary of Defense, in coordination with the rather than in any cyberspace. ing on when the courseware was updated; Director of National Intelligence, shall submit to SEC. 6602. TIER 1 EXERCISE OF SUPPORT TO (3) bridging the gap in cyber training between the congressional defense committees, the Com- CIVIL AUTHORITIES FOR A CYBER curriculum that has been built on legacy data mittee on Foreign Relations of the Senate, and INCIDENT. versus training built on current real world the Committee on Foreign Affairs of the House (a) IN GENERAL.—The Commander of the cyberattacks is a meaningful area of cyber of Representatives a report regarding narcotics United States Cyber Command, the Commander training research, curriculum development, and trafficking corruption and illicit campaign fi- of United States Northern Command, and such instruction delivery that should be addressed; nance in Honduras, Guatemala, and El Sal- other commands or components of the Depart- and vador. ment of Defense as the Secretary of Defense (4) universities and private industry are, and (b) MATTERS TO BE INCLUDED.—The report re- considers appropriate, shall, consistent with the will continue to be, critical partners in the edu- quired under subsection (a) shall include— recommendations made by the Comptroller Gen- cation and training of our future cyber force, (1) the names of senior government officials in eral of the United States in the Government Ac- and developing partnerships with such univer- Honduras, Guatemala, and El Salvador who are countability Office report GAO–16–574, conduct sities and industry will be crucial in staying in- known to have committed or facilitated acts of a tier 1 exercise of support to civil authorities formed of the latest best practices in the cyber grand corruption or narcotics trafficking; for a cyber incident. domain. (2) the names of elected officials in Honduras, (b) ELEMENTS.—The exercise required by sub- (b) BRIEFING REQUIRED.—Not later than 180 Guatemala, and El Salvador who are known to section (a) shall include the following: days after the date of the enactment of this Act, have received campaign funds that are the pro- (1) Department level leadership and decision- the Secretary of Defense shall brief the Com- ceeds of narco-trafficking or other illicit activi- making for providing cyber support to civil au- mittee on Armed Services of the Senate and the ties in the last 2 years; and thorities. Committee on Armed Services of the House of (3) the names of individuals in Honduras, (2) Testing of the policy, guidance, doctrine Representatives on how the Department of De- Guatemala, and El Salvador who are known to and other elements in the Department of De- fense can leverage and partner with universities have facilitated the financing of political cam- fense Cyber Incident Coordinating Procedure. and industry on cyber education and training. paigns in any of the Northern Triangle coun- (3) Operational planning and execution by the (c) ELEMENTS.—The briefing required by sub- tries with the proceeds of narco-trafficking or Joint Staff and supported and supporting com- section (a) shall include discussion of the fol- other illicit activities in the last 2 years. batant commands. lowing: (c) FORM.—The report submitted under sub- (4) Coordination with, and incorporation of, (1) Current partnerships and ability to expand section (a) shall be submitted in unclassified as appropriate, the Department of Homeland Se- and leverage such partnerships to improve cyber form, but may include a classified annex. curity, the Federal Bureau of Investigation, and education and training. SEC. 6206. REPORT ON ARMS EMBARGO ON CY- elements across Federal and State governments (2) Existing curriculum relating to cyber edu- PRUS. and the private sector. cation and training and recommendations for (a) IN GENERAL.—Not later than 180 days SEC. 6603. REPORT ON STRENGTHENING NATO changes to ensure relevance of such education after the date of the enactment of this Act, the CYBER DEFENSE. and training to future threats. Secretary of Defense and the Secretary of State (a) SENSE OF SENATE.—It is the sense of the (3) Joint development of curriculum, shall jointly submit to the appropriate congres- Senate that the Department of Defense should courseware, and research projects. sional committees a report on the current impact continue to cooperate with the North Atlantic (4) Joint use of instructors and of facilities. of the United States arms embargo on the Re- Treaty Organization (NATO) and key Organiza- (5) Recommendations for legislative or admin- public of Cyprus. tion allies in order to promote the common de- istrative action to improve cyber education and (b) MATTERS TO BE INCLUDED.—The report re- fense in the cyberspace domain as well as to training partnerships. quired under subsection (a) shall include the deter cyberattacks. SEC. 6605. REPORT ON DEVELOPMENT OF LONG- following: (b) REPORT REQUIRED.— RANGE STAND-OFF WEAPON. (1) A list of items that have been requested by (1) IN GENERAL.—Not later than March 31, (a) REPORT REQUIRED.—Not later than 90 Cyprus from the United States, but have been 2019, the Secretary of Defense shall submit to days after the date of the enactment of this Act,

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00233 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4244 CONGRESSIONAL RECORD — SENATE June 19, 2018 and every 180 days thereafter until December 31, duction or elimination, or that order shall be re- TITLE LXXVIII—MILITARY CONSTRUCTION 2024, the Secretary of the Air Force shall, in co- instated, as the case may be. AND GENERAL PROVISIONS ordination with the Administrator for Nuclear (B) ADDITIONAL MODIFICATIONS.—Any modi- SEC. 6801. CLARIFICATION TO INCLUDE NA- Security, submit to the congressional defense fication to a penalty imposed pursuant to the TIONAL GUARD INSTALLATIONS IN committees a report describing the joint develop- order described in subparagraph (A) on or after READINESS AND ENVIRONMENTAL ment of the long-range stand-off weapon, in- the date of the enactment of this Act shall be PROTECTION INTEGRATION PRO- cluding the missile developed by the Air Force subject to the requirements of paragraph (1). GRAM. and the W80–4 warhead life extension program (b) PROHIBITION ON USE OR PROCUREMENT.— (a) SENSE OF CONGRESS.—It is the sense of conducted by the National Nuclear Security Ad- The head of an executive agency may not— Congress that— (1) State-owned National Guard installations ministration. (1) procure or obtain or extend or renew a have always qualified as military installations (b) ELEMENTS.—The report required by sub- contract to procure or obtain any equipment, under section 2684a of title 10, United States section (a) shall include the following: system, or service that uses covered tele- Code; and (1) An estimate of the date on which the long- communications equipment or services as a sub- (2) State-owned National Guard installations range stand-off weapon will reach initial oper- stantial or essential component of any system, should continue to qualify as military installa- ating capability. or as critical technology as part of any system; tions under section 2684a of that section. (2) A description of any development mile- or stones for the missile developed by the Air Force (b) CLARIFICATION.— (2) enter into a contract (or extend or renew (1) IN GENERAL.—Section 2684a(a) of title 10, or the warhead developed by the National Nu- a contract) with an entity that uses any equip- clear Security Administration that depend on United States Code, is amended by inserting ‘‘, ment, system, or service that uses covered tele- as well as a State-owned National Guard instal- corresponding progress at the other agency. communications equipment or services as a sub- (3) A description of coordination efforts be- lation,’’ after ‘‘military installation’’. stantial or essential component of any system, (2) RETROACTIVE EFFECT.—The amendment tween the Air Force and the National Nuclear or as critical technology as part of any system. made by paragraph (1) shall take effect as of Security Administration during the 180 days (c) PROHIBITION ON LOAN AND GRANT December 2, 2002. preceding submission of the report. FUNDS.—The head of an executive agency may (4) A description of any schedule delays pro- SEC. 6802. RELEASE OF RESTRICTIONS, UNIVER- not obligate or expend loan or grant funds to SITY OF CALIFORNIA, SAN DIEGO. jected by the Air Force or the National Nuclear procure or obtain, extend or renew a contract to (a) RELEASE.—The Secretary of the Navy may, Security Administration and the anticipated ef- procure or obtain, or enter into a contract (or upon receipt of full consideration as provided in fect such delays would have on the other agen- extend or renew a contract) to procure or obtain subsection (b), release to the Regents of the Uni- cy’s schedule of work. the equipment, services, or systems described in versity of California (in this section referred to (5) Plans to mitigate the effects of any delays subsection (b). as the ‘‘University of California’’) all remaining described in paragraph (4). (d) EFFECTIVE DATES.—The prohibitions right, title, and interest of the United States, in- (6) A description of any ways, including under subsection (b)(1) and subsection (c) shall cluding restrictions on use imposed by deed or through the availability of additional funding take effect 180 days after the date of the enact- otherwise and reversionary rights, in and to a or authorities, in which the development mile- ment of this Act and the prohibition under sub- parcel of real property consisting of approxi- stones described in paragraph (2) or the esti- section (b)(2) shall take effect three years after mately 495 acres that comprises part of the San mated date of initial operating capability re- the date of the enactment of this Act. Diego campus of the University of California. ferred to in paragraph (1), could be achieved (e) RULE OF CONSTRUCTION.—Nothing in sub- (b) CONSIDERATION.— more quickly. section (b) or (c) shall be construed to— (1) CONSIDERATION REQUIRED.—As consider- (c) FORM.—The report required by subsection (1) prohibit the head of an executive agency ation for the release under subsection (a), the (a) shall be submitted in unclassified form but from procuring with an entity to provide a serv- University of California shall provide an may include a classified annex. ice that connects to the facilities of a third- amount that is acceptable to the Secretary of TITLE LXVII—COMMITTEE ON FOREIGN party, such as backhaul, roaming, or inter- the Navy, whether by cash payment, in-kind INVESTMENT IN THE UNITED STATES connection arrangements; or consideration as described under paragraph (2), SEC. 6701. INEFFECTIVENESS OF SECTION 1727. (2) cover telecommunications equipment that or a combination thereof, at such time as the Section 1727, relating to a prohibition on cannot route or redirect user data traffic or per- Secretary may require. The consideration under modification of civil penalties under export con- mit visibility into any user data or packets that this paragraph shall be based on an appraisal trol and sanctions laws, shall have no force or such equipment transmits or otherwise handles. approved by the Secretary of the value to the effect. (f) DEFINITIONS.—In this section: Department of the Navy of the restrictions re- SEC. 6702. PROHIBITION ON MODIFICATION OF (1) APPROPRIATE CONGRESSIONAL COMMIT- leased under subsection (a), except that in de- CIVIL PENALTIES UNDER EXPORT TEES.—The term ‘‘appropriate congressional termining the value of such restrictions, there CONTROL AND SANCTIONS LAWS committees’ ’’ means— shall be excluded the value of any existing im- AND PROHIBITION ON CERTAIN (A) the Committee on Banking, Housing, and provements to the property made by or on behalf TELECOMMUNICATIONS EQUIP- Urban Affairs and the Committee on Foreign of the University of California and the value of MENT. Relations of the Senate; and the University of California’s existing rights to (a) PROHIBITION ON MODIFICATION OF PEN- (B) the Committee on Financial Services and the property. ALTIES.— the Committee on Foreign Affairs of the House (2) IN-KIND CONSIDERATION.—In-kind consid- (1) IN GENERAL.—Notwithstanding any other of Representatives. eration provided by the University of California provision of law, no Federal official may modify under paragraph (1) may include goods or serv- (2) COVERED FOREIGN COUNTRY.—The term any penalty, including a penalty imposed pur- ices that benefit the Department of the Navy ‘‘covered foreign country’’ means the People’s suant to a denial order, implemented by the and may take into consideration the value Republic of China. Government of the United States with respect to which has accrued to the Department of the (3) COVERED TELECOMMUNICATIONS EQUIPMENT a Chinese telecommunications company pursu- Navy from the San Diego campus of the Univer- OR SERVICES.—The term ‘‘covered telecommuni- ant to a determination that the company has sity of California’s research, education, and cations equipment or services’’ means any of the violated an export control or sanctions law of clinical care activities, as well as the contracts, following: the United States until the date that is 30 days grants, and other collaborations between the after the President certifies to the appropriate (A) Telecommunications equipment produced Department of the Navy and the San Diego congressional committees that the company— by Huawei Technologies Company or ZTE Cor- campus of the University of California. (A) has not, for a period of one year, con- poration (or any subsidiary or affiliate of such (3) TREATMENT OF CONSIDERATION RECEIVED.— ducted activities in violation of the laws of the entities). Consideration in the form of cash payment re- United States; and (B) Telecommunications services provided by ceived by the Secretary under paragraph (1) (B) is fully cooperating with investigations such entities or using such equipment. shall be deposited in the separate fund in the into the activities of the company conducted by (C) Telecommunications equipment or services Treasury described in section 572(a)(1) of title the Government of the United States, if any. produced or provided by an entity that the Sec- 40, United States Code. (2) REINSTATEMENT OF PENALTIES OR SUS- retary of Defense, in consultation with the Di- (c) PAYMENT OF COSTS OF RELEASE.— PENDED ORDER.— rector of the National Intelligence or the Direc- (1) PAYMENT REQUIRED.—The Secretary of the (A) IN GENERAL.—If, before the date of the en- tor of the Federal Bureau of Investigation, rea- Navy shall require the University of California actment of this Act, any penalty imposed pursu- sonably believes to be an entity owned or con- to cover costs to be incurred by the Secretary, or ant to the order of the Acting Assistant Sec- trolled by, or otherwise connected to, the gov- to reimburse the Secretary for such costs in- retary of Commerce for Export Enforcement en- ernment of a covered foreign country. curred by the Secretary, to carry out the release titled ‘‘Order Activating Suspended Denial (4) EXECUTIVE AGENCY.—The term ‘‘executive under subsection (a), including survey costs, Order Relating to Zhongxing Telecommuni- agency’’ has the meaning given the term in sec- costs for environmental documentation related cations Equipment Corporation and ZTE tion 133 of title 41, United States Code. to the release, and any other administrative Kangxun Telecommunications Ltd.’’ (83 Fed. (g) TREATMENT OF PROVISION RELATING TO costs related to the release. If amounts are col- Reg. 17644), and dated April 15, 2018, is reduced PROHIBITION ON CERTAIN TELECOMMUNICATIONS lected from the University of California in ad- or eliminated, or that order is suspended, on EQUIPMENT.—Section 891, relating to a prohibi- vance of the Secretary incurring the actual such date of enactment, that penalty shall be tion on certain telecommunications equipment, costs, and the amount collected exceeds the costs reinstated to the penalty in place before such re- shall have no force or effect. actually incurred by the Secretary to carry out

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00234 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4245 the release, the Secretary shall refund the excess tion if so provided in appropriations Acts, the (B) by redesignating subparagraph (B) as sub- amount to the University of California. following amounts for programs associated with paragraph (C), and subparagraphs (C) through (2) TREATMENT OF AMOUNTS RECEIVED.— maintaining the United States merchant marine: (F) as subparagraphs (E) through (H), respec- Amounts received as reimbursement under para- (1) For expenses necessary for operations of tively; graph (1) shall be credited to the fund or ac- the United States Merchant Marine Academy, (C) by inserting after subparagraph (A) the count that was used to cover the costs incurred $69,000,000 for Academy operations. following: by the Secretary in carrying out the release (2) For expenses necessary to support the ‘‘(B) procedures for documenting, tracking, under subsection (a) or, if the period of avail- State maritime academies, $32,200,000, of and maintaining the data required to conduct ability of obligations for that appropriation has which— the annual assessments to determine the effec- expired, to the appropriations of a fund that is (A) $2,400,000 shall remain available until Sep- tiveness of the policies, procedures, and training currently available to the Secretary for the same tember 30, 2020, for the Student Incentive Pro- program of the Academy with respect to sexual purpose. Amounts so credited shall be merged gram; harassment, dating violence, domestic violence, with amounts in such fund or account and shall (B) $6,000,000 shall remain available until ex- sexual assault, and stalking involving cadets or be available for the same purposes, and subject pended for direct payments to such academies; other Academy personnel, as required by sub- to the same conditions and limitations, as (C) $22,000,000 shall remain available until ex- section (c);’’; and amounts in such fund or account. pended for maintenance and repair of State (D) by inserting after subparagraph (C), as re- (d) DESCRIPTION OF PROPERTY.—The exact maritime academy training vessels; and designated by subparagraph (B), the following: acreage and legal description of the real prop- (D) $1,800,000 shall remain available until ex- ‘‘(D) procedures for investigating sexual har- erty that is the subject of the release under sub- pended for training ship fuel assistance. assment, dating violence, domestic violence, sex- section (a) shall be determined by a survey or (3) For expenses necessary to support the Na- ual assault, or stalking involving a cadet or other documentation satisfactory to both the tional Security Multi-Mission Vessel Program, other Academy personnel to determine whether Secretary of the Navy and the University of $300,000,000, which shall remain available until disciplinary action is necessary;’’; California. expended. (2) in subsection (b)(2)(A), by inserting ‘‘and (e) REVERSIONARY INTEREST.—The Secretary (4) For expenses necessary to support Mari- other Academy personnel’’ after ‘‘cadets at the may amend the conveyance instrument to estab- time Administration operations and programs, Academy’’; and lish a period of applicability of a reversionary $60,442,000, of which $5,000,000 shall remain (3) in subsection (d)— interest consistent with conveyances for edu- available until expended for port infrastructure (A) in paragraph (2)(A) by inserting ‘‘, includ- cational purposes with the period commencing development under section 50302 of title 46, ing sexual harassment,’’ after ‘‘sexual assaults, with the date of the original conveyance. United States Code. rapes, and other sexual offenses’’; and (f) ADDITIONAL TERMS AND CONDITIONS.—The (5) For expenses necessary to dispose of vessels (B) in paragraph (4)(B), by striking ‘‘The Sec- Secretary of the Navy may require such addi- in the National Defense Reserve Fleet, retary’’ and inserting ‘‘Not later than January tional terms and conditions in connection with $6,000,000, which shall remain available until 15 of each year, the Secretary’’. the release under subsection (a) as the Secretary expended. (b) IMPLEMENTATION.—The Superintendent of considers appropriate to protect the interests of (6) For expenses necessary to maintain and the United States Merchant Marine Academy the United States. preserve a United States flag merchant marine may implement the amendment to subsection SEC. 6803. PLAN TO ALLOW INCREASED PUBLIC to serve the national security needs of the (b)(2)(A) of section 51318 of title 46, United ACCESS TO THE NATIONAL NAVAL United States under chapter 531 of title 46, States Code, made by subsection (a)(2), by up- AVIATION MUSEUM AND BARRANCAS United States Code, $300,000,000. dating an existing plan issued pursuant to the NATIONAL CEMETERY, NAVAL AIR (7) For expenses necessary for the loan guar- National Defense Authorization Act for Fiscal STATION PENSACOLA. antee program authorized under chapter 537 of Year 2018 (Public Law 115–91). Not later than 90 days after the date of the title 46, United States Code, $33,000,000, of SEC. 7505. REPORT ON IMPLEMENTATION OF REC- enactment of this Act, the Secretary of the Navy which— OMMENDATIONS FOR THE UNITED shall submit to the congressional defense com- (A) $30,000,000 may be used for the cost (as de- STATES MERCHANT MARINE ACAD- mittees a plan to allow increased public access fined in section 502(5) of the Federal Credit Re- EMY SEXUAL ASSAULT PREVENTION to the National Naval Aviation Museum and form Act of 1990 (2 U.S.C. 661a(5))) of loan guar- AND RESPONSE PROGRAM. Barrancas National Cemetery at Naval Air Sta- antees under the program; and Not later than April 1, 2019, the Maritime Ad- tion Pensacola. (B) $3,000,000 may be used for administrative ministrator shall submit to the Committee on TITLE LXXXI—DEPARTMENT OF ENERGY expenses relating to loan guarantee commit- Commerce, Science, and Transportation of the NATIONAL SECURITY PROGRAMS ments under the program. Senate and the Committee on Armed Services (b) CAPITAL ASSET MANAGEMENT PROGRAM and the Committee on Transportation and In- SEC. 7101. ADDITIONAL AMOUNTS FOR INERTIAL EPORT CONFINEMENT FUSION AND HIGH R .—Not later than 180 days after the date frastructure of the House of Representatives a YIELD PROGRAM. of the enactment of this Act, the Maritime Ad- report describing the progress of the Maritime (a) IN GENERAL.—Notwithstanding the ministrator shall submit to the Committee on Administration in implementing and closing amounts specified in the funding table in sec- Commerce, Science, and Transportation of the each of the recommendations made in the Office tion 4701, the total amount authorized to be ap- Senate and the Committee on Armed Services of Inspector General’s Report issued March 28, propriated to the Department of Energy for fis- and the Committee on Transportation and In- 2018 (ST–2018–039) identifying gaps in the cal year 2019 for research, development, test and frastructure of the House of Representatives a United States Merchant Marine Academy’s Sex- evaluation and available for the inertial con- report on the status of unexpended appropria- ual Assault Prevention and Response Program. finement fusion and high yield program shall be tions for capital asset management at the SEC. 7506. REPORT ON THE APPLICATION OF THE $518,927,000, to be allocated as follows: United States Merchant Marine Academy, and UNIFORM CODE OF MILITARY JUS- (1) Ignition, $69,575,000. the plan for expending such appropriations. TICE TO THE UNITED STATES MER- CHANT MARINE ACADEMY. (2) Support of other stockpile programs, SEC. 7503. CONCURRENT JURISDICTION. $22,565,000. Notwithstanding any other law, the Secretary (a) REPORT.—Not later than 180 days after the (3) Diagnostics, cryogenics, and experimental of Transportation may relinquish, at the Sec- date of the enactment of this Act, the Maritime support, $74,194,000. retary’s discretion, to the State of New York, Administrator shall submit a report to the Com- (4) Pulsed power inertial confinement fusion, such measure of legislative jurisdiction over the mittee on Commerce, Science, and Transpor- $8,310,000. lands constituting the United States Merchant tation of the Senate and the Committee on (5) Joint program in high energy density lab- Marine Academy in King’s Point, New York, as Armed Services and the Committee on Transpor- oratory plasmas, $9,492,000. is necessary to establish concurrent jurisdiction tation and Infrastructure of the House of Rep- (6) Facility operations and target production, between the Federal Government and the State resentatives on the impediments to the applica- $334,791,000. of New York. Such partial relinquishment of tion of the Uniform Code of Military Justice at (b) OFFSET.—The amount authorized to be ap- legislative jurisdiction shall be accomplished— the United States Merchant Marine Academy. propriated to the Department of Energy for fis- (1) by filing with the Governor of New York a (b) CONSULTATION.—The Maritime Adminis- cal year 2019 by section 3102 and available as notice of relinquishment to take effect upon ac- trator may, in preparing the report under sub- specified in the funding table in section 4701 for ceptance thereof; or section (a), consult with the Department of De- defense environmental cleanup for excess facili- (2) as the laws of that State may provide. fense, other Federal agencies, and non-Federal entities, as appropriate. ties is hereby reduced by $100,000,000. SEC. 7504. UNITED STATES MERCHANT MARINE TITLE LXXXV—MARITIME ACADEMY POLICY ON SEXUAL HAR- SEC. 7507. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO MEET NATIONAL ADMINISTRATION ASSMENT, DATING VIOLENCE, DO- MESTIC VIOLENCE, SEXUAL AS- SECURITY NEEDS. SEC. 7501. INEFFECTIVENESS OF TITLE XXXV. SAULT, AND STALKING. Section 7502 of title 46, United States Code, is Title XXXV shall have no force or effect. (a) POLICY ON SEXUAL HARASSMENT, DATING amended— SEC. 7502. AUTHORIZATION OF THE MARITIME VIOLENCE, DOMESTIC VIOLENCE, SEXUAL AS- (1) by redesignating subsection (c) as sub- ADMINISTRATION. SAULT, AND STALKING.—Section 51318 of title 46, section (d); and (a) AUTHORIZATION OF APPROPRIATIONS.— United States Code, is amended— (2) by inserting after subsection (b) the fol- There are authorized to be appropriated to the (1) in subsection (a)(2)— lowing: Department of Transportation for fiscal year (A) in subparagraph (A), by inserting ‘‘and ‘‘(c) The Secretary shall coordinate with the 2019, to be available without fiscal year limita- prevention’’ after ‘‘awareness’’; Secretary of Transportation to ensure that, to

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00235 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4246 CONGRESSIONAL RECORD — SENATE June 19, 2018 the extent feasible, electronic records provide in- port Notice’ and shall be submitted to the Envi- (3) by adding at the end the following: formation on mariner availability and respective ronmental Protection Agency in such form and ‘‘(b) MARITIME SECURITY PROGRAM VESSELS.— credentials to meet national security needs for manner as the Environmental Protection Agen- The Secretary shall require an operator of a ves- credentialed mariners crewing strategic sealift cy may require. sel participating in the Maritime Security Pro- vessels.’’. ‘‘(C) REVISED NOTIFICATION.—If an importer gram under chapter 531 of this title to carry on SEC. 7508. SMALL SHIPYARD GRANTS. wishes to change any of the information speci- each Maritime Security Program vessel 2 United Section 54101(b) of title 46, United States fied on the original notification, the importer States Merchant Marine Academy cadets, if Code, is amended— must submit a revised notification, containing available, on each voyage. (1) by redesignating paragraphs (2) and (3) as notification of the changes, to the Environ- ‘‘(c) MILITARY SEALIFT COMMAND VESSELS.— paragraphs (3) and (4), respectively; mental Protection Agency. ‘‘(1) IN GENERAL.—Except as provided in para- (2) by inserting after paragraph (1) the fol- ‘‘(4) CONSENT.— graph (2), the Commander of the Military Sealift lowing: ‘‘(A) IN GENERAL.—An importer shall not im- Command shall require an operator of a vessel ‘‘(2) TIMING OF GRANT NOTICE.—The Adminis- port vessels containing regulated levels of poly- in the United States Navy’s Military Sealift trator shall post a Notice of Funding Oppor- chlorinated biphenyls until the importer has re- Command to carry on each such vessel 2 United tunity regarding grants awarded under this sec- ceived consent from the Administrator of the States Merchant Marine Academy cadets, if tion not more than 15 days after the date of en- Environmental Protection Agency. available, on each voyage, if the vessel— actment of the appropriations Act for the fiscal ‘‘(B) TERMS.—Importers shall only import ves- ‘‘(A) is flagged in the United States; and year concerned.’’; and sels under the terms of the consent issued by the ‘‘(B) is rated at 10,000 gross tons or higher. (3) in paragraph (4), as redesignated by para- Administrator of the Environmental Protection ‘‘(2) WAIVER.—The Commander of the Mili- graph (1), by striking ‘‘paragraph (2)’’ and in- Agency under this paragraph and subject to the tary Sealift Command may waive the require- serting ‘‘paragraph (3)’’. condition that the facility shall establish a valid ment under paragraph (1) at any time if the Commander determines that carrying a cadet SEC. 7509. DOMESTIC SHIP RECYCLING FACILI- written contract, chain of contracts, or equiva- TIES. lent arrangements with other United States fa- from the United States Merchant Marine Acad- Section 3502 of the Floyd D. Spence National cilities, where applicable, to manage the poly- emy would place an undue burden on the vessel Defense Authorization Act for Fiscal Year 2001 chlorinated biphenyls and hazardous waste ex- or the operator of the vessel. (Public Law 106–398; 54 U.S.C. 308704 note) is pected to be removed from the vessel or vessels. ‘‘(d) DEFINITION OF OPERATOR.—In this sec- amended— ‘‘(5) REPORT TO THE ENVIRONMENTAL PROTEC- tion, the term ‘operator’ includes a government (1) by redesignating subsections (c) through TION AGENCY.—Any ship scrapping facility au- operator and a non-government operator. (f) as subsections (d) through (g), respectively; thorized by this subsection to import vessels con- ‘‘(e) SAVINGS CLAUSE.—Nothing in this section and taining regulated levels of polychlorinated may be construed as affecting— (2) by inserting after subsection (b) the fol- biphenyls shall file with the Administrator of ‘‘(1) the discretion of the Secretary to deter- lowing: the Environmental Protection Agency, not later mine whether to place a United States Merchant ‘‘(c) SCRAPPING OF IMPORTED VESSELS.— than April 1 of each year, a report providing, Marine Academy cadet on a vessel; ‘‘(1) IN GENERAL.—Notwithstanding any other for each vessel imported in accordance with this ‘‘(2) the authority of the Coast Guard regard- provision of law, domestic ship scrapping facili- subsection, the following information: ing a vessel security plan approved under sec- ties selected by the Secretary of Transportation ‘‘(A) The vessel name and approximated ton- tion 70103; or in accordance with subsection (b) may import nage. ‘‘(3) the discretion of the master of the vessel into the United States, for the purpose of dis- ‘‘(B) Registration number and flag of the ves- to ensure the safety of all crew members.’’. mantling, marine vessels that contain regulated sel. SEC. 7511. GAO REPORT ON NATIONAL MARITIME levels of polychlorinated biphenyls that are in- ‘‘(C) The date of import. STRATEGY. tegral to a vessel’s structure, equipment, or sys- ‘‘(D) The types, quantities, and final destina- The Comptroller General of the United States tems necessary for its operation. tion of all polychlorinated biphenyls and haz- shall complete a study and submit to the Com- ‘‘(2) NO TSCA PRIOR AUTHORIZATION RE- ardous waste removed. mittee on Commerce, Science, and Transpor- QUIRED.—In lieu of rulemaking by the Adminis- ‘‘(E) The EPA-issued consent number under tation of the Senate, the Committee on Armed trator of the Environmental Protection Agency which the vessel was imported. Services of the House of Representatives, and under section 6(e) of the Toxic Substances Con- ‘‘(6) APPLICABLE LAWS.—Once a vessel has the Committee on Transportation and Infra- trol Act (15 U.S.C. 2605(e)), imports of vessels been imported pursuant to this subsection, the structure of the House of Representatives, a re- containing regulated levels of polychlorinated manufacturing, processing, distribution in com- port on— biphenyls shall be subject to prior notification merce, use, and disposal of any polychlorinated (1) the key challenges, if any, to ensuring that and consent in accordance with this subsection. biphenyls and hazardous waste contained on the United States marine transportation system ‘‘(3) NOTIFICATION.— the vessel shall be carried out in accordance and merchant marine are sufficient to support ‘‘(A) CONTENTS.—An importer of 1 or more with applicable Federal, State, and local laws United States economic and defense needs, as vessels containing regulated levels of poly- and regulations. articulated by the Maritime Administration, the chlorinated biphenyls shall submit a notifica- ‘‘(7) AUTHORITY.—The Administrator of the Committee on the Marine Transportation Sys- tion to the Environmental Protection Agency Environmental Protection Agency may promul- tem, and other stakeholders; not less than 75 days before a vessel is imported gate additional standards or procedures for the (2) the extent to which a national maritime into the United States under this subsection. import of ships that contain regulated levels of strategy incorporates desirable characteristics of The import notification may cover up to one polychlorinated biphenyls and hazardous waste, successful national strategies as identified by year of shipments of vessels containing regu- for the purpose of recycling, under this sub- the Comptroller General, and any key obstacles lated levels of polychlorinated biphenyls being section, if— (as identified by stakeholders) to successfully sent to the same ship scrapping facility, and ‘‘(A) the benefits of such additional standards implementing such strategies; and shall contain, at a minimum, the following or procedures exceed the costs of those stand- (3) the extent to which Federal efforts to es- items: ards or procedures; tablish national maritime strategy are duplica- ‘‘(i) The name, contact name, address, tele- ‘‘(B) not later than 180 days prior to promul- tive or fragmented, and if so, the impact on phone number, email address, and EPA Identi- gating such additional standards or procedures, United States maritime policy for the future. fication Number (if applicable) of the ship the Administrator of the Environmental Protec- SEC. 7512. DEPARTMENT OF TRANSPORTATION scrapping facility and the recognized trader, if tion Agency submits a report to the Committee INSPECTOR GENERAL REPORT ON the ship scrapping facility is not the importer. on Commerce, Science, and Transportation of TITLE XI PROGRAM. ‘‘(ii) The name, contact name, address, tele- the Senate and the Committee on Transpor- Not later than 180 days after the date of en- phone number, email address, and EPA Identi- tation and Infrastructure of the House of Rep- actment of this Act, the Department of Trans- fication Number (if applicable) of each facility resentatives demonstrating compliance with sub- portation Office of Inspector General shall— where polychlorinated biphenyls or hazardous paragraph (A) and the reasons such standards (1) initiate an audit of the financial controls materials contained on a vessel will be stored or procedures are necessary; and and protections included in the policies and pro- and disposed of, including any polychlorinated ‘‘(C) the Administrator of the Environmental cedures of the Department of Transportation for biphenyls storage or disposal facility approved Protection Agency receives the concurrence of approving loan applications for the loan guar- under the Toxic Substances Control Act (15 the Maritime Administrator on any such addi- antee program authorized under chapter 537 of U.S.C. 2601 et seq.). tional standards or procedures.’’. title 46, United States Code; and ‘‘(iii) The types of polychlorinated biphenyls SEC. 7510. SEA YEAR ON CONTRACTED VESSELS. (2) submit to the Committee on Commerce, or polychlorinated biphenyls items expected to Section 51307 of title 46, United States Code, is Science, and Transportation of the Senate and be removed from the vessels. amended— the Committee on Armed Services and the Com- ‘‘(iv) The number of vessels proposed for im- (1) by striking ‘‘The Secretary’’ and inserting mittee on Transportation and Infrastructure of port and maximum tonnage. the following: the House of Representatives a report con- ‘‘(v) The period of time covered by the import ‘‘(a) IN GENERAL.—The Secretary’’; taining the results of that audit once the audit notice (not to exceed one year) and the start (2) in paragraph (1) of subsection (a), by is completed. and end dates of shipment. striking ‘‘owned or subsidized by’’ and inserting SEC. 7513. MULTI-YEAR CONTRACTS. ‘‘(B) FORM.—Each notice under this para- ‘‘owned, subsidized by, or contracted with’’; Nothing in section 3505 of the National De- graph shall be clearly marked ‘PCB Waste Im- and fense Authorization Act for Fiscal Year 2017

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00236 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4247 (Public Law 114–328) may be construed to pro- (xii) the condition of vessel navigation infra- (B) improve the spatial arrangement of Na- hibit the Maritime Administration from entering structure (such as channels, locks, jetties, and tional Forest System lands by reducing the into a multi-year contract for the procurement breakwaters) and efforts to maintain, upgrade, amount of ownership boundaries to be managed of up to 5 new vessels within the National Secu- or replace that infrastructure; and by 33 miles; rity Multi-Mission Vessel Program and associ- (B) shall make recommendations on— (C) improve management effectiveness by ex- ated government–furnished equipment, subject (i) the level of additional investment needed to changing isolated Federal lands with no public to the availability of appropriations. improve the Great Lakes System; overland access for non-Federal lands that will SEC. 7514. USE OF STATE MARITIME ACADEMY (ii) any benefits of increased Federal or State have public overland access and be accessible TRAINING VESSELS. investment in the Great Lakes System; and and open to public use and enjoyment; Section 51504(g) of title 46, United States (iii) any regulatory or competitive burdens im- (D) result in Federal cost savings by elimi- Code, is amended to read as follows: peding growth of the Great Lakes System. nating certain easements and their associated ‘‘(g) VESSEL CAPACITY SHARING.— (b) REPORT.—Not later than 1 year after the administration costs; ‘‘(1) IN GENERAL.—Not later than 90 days after date of the enactment of this Act, the Comp- (E) meet several of the priorities identified in the date of enactment of the National Defense troller General shall submit to the Committee on the land and resource management plan for Su- Authorization Act for Fiscal Year 2019, the Sec- Commerce, Science, and Transportation of the perior National Forest to protect and manage retary, acting through the Maritime Adminis- Senate, the Committee on Transportation and administratively or congressionally designated, trator, shall upon consultation with the mari- Infrastructure of the House of Representatives, unique, proposed, or recommended areas, in- time academies, and to the extent feasible with and the Co-Chairs of the Great Lakes Task cluding acquisition of 307 acres of land to the the consent of the maritime academies, imple- Force of the Senate and of the House of Rep- administratively proposed candidate Research ment a program of training vessel capacity shar- resentatives a report containing the results of Natural Areas, which are managed by pre- ing, requiring maritime academies to share the study conducted under this section. serving and maintaining areas for ecological re- training vessel capacity provided by the Sec- SEC. 7517. MISCELLANEOUS. search, observation, genetic conservation, moni- retary among maritime academies, as necessary (a) NONCOMMERCIAL VESSELS.—Section 3514(a) toring, and educational activities; (F) promote more effective land management to ensure that training needs of each academy of the National Defense Authorization Act for that would meet specific National Forest needs are met. Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. for management, including acquisition of over ‘‘(2) PROGRAM OF VESSEL CAPACITY SHARING.— 51318 note) is amended— For purposes of this subsection, a program of (1) by striking ‘‘Not later than’’ and inserting 6,500 acres of land for new public access, water- vessel capacity sharing shall include— the following: shed protection, ecologically rare habitats, wet- ‘‘(A) ways to maximize the available under- ‘‘(1) IN GENERAL.—Not later than’’; and lands, water frontage, and improved ownership way training capacity available in the fleet of (2) by redesignating paragraphs (1) and (2) as patterns; training vessels; subparagraphs (A) and (B), respectively, and (G) convey Federal land generally not needed ‘‘(B) coordinating the dates and duration of adjusting the margins accordingly; and for other Forest resource management objectives, training cruises with the academic calendars of (3) by adding at the end the following: because such land is adjacent to intensively de- maritime academies; ‘‘(2) NONCOMMERCIAL VESSELS.—For the pur- veloped private land including ferrous mining ‘‘(C) coordinating academic programs de- poses of this section, vessels operated by any of areas, where abundant mining infrastructure signed to be implemented aboard training vessels the following entities shall not be considered and transportation are already in place, includ- among maritime academies; and commercial vessels: ing— ‘‘(D) identifying ways to minimize costs. ‘‘(A) Any entity or agency of the United (i) a large, intensively developed open pit ‘‘(3) EVALUATION.—Not later than 30 days States. mine lying directly to the north of the Federal after the beginning of each fiscal year, the Sec- ‘‘(B) The government of a State or territory. land; retary, acting through the Maritime Adminis- ‘‘(C) Any political subdivision of a State or (ii) a private mine railroad, powerlines, and trator, shall evaluate the vessel capacity shar- territory. roads lying directly to the south of the Federal ing program under this subsection to determine ‘‘(D) Any other municipal organization.’’. land; and (iii) already existing ore processing, milling, the optimal utilization of State maritime train- (b) PASSENGER RECORDS.—Section 51322(c) of and tailings facilities located approximately 5 ing vessels, and modify the program as nec- title 46, United States Code, is amended to read miles to the west of the Federal land; and essary to improve utilization.’’. as follows: (H) provide a practical resolution to complex ‘‘(c) MAINTENANCE OF SEXUAL ASSAULT TRAIN- SEC. 7515. PERMANENT AUTHORITY OF SEC- issues pertaining to the development of private RETARY OF TRANSPORTATION TO ING RECORDS.—The Maritime Administrator mineral rights underlying the Federal land sur- ISSUE VESSEL WAR RISK INSUR- shall require the owner or operator of a commer- face, and thereby avoid potential litigation ANCE. cial vessel, or the seafarer union for a commer- which could adversely impact the status and (a) IN GENERAL.—Section 53912 of title 46, cial vessel, to maintain records of sexual assault management of the Federal land and other Na- United States Code, is repealed. training for any person required to have such tional Forest System land acquired under the (b) CLERICAL AMENDMENT.—The table of sec- training.’’. authority of section 6 of the Act of March 1, tions at the beginning of chapter 539 of title 46, (c) NATIONAL OCEANIC AND ATMOSPHERIC AD- 1911 (commonly known as the Weeks Law; 16 United States Code, is amended by striking the MINISTRATION.—Section 3134 of title 40, United U.S.C. 515). item relating to section 53912. States Code, is amended by adding at the end (b) DEFINITIONS.—In this section: SEC. 7516. NAVIGATION SYSTEM STUDY AND RE- the following: PORT. (1) COLLECTION AGREEMENTS.—The term ‘‘Col- ‘‘(c) NATIONAL OCEANIC AND ATMOSPHERIC lection Agreements’’ means the following agree- (a) STUDY OF THE GREAT LAKES SYSTEM.— ADMINISTRATION.—The Secretary of Commerce (1) IN GENERAL.—The Comptroller General of ments between the Secretary and Poly Met per- may waive this subchapter with respect to con- taining to the NorthMet Land Exchange: the United States shall conduct a comprehensive tracts for the construction, alteration, or repair study of the Great Lakes-Saint Lawrence Sea- (A) The agreement dated August 25, 2015. of vessels, regardless of the terms of the con- (B) The agreement dated January 15, 2016. way navigation system (referred to in this sec- tracts as to payment or title, when the contract (2) FEDERAL LAND PARCEL.—The term ‘‘Fed- tion as the ‘‘Great Lakes System’’) that exam- is made under the Act entitled ‘An Act to define eral land parcel’’ means all right, title, and in- ines the current state of the system and makes the functions and duties of the Coast and Geo- terest of the United States in and to approxi- recommendations for improvements. detic Survey, and for other purposes’, approved mately 6,650 acres of National Forest System (2) CONTENTS.—The study— August 6, 1947 (33 U.S.C. 883a et seq.).’’. land, as identified in the Final Record of Deci- (A) shall examine, with respect to the Great (d) ANNUAL PAYMENTS FOR MAINTENANCE AND sion, within the Superior National Forest in St. Lakes System— SUPPORT.—Section 51505(b)(2) of title 46 is (i) typical cargo routing options; Louis County, Minnesota, as generally depicted amended to read as follows: (ii) the cost profile of each route and alter- on the map entitled ‘‘Federal Land Parcel– ‘‘(2) MAXIMUM.—The amount under para- native routes; NorthMet Land Exchange’’, and dated June (iii) port infrastructure quality; graph (1) may not be more than $25,000, unless 2017. (iv) intermodal connections; the academy satisfies section 51506(b) of this (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- (v) competing transportation options, includ- title.’’. eral land’’ means all right, title, and interest of ing air, rail, and ground transportation and SEC. 7518. SUPERIOR NATIONAL FOREST LAND Poly Met in and to approximately 6,690 acres of their relative market position; EXCHANGE. land in four separate tracts (comprising 10 sepa- (vi) taxes and fees imposed on vessels; (a) PURPOSE AND NEED FOR NORTHMET LAND rate land parcels in total) within the Superior (vii) marketing efforts to increase shipments; EXCHANGE.— National Forest to be conveyed to the United (viii) subsidies provided to the Great Lakes (1) PURPOSE.—It is the purpose of this section States by Poly Met in the land exchange as gen- System and to competing cargo transportation to further the public interest by consummating erally depicted on an overview map entitled systems; the NorthMet Land Exchange as specifically set ‘‘Non-Federal Land Parcels–NorthMet Land Ex- (ix) the condition of the docks at each port; forth in this section. change’’ and dated June 2017, and further de- (x) United States and Canadian Government (2) NEED.—According to the Final Record of picted on separate tract maps as follows: icebreaking capabilities to facilitate commercial Decision, the NorthMet Land Exchange is advis- (A) TRACT 1.—Approximately 4,650 acres of shipping; able and needed because the NorthMet Land land in St. Louis County, Minnesota, generally (xi) the maritime safety and marine casualty Exchange will— depicted on the map entitled ‘‘Non-Federal statistics for commercial vessels transiting the (A) result in a 40-acre net gain in National Land Parcels–NorthMet Land Exchange–Hay Great Lakes System; and Forest System lands; Lake Tract’’, and dated June 2017.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00237 Fmt 4624 Sfmt 6333 E:\CR\FM\A19JN6.001 S19JNPT1 S4248 CONGRESSIONAL RECORD — SENATE June 19, 2018

(B) TRACT 2.—Approximately 320 acres of land cel as generally identified on the map entitled (2) PLANNING.—Upon acquisition by the in 4 separate parcels in Lake County, Min- ‘‘Federal Land Parcel–NorthMet Land Ex- United States in the NorthMet Land Exchange, nesota, generally depicted on the map entitled change’’, and dated June 2017. the non-Federal lands shall be managed in a ‘‘Non-Federal Land Parcels–NorthMet Land Ex- (B) THIRD-PARTY AUTHORIZATIONS.—As set manner consistent with the land and resource change–Lake County Lands’’, and dated June forth in the Final Record of Decision, Poly Met management plan applicable to adjacent feder- 2017. shall honor existing road and transmission line ally owned lands in the Superior National For- (C) TRACT 3.—Approximately 1,560 acres of authorizations on the Federal land parcel. Upon est. An amendment or supplement to the land land in 4 separate parcels in Lake County, Min- relinquishment of the authorizations by the and resource management plan shall not be re- nesota, generally depicted on the map entitled holders or upon revocation of the authorizations quired solely because of the acquisition of the ‘‘Non-Federal Land Parcels–NorthMet Land Ex- by the Forest Service, Poly Met shall offer re- non-Federal lands. change–Wolf Lands’’, and dated June 2017. placement authorizations to the holders on at (3) FEDERAL LAND.—Upon conveyance of the (D) TRACT 4.—Approximately 160 acres of land least equivalent terms. Federal land parcel to Poly Met in the in St. Louis County, Minnesota, generally de- (d) VALUATION OF NORTHMET LAND EX- NorthMet Land Exchange, the Federal land picted on the map entitled ‘‘Non-Federal Land CHANGE.— parcel shall become private land and available Parcel–NorthMet Land Exchange–Hunting Club (1) APPRAISALS.—The Congress makes the fol- for any lawful use in accordance with applica- Lands’’, dated June 2017. lowing new findings: ble Federal, State, and local laws and regula- (4) NORTHMET LAND EXCHANGE.—The term (A) Appraisals of the Federal and non-Federal tions pertaining to mining and other uses of ‘‘NorthMet Land Exchange’’ means the land ex- lands to be exchanged in the NorthMet Land land in private ownership. change specifically authorized and directed by Exchange were formally prepared in accordance (g) MISCELLANEOUS PROVISIONS.— subsection (c). with the Uniform Appraisal Standards for Fed- (1) WITHDRAWAL OF ACQUIRED NON-FEDERAL (5) POLY MET.—The term ‘‘Poly Met’’ means eral Land Acquisitions, and were approved by LAND.—The non-Federal lands acquired by the Poly Met Mining Corporation, Inc., a Min- the Secretary in conjunction with preparation United States in the NorthMet Land Exchange nesota Corporation with executive offices in St. of the November 2015 Draft Record of Decision shall be withdrawn, without further action by Paul, Minnesota, and headquarters in Hoyt on the NorthMet Land Exchange. the Secretary, from appropriation and disposal Lakes, Minnesota. (B) The appraisals referred to in subpara- under public land laws and under laws relating (6) RECORD OF DECISION.—The term ‘‘Record graph (A) determined that the value of the non- to mineral and geothermal leasing. Federal lands exceeded the value of the Federal of Decision’’ means the Final Record of Decision (2) WITHDRAWAL REVOCATION.—Any public of the Forest Service issued on January 9, 2017, land parcel by approximately $425,000. land order that withdraws the Federal land par- (C) Based on the appraisals referred to in sub- approving the NorthMet Land exchange be- cel from appropriation or disposal under a pub- paragraph (A), the United States would ordi- tween the United States and PolyMet Mining, lic land law shall be revoked without further ac- narily be required to make a $425,000 cash Inc., a Minnesota Corporation, involving Na- tion by the Secretary to the extent necessary to equalization payment to Poly Met to equalize tional Forest System land in the Superior Na- permit conveyance of the Federal land parcel to exchange values under the Federal Land Policy tional Forest in Minnesota. Poly Met. and Management Act of 1976 (43 U.S.C. 1701 et (7) SECRETARY.—The term ‘‘Secretary’’ means (3) WITHDRAWAL OF FEDERAL LAND PENDING seq.), unless such an equalization payment is the Secretary of Agriculture. CONVEYANCE.—The Federal land parcel to be waived by Poly Met. (8) STATE.—The term ‘‘State’’ means the State conveyed to Poly Met in the NorthMet Land Ex- (2) VALUES FOR CONSUMMATION OF LAND EX- of Minnesota. change, if not already withdrawn or segregated CHANGE.—The appraised values of the Federal (c) NORTHMET LAND EXCHANGE.— from appropriation or disposal under the min- and non-Federal land determined and approved (1) EXCHANGE AUTHORIZED AND DIRECTED.— eral leasing and geothermal or other public land by the Secretary in November 2015, and ref- (A) IN GENERAL.—Subject to subsection laws upon enactment of this Act, is hereby so erenced in paragraph (1)— (d)(3)(A) and other conditions imposed by this withdrawn, subject to valid existing rights, until section, if Poly Met offers to convey to the (A) shall be the values utilized to consummate the NorthMet Land Exchange; and the date of conveyance of the Federal land par- United States all right, title, and interest of cel to Poly Met. Poly Met in and to the non-Federal land, the (B) shall not be subject to reappraisal. (3) WAIVER OF EQUALIZATION PAYMENT.— (4) ACT CONTROLS.—In the event any provi- Secretary shall accept the offer and convey to (A) CONDITION ON LAND EXCHANGE.—Notwith- sion of the Record of Decision conflicts with a Poly Met all right, title, and interest of the standing section 206(b) of the Federal Land Pol- provision of this section, the provision of this United States in and to the Federal land parcel. icy and Management Act (43 U.S.C. 1716(b)), section shall control. (B) LAND EXCHANGE EXPEDITED.—Subject to and as part of its offer to exchange the non- the conditions imposed by this section, the f Federal lands as provided in subsection NorthMet Land Exchange directed by this sec- (c)(1)(A), Poly Met shall waive any payment to APPOINTMENT tion shall be consummated not later than 90 it of any monies owed by the United States to days after the date of enactment of this Act. The PRESIDING OFFICER. The equalize land values. (2) FORM OF CONVEYANCE.— Chair, on behalf of the President pro (B) TREATMENT OF WAIVER.—A waiver of the (A) NON-FEDERAL LAND.—Title to the non- equalization payment under subparagraph (A) tempore, pursuant to Public Law 100– Federal land conveyed by Poly Met to the shall be considered as a voluntary donation to 696, appoints the following Senator as a United States shall be by general warranty deed the United States by Poly Met for all purposes member of the United States Capitol subject to existing rights of record, and other- of law. Preservation Commission: the Honor- wise conform to the title approval regulations of (e) MAPS AND LEGAL DESCRIPTIONS.— able DEB FISCHER of Nebraska. the Attorney General of the United States. (1) MINOR ADJUSTMENTS.—By mutual agree- (B) FEDERAL LAND PARCEL.—The Federal land ment, the Secretary and Poly Met may correct f parcel shall be quitclaimed by the Secretary to minor or typographical errors in any map, acre- GLOBAL FOOD SECURITY Poly Met by an exchange deed. age estimate, or description of the Federal land REAUTHORIZATION ACT OF 2017 (3) EXCHANGE COSTS.— parcel or non-Federal land to be exchanged in (A) REIMBURSEMENT REQUIRED.—Poly Met the NorthMet Land Exchange. Mr. MCCONNELL. Mr. President, I shall pay or reimburse the Secretary, either di- (2) CONFLICT.—If there is a conflict between a ask unanimous consent that the Sen- rectly or through the Collection Agreements, for map, an acreage estimate, or a description of ate proceed to the immediate consider- all land survey, appraisal, land title, deed prep- land under this section, the map shall control ation of Calendar No. 427, S. 2269. aration, and other costs incurred by the Sec- unless the Secretary and Poly Met mutually retary in processing and consummating the The PRESIDING OFFICER. The agree otherwise. clerk will report the bill by title. NorthMet Land Exchange. The Collection (3) EXCHANGE MAPS.—The maps referred to in Agreements, as in effect on the date of the en- subsection (b) depicting the Federal and non- The bill clerk read as follows: actment of this Act, may be modified through Federal lands to be exchanged in the NorthMet A bill (S. 2269) to reauthorize the Global the mutual consent of the parties. Land Exchange, and dated June 2017, depict the Food Security Act of 2016 for 5 additional (B) DEPOSIT OF FUNDS.—All funds paid or re- identical lands identified in the Final Record of years. imbursed to the Secretary under subparagraph Decision, which are on file in the Office of the There being no objection, the Senate (A)— Supervisor, Superior National Forest. proceeded to consider the bill. (i) shall be deposited and credited to the ac- (f) POST-EXCHANGE LAND MANAGEMENT.— counts in accordance with the Collection Agree- (1) NON-FEDERAL LAND.—Upon conveyance of Mr. MCCONNELL. Mr. President, I ments; the non-Federal land to the United States in the ask unanimous consent that the bill be (ii) shall be used for the purposes specified for NorthMet Land Exchange, the non-Federal land considered read a third time. the accounts; and shall become part of the Superior National For- The PRESIDING OFFICER. Without (iii) shall remain available to the Secretary est and be managed in accordance with— objection, it is so ordered. until expended without further appropriation. (A) the Act of March 1, 1911 (commonly The bill was ordered to be engrossed (4) CONDITIONS ON LAND EXCHANGE.— known as the Weeks Law; 16 U.S.C. 500 et seq.); for a third reading and was read the (A) RESERVATION OF CERTAIN MINERAL and RIGHTS.—Notwithstanding paragraph (1), the (B) the laws and regulations applicable to the third time. United States shall reserve the mineral rights on Superior National Forest and the National For- Mr. MCCONNELL. Mr. President, I approximately 181 acres of the Federal land par- est System. know of no further debate on the bill.

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00238 Fmt 4624 Sfmt 0634 E:\CR\FM\A19JN6.001 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4249 The PRESIDING OFFICER. If there The PRESIDING OFFICER. Without image that has ricocheted all across is no further debate, the bill having objection, it is so ordered. the world, just as the image of Bull been read the third time, the question AMENDMENTS NOS. 2943, AS MODIFIED, AND 2985 Connor’s dogs tearing at Birmingham’s is, Shall the bill pass? TO AMENDMENT NO. 2910 children ricocheted across the world. It The bill (S. 2269) was passed, as Mr. MCCONNELL. Mr. President, I said to the world that we actually follows: ask unanimous consent that the fol- weren’t upholding the high ideals that S. 2269 lowing amendments be called up en our Founders set out to create. Be it enacted by the Senate and House of Rep- bloc: Crapo No. 2943, as modified, and Well, that is terrible, but what is also resentatives of the United States of America in Baldwin No. 2985. I further ask consent terrible is that President Trump will Congress assembled, that at 10 a.m. on Wednesday, June 20, take no responsibility for what he has SECTION 1. SHORT TITLE. the Senate vote in relation to the done and instead takes on a cheap po- This Act may be cited as the ‘‘Global Food Crapo and Baldwin amendments in the litical tactic, which I think he thinks Security Reauthorization Act of 2017’’. order listed; finally, that there be no he can get away with. There is a lot of SEC. 2. AUTHORIZATION OF APPROPRIATIONS. second-degree amendments in order to evidence he will get away with it be- (a) ASSISTANCE TO IMPLEMENT THE GLOBAL the amendments prior to the votes. cause of the repetition on cable news FOOD SECURITY STRATEGY.—Section 6(b) of The PRESIDING OFFICER. Is there that somehow Democrats are respon- the Global Food Security Act of 2016 (22 objection? sible for this. The President said: U.S.C. 9305(b)) is amended by striking ‘‘fiscal Without objection, it is so ordered. I hate the children being taken away. The years 2017 and 2018’’ and inserting ‘‘fiscal The clerk will report the amend- Democrats have to change their law. That’s years 2017 through 2023’’. ments en bloc. their law. (b) EMERGENCY FOOD SECURITY PROGRAM.— Section 492(a) of the Foreign Assistance Act The senior assistant legislative clerk That statement is false. It has no of 1961 (22 U.S.C. 2292a(a)) is amended by read as follows: basis in reality. And I will presume striking ‘‘fiscal years 2017 and 2018’’ and in- The Senator from Kentucky [Mr. MCCON- that he is not using the children as a serting ‘‘fiscal years 2017 through 2023’’. NELL], for others, proposes amendments negotiating tool. I am not going to SEC. 3. GLOBAL FOOD SECURITY STRATEGY IM- numbered 2943, as modified, and 2985 to come to the floor and make that accu- PLEMENTATION REPORTS. amendment No. 2910. sation. There are people who have said Section 8(a) of the Global Food Security The amendments are as follows: that because they are searching for Act of 2016 (22 U.S.C. 9307(a)) is amended— AMENDMENT NO. 2943, AS MODIFIED some logic to explain how he could say (1) by striking ‘‘Not later than 1 year and 2 years’’ and inserting ‘‘During each of the (Purpose: To increase funds for a nuclear something that is so false. first 7 years’’; and demonstration program) He tweeted: ‘‘The Democrats are (2) by striking ‘‘for 2017 and 2018’’ and in- On page 24, line 2, strike the period at the forcing the breakup of families at the serting ‘‘at the end of the reporting period’’. end and insert the following: ‘‘: Provided fur- Border with their horrible and cruel Mr. MCCONNELL. Mr. President, I ther, That of the funds made available under legislative agenda.’’ That is what he ask unanimous consent that the mo- this heading, $15,000,000 shall be for a mate- wrote. That is ridiculous, and we know rial recovery demonstration project to pro- it is false because until they created tion to reconsider be considered made vide high assay enriched low uranium to sup- and laid upon the table. port advanced reactors.’’. this zero tolerance policy, which they thought would deter other immigrants, The PRESIDING OFFICER. Without AMENDMENT NO. 2985 the United States of America handled objection, it is so ordered. (Purpose: To set aside funds for cooperative f agreements and laboratory support to ac- this matter in a way that managed to enforce our laws without doing hideous ORDERS FOR WEDNESDAY, JUNE celerate the domestic production of Molyb- denum–99) violence to our bedrock values as a na- 20, 2018 On page 32, line 16, strike the period at the tion. Mr. MCCONNELL. Mr. President, I end and insert the following: ‘‘: Provided, When migrants with children cross ask unanimous consent that when the That of the amounts appropriated under this the border unlawfully, the government Senate completes its business today, it heading, $20,000,000 shall be for cooperative has broad discretion about whether to adjourn until 9:30 a.m., Wednesday, agreements and laboratory support to accel- charge the violation as a criminal of- June 20; further, that following the erate the domestic production of Molyb- fense or a civil offense, and every prayer and pledge, the morning hour be denum–99.’’. American administration—every deemed expired, the Journal of pro- The PRESIDING OFFICER. The Sen- American administration, including ceedings be approved to date, the time ator from Colorado. the Trump administration until 6 for the two leaders be reserved for their FORCED FAMILY SEPARATION weeks ago, dealt with it as a civil mat- use later in the day, and morning busi- Mr. BENNET. Mr. President, this ter and avoided the trauma of family ness be closed. Finally, I ask that fol- past April, Attorney General Sessions separation by charging them for illegal lowing leader remarks, the Senate re- announced a new zero tolerance pol- entry and deporting them. sume consideration of H.R. 5895. icy—those were his words—for the During the first 15 months of this ad- The PRESIDING OFFICER. Without southern border. Last month, the Chief ministration, until Attorney General objection, it is so ordered. of Staff to the President said that this Sessions started this zero tolerance f new zero tolerance policy ‘‘could be a policy, the Trump administration—not tough deterrent. . . . The children will the Obama administration—did this ORDER FOR ADJOURNMENT be taken care of—put into foster care with nearly 100,000 immigrants who Mr. MCCONNELL. Mr. President, if or whatever.’’ That is what he said. To were apprehended at the U.S.-Mexico there is no further business to come be- justify his zero tolerance policy, Attor- border. fore the Senate, I ask unanimous con- ney General Sessions cited Romans 8, a In terms of the law, nothing has sent that it stand adjourned under the Bible passage that was used through- changed in 6 months. The only thing previous order, following the remarks out our history to justify human slav- which has changed is the administra- of Senator BENNET. ery. tion’s policy and their decision to file The PRESIDING OFFICER. Without The administration knew precisely criminal charges for every unlawful objection, it is so ordered. what the effect of this action would be; crossing, including cases that involved f yet they did it anyway. The result is families with young children. I think that over 2,300 children have been sepa- that is the wrong policy. ENERGY AND WATER, LEGISLA- rated by the U.S. Government in the By the way, the Attorney General TIVE BRANCH, AND MILITARY name of the American people since doesn’t make up stories about it is the CONSTRUCTION AND VETERANS May. Democrats’ fault. He said this is what AFFAIRS APPROPRIATIONS ACT, The results are the images we see of will happen because of their policy, but 2019—Continued children caged in chain-link enclo- the President will not admit it. Amer- Mr. MCCONNELL. Mr. President, I sures. We hear it in the young boys and ican citizens, thank goodness, don’t ask unanimous consent that the Sen- girls crying for their parents—all done want this done in their name. They ate resume consideration of H.R. 5895. in the name of America. That is an don’t want our history besmirched by

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00239 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.043 S19JNPT1 S4250 CONGRESSIONAL RECORD — SENATE June 19, 2018 this action and the coverup of whose the color of their skin. We pride ourselves on ernors throughout the West opposed responsibility it is. That is why a bi- acceptance. If we are truly that country, the camps at the time not because they partisan group—a bipartisan group—of then it is our obligation to reunite these de- were unjust but because it was out of 75 former U.S. attorneys called for an tained children with their parents—and to bigotry of Japanese Americans. They stop separating parents and children in the end to the policy of family separation. first place. didn’t want them in their State, even if It is making their exercise of prosecu- People on all sides agree that our immigra- they were locked up in a prison. torial discretion more difficult. tion system isn’t working, but the injustice Kansas Governor Payne Ratner de- More than two dozen of the largest of zero tolerance is not the answer. I moved clared that they ‘‘are not wanted and religious groups in America have asked away from Washington almost a decade ago, not welcome.’’ Wyoming Governor Nels the President to please relent, knowing but I know there are good people at all levels Smith threatened that Japanese who he has the power to do so—Rev. Frank- of government who can do better to fix this. come to his State would be found lin Graham and nearly a dozen evan- Recently, Colleen Kraft, who heads the ‘‘hanging from every pine tree.’’ American Academy of Pediatrics, visited a An exception to that was Colorado gelical leaders, Republican Governors, shelter run by the U.S. Office of Refugee Re- Republican colleagues of mine who settlement. She reported that while there Governor Ralph Carr, a Republican. have not only said they detest the pol- were beds, toys, crayons, a playground and Speaking to a crowd of farmers, Carr icy but that the President can change diaper changes, the people working at the said: it anytime he wants. shelter had been instructed not to pick up or If you harm them, you must first harm me. Those are the facts. I don’t know how touch the children to comfort them. Imagine I was brought up in small towns where I to solve the problem of newscasters not being able to pick up a child who is not knew the shame and dishonor of race hatred. who are willing to repeat things that yet out of diapers. ‘‘I grew to despise it,’’ Carr said, Twenty-nine years ago, my mother-in-law, pointing to the crowd, ‘‘because it aren’t true. That is hard to do, and it Barbara Bush, visited Grandma’s House, a is difficult to separate fact from fiction home for children with HIV/AIDS in Wash- threatened the happiness of you and when we have a President who is aller- ington. Back then, at the height of the HIV/ you and you.’’ Carr spoke out about gic to the truth. AIDS crisis, the disease was a death sen- that injustice. He gave voice to vulner- For my own sake, at times like this, tence, and most babies born with it were able people when it was politically un- I think it is important to listen to considered ‘‘untouchables.’’ During her visit, popular. In fact, he lost his political voices like First Lady Laura Bush, who Barbara—who was the first lady at the career as a result of what he said. His wrote an op-ed in the Washington Post time—picked up a fussy, dying baby named courage may not have won him much Donovan and snuggled him against her notice or applause at the time, but he last week that was so moving. It shoulder to soothe him. My mother-in-law amazes me that, in 2017, any American never viewed her embrace of that fragile is in the honor roll of history, and we citizen would have to write it, but child as courageous. She simply saw it as the hold him up as an example of our re- thank goodness she did. right thing to do in a world that can be arbi- sponsibility to stand for justice and to Mr. President, I ask unanimous con- trary, unkind and even cruel. She, who after stand against cruelty. His example sent that Mrs. Bush’s op-ed piece be the death of her 3-year-old daughter knew should inspire us, but it also should printed in the RECORD. what it was to lose a child, believed that make us wonder what would have hap- There being no objection, the mate- every child is deserving of human kindness, pened had he not been there. rial was ordered to be printed in the compassion and love. Like Governor Carr, all of us have to In 2018, can we not as a nation find a RECORD, as follows: kinder, more compassionate and more moral choose whether we are going to stand [From the Washington Post, Jun. 17, 2018] answer to this current crisis? I, for one, be- against a policy of locking up children. LAURA BUSH: SEPARATING CHILDREN FROM lieve we can. We shouldn’t do it. We didn’t do it. The THEIR PARENTS AT THE BORDER ‘BREAKS MY Mr. BENNET. This is what she wrote: Bush administration didn’t do it. The HEART’ I live in a border state. Obama administration didn’t do it. The (By Laura Bush) She lives in Texas. Trump administration didn’t do it, Laura Bush is a former first lady of the until this so-called zero tolerance pol- I appreciate the need to enforce and pro- icy was put in place. Now, the U.S. United States. tect our international boundaries, but this On Sunday, a day we as a nation set aside zero-tolerance policy is cruel. It is immoral. Government has essentially jailed a to honor fathers and the bonds of family, I And it breaks my heart. bunch of children who can’t see their was among the millions of Americans who Our government should not be in the busi- parents. This isn’t helping the national watched images of children who have been ness of warehousing children in converted security of the United States. torn from their parents. In the six weeks be- box stores or making plans to place them in Our immigration system is broken. tween April 19 and May 31, the Department tent cities in the desert outside of El Paso. of Homeland Security has sent nearly 2,000 Sitting in that chair before the Presi- children to mass detention centers or foster I am going to read that again. Mrs. dent was the Senator from Florida. He care. More than 100 of these children are Bush wrote: ‘‘Our government should and I worked together in the Gang of 8 younger than 4 years old. The reason for not be in the business of warehousing to write an immigration bill that these separations is a zero-tolerance policy children in converted box stores or passed the Senate with almost 70 votes for their parents, who are accused of ille- making plans to place them in tent cit- in 2013. It spent $40 billion on border se- gally crossing our borders. ies in the desert outside of El Paso.’’ curity. It had internal security. It cre- I live in a border state. I appreciate the need to enforce and protect our international No, it shouldn’t. She wrote: ated a visa system so we could see who boundaries, but this zero-tolerance policy is These images are eerily reminiscent of the was here lawfully and who had over- cruel. It is immoral. And it breaks my heart. [Japanese American] internment camps . . . stayed their visa and kick out the peo- Our government should not be in the busi- of World War II, now considered to have been ple who were causing trouble. I some- ness of warehousing children in converted one of the most shameful episodes in U.S. times think he doesn’t actually want a box stores or making plans to place them in history. wall; he just wants the issue of a wall. tent cities in the desert outside of El Paso. We now have another one confronting We could be working with countries These images are eerily reminiscent of the us right now. That episode was shame- in our hemisphere to try to resolve the internment camps for U.S. citizens and non- ful. At the time, America was in the issues they face—violence, corruption, citizens of Japanese descent during World War II, now considered to have been one of midst of a great world war, the second absence of rule of law, very limited the most shameful episodes in U.S. history. in a generation. The country had just economic opportunities for people—so We also know that this treatment inflicts emerged from the largest economic de- people could stay there instead of try- trauma; those who have been interned have pression in our country’s history. ing to come to the United States just been twice as likely to suffer cardiovascular There was deep anxiety about jobs and so their kids can survive. That would disease or die prematurely than those who national security, and that anxiety be a useful thing for us to engage in. were not interned. manifested in what became a terrible A couple years ago when we had the Americans pride ourselves on being a injustice perpetrated by the U.S. Gov- kids coming to the border, I asked my- moral nation, on being the nation that sends humanitarian relief to places devastated by ernment against Japanese Americans. self—I am the parent of three daugh- natural disasters or famine or war. We pride President Roosevelt’s order called for ters: What would it take for me to send ourselves on believing that people should be the relocation of Japanese Americans one of my daughters, when they are 13 seen for the content of their character, not into prison-like camps. Many Gov- years old, with a drug smuggler 1,500

VerDate Sep 11 2014 05:56 Jun 20, 2018 Jkt 079060 PO 00000 Frm 00240 Fmt 4624 Sfmt 0634 E:\CR\FM\G19JN6.046 S19JNPT1 June 19, 2018 CONGRESSIONAL RECORD — SENATE S4251 miles to the U.S. border? What fear that his administration created and figure out what the truth actually is. would I have had to do that? that Republicans and Democrats in When somebody runs for office saying I went down there. I think the Presi- this Chamber alike know he created. they are going to have a beautiful dent should go down there. I went to Let me close just by saying that we healthcare plan that is going to cover Mexico and El Salvador and Honduras, live in a democratic republic—I have everybody in America at a really low and I met in the backyard of our Em- said that on the floor—and a democ- price, we ought to check and see bassy with a bunch of young people racy will not last very long if the gov- whether that is happening. When some- who had either tried to get into this ernment is separated from the people. body tells you—even though it is re- country and failed or tried to get into We are a self-governing enterprise. In peated over and over and over again on this country and succeeded. It was very order to do that well, in order to put one cable TV station in America—that clear they are absolutely terrorized by America’s children in the position they he is going to pay off the debt in 7 the gang violence down there, by the deserve to be put in, in order to honor years and then comes to Washington insistence on the part of gangs that the heritage our parents and grand- and gives us the largest deficit we have these kids join gangs, and by the com- parents passed on to us, in order to as- seen outside of wartime or recession, plete abject lack of economic oppor- sure America’s leadership role in the we owe it to our children to ascertain tunity. There is none. That could affect world, we have to seek the truth as the truth of the matter. the national security of the United citizens. It is a fundamental responsi- States, and we should have an interest bility that each of us has. We owe it to our children to do that, in trying to make it better. We don’t have to agree with each and we owe it to the world to treat the I would put my record on immigra- other about much, but we have to find children on our southern border with tion and border security up against any a way to ascertain the truth and then some dignity—the dignity any human single person in this Chamber because I govern toward that and figure out ways being would deserve. helped write and pass a bill that spent of moving the country forward. With I yield the floor. $40 billion on border security for the an episode like this, I get more and United States. Our dysfunction in the more worried we are reaching a point f House of Representatives caused us not where it is going to be hard to pull to pass the bill there. Now, we have back from the brink. ADJOURNMENT UNTIL 9:30 A.M. reached a level of even more dysfunc- When we are living in a time when TOMORROW tion because the President is making our President tells us that our allies up what is actually causing the prob- threaten our national security, we need The PRESIDING OFFICER. Under lem at the border and enjoys the polit- to ascertain the truth of that state- the previous order, the Senate stands ical theater of going over to the House ment. When we are told trade wars are adjourned until 9:30 a.m. tomorrow. of Representatives and having a con- easy to win, and we end up paying Thereupon, the Senate, at 6:39 p.m., versation with people about how we are more for steel than the people we are adjourned until Wednesday, June 20, going to solve a problem he created and fighting a trade war with, we need to 2018, at 9:30 a.m.

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