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 12, 2018 No. 97 Senate The Senate met at 10:03 a.m. and was appoint the Honorable MITCH MCCONNELL, a that it will begin a process that leads called to order by the Honorable MITCH Senator from the Commonwealth of Ken- to a historic peace. MCCONNELL, a Senator from the Com- tucky, to perform the duties of the Chair. monwealth of Kentucky. ORRIN G. HATCH, f President pro tempore. f f NATIONAL DEFENSE PRAYER RECOGNITION OF THE MAJORITY AUTHORIZATION BILL The Chaplain, Dr. Barry C. Black, of- LEADER Mr. MCCONNELL. Madam President, fered the following prayer: The PRESIDING OFFICER. The ma- on a related matter, history clearly Let us pray. jority leader is recognized. shows us that skillful diplomacy, glob- Holy One, Uncreated Creator, Light al peace, and a stronger American mili- of Light, we praise Your Holy Name. f tary are in no way opposed to one an- Lord, You are the joy and strength of TRUMP-KIM SUMMIT other—quite the opposite. These com- our lives. You can remove all pain, Mr. MCCONNELL. Madam President, ponents of America’s strength are com- misery, and strife. just a few hours ago, President Trump, plementary. Be for our lawmakers a source of Secretary of State Pompeo, National As President Reagan explained, truth. May they view pressing issues in Security Advisor Bolton, and the rest ‘‘Peace does not exist of its own will. It the light of Your precepts, embracing of the American delegation concluded depends on us, on our courage to build Your wisdom and power. Give them a their summit meeting with North Ko- it and guard it and pass it on to future passion for compassion and joy, as they rean officials. generations.’’ Yesterday afternoon, the remember Your desire that they live This was a historic first step in an Senate took a step toward doing just abundantly. important negotiation. In the words of that by turning to the John S. McCain Continue to shine in all of our hearts, the joint statement agreed to by the 2019 National Defense Authorization so that neither the shadow of doubt nor United States and North Korea, both Act. the shadow of death can blind us to the sides have committed to pursuing a This legislation builds on the land- light of Your great love. lasting and robust peace regime and mark bipartisan budget agreement We pray in Your sacred Name. Amen. complete—complete—denuclearization Congress and the President reached f of the Korean Peninsula. earlier this year. That deal established the outlines for the largest year-on- PLEDGE OF ALLEGIANCE The next steps in the negotiation will test whether we can get to a verifiable year increase in funding for American The Presiding Officer led the Pledge deal that enhances the security of Armed Forces in 15 years. Now this of Allegiance, as follows: Northeast Asia, our allies, and, of NDAA will authorize the use of those I pledge allegiance to the Flag of the course, the United States. resources for the priorities that matter United States of America, and to the Repub- Resolving this 61-year-old inter- most to the men and women who serve lic for which it stands, one nation under God, national challenge will take a great our country and to their commanders indivisible, with liberty and justice for all. deal of hard work. As President Trump who plan for the future. f explained a few hours ago, ‘‘Today is The legislation will equip our All- APPOINTMENT OF ACTING the beginning of the arduous process. Volunteer Force to meet a variety of PRESIDENT PRO TEMPORE Our eyes are wide open.’’ challenges abroad, but its impact will The PRESIDING OFFICER (Mrs. I support the goals contained in the also be felt right here at home, where joint statement, and I remain sup- servicemembers will receive more top- HYDE-SMITH). The clerk will please read a communication to the Senate portive of the administration’s stated notch training and expanded support from the President pro tempore (Mr. position as Secretary Pompeo has reit- services for themselves and for their erated: The goal of the United States is families. HATCH). The senior assistant legislative clerk the ‘‘complete, verifiable, and irrevers- The 2019 NDAA includes a pay raise read the following letter: ible denuclearization of the Korean pe- for all Active-Duty personnel—the ninsula.’’ If North Korea does not prove largest such increase in nearly a dec- U.S. SENATE, willing to follow through, we and our ade. It directs billions in new funding PRESIDENT PRO TEMPORE, Washington, DC, June 12, 2018. allies must be prepared to restore the to the construction of new family hous- To the Senate: policy of maximum pressure. ing and on-base support infrastructure. Under the provisions of rule I, paragraph 3, Today, I congratulate the President It expands resources for child and of the Standing Rules of the Senate, I hereby on this major step and share his hope health services as well.

∑ 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 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.000 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3730 CONGRESSIONAL RECORD — SENATE June 12, 2018 I know each of my colleagues can tes- On Christmas Eve last year, the sen- gressional review of certain regulations tify to the important roles military in- ior Senator from Montana took to the issued by the Committee on Foreign Invest- stallations play in communities all Bozeman Daily Chronicle with a piece ment in the United States. across our country. My fellow Ken- titled ‘‘Tax bill a disastrous plan, fails Reed/Warren amendment No. 2756 (to amendment No. 2700), to require the author- tuckians and I take great pride in Fort Montana and our future.’’ Quite a pro- ization of appropriation of amounts for the Campbell, Fort Knox, and the Blue nouncement. It reminded me of the development of new or modified nuclear Grass Army Depot. We are proud that Democratic leader of the House. She weapons. Kentucky is home base to many out- said our plan to give tax cuts to mid- Lee amendment No. 2366 (to the language standing units, such as the 101st Air- dle-class families and businesses would proposed to be stricken by amendment No. borne Division and those of Kentucky’s bring about ‘‘Armageddon.’’ Armaged- 2282), to clarify that an authorization to use Air and Army National Guard units. don. military force, a declaration of war, or any In our State, as in every State, the How are these prognostications hold- similar authority does not authorize the de- tention without charge or trial of a citizen military’s presence anchors entire ing up? The new Tax Code is causing or lawful permanent resident of the United communities and offers a constant re- Northwestern Energy to pass along States. minder of the sacrifices that keep us millions of dollars in savings to Mon- Mr. MCCONNELL. Madam President, safe. It is our responsibility to support tana utility customers. My friend Sen- I suggest the absence of a quorum. them. I look forward to delivering that ator DAINES recently shared what tax The PRESIDING OFFICER. The support when the Senate votes on the reform already means to Montana clerk will call the roll. NDAA later this week. small business owners. In Chester, at The senior assistant legislative clerk f Stricks Ag, it means bonuses of nearly proceeded to call the roll. $1,000 for each employee. In Missoula, WISHING LARRY KUDLOW A Mr. SCHUMER. Madam President, I at Big Sky Brewing, it means worker SPEEDY RECOVERY ask unanimous consent that the order bonuses and money to purchase new for the quorum call be rescinded. Mr. MCCONNELL. Now, Madam equipment. The same goes for Cabinet The PRESIDING OFFICER. Without President, on another matter, I want to Mountain Brewing in Libby. Over in objection, it is so ordered. share the Senate’s warmest wishes for Thompson Falls, tax reform gave RECOGNITION OF THE MINORITY LEADER a speedy recovery for Larry Kudlow, Thompson River Lumber the breathing The Democratic leader is recognized. the Director of the National Economic room to buy their first new forklift in Council and Assistant to the President, 19 years. CONGRATULATING MITCH MCCONNELL AS THE LONGEST SERVING SENATE REPUBLICAN LEADER who is currently recovering at Walter These are the workers and job cre- Mr. SCHUMER. Madam President, Reed from what we are told was a ators whom Senator DAINES bet on before I begin my remarks, I wish to small heart attack. Larry is not just a when he voted for tax reform and congratulate our Republican leader on famously happy warrior for pro- helped make all of this possible. He becoming the longest serving Repub- growth, pro-opportunity economics; he voted for Montanans to send less to the lican leader in the Senate. My friend is also widely regarded as really one of IRS and keep more of their own hard- Leader MCCONNELL reached that mile- the best guys in Washington. We hope earned money to save or invest as they stone today. he gets well soon. see fit. It is too bad their senior Sen- It is no secret we disagree on a whole ator took the opposite approach and f lot of issues, both political and philo- tried to block these tax cuts from hap- TAX REFORM sophical, but that doesn’t mean we pening, let alone that Democratic lead- can’t or don’t work together or that I Mr. MCCONNELL. Now, Madam ers in both Chambers now say they will don’t admire the qualities which help President, speaking of the economy, by repeal tax reform if they get the make him the longest serving Repub- now it is no secret that under the last chance. But Republicans will keep lican leader. administration, our Nation’s economic picking up the slack and will keep He understands his caucus and rep- recovery was slow, stunted, and almost standing up for the American people. exclusively focused on the largest resents them well. He knows how to f urban centers. Between 2010 and 2016, fight, and he knows how to cooperate. that is where more than 90 percent of RESERVATION OF LEADER TIME The job is not an easy one so it is a tes- the population growth happened; it is The PRESIDING OFFICER. Under tament to his qualities that he has where nearly three-quarters of new the previous order, the leadership time done it longer than anyone in the his- jobs went. Most everywhere else—in is reserved. tory of the Senate. our smaller cities, small towns, and f TRUMP-KIM SUMMIT rural areas—families heard a lot of Mr. SCHUMER. Madam President, on talk about what my Democratic col- CONCLUSION OF MORNING North Korea, in the early hours this leagues called an ‘‘economic recovery,’’ BUSINESS morning, President Trump and Chair- but they saw few or none of the effects The PRESIDING OFFICER. Morning man Kim met in Singapore for the first in these small towns and small commu- business is closed. meeting between a sitting U.S. Presi- nities. So it is no surprise that after f dent and the leader of North Korea. It was a welcome improvement to see the seeing their communities suffer under 8 NATIONAL DEFENSE AUTHORIZA- two of them having a dialogue rather years of Democrats’ policies, millions TION ACT FOR FISCAL YEAR 2019 of Americans are ready to take a dif- than engaging in name-calling and ferent route. That is why they elected The PRESIDING OFFICER. Under saber-rattling. Certainly, Americans a Republican President and Republican the previous order, the Senate will re- feel better about talking than name- majorities here in Congress. And we set sume consideration of H.R. 5515, which calling and threats of war, which had about implementing our agenda to the clerk will report. characterized the relationship up until take money and power out of Wash- The senior assistant legislative clerk now. ington and put it back in the hands of read as follows: Though we are all rooting for diplo- middle-class families and small busi- A bill (H.R. 5515) to authorize appropria- macy to succeed, we must be clear- nesses all across our country. tions for fiscal year 2019 for military activi- eyed about what a diplomatic success But even as the positive effects of ties of the Department of Defense, for mili- with North Korea looks like. A diplo- tary construction, and for defense activities these policies have become more and of the Department of Energy, to prescribe matic success would be the complete, more obvious, they continue to encoun- military personnel strengths for such fiscal, verifiable, irreversible denuclearization ter near-complete party-line opposition and for other purposes. of the Korean Peninsula—nothing less. at every turn. I recall that just 2 or 3 Pending: Why do we say that? It is not to make days after President Trump signed our Inhofe/McCain modified amendment No. any political points, but a nuclear historic tax reform into law, several of 2282, in the nature of a substitute. North Korea with ICBMs probably pre- my colleagues across the aisle were of- McConnell (for Toomey) amendment No. sents a greater danger to the United fering some dramatic predictions. 2700 (to amendment No. 2282), to require con- States and the safety and well-being of

VerDate Sep 11 2014 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.002 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3731 our country than any other in the something North Korea would say, not I yield the floor. world. It is imperative that we actually South Korea or the United States. The PRESIDING OFFICER. The Sen- get action here, not just photo ops. Again, it seems the President has un- ator from Iowa. Previous negotiations have sought the dercut our foreign policy by drawing a same goal, with good reason. In 1994 false equivalency between joint mili- Mrs. ERNST. Madam President, I and 2005, those negotiations yielded tary exercises with our allies and the come to the floor to make amendment agreements that were, in fact, much nuclear testing of a rogue regime. No. 2400 pending, but it is my under- more rigorous than the initial commu- Ultimately, if this is the result, it standing that we are almost at an nique issued by President Trump and will have failed President Trump’s own agreement on the hotline. Chairman Kim. This communique lists standard. The President has said that This bill has cleared committee by denuclearization as a far-off goal but ‘‘if North Korea doesn’t denuclearize, voice vote and by my colleagues on the includes no details about a pathway to that will not be acceptable.’’ President Republican side by the hotline. How- achieving it; no details about how the Trump has not made much progress to- ever, my minority counterparts have United States might verify that North ward that goal yet and has given up had months to look at this bill, but it Korea has disarmed when they repeat- substantial leverage already: the lever- has remained held up on the hotline. edly lied in the past; no details about age of joint military exercises and the The bill passed the House with unani- leverage of an audience with the Presi- stopping the enrichment of plutonium mous support and has been included in dent of the United States. and uranium; no details even about the the House’s NDAA bill. I call on my Imagine for a moment if a Demo- colleagues across the aisle to clear this definition of complete denucleariza- cratic President had gone to North tion, which has been a main point of bill or else I will fight for a vote on it Korea in similar circumstances and in the NDAA. contention in previous negotiations. came away with little more than a Unfortunately, the entire document handshake and a photo op. Imagine if a My legislation, the Presidential Al- is short on details. As we have learned, Democratic President had placed the lowance Modernization Act, would es- in the wake of the collapse of the 1994 flag of the United States next to the tablish a cap on former Presidents’ and 2005 agreements, North Korea is flag of North Korea and met a dictator monetary allowances, which are cur- liable to backtrack on vague commit- on equal terms. The commentators of rently unlimited and fund resources ments as soon as it is in its interest. the rightwing media and, in fact, the like office space, staff salaries, cell Chairman Kim, like his father before entire Republican Party would be phone bills, and more. It would then re- him, has a history of backing away shouting grave warnings about the end duce the allowance, dollar-for-dollar, from agreements. There is a great fear of American leadership and the belit- by each dollar of income a former now that Chairman Kim has won a tling of our country, about selling out President earns in excess of $400,000. major concession from the United and appeasement. The national debt is over $20 trillion. States of a meeting with our President, We Democrats do not see it this way. We cannot afford to generously sub- he may not go any further. We remain supportive of American dip- Now, as then, we must be wary of sidize the perks of former Presidents to lomatic efforts, in general, but are fo- the tune of millions of dollars. The re- this probability. When trust is lacking, cused on significant, substantive con- it is best not to dive in headfirst and ality is that post-Presidential life al- cerns with President Trump’s prelimi- ready provides fruitful opportunities hope for the best but rather to work nary arrangement with North Korea. slowly, transparently, and verifiably to on its own, with former Presidents rak- We want to see these efforts succeed ing in tens of millions of dollars from build trust and lock in concessions. It and ensure that what has just tran- is worrisome—very worrisome—that book deals, speaking engagements, and spired was not purely a reality show more. this joint statement is so imprecise. summit. What the United States has gained is Here in the Senate, we Democrats be- Again, I call on my colleagues to sup- vague and unverifiable at best; what lieve that means five things. First, port this bipartisan bill, which would North Korea has gained, however, is North Korea must dismantle or remove save taxpayer dollars that could be tangible and lasting. By granting a every single one of its nuclear, chem- used for more worthwhile causes, like meeting with Chairman Kim, President ical, and biological weapons. Second, our military. I also thank the senior Trump has granted a brutal and repres- North Korea must end the production Senator from Missouri for cosponsoring sive dictatorship the international le- and enrichment of uranium and pluto- this legislation and making it a bipar- gitimacy it long craved. The symbols nium for military purposes and perma- tisan bill. that were broadcast all over the world nently dismantle its nuclear weapons I thank the Presiding Officer. last night have lasting consequences infrastructure. That means test sites, I suggest the absence of a quorum. for the United States, for North Korea, all nuclear weapons research and devel- and the entire region. opment facilities, and enrichment fa- The PRESIDING OFFICER. The For the United States, it is perma- cilities all have to be destroyed. Third, clerk will call the roll. nent proof that we have legitimized a North Korea must continue to suspend The senior assistant legislative clerk brutal dictator who has starved his all ballistic missile tests. Fourth, proceeded to call the roll. own people. For North Koreans, to North Korea must commit to anytime, Mr. SANDERS. Mr. President, I ask have their flags astride those of the anywhere inspections for both its nu- unanimous consent that the order for United States, it is a clear symbol that clear and ballistic missile programs, the quorum call be rescinded. they are to be respected and belong including all nondeclared suspicious The PRESIDING OFFICER (Mr. KEN- among the community of nations, and sites. If inspectors reveal any viola- NEDY). Without objection, it is so or- their sins at home and abroad are be- tion, we must be permitted to imple- dered. ginning to be forgiven. If the United ment snapback sanctions. Lastly, any States is unable to win concrete, last- agreement between the United States Mr. SANDERS. Mr. President, let me ing concessions from North Korea, the and North Korea must be permanent. take this opportunity to thank my col- meeting alone will be a victory for Kim Let us hope this is not the final chap- leagues on the Armed Services Com- Jong Un and a defeat for President ter in diplomacy with Pyongyang. mittee for their hard work in pre- Trump. President Trump and his team must senting this bill, but I am going to cast Even more troubling, only an hour take stock in what has happened, what a very strong ‘‘no’’ vote on this legisla- ago, President Trump agreed to freeze North Korea has achieved, and what we tion. This morning I want to say a few joint military exercises with South have yet to achieve and pursue again a words about why I am voting no, to Korea—a legal activity—in exchange tougher course. For the sake of our na- talk about the number of amendments for the mere hope that North Korea tional security, our interests abroad, I have submitted to this bill, and to ex- will freeze its illegal nuclear testing and the safety of the American people, press my very serious concerns about regime. Alarmingly, President Trump the United States can settle for no less our Nation’s bloated military budget, called our military exercises with than the certifiable, permanent particularly in light of the many South Korea provocations. That is denuclearization of North Korea. unmet needs we face as a nation.

VerDate Sep 11 2014 01:26 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.004 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3732 CONGRESSIONAL RECORD — SENATE June 12, 2018 Also, I must express a very serious The time is long overdue for us to Pentagon and defense contractors like objection to the fact that we are deal- take a hard look at the enormous Lockheed Martin a blank check while ing with a $716 billion piece of legisla- amount of waste, cost overruns, fraud, we ignore the basic needs of working tion that is more than half of the dis- and financial mismanagement that has families throughout this country. What cretionary budget, yet we will in all plagued the Department of Defense for this debate should be about—and, un- likelihood not have a process that al- decades. fortunately, it will not be about—is our lows for amendments to be debated— I have heard many of my Republican national priorities. $716 billion, at a time when, in Lou- colleagues worry that low-income peo- Do we have to spend more money on isiana, as I understand it, they are now ple are taking advantage of this pro- defense than the next 10 countries com- going to be cutting food stamps for gram or that program. Do you know bined when children in America go hungry children, when schools where the money is? The money is with hungry, when veterans sleep out on the throughout this country don’t have the Department of Defense, and it may street, when we are the only major enough money for books or for teach- be time that we take a hard look at the country that does not guarantee ers’ salaries. We are talking about a fraud and the financial mismanage- healthcare to all people? I say no, and $716 billion military budget and this ment that exists there. That is why I I say that the time is long overdue for process, as I understand it, will allow am offering a bipartisan amendment. I us to stand up to the lobbyists and the for no amendments, despite the fact want to thank Senators GRASSLEY and military industrial complex and fight that virtually every Member of the LEE for their support on this amend- for rational national priorities. Senate has concerns about this bill. ment to end the absurdity of the De- About half of the Pentagon’s $716 bil- Over and over again I have heard my partment of Defense being the only lion budget goes directly into the Republican colleagues and a number of Federal agency that has not undergone hands of private contractors, not into Democratic colleagues come to the an audit. the hands of our troops. Let’s be clear. floor and talk about a very serious It will not surprise the Presiding Of- Over the past two decades, virtually issue, and that is the $21 trillion na- ficer to note that according to a Gallup every major defense contractor in the tional debt we are leaving our kids and poll in February, a few months ago, 65 United States has paid millions of dol- our grandchildren. But somehow, when percent of the American people oppose lars in fines and settlements for mis- it comes to giving huge tax breaks—$1 spending more money on the Depart- conduct and fraud, all—at the same trillion dollars in tax breaks to the top ment of Defense; 65 percent say that we time—while making huge profits on 1 percent—suddenly we don’t hear should not spend more money, yet over government contracts. much about that national debt. When a 2-year period, we are going to spend Since 1995, Boeing, Lockheed Martin, it comes to spending $716 billion on a some $165 billion more on the defense. and United Technologies have paid defense bill, my Republican friends are So it shouldn’t shock anyone that nearly $3 billion in fines or related set- mute. Suddenly the debt has dis- what happens here is a direct con- tlements for fraud or misconduct—$3 appeared because it is OK to spend un- tradiction to what the American people billion—at a time when oversight, limited sums of money on the military. want. The American people want frankly, is pretty weak. Yet those I have heard my Republican col- healthcare for all; my Republican col- leagues tell us that the United States three companies alone received about leagues want to throw 30 million people $800 billion in defense contracts over just cannot afford to join the rest of off of health insurance. The American the industrialized world—every other the past 18 years. people want to ask the rich and power- One of the amendments I have filed major country—and guarantee ful to pay more in taxes; our Repub- would simply require the Pentagon to healthcare for all of our people as a lican colleagues give massive tax right to a Medicare for All program. It establish a website on defense contract breaks to the top 1 percent. fraud with a list of companies con- is what the American people want, but In defense spending, it is just the I am told we cannot afford that. We victed of defrauding the Federal Gov- same thing. The American people say: I ernment, the total value of contracts can afford $716 billion in 1 year for the can’t afford to send my kids to college, awarded to such companies, and a list military, but healthcare for our chil- I can’t afford childcare, and I can’t af- of recommendations for ways the Pen- dren, for our working people, for the 30 ford housing. We need help. But nobody tagon can penalize fraudulent contrac- million people who have no health in- listens to that. We don’t have lobbyists tors. My guess is that fraud is a way of surance, and for the tens of millions of here fighting for working families so doing business and these settlements people who cannot afford health insur- they can find affordable housing or af- are simply a cost of doing business for ance—that we cannot afford. fordable prescription drugs, but today companies who have huge contracts At the moment that we are engaged we are listening to the military indus- with the Department of Defense. That in a highly competitive global econ- trial complex and talking about a $165 has to stop. omy, I am told over and over again billion increase in 2 years for the mili- Further, I find it interesting that the that we cannot afford to make public tary. colleges and universities tuition-free. As a point in comparison—and I hope very same defense contractors that Hundreds of thousands of our young everyone hears this—the increase in have been found guilty or reached set- people are unable to go to college be- military spending, the $165 billion over tlements for fraud are also paying their cause their families lack the income. 2 years that we recently approved is CEOs and executives excessive and ob- Millions leave school deeply in debt. larger than the entire military budget scene compensation packages. Last No, no, no, we cannot afford to make of China. China spends about $150 bil- year, the CEO of Lockheed Martin and public colleges and universities tui- lion a year on defense. We have in- Raytheon, two of the top U.S. defense tion-free, but we can afford to spend creased military spending by $165 bil- contractors, were each paid over $20 $716 billion in 1 year on the military. lion over 2 years. million in total compensation. More- Over half of older Americans have no Russia spends about $61 billion on de- over, more than 90 percent of the rev- retirement savings—no retirement sav- fense annually. So children in Lou- enue of those companies came from de- ings—yet we have Republican col- isiana may be losing their food stamps fense spending. So they get the bulk of leagues in the House and here in the and go hungry, but we are voting on a their money from the taxpayers of the Senate who say: Oh, we can’t afford So- bill of $716 billion at a time when Rus- United States, and then they pay their cial Security. We have to cut Social sia spends about of $61 billion on de- CEOs exorbitant compensation pack- Security for people who are trying to fense. ages. get by on $12,000, $13,000, $14,000 a year, There are enormous needs in this I think the American people might cutting their prescription drugs in half. country in Vermont, in California, and like to know why a defense contractor Cut Social Security, yes, but think all across this country. We might want can pay its CEO 100 times more than about dealing with the $716 billion to listen to the needs of working people the Secretary of Defense, whose salary military budget in a rational way? No, rather than just lobbyists from the is capped at $205,000. To my mind, that no, no, we can’t afford to do that. We military industrial complex. is a reasonable question. How does the can’t even afford to accept amend- I believe in a strong national defense, CEO of a defense contractor get 100 ments here on the floor. but we cannot continue to give the times more salary than the Secretary

VerDate Sep 11 2014 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.006 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3733 of Defense? That is why I have filed an In 2001, Donald Rumsfeld, George ple, among older people, among work- amendment to prohibit defense con- Bush’s Secretary of Defense, said that ing people, among academics. tractor CEOs from making more money DOD could not track $2.3 trillion in Let’s try to destroy the hatred that than the Secretary of Defense. transactions. Yet, 17 years after Mr. exists throughout the world based on Moreover, as the GAO has told us, Rumsfeld’s comments, the Department fear and ignorance by allowing people there are massive cost overruns in the of Defense has still not passed a clean to get to know each other. One-tenth of Defense Department’s acquisition audit, despite the fact that the Pen- 1 percent would go toward that effort. budget that we have to address. Ac- tagon controls assets in excess of $2.2 On a separate note, since March of cording to the GAO, the Pentagon’s trillion, or roughly 70 percent of what 2015, the U.S. Armed Forces have been $1.66 trillion acquisition portfolio cur- the entire Federal Government owns. involved in hostilities between a Saudi- rently suffers from more than $537 bil- The Commission on Wartime Con- led coalition and the Houthis in lion in cost overruns, with much of the tracting in Iraq and Afghanistan con- Yemen. I believe it is long past time cost growth taking place after produc- cluded in 2011 that $31 to $60 billion that we put an end to our unconstitu- tion. spent in Iraq and Afghanistan had been tional and unauthorized participation I was the mayor of the city of Bur- lost to fraud and waste. Children in in this war. To my mind, there is no lington, VT, for 8 years. Like other America go hungry. Young people leave question that U.S. participation in the mayors throughout the country— school deeply in debt. People in this war in Yemen is unauthorized and un- Democrats, Republicans, Independents, country cannot afford healthcare. But constitutional. It is the Congress of the whatever—you sit down and negotiate $31 to $60 billion in Iraq and Afghani- United States that decides whether a contract with someone who perhaps stan has been lost through fraud and this country goes to war, not the Presi- is going to repave the streets. The con- waste. Maybe—just maybe—we might dent. tractor says: ‘‘I’m going to do it for $5 want to get our priorities right and The truth about Yemen is that U.S. million,’’ and you sign a contract. You take a look at that issue. forces have been actively engaged in don’t accept the fact that the con- Separately, in 2015, the Special In- support of the Saudi coalition in this tractor comes back and says: Oh, I am spector General for Afghanistan Recon- war, providing intelligence and aerial sorry, I made a little mistake. It is struction reported that the Pentagon refueling of planes whose bombs have going to cost you people $10 million. could not account for $45 billion in killed thousands of people and made That is not the way it was done in funding for reconstruction projects. the current humanitarian crisis in Burlington. That is not the way it is More recently, an audit conducted by Yemen the worst humanitarian crisis done in cities or States throughout Ernst & Young for the Defense Logis- on the face of the planet today. Even now as I speak, there are re- this country. But apparently that is tics Agency found that it could not ports that an attack on the Yemeni the way it is done at the Department of properly account for $800 million in port city of Hodeidah by the Saudi-led Defense. construction projects. Oh, yes, Mr. Secretary, we are going It is time to hold the Department of coalition is imminent. Hodeidah is a key entry point for humanitarian aid to do this weapons system for $5 bil- Defense to the same level of account- into Yemen. The U.N. Humanitarian lion. We made a mistake; you have to ability as the rest of the government. pay us $10 billion. I would also like to briefly mention Coordinator in the country, Lisa No problem. No worries. Nobody in an amendment that, to me, makes an Grande, said last week that ‘‘a military Congress is going to raise any issue enormous amount of sense. In this bill, attack or siege on Hodeidah will im- about that. we are spending $716 billion in defense pact hundreds of thousands of innocent GAO tells us that ‘‘many DOD pro- spending in order to protect the Amer- civilians. . . . In a prolonged worst case, we fear that as many as 250,000 grams fall short of cost, schedule, and ican people. What this bill does is people may lose everything—even their performance expectations, meaning spend that money on the production of DOD pays more than anticipated, can lives.’’ fighter planes, bombs, guns, missiles, The Trump administration has tried buy less than expected, and, in some tanks, nuclear weapons, submarines, cases, delivers less capability to the to justify our involvement in the and other weapons of destruction. This Yemen war as necessary to push back warfighter.’’ That is not from BERNIE amendment I have submitted would re- SANDERS; that is from the GAO. on Iran. Well, another administration duce the defense budget by one-tenth of told us that invading Iraq was nec- Let me repeat. A major reason there 1 percent. That is not a massive cut. is so much waste, fraud, and abuse at essary to confront al-Qaida, and an- We would use that $700 million to make other told us that the Vietnam war was the Pentagon is that the Department our country safer by reaching out to of Defense remains the only Federal necessary to contain communism. people throughout the world in ways None of that turned out to be true. agency in America that hasn’t been that bring us together through edu- able to pass an independent audit 28 I believe that we have become far too cational and cultural programs. comfortable with the United States en- years after Congress required it to do At the end of the day, it is not nec- so. I know the Federal bureaucracy gaging in military interventions all essarily true that guns and tanks and over the world. We have now been in moves slowly, but 28 years should be missiles are the only way we will be Afghanistan for 17 years—the longest enough time for the DOD to do what safe. We will be safer when people war in American history. We have been Congress demanded that it do. throughout the world get to know each in Iraq for 15 years. Our troops are now The amendment Senator GRASSLEY, other and understand the common hu- in Syria under what I believe are ques- Senator LEE, and I have filed couldn’t manity that they have, when kids from be simpler. It simply says that if the tionable authorities, and the adminis- Iran and Burlington, VT, can sit down tration has indicated that it may Pentagon can’t pass a clean audit by and talk about the issues they face. fiscal year 2022—not tomorrow; fiscal broaden that mission even more. This amendment is about helping to The time is long overdue for Congress year 2022—then a small portion of the make us safer by investing in edu- to reassert its constitutional responsi- defense budget—about $100 million— cational programs, allowing our kids to bility over sending our men and women will be redirected to deficit reduction. go abroad to learn about other coun- into war. It is the Congress that makes Interestingly, you may recall that on tries, and allowing kids from other that decision. It couldn’t be clearer in September 10, 2001—1 day before 9/11— countries to come into the United the Constitution. It is not the Presi- former Secretary of Defense Donald States. Dialogue alone taking place be- dent of the United States. That is why Rumsfeld, who was George W. Bush’s tween Foreign Ministers or diplomats I have filed a bipartisan amendment, Secretary of Defense, said: at the United Nations is not the only along with Senators LEE, MURPHY, Our financial systems are decades old. Ac- way countries can relate to each other. WARREN, and several others, that cording to some estimates, we cannot track That type of dialogue, that type of $2.3 trillion in transactions. We cannot share would put an end to U.S. involvement information from floor to floor in this build- communication, that type of sharing of in the war in Yemen. ing because it’s stored on dozens of techno- who we are should be taking place be- Let me conclude by saying this: I logical systems that are inaccessible or in- tween people throughout the world at think everybody in the Congress be- compatible. the grassroots level—among young peo- lieves and understands that we need a

VerDate Sep 11 2014 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.007 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3734 CONGRESSIONAL RECORD — SENATE June 12, 2018 strong defense. There is no debate world—Afghanistan, Poland, Kuwait, Senator Paul or Senator LEE puts their about that. But we do not need a de- just to name a few. When I meet with amendment forward, they would stop fense budget that is bloated, that is these troops, I go and talk to the en- their amendments from coming up. So wasteful, and that has in it many areas listed guys in the mess hall. You can that is where we are. We have the of fraud. find out a lot more by sitting down and Corker amendment, and it is one that Let me remind some of my Repub- eating with the guys in the mess hall has a blue-slip problem. We have the lican colleagues—it is hard to believe, in Afghanistan than you can having a indefinite detention amendment by but Dwight D. Eisenhower, who led hearing in Washington, DC. One of the PAUL, and both GRAHAM and GRASSLEY American troops in World War II, was a things I learned last week was that our have said they would object if that Republican. This is what he said as he troops want to know if we are really comes up for a vote. So we can’t have was leaving office, which is as true doing all we can. a vote on that. There is nothing we can today as when he said it in 1960. He The proper authorizations, reports, do except get them together to decide. said: trainings, things like we established in This significant bill we are talking Every gun that is made, every warship this bill would be improved by an open about is the most significant bill of the launched, every rocket signifies, in the final amendment process. The open amend- year, and we can’t move on it until— sense, a theft from those who hunger and are ment process is the hallmark of our de- and, I agree, there is a problem. I have not fed, those who are cold and are not mocracy. It is very significant, and it talked to a lot of our Members who are clothed. This world in arms is not spending is something we need to be doing, and fairly new Members, and they talk money alone. It is spending the sweat of its about the Senate process and that one laborers, the genius of its scientists, the we are all in agreement on that. Now, the NDAA is also a message to person can stop everything from hap- hopes of its children. . . . This is not a way pening. Well, it has been that way a of life at all, in any true sense. Under the our allies around the world. They don’t cloud of threatening war, it is humanity want to have to hedge their bets. It long time, and this is where we seem to hanging from a cross of iron. wasn’t too long ago we were in the have to pay dearly for it. I have to say That is what Dwight D. Eisenhower South China Sea, and we saw where this also because many times on legis- said way back when. Those are words China is actually building all of these lation we have on the floor, it is Demo- that I think we should remember islands out there. I contend, it is ille- crat versus Republican, Republican today. gally building them because they don’t versus Democrat. Well, Senator REED Thank you, Mr. President. own the land. It is almost as if they are and I don’t have any disagreement. We I yield the floor. preparing for World War III. All of that disagree on some of the issues we are The PRESIDING OFFICER. The Sen- is going on right now. So it is a very going to be dealing with as we debate ator from Oklahoma. hostile world out there. amendments—and that is going to hap- Mr. INHOFE. Mr. President, I would We saw the progress the President pen this week—but we both agree the suggest that the War Powers Act does made yesterday with Kim Jong Un. other has the chance to present his specifically say that the President has That was nothing short of a miracle best case and try to win on the issues. the very power to enter our troops into that they are sitting down and visiting, So that is going on, and this is one of combat. It shouldn’t be necessary to that they have agreed on certain the rare cases where I guess all the say. denuclearization prospects. I think problems we are having objecting to People are asking me questions and they have done a great job, and I am amendments are all coming from the calling up and asking: Where are we on anxious to give this President the au- Republican side. I hope our Repub- the NDAA? I want to make a few com- thority to continue in his work. licans will get together with each other ments about that and then give an While we continue to work out the and determine what areas they actu- exact status as to where we are right amendment process, I ask my col- ally will be objecting to. That is where now. leagues to come down to the floor. we are right now. Let me, one more time, commend We said it before, but we can’t over- Let me say where we are right now. Senator REED for the cooperation we state this: This NDAA bill is going to Senator CORKER is blocking the consid- are getting between the Democrats and pass. We know it is going to pass. It eration of all amendments, unless he Republicans on this, the most signifi- has passed for 57 consecutive years, and receives a vote on his amendment. I ap- cant bill of the year. it is one that has to pass because this preciate very much the friendly atti- I yield the floor. is the most important bill of the year. tude he has had toward this. He feels The PRESIDING OFFICER. The Sen- Last night, we adopted a managers’ very strongly, but there is a blue-slip ator from Rhode Island. package of some 45 bipartisan amend- problem with this; that is, it is not Mr. REED. Mr. President, let me ments. This is on top of some 300 going to be considered by the House be- thank the Senator from Oklahoma for amendments that we already have gone cause it is a revenue issue we are deal- being very thoughtful and informing us through in the committee. ing with, and that is why it is a blue- all of the current procedural status. We I want to say with my counterpart slip issue. I know Senator CORKER did both hope to be able to work through here—Senator REED—that we are in want to correct that last night, and he another package of managers’ amend- total agreement on the procedures we attempted to do it. I have not heard ments that could be submitted. should be following. We are in agree- that he has been able to successfully do Looking at the amendments we have ment on an open amendment process. it, and I don’t believe he has. seen so far, regardless of what position Both the Democratic and Republican There are several already who have you take on their disposition, they all leadership are committed to an open said, in the event CORKER tries to bring seem to be serious, substantive and, in amendment process. We have been try- it up for a vote, they will block that our view, worthy of a vote. We just ing to set that up, and we have not vote. So that vote would be blocked. have to work out the procedure to get been shortchanging or shortcutting Senator PAUL and Senator LEE have to those votes. There may be some- anyone’s ability to be heard on their amendments that are similar to each thing in the future that is offered that amendment, because we have already other. Each one is blocking unless he seems to be very difficult, and I will gone through 300 of these in com- receives a vote. So we have Senator not say we have not, in the past, on our mittee, and then it passed unanimously LEE saying, unless he gets a vote on his side stood up and said we object. That to the floor. That is something that amendment, he is going to block any- is one of the prerogatives. doesn’t happen very often. one else from having an amendment or At this juncture, Senator INHOFE and I hope that we can have more amend- getting a vote; in other words, no I seem to be in harmony trying to find ments throughout this process. We are amendments. Senator PAUL, the same ways to vote for the proposals we have working to get consent to do that. I thing, no amendments. Now, their seen presented to us and ask and re- think we can make it happen. We want amendments are similar to each other, quest votes on the proposals by our col- an open amendment process. Every- but there are some slight differences, leagues. body wants that. but that is where they are right now. With that, I know Senator INHOFE I recently got back from visiting However, Senator GRAHAM and Sen- and I will continue to work to see if we with American troops around the ator GRASSLEY have said, in the event can move this process forward.

VerDate Sep 11 2014 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.009 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3735 I yield the floor. North Korea must understand that ily uses its playbook to delay conces- The PRESIDING OFFICER. The Sen- even if China eases the pressure, we in sions they make while front-end load- ator from Massachusetts. Congress are ready to step in to tight- ing the rewards they receive. TRUMP-KIM SUMMIT en the screws on the North Korean We can all agree that we need a plan Mr. MARKEY. Mr. President, I come economy. to stop North Korea’s plutonium pro- to the floor to raise my concerns over President Trump appears to have duction and uranium enrichment, that the outcome of the summit between made a second unforced error. By suspends and then eliminates its bal- the United States and North Korea. agreeing to curtail our joint military listic missile program, that perma- Now, after witnessing heated rhetoric exercises with the South Koreans, nently dismantles and removes all of from both sides, the unexpected turn President Trump let Kim Jong Un dic- its nuclear, chemical, and biological toward diplomacy by President Trump tate our military activities with other weapons, and that implements a com- and Kim Jong Un was, by all accounts, countries. By proclaiming that our ex- pliance inspection program with a a very welcome development. As there ercises are ‘‘provocative,’’ he has strong verification regime—suspend, is no military solution to the North adopted the North Korea propaganda. eliminate, dismantle, remove, and Korean nuclear crisis, I was encouraged By proclaiming that our exercises are verify every single step of the way. to see direct engagement, and I have ‘‘expensive,’’ he showed that he does Most of us agree on what a deal long advocated for this approach. How- not grasp our alliance commitments. should look like, but the trick is fig- ever, I am concerned that the agree- Yes, some military exercises are cost- uring out how to get there, and the ment signed this morning does little to ly, but as any businessperson should hard work lies ahead to successfully address the threats and challenges we know, the more important indicator is navigate the hazards. face. value. If a high cost is outweighed by No. 1, do not sell out our allies. We First, the text of the statement was even greater benefits, then we should must not allow North Korea to believe the most vague and least detailed of be willing to pay the cost. the alliance framework, which has any signed by North Korea over the Our military exercises improve the served as the foundation for regional past three decades. Despite his claims readiness of our forces to deter and, if peace and security, is anything other to the contrary, President Trump got a necessary, defeat North Korean aggres- than unshakeable. Unfortunately, weaker deal, with fewer commitments, sion. Will North Korea be sufficiently South Korea seemed to be caught off than any of his predecessors. Nowhere deterred without U.S. and South Ko- guard by President Trump’s announce- does the document explain what ‘‘com- rean forces standing shoulder to shoul- ment on military exercises. No. 2, do not prematurely release the plete denuclearization of the Korean der? Will the chance of conflict de- pressure valve. China, North Korea’s Peninsula’’ means. For example, Kim crease? chief enabler, already is easing pres- Jong Un can easily interpret the lan- It was telling—and very regrettable— sure on North Korea. North Korean guage to mean he will only relinquish that the South Korean Government goods already are becoming more abun- his nuclear weapons once the United needed to issue a statement asking the dant in China, despite being banned by States does the same. After all, history Trump administration to clarify its United Nations Security Council reso- shows us that North Korea interprets comment about military exercises. It lutions, and immediately following the the term ‘‘Korean Peninsula’’ to in- seems the Blue House in South Korea summit, the Chinese Foreign Ministry clude any U.S. nuclear weapon capable was not consulted. suggested making adjustments to ex- of striking North Korea. The loopholes What signal does it send to China isting sanctions on North Korea. in the agreement, it seems, are big that our presence in the region, which If China wants to be taken seriously enough to fly nuclear missiles through. has helped keep peace and stability for as a responsible global power, it cannot By contrast, previous agreements decades, may be sacrificed to save a bit shirk its duties to enforce sanctions on were much more stringent. The 1992 of money? The Trump administration serial violators like North Korea. If joint declaration signed by North and might have unwittingly given a green North Korea backslides at any point, South Korea, for example, included light to China to pursue more aggres- China must be tougher on North Korea, conditions such as ‘‘South and North sive actions in the region. including cutting off all of the crude Korea shall not test, manufacture, Now, I have been warning that we oil exports to the North Korean re- produce, receive, possess, store, deploy, must watch out for the old Kim family gime, which still flows in every day or use nuclear weapons,’’ and ‘‘South playbook—one that has been used from China. and North Korea shall not possess nu- throughout the Clinton, Bush, and No. 3, focus on the threat at hand. clear reprocessing and uranium enrich- Obama administrations. Well, the Kim North Korea’s nuclear warheads and ment facilities.’’ Unfortunately, nei- family playbook was on the field yet other dangerous weapons and their de- ther of those commitments appears in again last night, and President Trump livery systems are real threats. The ad- the latest agreement. The language in- fell for all of the plays. ministration must not fall for North stead suggests something worrying. As it has done in the past, North Korea’s inevitable theatrics and false As the administration must have re- Korea showed it is trying to, No. 1, concessions, as we cannot afford to be alized this agreement was not as strong front load the rewards and delay con- sidetracked. After all, nothing would as the previous ones, it appears it was cessions. As indicated by the post-sum- stop North Korea from conducting an- unable to convince North Korea to mit statement from China’s Foreign other nuclear or missile test if it even adopt tougher, more detailed commit- Ministry, Pyongyang and Beijing al- believes its warheads and missiles need ments. If true, we should take the hint ready appear to be working together to more testing. that North Korea has not yet felt the remove sanctions despite the lack of No. 4, build American diplomatic ca- economic pressure necessary to compel tangible evidence of denuclearization. pability and infrastructure. Diplomacy it to accept our definition of No. 2, from the Kim family playbook, is a team sport, and no matter what ‘‘denuclearization’’—one where the use sleight of hand to make irrelevant commitments leaders make, it is only Kim regime relinquishes its nuclear actions seem meaningful. By sup- through a well-staffed and well- weapons and its means to produce posedly demolishing its nuclear test resourced professional diplomatic core more. site and a missile engine test stand, that it becomes a reality. The State It appears, Kim Jong Un, having North Korea is claiming it has made Department must have the resources it stockpiled a wide range of illicit and real progress, despite not destroying a needs to conduct American foreign pol- dangerous weapons, believes he is nego- single warhead or missile. icy around the globe and especially tiating from a position of strength, No. 3, in the Kim family playbook, with regard to Asia and North Korea. rather than from a position of weak- exploit ambiguity. The Trump-Kim The outcome of this summit clearly ness. While the Trump administration agreement is so vague that it imposes indicates how much we need the advice said it has imposed maximum pressure, no clear requirements on North Korea. of career diplomats and technical ex- the truth is, we haven’t yet reached What we should want is reconciliation, perts. that level that could be called max- not repetition of what has happened And, No. 5, come to Congress. To imum pressure. decade after decade when the Kim fam- achieve a lasting solution to the crisis,

VerDate Sep 11 2014 00:30 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3736 CONGRESSIONAL RECORD — SENATE June 12, 2018 the Trump administration must work the ongoing struggle to reduce and and to the world. Thus far, there is no with Congress to shape the contours of eventually eliminate the danger nu- evidence of that. I fear that the only any future deal. Any final agreement clear weapons pose to the world. thing that will last from this summit should take the form of a treaty, to be But, instead, the Trump administra- will be the photo, because we will not ratified by the U.S. Senate, so as to in- tion wants new nuclear weapons, and, have had the concessions made that, on crease its shelf life. unfortunately, its efforts to develop a verifiable basis can, in fact, be con- Without following principles like this new, more usable low-yield nuclear firmed and that make the Korean Pe- and without a clear understanding of weapons, like the W76–2, seem to be ninsula and make the world a safer our previous diplomatic efforts with driven more by political requirements place to be. North Korea, we could fail. We owe it than by military requirements. Our So today is a momentous day. This to our fellow Americans to successfully military commanders didn’t ask for will be a momentous week on the floor reduce the threats we face because the this or any other nuclear weapon. In- of the Senate, as well, in the debate of threats from North Korea are signifi- stead, the Trump administration told this new armed services bill, and I am cant. them that they were getting this new looking forward to this incredibly im- Unlike other countries with nuclear low-yield nuclear weapon in its Nuclear portant discussion. programs, North Korea already pos- Posture Review earlier this year, which With that, I yield the floor. sesses thermonuclear warheads and the needlessly expanded our nuclear I suggest the absence of a quorum. ballistic missiles to deliver them. It warfighting capabilities and threat- The PRESIDING OFFICER. The has shorter range missiles that cast a ened new scenarios under which we dark shadow over our allies, South clerk will call the roll. might use our nuclear weapons to re- The bill clerk proceeded to call the Korea and Japan. Pyongyang possesses spond. The Nuclear Posture Review some of the foulest toxins on the plan- roll. called for new low-yield weapons, like Mr. CORNYN. Mr. President, I ask et, and it brutally represses, imprisons, the W76–2, for unretiring old, Cold War- tortures, and kills its own citizens. So unanimous consent that the order for era ones like the B–83 megaton gravity the quorum call be rescinded. we must address these myriad threats. bomb and expanding the scenarios As it turns out, negotiating with The PRESIDING OFFICER. Without under which we might respond with nu- North Korea is harder than the Presi- objection, it is so ordered. clear weapons. dent thought. So we must continue to We already have hundreds of low- CONGRATULATING MITCH MCCONNELL AS THE LONGEST SERVING SENATE REPUBLICAN LEADER squeeze the regime so that it cannot yield nuclear weapons, including the access the resources necessary to main- B61 gravity bomb and an air-launched Mr. CORNYN. Mr. President, I rise tain or expand its military capabili- cruise missile, and we will spend hun- today to mark an important milestone ties. After all, a combination of direct dreds of billions of dollars to upgrade for our friend Senator MITCH MCCON- engagement, backed by pressure, is the these systems, as well as to develop a NELL, who has now become the longest only solution to the North Korean new stealth bomber and fighter aircraft serving Republican leader, surpassing threat to the United States, our allies, to deliver them, as part of the existing Senator Bob Dole of Kansas, who and to the broader region. served from 1985 to 1996. Now, Mr. President, I would like to nuclear modernization program. Given this current capacity, as well I told somebody in the press yester- spend a few minutes discussing amend- as the lack of any documents, reports, day that Senator MCCONNELL has done ments that I am filing to the National or studies justifying the sudden, pre- it the old-fashioned way: He earned it. Defense Authorization Act. My amend- viously unrecognized, need for a new He earned this role as our leader and ments would help to reduce the nuclear low-yield weapon as part of America’s the respect, certainly, that goes along dangers the world faces today and in nuclear deterrent, it is hard to under- with it. the future by either canceling or re- He served as minority leader begin- directing funds the Trump administra- stand why we need to spend more money to develop a low-yield nuclear ning in 2007, and I had the honor of pre- tion would use to develop a new so- senting him with a copy of his maiden called low-yield nuclear weapon toward weapon that will add additional strain to a nuclear complex that is already speech as Republican leader back then. preparing for nonproliferation activi- That was at the beginning of the 110th ties that will be essential to helping operating at levels unseen since the Cold War and that could jeopardize the Congress, and he has served as either denuclearize North Korea. majority leader or minority leader ever I also want to thank my colleagues existing modernization program which since. What a historic tenure his has Senators ELIZABETH WARREN and JACK enjoys bipartisan support and which been, and what a privilege it has been REED, who have been tremendous lead- our military leaders have said is the for me to serve alongside him since I ers on the Armed Services Committee, most important nuclear requirement came to the Senate in 2003, but espe- in working to ensure that proper con- for the military. It makes no sense to cially in my role as whip, I have had gressional authorization is secured for spend more money to develop a low- any new or modified nuclear weapons. yield nuclear weapon, dangerously in- the opportunity to work with the lead- There is no more important job for distinguishable from a strategic one, er on a daily basis, and it has been one Congress than stopping the spread of especially when our military does not of the highlights of my Senate career. nuclear weapons, and I thank Senators need it. They did not request it. Senator MCCONNELL is trusted. We WARREN and REED for their leadership That is why I have fought this weap- all know he is whip smart. He is an im- and commitment to this important on from the very start and am offering pressive strategist. He understands the task. an amendment to focus on funding ac- Senate better than anybody else here, Let’s be clear. When the Trump ad- tivities that will be necessary to re- and time and again, he has dem- ministration talks about a so-called duce the nuclear danger to the world— onstrated what leaders always need to low-yield nuclear weapon, they are still whether now or in the future—instead demonstrate, and that is a remarkable referring to nuclear weapons com- of adding to it by developing a com- degree of humility, sometimes prefer- parable to the nuclear bomb that de- pletely unjustified low-yield weapon ring to work for the betterment of the stroyed Hiroshima in the Second World that adds to the risk that we can actu- conference and the country behind the War. There is no such thing as a low- ally contemplate fighting a winnable scenes rather than enjoy the spotlight yield nuclear weapon. A nuclear weap- nuclear war. That makes no sense on the frontlines. That takes a remark- on is a nuclear weapon, and they are whatsoever—a new nuclear weapon able sense of self-confidence and team fundamentally different than any other that the Pentagon did not ask for. We spirit that not everybody has. It is true tool of war. They destabilize. They an- should be heading in the opposite direc- that sometimes he is soft-spoken, but I nihilate. They force others to do the tion. That is the signal that we should can assure you that he is never afraid same. This is where the term ‘‘MAD,’’ be sending to the rest of the world. to take a hard line when absolutely or mutually assured destruction, comes With regard to the summit, my hope necessary. But more than that, he is a from. is that there will be some details that rare example of what a Senator ought For these reasons, they should never indicate what the concessions have to be, what a true public servant ought be used, and we should never falter in been made by Kim to the United States to be.

VerDate Sep 11 2014 01:26 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.012 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3737 As majority leader, Senator MCCON- work again. The Senate simply does of international adoptions, ensured a NELL is a member of a storied group not work unless our committee struc- healthcare fix for more than 3,000 re- that includes the likes of Senator ture works, because then power is dif- tired coal miners, and supported mili- Charles Curtis, the first official major- fused among all Senators, and they tary installations, such as Fort Camp- ity leader of the Senate, who was fa- each get to contribute their piece of a bell and Fort Knox. He has gotten more mous for his Native American ancestry solution to a problem. He has com- resources to strengthen Kentucky uni- and racing horses, I am told. The‘ mitted himself and the Senate to a versities. He has helped his State com- group includes Robert Taft of Ohio, more rational, functioning appropria- bat the scourge of opioid addiction. He who would work late into the night tions process—something we all can ap- even helped a mother get her child studying the rules of the Senate in plaud. back after she was abducted and taken In my opinion, it has been his never- order to outmaneuver his opponents. It to West Africa. These are just some of ending quest for this body he loves to includes Lyndon Baines Johnson from the recent ways he has served his function not just ably but at a consist- my State, who would go on to become State. President, as well as Mike Mansfield ently high level. That has been his from Montana, Johnson’s whip, who greatest contribution to the people he As we know, Senator MCCONNELL went on to serve as majority leader for serves. joined the Senate in 1984, so one could Leader MCCONNELL is concerned 16 years. In more recent times, there literally write volumes about his many about the policy priorities of our party, 1 have been great statesmen, such as Bob other contributions over the past 3 ⁄2 of course, and he works doggedly to ad- Dole, Trent Lott, and Bill Frist. decades. He once said of the Senate vance a conservative, right-of-center We all know that Senator MCCON- what is no less true of all of us: We are agenda, but he also cares deeply about NELL is an avid student of history, and all imperfect at moments, but we were he has learned a lot from all of these this institution that he has committed permanently endowed with high pur- leaders—their example, their ups and so much of his life to serving and the pose. downs, their successes, and their chal- pivotal role the Senate has always played in American history. He cares For those familiar with the story of lenges—and in a sense, he stands on his own life, this sense of high purpose their shoulders. The experience, the ex- about upholding the rules and tradi- tions of this body, not for their own was seen early on. After overcoming ample, and the great leadership each of sake but because they have simply polio at a young age, Leader MCCON- them demonstrated have benefited all withstood the test of time. NELL went on to attend the University of us but nobody more than our leader We have made great strides this Con- of Louisville, where he served as stu- Senator MCCONNELL. gress under Leader MCCONNELL’s lead- dent body president and where he urged In today’s world, the qualities em- ership. We passed the first overhaul of his classmates to march with Martin bodied by all of these men is not very the Tax Code in more than three dec- Luther King, Jr., on behalf of civil widely understood, but we have to look ades and allowed Americans to keep rights. He then became president of the no further than Senator MCCONNELL to more of their hard-earned paychecks. student bar association in law school. see what that leadership looks like. We reformed Dodd-Frank legislation, This man was clearly born to lead. One thing it requires is recognizing freeing up banks and credit unions to your role but also respecting the role What was clear early in his life re- better serve their communities by giv- mains clear today: Leader MCCONNELL of other Members in the conference. ing small businesses access to the cred- As I said, Senator MCCONNELL deeply is simply relentless. He never stops it they need in order to start that busi- understands the nature of the Senate working, and in his view, we—both as a ness and grow. We rolled back overly and his position, and he illustrated this conference and a country—still have burdensome regulations and confirmed miles to go before we sleep. when he spoke at the beginning of the 39 judicial nominees, including a Su- 114th Congress. In addition to confirming the Presi- In his first speech, he recognized that preme Court Justice and 21 circuit court judges. As Senator MCCONNELL dent’s nominees, we have a packed to- the American people were anxious likes to remind us, these judges will do list this year that includes finishing about the direction of our country. He serve long after this President’s term the Defense bill this week, passing mentioned the decline of civic trust in of office and perhaps even our time in water infrastructure reform, as well as our national institutions. He expressed the Senate. a farm bill, combating the opioid cri- concern about his fellow Americans This spring, we kept a solemn com- sis, and reauthorizing the Federal feeling as though government was mitment we made to our veterans by Aviation Administration and the Coast somehow uninterested or incapable of making sure they have access to the Guard. None of this is easy, but one addressing their concerns—a govern- healthcare choices which they need and thing is certain: With Leader MCCON- ment that seemed to be working for which we have solemnly committed to NELL at the helm and with the hard itself instead of for them. Those were provide. None of this would have been work of those of us here in the Sen- some of the sentiments and concerns possible without Leader MCCONNELL’s ate—on a bipartisan basis, hopefully— he expressed at the time. deftly navigating around the stop signs we will continue to make steady Sensing this unease, articulating the and roadblocks that naturally occur in progress on behalf of the American peo- problem was just the beginning of Sen- a place like the Senate and refusing to ple we serve. ator MCCONNELL’s setting out to fix it. yield along the way to unprecedented Thank you, Senator MCCONNELL, for What Americans wanted then is what levels of partisan obstruction. they want now: They want a govern- But we must not forget that Senator your example. Thank you for your ment that works. They want, as Sen- MCCONNELL is a leader not only of our mentorship and for your friendship, ator MCCONNELL called it, a govern- conference, but he also serves pri- and congratulations once again on ment of the 21st century, one that marily on behalf of the people of Ken- reaching this historic milestone today. functions with efficiency and account- tucky. He doesn’t leave his full-time I yield the floor. ability, competence and purpose. That job behind when he puts on his leader- The PRESIDING OFFICER (Mr. is the kind of government our leader ship hat. He somehow has to balance CRUZ). The Senator from Florida. has worked tirelessly to promote. As the needs of both his constituents in he has told us time and again, what he Kentucky and the larger needs of the Mr. NELSON. Mr. President, while is interested in is results, not show Senate and of the country as a whole. the Senator from Kentucky is here, I votes. Many of us from time to time It goes without saying that balancing want to get his attention and say that have said: Why can’t we have a vote on those competing demands is extraor- the very laudatory comments the ma- this or that? He reminds us that what dinarily difficult. It is not for the faint jority whip has said about the Sen- we need to produce is results, not the- of heart. But somehow Senator MCCON- ator—I can add to the accolades for the atrics. NELL makes it look easy. He doesn’t Senator from Kentucky by pointing He has taken steps to return the Sen- even seem to break a sweat, amazingly out that he and I have a common trait, ate to regular order, which simply so. That is because people like Senator a common denominator between us: We means getting the Senate back to work MCCONNELL are versatile and energetic. both married above ourselves. His wife, according to its own rules and tradi- On behalf of his fellow Kentuckians, the Honorable Elaine Chao, now our tions. He has gotten the committees to he has recently championed the cause Secretary of Transportation, former

VerDate Sep 11 2014 01:16 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.013 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3738 CONGRESSIONAL RECORD — SENATE June 12, 2018 Secretary of Labor—they are truly one of 12—one was just a 1-year-old—were In remembrance of the victims today of the remarkable couples of political killed by a man who, like so many oth- in Orlando, you will see this ribbon leadership in the Nation’s Capital. I ers, shouldn’t have had a gun in the worn by many, many citizens in the congratulate him on the comments by first place. When are we going to say community. On the 2-year date of that the majority whip today. enough is enough? horrific event, I want us to come to- GUN VIOLENCE At some point Congress has to accept gether again in the same way we did Mr. President, I am wearing this rib- the fact that the only way to change after Pulse in Orlando, the same way bon because the Orlando community is the current path is that we, as a soci- we did after Parkland but, this time, mourning once again. Last night, there ety, are going to have to take a step in not to help each other mourn to get was another shooting, and a number of the right direction to do the right through the tragedy but to require real people have been killed again. Today thing. Yet you can remember that a change to make sure that it is going to marks 2 years since the tragic mas- couple of years ago, in this body we be more difficult for this to happen sacre at the Pulse nightclub in Or- tried to pass a bill which said that if again. lando, 2 years since a gunman walked you were on the terrorist watch list, it Aren’t people beginning to realize into the club with a Sig Sauer MCX as- was going to be the law of the land there is way too much gun violence in sault rifle and killed 49 innocent peo- that you could not buy a gun. Mind this country—and a lot of it since ple. They were there celebrating Latin you, if they are on the terrorist watch Sandy Hook Elementary School in American night at a gay nightclub. It list, we think they are potentially a Connecticut? In my State of Florida, was one of the deadliest mass shootings terrorist and therefore cannot get on just this year, we have seen 17 students in modern U.S. history with 49 deaths, an airplane and fly on a commercial gunned down at Marjory Stoneman only to be eclipsed by the massacre of airline, but we could not pass that to Douglas. Just in this year, 1 month 58 people a year ago in Las Vegas. In say that they could not buy or acquire after that, we saw another student shot the carnage, a number of people were a gun. at Forest High School in Ocala. Just severely wounded, and those who did So what we see that destroys our last month, a sheriff’s deputy was shot not actually have physical wounds communities—we are going to have to and killed in Lake Placid. Then, this have the mental and emotional wounds do more than increase security at week, we have awakened to the news of that are not unlike the PTSD that our schools with some wrongheaded at- an officer shot in Orlando and the soldiers suffer from and have to be tempts to arm teachers. First of all, deaths of four young children who were treated for for years and years. That is the teachers don’t want to be armed in held hostage. true in the Orlando community as a re- schools. I will tell you who else doesn’t We should not allow these shootings sult of the massacre at the Pulse night- want them to be armed—the SWAT to become the new normal in this coun- club. Orlando is mourning again at this team that has to storm the school try. This Senator has been involved in 2-year mark. building looking for the shooter, and a lot of bipartisan bills to prohibit There were some incredible things then if they come upon a teacher with known or suspected terrorists from that came out of this. I have never seen a gun, they could think that teacher is purchasing firearms, to empower our the Orlando community so united, with the shooter. family members and law enforcement the leadership of the entire commu- We have to do more than increase to take guns away from relatives who nity, regardless of their politics, wear- funding for mental health or expand pose a danger to themselves and others ing these kinds of ribbons to point out background checks, which we des- who bring up these so-called red flags. their unity and using the phrase ‘‘Or- perately have to do. We need universal, These are sensible, bipartisan options lando Strong.’’ comprehensive background checks that to help make our communities safer, Today is a day to pause and honor would pick up red flags about mental yet there has been little movement in the victims and the survivors and to health issues like those of the Park- the Senate to proceed on these pro- once again thank the first responders land shooter. We have to do more than posals. who put their lives on the line to save raise the minimum age to buy a gun or The student leaders of the March For so many more. Law enforcement was ban the sale of bump stocks, which Our Lives organization have said it. magnificent. The SWAT team was makes a semiautomatic assault rifle The parents of the children at Sandy magnificent. I talked to the SWAT into an automatic—a true military Hook have said it. Those who have lost team. There was one of the SWAT weapon. loved ones to suicide have said it. Two members who actually had stitches At some point, Congress has to start years after Pulse, our resolve to end across his forehead. But for millime- standing up for the people it rep- gun violence must be stronger than ters, he would have been dead. That resents. It has to turn a deaf ear to the ever. It is time for us to act. We realize was one of the rounds from the assault special interests that have locked down that with practical politics, it is going rifle. their votes here because they want to to be very, very difficult to move legis- I talked to the trauma team at the sell more guns. At some point, Con- lation, but we have to keep trying. Orlando regional hospital. A trauma gress has to stand up to the NRA, Let’s work on some real bipartisan, unit just so happened to be about 10 or which represents the gun manufactur- commonsense solutions to make our 15 blocks from the Pulse nightclub. But ers—not the target shooters, not the communities safer. Let’s work on how for that trauma unit, those trauma hunters. It represents the gun manu- we can prevent these assault weapons surgeons and their courage in trying to facturers to sell more guns. from getting into the wrong hands. get victims stabilized, there would I say this as a fellow who grew up on Let’s work together on how we can have been more deaths. a ranch. I have had guns all of my life stop massacres that continue to plague This is a day to look back on what we and have hunted all my life. I still hunt this country. We owe it to the victims have actually done to prevent another with my son. An assault rifle like an of the massacres and to their families. such tragedy from ever happening AR–15 is not for hunting; it is for kill- We owe it to every American, who has again. Unfortunately, not much had ing. We have to face the fact of banning the right to live without being in fear happened until a bold, very courageous the sale of military assault rifle types of this violence. Just ask the students group of students after the massacre in and the long clips of some 30 rounds of in the schools of America today if they Parkland, FL, at Marjory Stoneman ammunition. fear that violence. Douglas High School stood up and said: The attack at the Pulse nightclub 2 Really, isn’t enough enough? We are going to make a difference. years ago was an attack of both terror I yield the floor. The Orlando community is once and hate, and it was an attack on our again mourning today because last fundamental American values of dig- f night a gunman shot a police officer nity and equality. It was an attack de- and then killed four young, innocent signed to divide us as a nation, but RECESS children whom he was holding hostage what we saw instead was an entire The PRESIDING OFFICER. Under in an apartment. It has happened community and entire country come the previous order, the Senate stands again. These children, all under the age together united. in recess until 2:15 p.m.

VerDate Sep 11 2014 01:16 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.015 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3739 Thereupon, the Senate, at 12:31 p.m., You will hear today from the rep- you name it—you can be a minority of recessed until 2:16 p.m. and reassem- resentative of the un-American posi- the color of your skin or a minority of bled when called to order by the Pre- tion that the Fifth and the Sixth your ideology, but we should never let siding Officer (Mr. HOEVEN). Amendments don’t apply to everybody. the government lock you up without a f Some will say: Oh, the Fifth Amend- trial, without a lawyer. ment just applies to citizens, and The amendment I have been trying to NATIONAL DEFENSE AUTHORIZA- maybe we could talk about citizens but get for 6 years simply restates the Con- TION ACT FOR FISCAL YEAR not noncitizens. The Fifth Amendment stitution, restates the Bill of Rights. It 2019—Continued says that no person shall be held or de- says that no declaration of war will The PRESIDING OFFICER. The Sen- prived of their liberty or due process, allow people apprehended in the United ator from Kentucky. which is the whole idea of going to States to be held without a trial. We Mr. PAUL. Mr. President, one of the court. Nobody captured in this country not only can’t get this passed, we can’t greatest things about our country is can be deprived of that. The Sixth get a vote on it because certain indi- the Bill of Rights. When we passed the Amendment says: ‘‘In all prosecutions, viduals have such disregard for Amer- Constitution, many people were fearful the accused’’—not just American citi- ican tradition, disregard for the pre- that if specific rights were not enumer- zens but the accused. sumption of innocence, and disregard ated, they might be taken away. I People will say: Oh, we are talking for the Bill of Rights that they object think other people said: We don’t need about terrorists here, and they are ter- to even having a vote. So we have been a Bill of Rights. Who can imagine a rible people. Absolutely they are ter- trying for 6 years to have a vote on time when we would take away the rible people. Everybody would want to this. right to trial? Who can imagine a time punish the guilty terrorists, but do you Mr. President, I ask unanimous con- when you wouldn’t get a lawyer or that want to punish people who are only ac- sent that it be in order to call up my you could be held indefinitely without cused of terrorism? amendment, which would forbid indefi- a trial? You say: Well, it is a terrible crime. nite detention of American citizens and Some people opposed the Bill of We might as well just throw out the others who are accused of a crime, Rights and said: We don’t need this be- Constitution and throw out the Bill of amendment No. 2795 to amendment No. cause it is so obvious that no one in Rights. Why don’t we just lock these 2282. their right mind would ever argue that people up or, better yet, kill them? The PRESIDING OFFICER. Is there an American citizen or someone appre- That is the mentality of lynching. objection? hended or accused of a crime in the That is the mentality of locking up all Mr. GRAHAM. Mr. President, reserv- United States would be held without the Japanese during World War II. Is ing the right to object. limit, would be sent to a camp in an- that who we are as a people? The PRESIDING OFFICER. The Sen- other country and held forever without They will have won after 9/11 if we ator from South Carolina. a trial. None of our Founding Fathers give up on the Bill of Rights. If we give Mr. GRAHAM. Mr. President, I will ever imagined that could happen. up on who we are, they will have won. try to be brief. I appreciate Senator Well, here we are at a time where We presume people to be innocent. We PAUL’s passion. He has been doing this just 4 or 5 years ago, this body passed don’t lock up people because they are for 6 years. I think he has been wrong a bill that says an American citizen Japanese—not any longer—and we for 6 years. can be detained forever; that an Amer- don’t lynch people because they are Let me say something. There is a ican citizen accused of a crime in the Black—not any longer—because the reason I am not talking about eye sur- United States can be sent to a foreign Bill of Rights applies to everyone. gery on the floor: I don’t know any- camp and held forever without trial. If you say, well, he is accused of ter- thing about it. You are talking about When you mention this, people are rorism, and he shouldn’t get a trial, or legal concepts you clearly don’t know incredulous. They ask: Who is the per- she shouldn’t get a trial, we have had anything about. You are fighting a son who would object to the Bill of 386 people accused of terrorism in our crime; I am fighting a war. If it were Rights? Who is it who possibly objects country, and every one of them has up to Senator PAUL, there would be no to the Fifth Amendment and the Sixth been convicted. difference between a criminal and a Amendment? The man who killed 13 people in New warrior. Radical Islam in the form of You are going to hear from that per- York City the other day, if I am on the ISIS is not trying to steal your car or son shortly because it is one person in jury, I vote to convict, but I want to break into your house; they are trying the Senate who objects to the Fifth hear the evidence first. I want to know to destroy your way of life. So if you Amendment and the Sixth Amendment that they got the right person. I want believe we are at war, as I do, we applying to those who are accused of a to know that someone saw him do it, should apply the law of war. crime in our country—captured in our that there is evidence—not just be- For 33 years, I was a military lawyer, country and accused of a crime in our cause he has brown skin we are going a prosecutor, a defense attorney, and a country. This person would deny you a to lock him up and lock him up forever military judge. I think I know the dif- lawyer. This person believes the entire without a trial. ference between fighting a crime and world is a battlefield, including the We have convicted everybody tried in fighting a war. When it comes to fight- United States, so we need to have mar- the United States. We didn’t give up on ing a war, if you capture somebody who tial law in the United States. This per- who we are. Yet the law currently is part of the enemy force, the last son discounts the whole presumption says—thanks to several individuals— thing we worry about is how to try that you are presumed to be innocent that you can be detained forever with- them. We want to hold them under the until found guilty. out a trial. law of war to gather intelligence, to Why is this a problem? Well, after 9/ President Obama signed this law, but make sure we understand what this 11, we captured 119 people, and we tor- even President Obama knew it was a person knows about any enemy oper- tured them. Our government tortured terrible law. He said: This law, this ations. them, but, in retrospect, we found out power is so terrible that I will never We had 450,000 German and Japanese that 26 out of the 119 were the wrong use it. prisoners in the United States. Guess person. But that is not what the law is about. what. Not one of them had a lawyer. If Does anybody remember a time in The law is about being so good that you had said what he just said, in our history when Black people were even when you get a rotten person in World War II, they would have run you lynched because they were presumed to office someday, they don’t have the out of town. Most Americans would be guilty? This is what this is about. power to do this. What happens if find it odd that a Japanese or German This is about people accused of a someday we elect someone who is a prisoner of war would be entitled to a crime—not declared guilty, not found bigot or someone who says that gay lawyer under the Bill of Rights because guilty, but you are willing to lock people should be guilty or someone who they are not. them up without a trial. I cannot think says that Brown people or non-Chris- We are fighting a war, and I would of anything more un-American. tians or Christians or homeschoolers— like to win the war sooner rather than

VerDate Sep 11 2014 01:15 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.016 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3740 CONGRESSIONAL RECORD — SENATE June 12, 2018 later. When it comes to killing the He is trying to turn the war into a you get rid of a trial by jury, if you get enemy, that is part of war. But if you crime. I agree with Senator PAUL—if rid of presumption of innocence. It are lucky enough, clever enough to you are charged with a crime, you doesn’t mean we have any sympathy capture one of these bad guys, the last can’t be held indefinitely and ques- for the guilty, but we have to make thing I want them to hear is ‘‘You have tioned without legal representation be- sure we get the guilty. We can’t just a right to a lawyer.’’ You don’t. Under cause you are being accused of a crime, prosecute people because they have military law, no enemy prisoner has a and you have rights as a criminal de- brown skin, because they have black right to a lawyer. You are talking fendant. When you become an enemy skin, because we don’t like the way about fighting a crime; I am talking combatant, you have rights under the they act or we don’t like their religion. about fighting a war. law of war, and there is no right for an That is what becomes of a country that There are 44 people in Gitmo who enemy prisoner to be given a lawyer. doesn’t have trials. Look around the have been held for over a decade who Mr. PAUL. Mr. President, regular world. There are countries that don’t will never see the light of day because order. have trials. That is not who we are. We they are part of the enemy force. They Mr. GRAHAM. Mr. President, I ob- cannot be so frightened of terrorism have had due process under the law of ject. I have so much more to offer, but that we are going to presume guilt and war, and they are too dangerous to let I object. have no trials. It will end up in tyr- go. They are not going to be tried in The PRESIDING OFFICER. Objec- anny. Federal court and they are not going to tion is heard. So I ask again and again—and I won’t be tried by military commission be- The Senator from Kentucky. ask it now because the Senator from cause they are too dangerous to let go. Mr. PAUL. Mr. President, I think it South Carolina has left, but I ask again And we have no interest in a trial; we is important to listen to what you and again, will this body not allow a have an interest in keeping them off heard and analyze what you heard be- vote? This isn’t even about his voting the battlefield. They will die in jail cause apparently, if you are defined as no; it is about his objecting to even the without a trial. an enemy combatant, it would be OK democratic process of the Senate al- That is what happens when you join not to have a trial and not to have a lowing a vote. al-Qaida or ISIS—you can get killed, or lawyer. You wouldn’t be presumed in- So America needs to know there is you can die in jail. So if you are an nocent; you would be presumed guilty. one opponent in the Senate who does American citizen thinking about join- But the question you have to ask is, not believe in the Bill of Rights. When ing ISIS, don’t. You are not going to be Who gets to define the enemy combat- he declares you an enemy combatant, captured because of the color of your ant? If the government gets to define you don’t get the Fifth or Sixth skin or your religion or your political you as an enemy combatant, is it not Amendments. That is what this is views; you will be captured because conceivable that you could be an about. I am happy if he wants to go you turned on your own country. enemy combatant because you are a home and defend that, but this is a In every war we have ever had, Amer- minority either of skin color or of ide- very important debate and should not ican citizens have unfortunately sided ology? Has it happened in the past? end here. with the enemy. Guess what ISIS is The Japanese citizens were a minority, Thank you. trying to do as I speak. They are trying but there was no evidence—no one pre- The PRESIDING OFFICER. The Sen- to recruit people in our own backyard. sented any evidence that they were a ator from Tennessee. How many people have bought the threat or had done anything wrong. Mr. CORKER. Mr. President, I rise to propaganda over the internet? The two The Non-Detention Act attempted to speak on the NDAA bill that is before guys in Boston—one of them had per- fix this. There were people like this us today. manent status. They bought into this back in the time of World War II. There I think most people know that we crazy construct that you have to kill are people like this in every war, peo- have been engaged in some tariff dis- everybody in the name of religion. The ple who are frightened of those who cussions with other countries through guy who ran over the folks in New would attack us, so they want to give the administration. We have a trade York—all these people have one thing up the Constitution to make it simpler act of 1974 and one of 1962 that have in common: They were radicalized by to get to guilt. You don’t have to have laid out provisions as to how we would the enemy, and they became soldiers of a trial; you just proclaim people guilty. go about dealing with tariffs. In sec- the caliphate. So here is what I am trying to say: It If you proclaim someone an enemy tion 232 there is a place which states is not my view of the Constitution that combatant, there will be no trial, but that the President of the United States I want you to look at; it is what the it begs the question: Who gets to de- can declare something a national secu- Supreme Court has said. cide? Are we going to let one person de- rity issue. When he does that, it keeps Ex Parte Quirin—a 1942 case—in- cide, or are we going to have a jury? him from having to go through the nor- volved capturing German saboteurs in Imagine how important this is to our mal process that one goes through in Long Island. The last time I checked, country. We should be alarmed that dealing with tariffs. Long Island, NY, is part of the United there are people trying to prevent a Typically, when the President choos- States. You had American citizens col- trial by jury in our country. It hasn’t es a section of the trade act, he has to laborating with the enemy. They were been used so far, thankfully. We have go through a process. When he decides captured as a group. The American actually 386 times taken terrible, that he wants to put a tariff in place on citizens were tried by military com- awful, rotten people who have tried to another country, he has to go to the mission, and one of them was executed. attack us, and we tried them in courts ITC or some other entity to show that, Why? Because under the law of war, with juries. We presumed they were in- somehow or another, the United States once you join the enemy, your Amer- nocent. We found them guilty, and we has been harmed as the reason that he ican citizenship doesn’t protect you punished them. would be putting tariffs in place. from the consequence of your act. See, the problem isn’t about how ter- What our President has chosen to do In re Quirin said: Citizenship in the rible terrorists are or terrorism is. in recent times is to declare that al- United States of an enemy belligerent Murderers are equally as bad. We had most everything that he is dealing does not relieve him from the con- somebody go in a nightclub in Orlando with relative to tariffs is a national se- sequences of belligerency which is un- and kill 125 people. He is as evil as any curity issue. When he does that, it lawful because [it is] in violation of terrorist out there. Yet he will get a means that he does not have to lay law of war. trial, not because anybody condones down grounds for having done that. He In 2009, an American citizen captured what he did, not because anybody can just determine that it is in our na- in Afghanistan was fighting for the doesn’t want to punish him, but we will tional security interests to put in place Taliban. There is no bar to this Na- give him a trial because it is part of tariffs on other countries, whether it is tion’s holding one of its own citizens as who we are. It is part of America to automobiles, whether it is steel, an enemy combatant. For those who have trials. whether it is aluminum, or whether it understand the law of war, this is one You will short-circuit America, you is some other issue. He can just wake of the timeless concepts. will short-circuit American history if up one morning, without going through

VerDate Sep 11 2014 01:15 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.018 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3741 any of those processes, and decide that, this case it is even more our responsi- saying: If you get a vote on something on national security grounds, he is bility to make sure that if we are going I disagree with, I am going to stop all going to put tariffs in place. to tariff people under this unusual sec- amendments from coming forth. In a Article I of the Constitution declares tion, we vote up or down. way, they can do that, and I can see that Congress is the determiner on tar- So I am going to call up this amend- that happening right now. iffs. Congress, per the Constitution, has ment. I appreciate the way the chair- I would ask my friend—because I am been charged with the ability—actu- man of the committee has worked with going to object; I am going to object ally, the responsibility—to deal with me. I know there has been a lot of re- not just because of the underlying bill tariffs and to deal with revenues. It is sistance to our having a vote on this but because it is an amendment that the responsibility of the Congress. amendment. I don’t know why that is changes the underlying bill. Because I have been somewhat con- the case. I have had occasion to talk to two cerned that we are using this national UNANIMOUS CONSENT REQUEST—H.R. 2372 Members of the House who will be part security issue just as an ordinary Mr. President, I ask unanimous con- of our conference committee, who course of business, I have offered an sent that the Senate proceed to the im- strenuously object, not so much to the amendment to deal with that, since mediate consideration of Calendar No. content of the amendment but to the this is a national security bill, which 301, H.R. 2372; that the text of H.R. 5515, fact that this is being put on. It will says that the President can continue to the National Defense Authorization force the House to go back in and re- deal with these other countries and he Act for Fiscal Year 2019, be offered as consider their bill, according to our can continue to try to work through an amendment, considered, and agreed friend who just advised us of that. So I trade agreements, but, at the end of to; that H.R. 2372, as amended, be con- don’t want to do anything that is going the day, if he actually decides to put sidered original text for the purpose of to either jeopardize or delay the pas- tariffs in place, he would have to come further amendment; that the text of sage of the Defense authorization bill. to Congress to get an up-or-down vote. Inhofe-McCain No. 2282, as modified, be I just got back from Afghanistan, Ku- Because we don’t want to slow the made pending as a substitute to the wait, and places all over the world administration’s ability down too text of H.R. 2372, as amended; that where our troops are, and they all much in this regard, we have actually McConnell-Toomey No. 2700 be made know that this is the week that help is put in this amendment an expedited pending to Inhofe-McCain No. 2282, as on its way. process so the President would know modified; that Reed-Warren No. 2756 be We have suffered in this Chamber for that we are not going to drag this out made pending as an amendment to the last 10 years. During the Obama ad- forever, so that when he comes to a Toomey No. 2700 and that Toomey No. ministration—I don’t say this in a neg- conclusion, we will have acted on it in 2700 be set aside; that Corker amend- ative way about him, but I will say a timely fashion. ment No. 2381, as modified with that he didn’t have a strong national I have done this for another reason; changes at the desk, be made pending defense as a top priority, and he had a that is, if we as a country begin claim- to amendment No. 2282; that Lee No. policy in which he said: We can’t do ing that every single item is a national 2366 be made pending as an amendment anything about sequestration in de- security issue, other countries will do to the language proposed to be stricken fense unless we do the same thing for the same. What they can then do is to by Inhofe-McCain No. 2282; and that the nondefense programs. avoid the processes that take place the Senate vote on the Corker amend- What does that tell you? It tells you generally in international organiza- ment at 4 p.m. today. there is no priority for defending tions to have to prove that, somehow The PRESIDING OFFICER. Is there America. That is not what our Con- or another, their country has been objection? stitution says. That should be a pri- damaged. If we use the national secu- Mr. INHOFE. Mr. President, reserv- ority. rity issue to put tariffs on automobiles, ing the right to object, we just heard a As a result, we have a lot of systems for instance, then, all of a sudden, an- very lengthy explanation of an amend- that have gone down. As General other country can do the same. ment that no one had seen until about Dunford, Chairman of the Joint Chiefs My amendment, by the way, is sup- an hour ago—at least I don’t know of of Staff, said: We are losing our com- ported by 17 Senators. It is supported anyone who has. petitive edge. We are losing it. Actu- by Senators on both sides of the aisle. I think the Senator from Tennessee ally, he said that 2 years ago, so we Taking myself out of it, these are Sen- has every right to do what he can to have lost it in some areas. ators who are very well respected, with get his amendment heard, and there Artillery is a good example. Right a wide range of ideologies. As a matter are opportunities other than the De- now, artillery is measured by two of fact, this probably is the most co- fense Authorization bill. One of the means—one by rapid fire and one by sponsored amendment that has been problems—and I have worked on these range. Both China and Russia now have put forward. Defense authorization bills for years better artillery than we have in the I have been really proud to be able to and years—decades—is that they know United States. Most people don’t be- work with Senators who care deeply it is going to pass. It has passed for 57 lieve that. They don’t know what has about the Nation. They care about us consecutive years. So a lot of people happened to our military. economically. They just want to make who want to put in things that are non- Hypersonic is the new weapon that sure that we as a Congress perform our germane and very often controversial operates at five times the speed of appropriate roles, making sure that if a want to put them on that because they sound. This is something we have been tariff is going to be put in place under know it is going to pass. working on. We are racing against our this very unusual waiver—which has Senator CORKER’s is not the only peer competitors—China and Russia— never in the history of our country amendment that is a problem amend- and they are ahead of us. They are been used as it is now being used by ment for this. There are two other non- ahead of us in the area of the nuclear this current President—then we have germane amendments, one by Senator triad. We haven’t done anything to our the ability to at least have a say in LEE and one by Senator PAUL. They nuclear program in the last 10 years, this. say: If I don’t get a vote on my amend- and they are ahead of us. It is not unlike the President going ment, then I am going to stop all other So all these things are happening. to Singapore and meeting with Kim amendments from coming up, so no- The troops know it is out there. They Jong Un. What they have told us is body gets to have an amendment. know their pay raise is in this bill. that they are going to negotiate At the same time that they are say- They know their benefits are in this through a process that, hopefully, will ing that about the Paul amendment bill. They know it is a good bill. It cause them to be denuclearized. But and the Lee amendment, we have other should pass unanimously in the U.S. when they complete that process, they Members, such as Senator GRASSLEY Senate. But if you start putting some- plan to bring that to the U.S. Senate to and Senator GRAHAM, who are both thing on it that, No. 1, doesn’t belong have us ratify a treaty. They have been saying: We are going to make sure you on it in terms of germaneness, and, No. very clear about it. So it is exactly don’t get a vote on that. So, whatever 2, is going to cause a pause that could that same kind of process, except in the case is, you have opposing parties be detrimental to our fighting troops

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I think this people on this side of the aisle intellec- about why he is doing it and not have would cause a lot of damage. The tually support this amendment. I to justify why he is doing it. They House agrees with this. I can’t let that would bet that. I would bet it is higher know that is a problem, and some of happen. For that reason, I object. than 95 percent, and a lot of them the most respected Senators we have The PRESIDING OFFICER. Objec- would vote for it if it came to a vote. on both sides of the aisle have signed tion is heard. But, no, no, no, gosh, we might poke on, but I know there is a minority of The Senator from Tennessee. the bear. That is the language I have people here who do not want us to take Mr. CORKER. Mr. President, I am been hearing in the hallways. We might up issues of debate and responsibility going to make a few comments here. poke the bear. The President might get in the U.S. Senate. I thank Senator INHOFE through the upset with us, as U.S. Senators, if we I know that no matter what I do, this Presiding Officer for working with me. vote on the Corker amendment, so we is going to be objected to. I am not I realize there is a lot happening here, are going to do everything we can to going to object to RAND PAUL having and I know he is conducting to the best block it. an amendment, MIKE LEE having an of his ability the progression of this If people don’t like it, they can vote amendment, TOOMEY having an amend- bill. I will just leave it at that. up or down. But, no, the U.S. Senate ment, or people on the other side of the Mr. President, I was asked to find a right now, on June 12, is becoming a aisle. solution to this blue-slip issue, and I body that says: Well, we will do what I am disappointed at where we are in found one that is used as customarily we can do, but, my gosh, if the Presi- the U.S. Senate today. We have had as waking up in the morning and dent gets upset with us, then we might one amendment vote in a year and a drinking a cup of coffee. It happens all not be in the majority. So let’s not do half because this same cycle occurs the time. This in no way has any effect anything that might upset the Presi- every time someone wants to bring on our ability to pass the NDAA in a dent. something up. I in no way take this out timely fashion, but I am in no way Look, I am in no way upset with my on my friend from Oklahoma. I realize countering the person who just spoke. I friend from Oklahoma. I am not. I un- he is doing a job; I realize he has been am not, and he knows I am not. derstand he is doing his job, and he is asked to block this. I am going to speak to a larger issue, actually filling in, in a wonderful way, With that, I yield the floor. but before I do, I want to point out for Senator MCCAIN, who happens to be The PRESIDING OFFICER. The Sen- that the NDAA usually passes each ill at home—someone we all love. ator from South Dakota. year in November or December. It usu- Look, I know there is not going to be Mr. ROUNDS. Mr. President, I have ally doesn’t pass in June. So even if a vote on this amendment. I know it. I been listening to the debate, and I wish there were something that needed to be am not about to hold up somebody this debate would go on, on a regular worked out, we would be way ahead of else’s amendment from being voted on. basis, in the U.S. Senate. I think it is schedule in dealing with this as we are I know every ounce of power possible is healthy. I wish there were a process in between now and August. going to be used to keep from voting on place today so that every single But if I could, the germaneness of this amendment because, well, my amendment brought up could have this these bills has nothing whatsoever to gosh, the President might not like it; type of discussion and debate and those do with our ability to offer amend- therefore, we as Senators might be of- proposals could actually be amended on ments—nothing. That is something fending someone, by the way, just by the floor of the Senate to improve that happens postcloture. voting on an amendment—voting on an them. For the last year and a half, under amendment, up or down, and deciding I will share with you that I thought Leader MCCONNELL, we have had one whether we, in fact, want to assert what our friend from Tennessee was amendment vote—one amendment some responsibility over a process of trying to do was an honest attempt to vote—and that amendment wasn’t even tariffing, where we wake up, ready, bring back to Congress section 1 or ar- really an amendment. It was a chair- fire, aim. Well, let’s change this. ticle I responsibilities that we have, man who was controlling his own bill Ready, fire, aim—that is the process over a period of years, allowed to be and asking if he could substitute his that is under way on these tariffs. delegated to the executive branch. own amendment. So it really wasn’t I haven’t heard of a single Senator on I also shared with the Senator that even a real amendment vote. our side who hasn’t expressed concern while the debate was a very healthy We have been here a year and a half, to the President directly about what is one, I felt at this stage of the game and because Senators—U.S. Senators happening with tariffs. Our farm folks that it probably would not, in its cur- who are elected by the people in their are worried about NAFTA. Our auto rent form, be appropriate and that the States—don’t want to cast a tough manufacturers are worried about Can- President was already acting on these vote, they block everybody from vot- ada and Mexico and what is happening tariffs. I thought that I probably could ing. I have no idea why RAND PAUL can- in Europe. Our steel and aluminum not support his bill, but I thought he not get a vote on his amendment. It is folks are concerned. I haven’t heard of should have an opportunity in this ridiculous. He has been trying to get a a person who hasn’t had some degree of process to have the debate. vote on it for years—years—and we concern. All my amendment would do Let me now share that what the have blocked it. Why is that? is say: Look, Mr. President, you go ne- chairman—or the ranking member, For the record, I want to say that I gotiate, but when you are finished, who is acting as the chairman in this have held amendments this morning come back, and as Senators and as particular case—is doing is protecting until we could work out the solution. I House Members, let us vote up or down. the National Defense Authorization am not holding any amendments— I understand what is happening. If I Act and making it as viable as possible none, zero. I am holding no one’s came up with another solution, there in the long term to survive in both the amendment. But we, as Senators, are would be some objection, and my friend House and the Senate. worried somehow that, gosh al- knows that. There is going to be an ob- For those who are wondering what we mighty—I heard the senior Senator jection. Hell, if we named this—no are talking about in a nebulous sort of from Texas saying the other day: Gosh, matter what, there is going to be an way, what Senator CORKER had tried to we might upset the President. We objection to this vote because people do was to have a debate about whether might upset the President of the are concerned on this side of the aisle— the tariffs that the President had pro- United States before the midterms. some people, not everybody. We have posed for national defense purposes Gosh, we can’t vote on the Corker some great cosponsors who want to as- under a 1962 law were appropriately de- amendment because we are taking— sume our responsibilities. We have a termined to be a national security

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One is that I have He wanted to privatize air traffic con- were actually of national security im- a disagreement because he mentioned trol. I almost singlehandedly stopped portance. Senator CORKER wanted to that this bill—the most important bill that, and that was one of his main ob- have that discussion, and I agreed he of the year—is very often not consid- jectives. Also, he wanted to have a should be able to have that discussion. ered until November or December. The BRAC round in this bill that is on the However, I had shared with him that I absolute deadline is the end of Decem- floor now, and we stopped that. Many thought it needed to be in different ber. I can remember getting within 2 or of the provisions that he wanted we order and that he was making it too 3 days of that deadline in the past, and, have taken out of the bill. tough for the executive branch to suc- if that happened, then our flyers With that, I yield the floor. ceed with the numbers he had pro- wouldn’t get flight pay or there would The PRESIDING OFFICER (Mr. posed. He wanted a 60-vote margin for no longer be any hazard pay. There PORTMAN). The Senator from Min- the Senate to proceed. That is the way, were a lot of things we would have to nesota. give up that we couldn’t afford to give though, he was going to introduce it. STOP ACT I was prepared to vote on it and, up. Ms. KLOBUCHAR. Mr. President, I hopefully, win in an honest debate on We made a commitment—and it am here to talk about net neutrality. the floor of the U.S. Senate with those wasn’t just me by myself; it was with First, though, I wish to commend the the Senator from Rhode Island, who is arguments, but in doing so, I also Presiding Officer for the agreement we handling the bill on the Democratic learned, as the chairman has shared, have made on the STOP Act. He is the side—that we wanted to have amend- that the House had sent over a bill to lead sponsor, and I am the lead Demo- ments. We preferred not to have non- us. We were on the House bill. In order crat on the bill that will really get at germane amendments, and that would to get, in this particular case, a vote these drugs, like fentanyl, that can kill be my goal, if I am around here next on this particular topic, the Senator someone with just a grain-of-salt year when we do this, to lay ground- from Tennessee, in a very innovative amount of it, which have been coming work so that we don’t have non- way and one that normally would be in from China and other places through germane amendments. As I said, this is our own Postal Service, which is out- used earlier in the process where every- a bill that will pass. Normally, for one had the opportunity to recognize things that don’t pass any other way, if rageous for Americans. We have val- it, would have to change the under- they can get them on as amendments, iantly worked on this bill, and the Sen- lying bill. In changing the underlying they can get them passed. ator has worked out an agreement with bill, it would have to go back to the We have the same situation hap- Senator HATCH and Senator WYDEN on House, and they would have to revote pening right now, not just with Sen- the Finance Committee. I want to com- on the bill once again. Doing so puts ator CORKER but also with Senator mend him for that. We are excited the this very important bill in jeopardy. As RAND PAUL and the Senator from Utah. bill is moving forward. a Member who has been here only for 3 That wasn’t going to work either way. Mr. President, I also want to mention years, I understand that is not always The problem I had with Senator another completely separate issue as the easiest thing do. CORKER’s change was it was a very long we debate the NDAA, which is the issue I wish to thank our Chairman for change that changed the underlying of the Secure Elections Act that Sen- making what is a very hard decision bill, and, as was pointed out by the ator LANKFORD and I have put on as an and stepping up to protect the National Senator from South Dakota, that amendment to this bill. Defense Authorization Act because of would mean we would have to go back Let me remind my colleagues that we everything else that is in it, while at over to the House. I don’t feel com- are approaching a different kind of the same time I will commit the same fortable doing that when we have all of warfare; that is, cyber warfare. It is as the chairman has committed, in this those kids out there who are looking at certainly what we saw during the last particular case, to Senator CORKER pay raises and wondering what is really election, but we have seen it in the that his item of discussion, which is happening in Washington. Is there real- area of business—in attacks on some of the appropriate use of tariffs for na- ly not the support we anticipated that our major businesses in our own coun- tional defense purposes, is a healthy they all had? try—and, of course, we have seen it in debate to have, and it should be had in I am sincere when I say this; he isn’t elections, as well, with Russia attempt- such a fashion that amendments could here now, but I said it when he was ing to hack into the election systems be offered on the floor of the Senate, here. If Senator CORKER wants to get of 21 States. and a very straightforward debate this done, and I know he does, I will What this bill does is make it easier could then determine the fate of that help him. We have a lot of time to find for local elected officials to get the in- legislation on its own and not in con- another bill that might be more ger- formation in realtime when hacks that nection with the NDAA. mane, but it would not be on this bill they may not know about are going on For that purpose, I simply wish to that we really can’t afford to jeop- in other States and to have the classi- say that what I think the American ardize. I feel strongly about that. We fied information they need by getting people have seen here today is, No. 1, were attempting to help him get a vote the security clearance they need to our commitment to making certain initially, and then, when he changed protect their own election system. We that the National Defense Authoriza- the underlying bill, that meant we have worked with the secretaries of tion Act moves forward because it is would have to go back to everyone. He state all over the country on this. Sen- critical every single year that we im- mentioned his coauthors, and we don’t ator BURR, Senator WARNER, the heads prove our ability to defend our coun- know how many of those coauthors of the Intelligence Committee, support try, while at the same time making a would still be supporting his amend- this bill. very hard decision, which the chairman ment if they knew it was changing the I also thank Senator LINDSEY GRA- did today, to suggest that even though underlying bill. HAM and Senator KAMALA HARRIS, who we all want to have a debate on this Those are the problems we have here, worked with us on the bill, and we are particular issue, unfortunately, this and I think we want to get on with, as asking to get it on as an amendment to bill is not the place to do it. rapidly as possible, getting these the Defense Act with the simple idea I yield the floor. amendments opened up so that people that warfare isn’t the same as it was 50 The PRESIDING OFFICER. The Sen- can vote on the amendments and hope- years ago or 20 years ago or 10 years ator from Oklahoma. fully get the bill done this week. I ago or even 5 years ago. Things are Mr. INHOFE. Mr. President, first of don’t know if it will be this week or changing, and our laws need to be as all, I appreciate the comments by the not. sophisticated, the protection of our

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I the Intelligence Committee has held preneurs may be forced to pay to have think every one of my colleagues in numerous hearings about election secu- an equal footing so as to be able to this Chamber agrees that this is a pri- rity, as has Homeland Security, as has compete online, rather than to focus on ority, no matter where you are from Judiciary. growing their businesses. and no matter your background. Some NET NEUTRALITY When you talk to small companies— of my newer colleagues may be less fa- Mr. President, today, I am here in op- to some of the startups we have seen miliar with this issue. So I am going to position to the Federal Communica- out there, some of the companies that tell them what I am talking about. tions Commission’s action on Monday young people have started—and you We all deeply revere our servicemem- to repeal net neutrality protections. ask them: How do you break into the bers, which means it is not easy to talk Net neutrality is the bedrock of a fast, market when you have a big guy out about problems within an institution fair, open, global internet. It holds there who has millions and millions that we treasure so greatly in this internet service providers accountable and billions and billions of dollars and country. The fact is that the military for providing the internet access con- a multinational presence if you are has a problem with sexual assault. It is sumers expect while protecting innova- trying to sell baby clothes or if you are pervasive, it is destroying lives, and it tion and competition. trying to have a new digital service, has been going on for years. These protections have worked and they tell you: It is online. They break Listen to these most disturbing num- are part of the reason the internet has in because they can compete by getting bers. become one of the great American suc- customers online. Guess what. If they Since we first introduced this bill 5 cess stories, transforming not only how start having to pay huge amounts of years ago, the number of cases that we communicate with friends and fam- money to get that access online in commanders have moved forward has ily but also the way companies do busi- order to compete with the big compa- decreased despite an increased number ness, how consumers buy goods, and nies that, of course, can already pay of reports. In fiscal year 2013, 484 cases how we educate our kids. for that and can already afford that, proceeded to trial, and in fiscal year Earlier this year, the FCC approved you are going to have a problem, and 2017, only 406 cases proceeded to trial. Chairman Pai’s plan to eliminate net you are going to defeat the very idea of It is estimated that there were close to neutrality rules. Yesterday, the final entrepreneurship. 15,000 cases of military sexual assault rollback of net neutrality went Small businesses that are unable to in 2016. That doesn’t even include through. The FCC has now given major pay for access to faster internet service spouses and civilians in that estimate. internet service providers the ability may soon find themselves struggling to It is just an estimate of servicemem- to significantly change consumers’ ex- compete from the slow lane. Repealing bers. In a survey of Afghanistan and periences online. Big internet service net neutrality will hurt the very people Iraq veterans—and supported by the providers now have the ability to who are creating jobs and keeping our Department of Defense’s own data—7 block, slow, and prioritize web traffic economy competitive. That is why I out of 10 military sexual assault sur- for their own financial gain. This joined my colleagues to force a vote vivors said they had experienced retal- means they can sort online traffic into last month on Senator MARKEY’s bill to iation or other negative behaviors be- fast or slow lanes and charge con- repeal Chairman Pai’s plan and rein- cause they had reported the crimes, sumers extra for high-speed internet. state net neutrality rules. This bill re- and 14 percent of survivors declined Internet service providers can even ceived bipartisan support and was even to participate in the justice proc- block content they don’t want their passed by the Senate—in this very ess after their reporting. That is how subscribers to access. The only protec- room. Now it is up to the House to do little confidence they have in this cur- tions that are maintained are require- the same. rent system. ments for service providers to disclose The internet should remain free and This is after years of our committee’s their internet traffic policies. A lot of open for all who use it. So the fight to working with the Defense Department good that will do if, in like the State of save net neutrality is far from over. to fix this problem. I think we have Minnesota, you have significant rural I have joined Senate Democrats in passed every small-ball, incremental areas where there is no real oppor- urging Speaker RYAN to immediately reform anybody has been willing to tunity to comparison shop or find a schedule a vote on the bill to save net agree on, and it hasn’t made a dif- new provider. If you only have one pro- neutrality protections. They can do ference. This is even after every Sec- vider to go to, it has a virtual monop- this. To keep the pressure on, it will retary of Defense since Dick Cheney oly over your internet service. take all of us, working together—pri- was Secretary of Defense has said there According to the FCC, more than 24 vate sector partners, business, small will be zero tolerance for sexual assault million Americans still lack high-speed business, nonprofit advocates—to tell in the military. Almost nothing has broadband. We should be focusing our our government officials at the local, changed. Listen to these stories. efforts on helping these households get State, and Federal levels to take that In one case, a woman was raped by a connected, not eliminating net neu- good vote in the Senate as a sign that servicemember. She went to the hos- trality and worsening the digital di- it is time to change the policy. The pital. She told a friend. An investiga- vide. You can always pay for high- way you do that, of course, is with a tion then started. During the inves- speed access. You can pay for it no vote over in the House of Representa- tigation, two more victims came for- matter where you live. You can run tives. At least allow a vote. ward to tell their stories. They said lines to your house if you are in a re- The fight to protect net neutrality is they had been raped by the very same mote area—lines that will cost mil- far from over, and we need to make our servicemember. The military inves- lions of dollars. But that is not what voices heard for all of the American tigative team—the military police— they have done in other developed consumers, entrepreneurs, and recommended that the case proceed to countries. No, they have seen it as a innovators who rely on a free and open a court-martial, but because of the way virtue, as part of a democracy, that ev- internet. our military justice system works eryone should have access to the inter- I yield the floor. today, a military commander was in net and that it is part of what makes The PRESIDING OFFICER. The Sen- charge of the case, not a trained mili- an economy work. You don’t leave peo- ator from New York. tary prosecutor. That commander ple behind if they don’t have the Mrs. GILLIBRAND. Mr. President, I chose just to discharge the perpe- money by themselves to afford to run rise to urge my colleagues to join me trator—to send him right into the ci- lines all the way to their homes. in voting for a bipartisan amendment, vilian world with no trial, with no This isn’t only about individual No. 2294, the Military Justice Improve- court-martial, with no record. Not only internet users. It will limit competi- ment Act. It will fix our broken mili- were those servicemembers who were tion, and it will hurt small business en- tary justice system. violently assaulted denied justice, but

VerDate Sep 11 2014 01:15 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.024 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3745 a serial predator was also released into bipartisan as it gets. It is supported by spoken on this in committee, and I the general public. That is not right. conservative Republicans and liberal think most of us agree that there are Listen to another case of a former Democrats alike and plenty in be- problems out there that need to be ad- marine who was working as an Air tween. It has the support of some of dressed. Force civilian. She was from a military the biggest veterans’ organizations, In 2014, a congressionally mandated, family with Army and Navy veterans. women’s organizations, and legal orga- independent panel of experts deter- She was proud to serve and loved to nizations. There is good reason for this mined that there is no evidence that support the camaraderie, but she was in that the bipartisan bill we have put removing the authority to convene abused by her own immediate com- together would ensure that the sur- courts martial from commanders would mander, who had direct power over her vivors of these heinous crimes and the reduce the incidence of sexual assault, in the chain of command. She tried to alleged perpetrators of these crimes increase reporting of sexual assaults, seek justice, but, once again, a mili- will all be afforded due process—the or improve the quality of investiga- tary commander was in charge of the due process they are entitled to under tions and prosecutions in sexual as- case, not a trained military prosecutor the U.S. Constitution. sault cases in the Armed Forces. who understands these kinds of cases The bill in no way exceeds a com- The Department of Defense opposes and understands criminal justice. De- mander’s ability to take action for this amendment on the grounds that spite overwhelming evidence, including military-specific crimes, like when a doing so will endanger military readi- text messages, physical evidence, and soldier goes AWOL. What it would do is ness and combat effectiveness without eyewitnesses, the perpetrator was al- to take the prosecutions of sexual as- promoting the goal of eliminating sex- lowed to retire without bearing any fi- sault and other serious crimes—serious ual assault. nancial penalty, without there being violent felonies—out of the chain of I don’t know what the intentions of the Senator from New York are on this any charges, and with a full military command and put them in the hands of amendment, but in all fairness, I have pension. trained military prosecutors, who actu- to state that I will be opposing it. We My office hears all the time from ally understand how to deal with seri- did consider this in committee, and I women and men who have been raped ous crimes. This would allow our sur- have never seen a stronger advocate for in the military, who have been abused, vivors—men and women who sacrifice a cause or an amendment than the Sen- who have been stalked, who have been everything for this country—to have ator from New York. For some of us retaliated against. It is an epidemic, the basic right to civil liberty and jus- who have been in military service—I do and it is not improving. tice. have a problem with taking away the Listen to the most recent headline This bill would also professionalize authority that has always historically from USA Today: ‘‘Marine Corps gen- the military. It would make sure that been with the commander and feel that eral fired for calling sexual harassment all people, every servicemember—men, would not be to the benefit of the over- claims ‘fake news.’ ’’ women, Black, White, gay, straight— all system. The Navy Times reads: ‘‘Officer ac- will not be subjected to biased judg- Two years ago, Congress passed ex- cused of patronizing prostitutes ments and will actually have the ben- tensive military justice reform, which worked in the sex assault prevention efit of having trained prosecutors look will come into effect next year. I think office while awaiting court-martial.’’ at the evidence. Sadly, according to a that is correct. Rather than imposing The Stars and Stripes reads: ‘‘Fort report that came out recently, in all additional reforms, I think we ought to Benning drill sergeants suspended amid four of the services—Army, Navy, Air allow the DOD to work on imple- sexual assault allegations.’’ Force, Marines—Black servicemembers menting the previous legislation to see USA Today reads: ‘‘Bad Santa: are more likely to be court-martialed if that resolves some of the problems Navy’s top admiral kept spokesman than are White servicemembers. This is that are articulated very effectively by after boozy party, sexual predator unacceptable. the Senator from New York. warning.’’ This bill would help to alleviate some I yield the floor. Another from the same paper reads: of the unfairness in the current system The PRESIDING OFFICER. The Sen- ‘‘Senior military officials sanctioned by having trained prosecutors make ator from South Dakota. for more than 500 cases of serious mis- those judgments based solely on evi- TAX REFORM conduct.’’ dence. Our commanders have a tough Mr. THUNE. Mr. President, when we The AP reads: ‘‘Pentagon misled law- enough job in defending our country. took up tax reform, we had one goal, makers on military sexual assault So we should let these trained prosecu- and that was to make life better for cases.’’ tors do their jobs and make the right hard-working Americans. That in- These are just the recent headlines. decisions based on the evidence alone. volved a couple of things. For starters, There is a pattern here. We can only make this change if we it involved putting more money in Our military justice system is bro- pass this amendment. Americans’ pockets right away by cut- ken, and the Pentagon is not being I urge all of my colleagues to look at ting their taxes, and Americans are al- forthright about this problem. Yet this bill—to look at it anew—and to ready seeing the tax relief we passed in Congress is still hesitating. Congress is look at the fact that we have not im- their paychecks. still refusing to put trained military proved our rate of cases that actually But we knew that tax cuts, as helpful prosecutors in charge of these cases. go to court-martial and our rate of as they are, were not enough. We want- This has to end. Congress has to step convictions, even though more are re- ed to make sure we created the kind of in. It has to do its job. Our job is to ported. It is a huge problem. I promise economy that would give American provide oversight and accountability you. Every year, we have this excuse: workers access to the jobs, wages, and over the administration and over the Let the reforms take more time to opportunities that would set them up Department of Defense on this very work. OK, well, it has been 5 years, and for security and prosperity in the long issue. We have the responsibility to en- this has had a spotlight on it. If the term. Since jobs and opportunities are sure that military justice is possible commanders cannot put more cases created by businesses, that meant re- for survivors in the military. It forward for court-martial and if the forming our Tax Code to improve the shouldn’t matter if the perpetrator has cases can’t result in more convictions, playing field for businesses so that skills that the commander needs. It we are not doing it right. We are fail- they could improve the playing field shouldn’t matter if he happens to be ing the men and women who will die for workers, and that is what we did. buddies with the commander. What for this country. I am proud to report that it is work- should matter is whether there is evi- I yield the floor. ing. Since tax reform was passed, busi- dence that a serious crime has been The PRESIDING OFFICER. The Sen- ness after business has announced good committed. That should be the deter- ator from Oklahoma. news for workers: pay increases, bo- mining factor of whether these cases go Mr. INHOFE. Mr. President, first of nuses, and better benefits, including in- forward to trial. all, let me state how much I appreciate creased retirement benefits, new and We need to pass the Military Justice the passion the Senator from New York better education benefits, and en- Improvement Act. This legislation is as has on this issue. She has been so out- hanced parental leave benefits.

VerDate Sep 11 2014 01:15 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.026 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3746 CONGRESSIONAL RECORD — SENATE June 12, 2018 A recent survey from the National There is no better way to secure this bill. I look forward to working Association of Manufacturers reported peace than to make sure the U.S. mili- with my colleagues to pass this legisla- that 77 percent of manufacturers plan tary is the strongest, best equipped, tion this week and ultimately get this to increase hiring as a result of tax re- most capable fighting force in the bill to the President so that the impor- form, 72 percent intend to increase world. If we want to protect our Nation tant work of defending this country wages or benefits, and 86 percent report and promote peace around the world, it can continue. that they plan to increase investments, is imperative that we rebuild our mili- I yield the floor, and I suggest the ab- which means new jobs and opportuni- tary. sence of a quorum. ties for workers. Meanwhile, a recent Since President Trump’s election, The PRESIDING OFFICER (Mr. survey from the National Federation of Republicans have been working to re- FLAKE). The clerk will call the roll. Independent Business reports that 75 verse the underfunding of our military The bill clerk proceeded to call the percent of small business owners think and to restore our Nation’s fighting roll. Mr. GRASSLEY. Mr. President, I ask that the Tax Cuts and Jobs Act will force. In March of this year, we arrived unanimous consent that the order for have a positive effect on their busi- at a budget agreement that contained the quorum call be rescinded. nesses. the largest year-to-year increase in de- A number of small businesses are in- Mr. DURBIN. I object. fense spending in 15 years. The PRESIDING OFFICER. Objec- creasing wages, and that has recently The fiscal year 2019 National Defense hit a record 35 percent. In April, for the tion is heard. Authorization Act, which we are con- Mr. GRASSLEY. Mr. President, I ask first time since the Bureau of Labor sidering this week, is the next step in Statistics began tracking the data, the unanimous consent that the order for rebuilding our military. This bill in- the quorum call be rescinded. number of job openings outnumbered vests in research and modernization to The PRESIDING OFFICER. Without the number of job seekers. For the first ensure that our men and women in uni- objection, it is so ordered. time since they started keeping track, form will be equipped to meet 21st-cen- 2008 IOWA FLOODS the number of job openings is greater tury threats, including those posed by Mr. GRASSLEY. Mr. President, a than the number of people who are ac- major powers. It reforms the outdated very disastrous thing happened 10 tually seeking employment. Mean- Officer Personnel Management System years ago in Iowa. The whims of Moth- while, in May, unemployment dropped to improve career flexibility and merit- er Nature tested the State of Iowa 10 to its lowest level in 18 years, and wage based advancement. It makes reforms summers ago when deadly tornadoes, growth increased at the fastest pace to the civilian leadership structure at storms, and floods caused more than since July of 2009. the Department of Defense to make it $10 billion in damage to communities, In other words, it is a good day for more agile, especially for hiring tech- homes, and businesses. It caused a lot American workers. There is nothing nical talent. It implements measures of distress. better than seeing opportunities im- to deter additional aggression from National disasters test the mettle of prove for hard-working Americans. I humanity by every measure. Iowans am proud of the benefits the Tax Cuts Russia and China—two of the biggest threats to the security and stability of were tested in 2008. Unfortunately, and Jobs Act is delivering for Amer- parts of Iowa, like Mason City, are ex- ican workers. I look forward to seeing the world in the 21st century. It pro- vides a 2.6-percent pay increase for our periencing flooding once again, almost this law produce even more benefits for 10 years to the day. workers in the future. men and women in uniform—the larg- est pay increase for our servicemem- Ten years ago, 88 of our 99 counties Mr. President, if there is one thing were declared a natural disaster. Epic that we tend to automatically rely on, bers in nearly 10 years. I have offered a number of amend- floods and EF5 tornadoes ripped holes it is the strength of our military. We through the center of many neighbor- are accustomed to having the best ments to further the bill’s mission, in- cluding one to expedite the backlog of hoods. Thanks to civic leadership and fighting force in the world and assum- thanks to bootstrap mentality, tireless ing we can meet every threat. But mili- foreign military sales. This will sup- port the administration’s efforts to volunteers and members of the Na- tary strength doesn’t just spring up tional Guard answered the call to sur- automatically; it has to be developed, balance trade deficits, support domes- tic industry, and permit America’s se- vive and thrive from the crisis. The ral- and once developed, it has to be main- lying cry to rebuild and recover has curity partners to make greater invest- tained. But in recent years, we haven’t driven a decades-long drive to restore met this responsibility. ments in their own capabilities. I am also working on an amendment and revitalize these Iowa communities While we have the very finest sol- hurt 10 years ago by these massive nat- to allow the Air Force to incorporate diers in the world, they don’t always ural disasters. have the tools they need to defend our the B–21 bomber when determining cri- It was a tough row to hoe. Orches- Nation. Budgetary impasses paired teria for training airspace require- trating the massive cleanup is one with increased operational demands ments. This will build off a report I se- thing; paying for it is another. Con- have left our Armed Forces with man- cured in last year’s Defense Authoriza- gress, as we often do for natural disas- power deficits and delayed the acquisi- tion Act on how to optimize training ters, approved nearly $800 million in tion of 21st-century weapons and equip- airspaces. My amendment will enable Federal block grants within the first ment. Meanwhile, other major powers the Air Force to formally incorporate year to help homeowners with restora- hostile to the United States have been this future aircraft into its planning. tion and buyout efforts. However, the building up their militaries. As a re- I know the bill managers have a host wheels of the Federal bureaucracy too sult, our military advantage has been of amendments before them, and I am often are painstakingly restrictive to steadily eroding. hopeful that the Senate can come to an navigate. From Housing and Urban De- In a 1793 address to Congress, Presi- agreement and include many of those. velopment to FEMA and the Army dent Washington said: If we want our Nation to be secure, if Corps of Engineers, local residents got There is a rank due to the United States we want to promote peace and stability a firsthand taste of the Federal alpha- among nations which will be withheld, if not around the world, then we need to en- bet soup. absolutely lost, by the reputation of weak- sure that our military is the strongest, When community leaders, businesses, ness. If we desire to avoid insult, we must be best equipped fighting force in the and homeowners got mired in bureau- able to repel it. If we desire to secure peace, world. This year’s National Defense cratic molasses, I worked with our en- one of the most powerful instruments of our Authorization Act will help our mili- rising prosperity, it must be known that we tire congressional delegation to take are at all times ready for war. tary regain its competitive edge and care of these immediate needs and to Ronald Reagan put it a little dif- equip our men and women in uniform help develop long-term planning for ferently. He said: with the tools they need to meet and the flood plain, such as levee improve- defeat the threats of the 21st century. Well, to those who think strength provokes ments and flood protection systems to conflict, Will Rogers had his own answer. He I am grateful to Senator INHOFE for avert future catastrophes. said of the world heavyweight champion of his leadership and to Senator MCCAIN, In addition to directing Federal dis- his day, ‘‘I’ve never seen anyone insult Jack who can’t be with us today but whose aster assistance to recovery and re- Dempsey.’’ tireless work is reflected throughout building efforts, I wrote the Heartland

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I am thankful that study found that 4 percent of the most ers also received a much needed break again this year we have a great bipar- profitable farmers in America ac- similar to what we provided at Katrina tisan bill, and I am hopeful my bipar- counted for 33 percent of all the Fed- time. tisan amendment can be made pending eral premium support. Moving forward after a natural dis- today. My legislation that I am asking to be aster isn’t easy. Volunteers affirmed Amendment No. 2400 is the Presi- added to the Senator’s amendment Iowa’s treasured heritage of neighbor dential Allowance Modernization Act, would reduce premium support for pro- helping neighbor, rescuing residents and it has cleared committee by voice ducers with an AGI, adjusted gross in- and pets from flood-ravaged neighbor- vote and cleared my colleagues on the come, higher than $750,000 a year, and hoods. Republican side on the hotline. How- it will only reduce it by 15 percent. Voters across the State voted on ever, my minority counterparts have So I ask the Senator to modify her measures to help their communities re- had months to look at this bill now in request so the text of her amendment build, and the State legislature passed amendment form, and it still remains be modified with the changes at the laws to help areas mitigate against fu- blocked. This bill passed the House desk. ture disasters. City planners developed with unanimous support and has been The PRESIDING OFFICER. Will the a strategy to revitalize their cities and included in the House NDAA bill. Senator so modify her request? towns. This amendment would establish a Mrs. ERNST. Mr. President, reserv- Recovery efforts stumbled along the cap on former Presidents’ monetary al- ing the right to object, I do think that way, to be sure. It takes time to see lowances, which are currently unlim- is a timely request. Thankfully, the sunshine and rainbows after one of the ited and fund resources like office farm bill is being marked up tomorrow State’s worst disasters in history. Col- space, staff salaries, cell phone bills, in the Agriculture Committee, and I do laborating and finding consensus isn’t and more. think that is the appropriate venue to easy. In fact, governing isn’t easy. Under this amendment, former Presi- discuss the caps on subsidies for crop Despite the incalculable loss of per- dents would receive a $200,000 annual insurance. I would agree that is prob- sonal belongings, blended with the pension and an allowance capped at ably a wise thing to take a look at. physical, emotional, and financial toll $500,000—a total of $700,000 in annual However, what we are dealing with of starting over, the people of Iowa benefits. It would then reduce the al- right now is the fact that we do have didn’t quit, and we are more resilient lowance dollar for dollar by each dollar former Presidents who are receiving and better prepared now than we were of income a former President earns in substantial perks from our American before these disasters. However, work excess of $400,000. taxpayers. So I am disappointed that remains to be done. The national debt is over $20 trillion. my colleagues across the aisle continue Working alongside civic and State We cannot afford to generously sub- to block this bipartisan amendment de- leaders for the last decade, we have sidize the perks of former Presidents to signed to save millions of dollars. identified specific needs and places the tune of millions of dollars. Do my colleagues across the aisle where redtape gets in the way to im- With that, Mr. President, I would think former Presidents should con- prove flood protection in local commu- like to make my amendment pending. I tinue to receive unlimited, taxpayer- nities. That is why I have worked with ask unanimous consent that it be in funded allowances as they make mil- my sleeves rolled up alongside former order to call up amendment No. 2400 to lions and millions of dollars per year Senator Tom Harkin and now Senator amendment No. 2282. from book deals and speaking engage- JONI ERNST and the rest of the Iowa The PRESIDING OFFICER. Is there ments? It is not uncommon for a delegation to ensure local infrastruc- objection? former President to command $400,000 ture needs get up to snuff, including Mr. DURBIN. Mr. President, reserv- per hour-long speech. The average flood risk projects on the Cedar River ing the right to object. household income in Iowa is about and elsewhere. The PRESIDING OFFICER. The as- $55,000. That means that in about 81⁄2 Recently, the Committee on the En- sistant Democratic whip. minutes, that former President is mak- vironment and Public Works approved Mr. DURBIN. Mr. President, this is ing what an Iowa family makes in a a bill that, once again, highlights the the first I am aware of this amend- year. importance of the Cedar River flood ment. It was given to me this after- I wish my colleagues across the aisle protection project and includes a sec- noon to take a look at. I don’t have would reconsider. ondary budgetary process that could any history with it. I formally object to the modification. lead to construction funds for this It is interesting and coincidental The PRESIDING OFFICER. Objec- project and other Iowa priorities in the that today is the 94th birthday of tion is heard. future, cuts redtape, and also improves President George Herbert Walker Bush, Is there objection to the original re- public input, transparency, and ac- the first President of the United States quest? countability. to ever live to the age of 94, a World Mr. DURBIN. I object. The people of Iowa have earned a War II decorated veteran, a man who The PRESIDING OFFICER. Objec- well-deserved salute to civic participa- served this country in so many dif- tion is heard. tion. It is a good day to share pride ferent ways. Mrs. ERNST. Mr. President, I suggest with your fellow citizens. Thanks to This effort to eliminate the ex- the absence of a quorum. our people’s resilience and hard work, penses—an amount that is paid to him The PRESIDING OFFICER. The even better days are yet to come. as a former President—I had not seen clerk will call the roll. I yield the floor. before today. I am told this amend- The senior assistant legislative clerk I suggest the absence of a quorum. ment would save the Treasury $4.3 mil- proceeded to call the roll. The PRESIDING OFFICER. The lion a year. So I would like to suggest Ms. SMITH. Mr. President, I ask clerk will call the roll. to the Senator from Iowa—I am going unanimous consent that the order for The senior assistant legislative clerk to make an official request in this re- the quorum call be rescinded. proceeded to call the roll. gard. We can do much better than $4.3 The PRESIDING OFFICER. Without Mrs. ERNST. Mr. President, I ask million a year in deficit reduction. objection, it is so ordered. unanimous consent that the order for I am going to ask the Senator from Ms. SMITH. Mr. President, I ask the quorum call be rescinded. Iowa if she will modify her request to unanimous consent to speak as in The PRESIDING OFFICER (Mr. shave $404 million over 10 years by en- morning business. JOHNSON). Without objection, it is so suring that millionaires across the The PRESIDING OFFICER. Without ordered. United States—in Illinois and in Iowa— objection, it is so ordered.

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CAMPAIGN FINANCE REFORM with weak enforcement authority. The (c) AUTHORIZATION BY CONGRESS.—Section Ms. SMITH. Mr. President, last week FEC should be replaced with a new 4209(a)(1) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)) is amended— I gave my first floor speech. I spoke campaign finance agency that has a strong mandate to enforce the law, (1) by striking ‘‘the Secretary shall’’ and about how important it is for women to inserting the following: ‘‘the Secretary— be represented in our government and with new rules to ensure that one po- ‘‘(A) shall’’; and why it is so important to keep working litical party can’t shut down the agen- (2) by striking the period at the end and in- so that our legislature reflects the cy simply for political gain. serting ‘‘; and’’; and views and experiences of all Americans. I also believe that we should enact a ‘‘(B) may carry out such activities only if While increasing the number of small donor matching funds program. amounts are authorized to be appropriated women in this Chamber is important, Many Americans who aren’t wealthy for such activities by an Act of Congress con- it won’t be enough by itself. Elections want to support a candidate they be- sistent with section 660 of the Department of Energy Organization Act (42 U.S.C. 7270).’’. cost too much, and that is a big prob- lieve in, but they simply can’t afford to lem in our country. The sharp rise of write a check for thousands of dollars Mr. REED. Mr. President, this secretive, unregulated money in poli- like the big donors do. A matching amendment is a technical correction to tics means that we have no idea who is funds program will help amplify the the previous amendment I offered, and spending money on campaigns and can- donations of these smaller donors and I ask that it be accepted for consider- didates or why, and that is a pro- working families and would be a key ation. foundly troubling problem for our de- step toward leveling the playing field The PRESIDING OFFICER. The mocracy. for working families who want to sup- amendment is pending. While there are many causes of the port a candidate. Mr. REED. Mr. President, I believe rise of money in politics, perhaps the Finally, we should improve voter reg- the amendment is pending. biggest is the 2010 Supreme Court deci- istration. Increasingly, some have I yield the floor and suggest the ab- sion Citizens United v. FEC. The 5-to-4 sought to disenfranchise others—espe- sence of a quorum. decision in Citizens United struck cially voters of color—by making it The PRESIDING OFFICER. The down key limitations on campaign con- harder to register to vote, harder to clerk will call the roll. The senior assistant legislative clerk tributions that were enacted on a bi- get a ballot, or simply through voter proceeded to call the roll. partisan basis in 2002. intimidation. It is time that we restore That decision has had dire con- the Voting Rights Act and crack down Mr. WHITEHOUSE. Mr. President, I sequences for our democracy. Since on discriminatory voting rules that ask unanimous consent that the order Citizens United, there has been succes- block access to the polls. This includes for the quorum call be rescinded. sively more money poured into each fixing the terrible recent Supreme The PRESIDING OFFICER. Without congressional campaign cycle. Much of Court decision allowing States to kick objection, it is so ordered. Mr. WHITEHOUSE. Mr. President, I that money has come from super PACs voters off the rolls if they don’t vote ask unanimous consent to speak for up and other secretive organizations that regularly, even without offering same- to 15 minutes as in morning business. are structured specifically to hide the day voter registration for those voters The PRESIDING OFFICER. Without identity of their donors. Other funds to easily rejoin the rolls if they do wish objection, it is so ordered. have come from large corporations to vote again. that can afford to spend millions on po- I believe that all Americans should CLIMATE CHANGE litical activities in order to further be represented here in the U.S. Senate, Mr. WHITEHOUSE. Mr. President, a their own special interests. not just the wealthy few. Our democ- crash takes place in a system when What is the upshot of all of this? racy is built on the principle that the conditions in that system reach a tip- Super PACs and other dark money or- American people have the power in our ping point and the system rapidly de- ganizations spent some $1.4 billion in elections, so I am going to keep fight- stabilizes. the 2016 election. We often have no idea ing to reform our campaign finance Climate change promises a lot of tip- who did the spending or why. rules. ping points in the Earth’s natural sys- This kind of secretive, unlimited, Thank you, Mr. President. tems—ocean acidification, for instance, corporate-driven political spending is I yield the floor. reaching a tipping point where unfair to voters in Minnesota and I suggest the absence of a quorum. foundational species, such as the pter- around the country. That is why I am The PRESIDING OFFICER. The opod, have trouble forming their shells, fighting so hard to reform our cam- clerk will call the roll. and populations of those foundation The senior assistant legislative clerk paign finance system. species crash, taking down the trophic One of the most important things we proceeded to call the roll. levels above them; polar warming, for Mr. REED. Mr. President, I ask unan- can do is to enact a constitutional instance, releasing trapped frozen imous consent that the order for the amendment to reverse the Citizens methane from Arctic tundra and quorum call be rescinded. hyperaccelerating the greenhouse ef- United decision. In my very first The PRESIDING OFFICER. Without fect. At the more local level, season- month as a Senator, I cosponsored Sen- objection, it is so ordered. ator TOM UDALL’s legislation to do ally linked species, reacting to chang- AMENDMENT NO. 2842 TO AMENDMENT NO. 2366 that. A few wealthy donors shouldn’t ing seasons, can get out of phase with Mr. REED. Mr. President, I call up dominate the political conversation in one another, so the feeder and its food amendment No. 2842 to the Lee amend- this country. source no longer overlap in time, and ment. Reversing Citizens United isn’t the then they have a crash. The PRESIDING OFFICER. The only thing necessary to restore fairness In what Pope Francis has called ‘‘the clerk will report. mysterious network of relations be- to our political process; we should also The senior assistant legislative clerk tween things,’’ climate change prom- pass Senator WHITEHOUSE’s DISCLOSE read as follows: Act, which I am proud to cosponsor. ises natural disruptions, large and The Senator from Rhode Island [Mr. This legislation requires super PACs REED] proposes an amendment numbered small. and big political spenders to disclose to 2842 to amendment No. 2366. Of course, the same kind of disrup- the public exactly where their dona- Mr. REED. Mr. President, I ask unan- tion can occur in economics. Because tions are going. No constitutional imous consent that the reading of the we are ignoring climate change, we are amendment is required for this key amendment be dispensed with. hurtling toward natural disruptions measure. In 2010, the DISCLOSE Act The PRESIDING OFFICER. Without like the kinds I mentioned. On top of came up just one vote short in the Sen- objection, it is so ordered. that, recent warnings indicate that we ate, and I urge the Senate to imme- The amendment is as follows: are also hurtling toward economic dis- diately take it up again so we can fi- (Purpose: To require the authorization of ap- ruptions—crashes, if you will—which nally pass this important bill. propriation of amounts for the develop- we could avoid or moderate if we pre- We also should replace the Federal ment of new or modified nuclear weapons) pared. But since the fossil fuel over- Elections Commission, which is mired In lieu of the matter proposed to be in- lords of the present Congress won’t let in political squabbling and hindered serted, insert the following: that preparation happen, we need to

VerDate Sep 11 2014 03:04 Jun 14, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD18\JUNE\S12JN8.REC S12JN8 June 12, 2018 CONGRESSIONAL RECORD — SENATE S3749 expect these economic crashes. What This asset collapse ahead would ex- not be any large shock in asset prices and are these economic crashes? The first plain why fossil fuel companies have there would be no systemic risk. In contrast, one I will discuss is the effect of sea fought so hard against shareholders in a scenario in which the implementation of climate policy is uncertain, delayed, and level rise on coastal real estate values. who sought honest reporting of this sudden . . . this might entail a systemic risk Sea level rise can hit you economi- risk, and it could explain why such re- because price adjustments are abrupt and cally long before the ocean actually ports as have been produced look like portfolio losses from the fossil-fuel sector laps against your doorstep. When the exercises in ‘‘cooking the books’’ to and fossil-based utilities do not have time to prospect of coastal flooding begins to avoid actually acknowledging a risk of be compensated by the increase in value of creep into the 30-year mortgage hori- this scale. renewable-based utilities. zon or when the prospect of coastal More recently, a group of economic Both economic analyses agree that flooding begins to darken property in- analysts published a separate review of transitioning to renewables is a hedge surance horizons, there will be an ef- what the bursting of this carbon bubble against this fossil fuel asset collapse fect. would look like for fossil fuel compa- risk, but this earlier paper also notes Long before your house is actually nies. The report’s analysis is pretty something else. It also notes that this flooded, its value can crash if the house stark. It estimates that a potential $12 transition to renewables, away from becomes uninsurable or if it becomes trillion—$12 trillion—of financial value the asset collapse risk, need not be a unmortgageable to the next buyer. ‘‘could vanish off their balance sheets painful transition. To quote the report, Freddie Mac has described the effect of globally in the form of stranded as- ‘‘a transition to a low-carbon economy this property value crash on America’s sets.’’ The report notes that this is could also have net positive aggregate coastal regions as follows: ‘‘The eco- over 15 percent of global GDP. effects.’’ On one side, you have the risk nomic losses and social disruption may This economic report posits a market of a major fossil fuel asset collapse cre- happen gradually, but they are likely scenario in which lower cost producers ating a sufficient economic shock for to be greater in total than those expe- unload their fossil fuel reserves while there to be systemic risk to the econ- rienced in the housing crisis and Great they still can into this collapsing mar- omy. On the other side, you have the Recession.’’ Those of us who lived ket—‘‘selling out’’ their assets, in the prospect of net positive aggregate ef- fects. Who in their right mind would through the great recession of 2008 and language of the report—unloading their not turn toward net positive aggregate forward know how serious that warning fossil fuel assets even at fire-sale prices effects? A large and sudden economic is. to get what value they can while they shock affecting 15 percent of global It is not just Freddie Mac; the insur- still can. GDP and precipitating systemic eco- ance industry shares this exact con- In this analysis, the report says, ‘‘re- nomic risks will, of course, be very cern. Here is what the editor of the gions with higher marginal costs . . . trade publication Risk & Insurance had painful. lose almost their entire oil and gas in- This is stark advice. Whether we can to say: ‘‘Continually rising seas will dustry (for example . . . the United actually heed this advice depends on damage coastal residential and com- States).’’ the Congress of the United States being mercial property values to the point In this environment in which there is able to put the interests of the United that property owners will flee those a rapid crash in fossil fuel prices, as States first over the interests of the markets in droves, thus precipitating a sellers saturate the market at what- fossil fuel industry. Given that mortgage value collapse that could ever low price they can get to get some Congress’s fossil fuel industry over- equal or exceed the mortgage crisis money for their reserves before they lords will likely object and given that that rocked the global economy in evaporate and get wiped off their bal- we seem incapable in Congress of ei- 2008.’’ So from government-backed ance sheets, the market moves rapidly ther seeing through their massive con- housing corporations to private insur- and regions like ours—like the United flict of interest or ever telling them no, ance industry representatives, the States, with higher marginal costs— it is not presently likely that Congress warning is clear. lose almost their entire oil and gas in- will heed these warnings or take these The leading edge of this predicted ef- dustry. precautions. fect may already actually be upon us, Obviously, for the United States to After all, the warnings of natural as we have recently seen coastal prop- rapidly lose almost its entire oil and crashes ahead have so far been com- erty values begin to lag inland prop- gas industry would create a dramatic pletely ignored due to fossil fuel indus- erty values in a way that experts think economic shock, spilling over into try pressure. So why expect that we may reflect this emerging coastal eco- other industries and into the economy would heed the warnings of economic nomic hazard. When talking about at large, making this what the authors crashes ahead? matching the damage done to the econ- of this report call a ‘‘systemic’’ eco- In the days when war loomed over omy by the 2008 recession, that is a se- nomic risk. Europe but England would not prepare, rious risk. There is a recommended solution to Winston Churchill quoted a poem. The The second economic crash we are avoid this shock in asset prices, and poem’s image is of a train bound for de- warned of is the effect of a so-called that is for the United States to begin struction, rushing through the night, carbon bubble—a carbon bubble in fos- decarbonizing, to invest more in renew- and the conductor is asleep at the con- sil fuel companies. This carbon bubble ables, and to broaden our national en- trols. The poem begins: collapse happens when fossil fuel re- ergy portfolio away from this asset col- Who is in charge of the clattering train? serves now claimed as assets by the lapse risk and into renewable energy. The axles creak, and the couplings strain. fossil fuel companies turn out to be not The paper concludes that ‘‘an exposed Inside the train cars, the poem de- actually developable and thus become country can mitigate the impact of scribes the occupants of the doomed what are called stranded assets. A re- stranding by divesting from fossil fuels train: cent publication by economists in the as an insurance policy,’’ and it goes on Lull[ed into] confident drowsiness. journal Nature Climate Change has de- to say specifically about the United But then comes the end: scribed the following estimated asset States of America that ‘‘the United [T]he pace is hot, and the points are near, reductions in fossil fuel reserves: ‘‘The States is worse off if it continues to And Sleep hath deadened the driver’s ear; magnitude of . . . stranded assets of promote fossil fuel production and con- And signals flash through the night in vain. fossil fuel companies (in a 2 degrees C sumption than if it moves away from Death is in charge of the clattering train! economy) has been estimated to be them.’’ That is how the poem ends. Let us around 82% of global coal reserves, 49% Let me revert to the earlier eco- hope that we wake up before our colli- of global gas reserves, and 33% of glob- nomic piece I mentioned because it sion, that the many warning signals al oil reserves.’’ concludes with very similar advice. I nature is flashing at us do not flash That would be 82 percent of global quote from the first article: through the night in vain, and that we coal reserves gone, wiped off the bal- If climate policies are implemented early do not hurtle into these foreseen colli- ance sheets; 49 percent of global gas re- on and in a stable and credible framework, sions with our fossil fuel industry over- serves gone; and 33 percent of global oil market participants are able to smoothly an- lords having deadened the driver’s ear reserves gone. ticipate the effects. In this case there would with their money and their power.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.032 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3750 CONGRESSIONAL RECORD — SENATE June 12, 2018 We have been lulled into confident erty’’ by the government ‘‘without due of having a Constitution in the first drowsiness, and it is time to wake up. process of law.’’ If you are going to place is to protect the people from the I yield the floor. take away people’s life or liberty or dangers that are inevitably presented I suggest the absence of a quorum. property, you have to give them due by the excessive accumulation of power The PRESIDING OFFICER. The process. You can’t do it without that. in the hands of the few. clerk will call the roll. That is by mandate of the Constitu- Then more recently, in the post-9/11 The assistant legislative clerk pro- tion. It is made applicable to the Fed- era, there has been, of course, some re- ceeded to call the roll. eral Government through the Fifth newed pressure to diminish our con- Mr. LEE. Mr. President, I ask unani- Amendment, and it is made applicable stitutional protections—our liberty—in mous consent that the order for the to the States through the 14th Amend- the name of security. Lawmakers from quorum call be rescinded. ment. both parties have authorized the deten- The PRESIDING OFFICER (Mr. Our commitment to these rights has, tion of Americans who have been sus- RUBIO). Without objection, it is so or- of course, been tested in times of crisis. pected of terrorism—their detention in- dered. This is what happens to our rights definitely without charge, without AMENDMENT NO. 2366 when crises erupt. Sadly, tragically, I trial, and without meeting the evi- Mr. LEE. Mr. President, I ask unani- would add, we as Americans have not dentiary standard that is required for mous consent that there be 1 hour of always passed these tests. We have not every other crime—potentially, for the debate on my amendment, No. 2366, always emerged unscathed from the rest of their lives. equally divided between the opponents temptation to dip into the well of dep- You see, this happened just a few and proponents, and that following the rivation of due process in times of cri- years ago in this very Chamber. If I use or yielding back of that time, the sis. had not been here at the time, I might Senate vote on the amendment. During the Second World War, for ex- The PRESIDING OFFICER. Is there ample, President Franklin Roosevelt have accused whoever was describing objection? unilaterally authorized the internment this of engaging in some sort of para- The Senator from South Carolina. of over 100,000 Japanese Americans for noid fantasy, in some sort of odd hy- Mr. GRAHAM. Mr. President, reserv- fear that they would spy against the perbole, for the purpose of making a ing the right to object, Senator LEE is United States—100,000 Americans just point. No. This actually happened in a very good friend, and he is very sin- based on the fear that they might spy the National Defense Authorization cere. I will object, and I want to let the against the United States. To be sure, Act that President Obama signed into body know that I think the best way to the government did not—neither Presi- law for fiscal year 2012. Congress au- handle this issue is, if American citi- dent Roosevelt nor anyone in his ad- thorized the indefinite military deten- zens are suspected of collaborating ministration—present any kind of evi- tion of suspected terrorists, including with the enemy—ISIS or al-Qaida—we dence that these Americans—the of American citizens, who are appre- have the due process in place to strip 100,000 Americans who were imprisoned hended on U.S. soil. them of their citizenship. That way, at that time—posed any kind of threat These episodes—the Japanese-Amer- you don’t have the problem of reading to our country. There was not one ican internment, the McCarran Inter- them their Miranda rights. You can piece of evidence—not one shred, not nal Security Act, and the 2012 NDAA— hold them, without question, as enemy one scintilla—presented to that effect. are significant. They are teachable mo- combatants. In fact, most of these Americans were ments, if you will. In all three cases, I will end with this. There is a court themselves native-born citizens. They the United States faced real threats case right on point, that of Mr. were eligible, in that respect, to run for from formidable foes—foes that were Padilla’s, who was an American citizen President of the United States. Many hostile to our very core values as a na- who was held as an enemy combatant. had never visited Japan in their entire tion, foes that were not comfortable The court says that it doesn’t matter lives. Many didn’t speak the language with the idea that we as Americans the location of capture, he can be cap- spoken in Japan. share in common—the belief in the fun- tured in the United States and still be That episode in our Nation’s history damental, inherent dignity of the held as an enemy combatant. was tragic, and it remains a blight on human soul. Instead of defying our foes So I object, but I really want to work our record to this very day. It is also by holding fast to those core values, we with Senator LEE to see if we can find an example that is, sadly, personal to jettisoned them in a panic. Fear and a compromise down the road. the State I represent. You see, the U.S. secrecy won out. The Constitution lost. The PRESIDING OFFICER. Objec- Government unjustly detained thou- Liberty lost. tion is heard. sands of Japanese Americans in Utah Thankfully, that is not the whole The Senator from Utah. at the Topaz War Relocation Center. story. There have also been times when Mr. LEE. Mr. President, I appreciate Japanese-American internment is, per- Americans have stood up to the Con- my colleague’s opinions, the Senator haps, the most dramatic and shameful stitution even in the face of threats, from South Carolina. I would like to instance of this kind of detention in especially in the face of threats, thus, respond for a moment and speak for a our Nation’s history. Unfortunately, it sending a really strong message to the few minutes about a bipartisan com- is not the only instance. totalitarian forces arrayed against us. promise that I have introduced, along In 1950, in a climate of intense fear For instance, in 1971, Congress passed with the senior Senator from Cali- about Communist infiltration of the the Non-Detention Act, stating, ‘‘No fornia, Mrs. FEINSTEIN. government, Congress enacted the citizen shall be imprisoned or other- The legislation I am referring to is McCarran Internal Security Act and wise detained by the United States ex- called the Due Process Guarantee Act, did so over President Harry Truman’s cept pursuant to an act of Congress.’’ which Senator FEINSTEIN and I have in- veto. That law contained an emergency Congress can make another stand for troduced. It has also been offered up as provision that allowed the President of the Constitution by allowing a vote on an amendment to the legislation now the United States to detain any person this amendment, by allowing a vote on before this body, to the National De- he thought might spy on the United the Due Process Guarantee Act amend- fense Authorization Act. States. ment to the NDAA. Alexander Hamilton, in his writing of Think for a minute about what that Federalist No. 84, called arbitrary im- means—that one person was then vest- What, you might ask, is the Due prisonment one of the ‘‘favorite and ed with this authority to delve most Process Guarantee Act? most formidable instruments’’ of ty- deeply into someone’s due process In short, this bill presented as an rants and with good reason. The Con- rights without providing him with any amendment would raise the bar that stitution includes safeguards against due process at all. That is scary. That the government has to clear in order to this form of tyranny, including the is the very kind of thing that the Con- claim and assert the right to detain in- writ of habeas corpus and the guar- stitution was designed to protect definitely American citizens and lawful antee that American citizens will not against. There is the due process permanent residents who are appre- be ‘‘deprived of life, liberty, or prop- clause, certainly, but the whole point hended on U.S. soil. It would forbid the

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.033 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3751 government from justifying such de- ical spectrum, agree it is not too much not, even if you reside outside the tentions by using general authoriza- to ask that if the government is going United States or are here tempo- tions of military force, such as the 2001 to arrest someone and detain them, rarily—perhaps on a temporary visa of AUMF against the 9/11 plotters. putting them into a position of incar- some sort—this should worry you. If Why, you might ask, would this even ceration indefinitely without charge, you believe in the American dream, if be necessary? Why would we even need without trial, is extraordinary. That you believe in the fundamental dignity to consider doing this? kind of extraordinary remedy perhaps of the human soul, this should bother That is a very good question. It is a ought never be approached, but, cer- you. The extent to which you are both- question that should be directed to- tainly, if it is going to happen at all, it ered by this should grow even more se- ward those who inserted this language ought not ever happen without the ex- vere by virtue of the fact that we have into the 2012 NDAA. plicit statutory authorization from this discussion this afternoon in our Under this legislation, under this Congress. Nation’s Capitol, within the halls of amendment as it has been proposed, All of this relates back to section what purports to be the world’s great- the government would have to obtain 1021 of the 2012 National Defense Au- est deliberative legislative body, not in the explicit written authorization— thorization Act, which purports to au- the context of being on the precipice of statutory authorization—of Congress, thorize the government to just indefi- casting a vote on this—no. We are hav- which is the branch of government nitely detain without trial American ing this discussion of a simple request most accountable to the people at the citizens and lawful permanent resi- to vote up or down, yes or no, yea or most regular intervals, before approv- dents—both of whom would be pro- nay, on whether we should require Con- ing the detention of Americans—with- tected by my amendment—who are gress to state explicitly when it is out charge, that is—if they are cap- captured in the United States. going to invoke this kind of extraor- tured in the United States. Look, it is easy to look at this and to dinary remedy. It defies reason, it de- This isn’t too much to ask. Some separate yourself from this if you fies logic, it defies the rules, the cus- would say this is far too little to ask. think this measure could apply only to toms, and traditions of this great legis- It is something that is required both by bad people—maybe only to bad people lative body for us to refuse to cast a the letter and by the spirit of our Con- who don’t look like people we ordi- vote on this. stitution, by the very concept of lib- narily associate with. Perhaps they By the way, about 5 years ago, a erty, and by the very concept alluded don’t look like they came from our nearly identical version of the same to earlier that each human soul has in- neighborhood. Perhaps they don’t look amendment passed through this body herent dignity that needs to be re- like the kinds of people who ought to with 67 votes. Not only is that more spected by our government. So the Due have protection, but this is the very than a majority, but it is also more Process Guarantee Act is based on a folly we should always seek to avoid. than the standard required to close de- very simple premise: If the government Either due process is a thing or it is bate, and it is also a standard that is wants to take the extraordinary step of not. Either due process is a constitu- consistent with what is required to apprehending Americans on U.S. soil tional imperative that we should be overcome a Presidential veto. Yet without charge or trial, it should get very reluctant to depart from ever or it somehow that measure didn’t make it extraordinary permission from Con- is not. Section 1021 of the 2012 NDAA into the final product. Somehow it gress. represented a departure from that. didn’t survive the process of negotia- Now, to be very clear, if my col- Think of it this way. Your rights as tion between the House and Senate. It leagues want to grant the government an American citizen to be charged in a didn’t survive the final bill as produced this power, that power over their own certain way, to have access to a speedy by the conference committee. So 5 constituents, their own voters, the trial, to have access to counsel, your years go by, and we have been trying to very people who elected them into of- right to a whole host of constitutional get a vote on it ever since then. We fice, then by all means let’s have that protections generally does not, and have been unsuccessful in doing so. debate and let’s have that discussion. If ought not ever be, something that they want to do that, let them author- should be dependent upon how you are We are not asking for every Member ize it themselves. I hope I never see the charged. If all the government has to to agree right now to support this. day that happens, but I hope we all do is alter the way in which you were What we are asking for is for them to agree that Congress should have to charged to allege that you have been weigh in and allow us to cast a vote on agree before any such step is taken. involved in some type of offense that this. You see, we have this quaint idea Members of Congress should not simply can be characterized as terrorist activ- in this country that being governed re- hide behind vague, broad authoriza- ity or the aiding and abetting of those quires a certain amount of consent tions so the voting public will not or who planned the 9/11 attack, if that is from those being governed; that when can’t know what they are doing. all that has to happen, then you are en- the government does something, espe- I am offering this amendment be- trusting an enormous amount of dis- cially something that could so deeply cause of my faith in our law enforce- cretionary power to government, to a impact the lives of individual Ameri- ment officers and our judges who have very small handful of decisionmakers cans, it ought to be done with the con- successfully apprehended and pros- who themselves can deprive you of ev- sent of the governed through their ecuted and overseen the prosecutions erything that is dear to you—deprive elected Senators and Representatives. of hundreds of homegrown terrorists. you of those you love, of the place you We have two people here from every Their example proves that our security call home, and subject you to indefi- State in the Union. I could say, with a is not dependent upon a supercharged nite incarceration, indefinite deten- high degree of confidence, that if you government and a correspondingly tion, without access to trial, without polled not just the American people at weakened Constitution. We can secure access to the ability to confront your large, not just people within every the homeland without using the formi- accusers in front of a jury of your State, but I would add to that people dable instruments of tyrants. Not only peers. within every demographic, people with- can we, but we must. This, after all, is This is a problem. It is a problem in every political party, at least every our constitutional imperative. that would sound extreme if it weren’t political party that I know anything Each one of us, upon taking office, true because it is, in fact, extreme. about, people, regardless of race, sex, was required to take an oath to uphold We have gone now, for the last 6 or 7 national origin, religious affiliation, and defend this document, the U.S. years after this was passed into law, belief, or unbelief—I would bet an over- Constitution. I hope, I think, I expect, without it getting a whole lot of atten- whelming majority of people in every and in fact I am quite confident that tion. I think this is unfortunate be- single category in every State of the the overwhelming majority of our con- cause this ought to be concerning to Union would say this is really trou- stituents and voters in every State in every single American. If you exist on bling. this country, regardless of where they U.S. soil lawfully or if you are a citizen The fact that you would have a gov- fit on the political continuum, where or lawful permanent resident, this ernment that would be so bold in the they identify themselves on the polit- should concern you. Even if you are first instance as to claim the right,

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Were we going to be the leader of the even to allow a vote on whether future Colleagues, I have worked in the free world? Were we going to stand up votes should be cast on whether this is trade environment internationally for individual sovereignty, for indi- appropriate. most of my career. I have sourced prod- vidual liberty, self-determination? I The Senate, I am told, used to be a ucts all over the world. I shipped prod- think he has made that very clear and place—in fact, the history books made ucts all over the world. I can tell you, that we have turned a corner. clear it was, in fact, a place where ex- for a fact, that for the last 40 years we President Trump has, no doubt, an tended debate and discussion could be have been in a trade war. unconventional negotiating style—an heard because we as a people tend to In that time, America has helped de- outsider style, if you will. Do you know believe more debate is preferable to velop the Third World and reduce pov- what? As we have seen in his Presi- less, more input is preferable to less erty largely because of an imbalanced dential career just in the last 15 input, and that whenever government trade agreement that we made with months—NATO, South Korea, and just makes a decision, especially a profound pretty much each country around the last night, a historic summit in North decision like the one we are talking world, and we did that intentionally, Korea—President Trump’s method- about, that the people’s elected rep- not by accident. It was out of our good ology, indeed, works. resentatives ought to have some say in will that we set up trade deals that Remember when he was running for it. granted access to our markets while office? He said: Well, if NATO doesn’t It is an act of cowardice that we as a denying access to other markets increase their military spending, we body would refuse to have votes on around the world. just might back out. Everybody pan- Why did we do that? When China was something like this. So I say to my col- icked: Oh my goodness, it will upset a $1 trillion economy, that made sense. leagues who object to us even being the balance with our allies over there. We wanted to help them develop eco- able to cast a vote on this, what are This is not the time to be doing that. nomically. Now that they are a $12 tril- you afraid of? What is it that you fear Guess what. NATO stepped up. I just lion economy, it no longer makes so much about the American people met with a major ambassador from one sense. When Japan was rebuilding after that you are unwilling to have a provi- of the countries in that region, and I World War II, of course we wanted to sion like this explored, examined, and am delighted to tell my colleagues to- help them rebuild. We spent billions of night that we all know, basically, get voted on by the U.S. Senate? This dollars behind the Marshall Plan to do NATO is doubling the amount of doesn’t have to take a long time. We just that with Japan and all of East money they are spending for their own could easily have done it today. We Asia. We set up trade deals that we national security, which is exactly could have done it in a matter of hours, knew would help their economy grow, perhaps a matter of minutes. Is that and that made sense then. what the President wanted. really too much of a sacrifice to ask for It no longer makes sense to have an President Trump is working to fix a few hours or a few minutes of our unlevel playing field with the rest of problems that others would not ad- precious time to vote on whether the the world just so they can develop. Let dress. He is moving with a sense of ur- U.S. Government should have the me give you a reason why. One of the gency to deliver those results. I am power to indefinitely detain without reasons is, because of the American tired of Members of this body trying to charge, without trial, without counsel consumer and taxpayer, global poverty undercut him at every turn, especially American citizens on U.S. soil? I think over the last 50 years has been reduced in the middle of the negotiation proc- not. dramatically; by some estimates, over ess. I inform my colleagues, with all the 60 percent. Let me say that again. One of the things you learn when you energy I am capable of communicating, Global poverty, because of the Amer- deal internationally is that you have to please reconsider. Look in the mir- ican taxpayer and the American work- to have the respect of the person you ror. Examine your conscience. You de- er, has been reduced over 60 percent. are negotiating with across the table. cide whether you want to stand ac- Unfortunately, during that same period President Trump has earned that. countable to God and the American of time, American poverty since 1965, What we are beginning to do in this people one day if and when this power when the Great Society was signed into body is undercut that. I understand the is abused. law and when the great War on Poverty article II, article I debate. I get that. One thing we know about power is was initiated, we spent $67 trillion try- But we are in the middle of processes that when excessively accumulated in ing to eradicate poverty in America. now that are so critical. You cannot the hands of a few, bad things happen. Unfortunately, today we know pov- deal with trade in a one-dimensional Human beings are flawed. They are re- erty is basically the same as it was in fashion. It is part of the bigger geo- deemable, but they are also flawed. 1965. So this imbalance we have lived political complex calculus that Presi- That is why we have a Constitution. with for the last half decade that par- dent Trump is trying to negotiate. We That is why we are here. We are here to tially helped the development of the need a unified voice, there is no doubt. cast votes and to stand accountable to Third World, pulling hundreds of mil- Right now, this body is sending mixed the American people. I urge my col- lions of people out of poverty, begins to signals. It is time to put aside political leagues to allow a vote on this amend- not make sense when it damages our self-interests and focus on what is best ment. well-being here at home. for the United States of America. As a I yield the floor. Like me, President Trump is an out- business guy, I would think this is The PRESIDING OFFICER. The Sen- sider to this political process. He is something my colleagues—especially ator from Georgia. just a business guy who spent his ca- those who come from the business com- TRADE reer successfully negotiating deals all munity—would understand. That is Mr. PERDUE. Mr. President, one of over the world. For years, he has seen what we have to do all the time in the the great honors in this body is to how America has often been treated real world. bring a contrasting point of view to the unfairly when it comes to trade. He has Last year, President Trump said that topic of the day. I hope to do that also seen how previous administrations job 1 was to grow the economy. As a today. repeatedly failed to contain the grow- body, we all focused on regulations, en- Many colleagues in this body have ing threat of rogue regimes with nu- ergy, and taxes. As a result, the econ- voiced concerns on both sides of the clear ambitions, like North Korea and omy has begun to turn a corner. aisle, frankly, about President Iran. Just this year, we passed a moderate Trump—what President Trump is doing Since taking office, President Trump bill that modifies Dodd-Frank and frees to try to create a more level playing has put America back in a position of up onerous regulations on small and

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.037 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3753 community banks and regional banks— the negotiator is all-important when only winner President Trump is trying freeing up some $6 trillion all in be- dealing with certain parts of the world. to pick today is America. I think it is tween regulations and taxes and the We need to take that into consider- refreshing that we have somebody fi- work in Dodd-Frank. That $6 trillion is ation when we are considering things nally standing up and fighting for us potentially coming back into the econ- that we have been debating here in the for a change, after decades of making omy. That affects people who work for last 24 hours on this floor. We need to sure that the Third World was devel- a living, not just the people who own talk about trade from an economic and oped. the businesses. national security standpoint. It is, in This is about making sure that Today, small business optimism hit a fact, a full-blown, complex geopolitical America is treated fairly and that it is 30-year high. Some 311⁄2 million jobs issue. the best place to do business in the have been created, and 870 regulations To that point, we should all share the world. It is about making America have been reversed. Over 1,500 people in priority of denuclearization in the Ko- more competitive and secure. It is the Veterans’ Administration have rean Peninsula. President Trump is about making sure that the people who been let go because they were not con- also working from a position of take showers after work and not before cerned and did not perform their jobs strength on that topic. This President work get treated fairly in dealing with properly. and his team have the momentum to the rest of the world. This is about This year, it is all about continuing denuclearize the Korean Peninsula. making America more competitive. It to grow the economy by focusing on Imagine what progress would be is about making America more secure. immigration, infrastructure, and trade. achieved compared to just 6 months It is about ensuring our economic and Trade is a very complex matrix of ago when the worst was being con- national security for the next 100 countries and industries; it is not just templated. years. a very simple thing of back-and-forth. I Just as President Trump has brought This body should put aside self-inter- understand that the President is trying China to the trade table, he has se- est and focus on the national interest to do it in a bilateral way. I personally cured their cooperation on North and give this President the room he would prefer the TPP approach. But Korea. I can tell you personally, having needs to negotiate on everything from that is just two individuals. We are just visited there recently, we would better trade to denuclearization in the committed to this bilateral path, and I not be in these negotiations with North Korean Peninsula. Stop the hysteria, fully support that now. Of course, how Korea without the help of President Xi in my opinion. This is about a much we deal with each one should be Jinping and the Chinese people. Presi- bigger picture. In the much bigger pic- thoughtful and strategic, and we need dent Trump’s leadership on this max- ture, we talk about the rise of China to be in a hurry to get that done. We imum-pressure campaign led to China’s and the impact on the world. need a holistic approach to trade, not cooperation on tough sanctions, which Let me highlight a couple of things the ad hoc approach we have seen in helped bring North Korea to the table from this past weekend. President the past. in the first place. Trump issued a statement that offered Do you know what. If you want The President made a personal com- an olive branch to Russia on the G7. He meaningful results in trade, you have mitment to another foreign leader felt he would support their reentering to have the courage to have serious, about how to deal with ZTE. He should the G7. What did Putin say? He said: tough conversations with other coun- be able to follow through on his word. Well, no, thank you. I am more inter- tries, regardless of how many head- This agreement may be tied to other ested in other things, like the SCO. aches it may cause for some folks here elements of this administration’s na- Most people in this body aren’t famil- in Washington. That includes some of tional security agenda that we don’t iar with the SCO. It is the Shanghai our allies, by the way. know about in full detail, and we need Cooperation Organisation. It is basi- The imbalance we have in trade is to give them the benefit of the doubt cally China, Russia, Uzbekistan, and a not just with China; it is with pretty and stop undercutting the negotiating few countries in that area. But India much every one of our allies. The solu- power of our Commander in Chief. and Pakistan just attended their first tions are not controversial. They can This ZTE amendment, which has meeting. I think this is an extremely be dealt with the right way. been thrown into the NDAA at the last dangerous development for the future When it comes to trade, including minute and before the Commerce De- of self-determining people. trade with some of our closest allies, partment made its full ruling, could I think it is time for this body to get America isn’t being treated fairly. We threaten China’s cooperation in dealing behind a unified approach with regard covered that already. We have been in with North Korea. It is remarkably to what we are trying to do with trade this position for some time. It is really shortsighted for politicians in this and North Korea and tell the rest of by our own making. We did this inten- body to complicate the situation with the world: We want to be the strongest tionally. the ZTE amendment, in my opinion. I ally you have ever seen, just like we President Trump is working to begin believe it will undercut our ability to have been for the last 200 years. It is to fix this by negotiating better trade negotiate, and I think it jeopardizes time, as the President said in Davos, to deals for American businesses, prod- our negotiator’s credibility. take care of our business so we can ucts, and workers. Make no mistake— Of course, Congress has an important help you take care of your business. the beneficiaries of these trade nego- role to play on all free trade agree- Thank you, Mr. President. tiations are American consumers and ments and certainly treaties. The ad- I yield my time. American workers. Trump is doing this vice-and-consent principle that is built Mr. MENENDEZ. Mr. President, at from a position of strength, I believe. into our format is absolutely critical. I the G–7 Summit in Charlevoix, Canada, He is leveraging that strength to get a am not trying to undermine that in the on June 9, 2018, President Trump stated better deal. It is not about pending al- least. However, we should not be trying the following in regard to the Russian liances; it is about telling other coun- to undercut our chief negotiator in the Federation rejoining this group of the tries: We aren’t going to stand for any- middle of a negotiating process. world’s seven most industrialized and thing less than a level playing field. I I personally have survived some of powerful nations: ‘‘It would be an asset think that is only fair when we are those in my career. I understand that to have Russia back in. I think it dealing with our allies or our adver- the credibility of the person doing the would be good for the world. I think it saries. negotiating is absolutely critical. How- would be good for Russia. I think it President Trump has the attention of ever, in our situation, in dealing with would be good for the United States. I the world and momentum to pull off any foreign leader, the full breadth of think it would be good for all of the better trade deals, so why are Members the responsibility of the legislative countries of the current G–7. I think of this body trying to confuse and com- branch has to be explained up front. I the G8 would be better.’’ plicate the process by undermining the am fully supportive of that. Such a statement, even for this President’s efforts? To those who say this President is President, is stunning. Furthermore, we cannot discuss picking winners and losers, going back On March 24, 2014, the current group trade in a vacuum. The credibility of to the ZTE issue, let me say that the of G–7 states suspended the Russian

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.038 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3754 CONGRESSIONAL RECORD — SENATE June 12, 2018 Federation, in response to its illegal I have submitted an amendment to It was 1944. There was a serious epidemic invasion and occupation of the Ukrain- the defense authorization bill calling that year all over the country. And the dis- ian territory of Crimea. Since then, the on President Trump to retract his com- ease was very unpredictable. First, you’d Government of the Russian Federation ments on readmitting Russia to the G– think you had the flu, and a couple of weeks later, some people would be completely nor- continues to illegally occupy Crimea 7. Absent any change in the Kremlin’s mal and some of them would be in an iron and has utterly failed to fulfill its obli- efforts to undermine the rules-based lung or dead. gations under the Minsk Agreements international order or its illegal occu- He continued: to end its violent aggression in eastern pation of Crimea, the G–7 should not In my case, it affected my left quadriceps, Ukraine. Russia has failed to respect a even consider welcoming the Russian the muscle between the knee and your thigh. full ceasefire; it has failed to pull back Federation back into its fold, let alone And in one of the great good fortunes of my its heavy weaponry; it has failed to with open arms. This amendment sends life, my mother was living with her sister in permit the monitoring and verification a necessary and strong message that this little crossroads of Five Points, Ala- of a ceasefire regime; and it has failed the United States stands by our friends bama, where there was not even a stoplight— to ensure access for humanitarian aid and the international rules-based order while my dad was overseas fighting the Ger- to conflict-affected individuals. that benefits American workers and mans—and it happened to be 60 miles from The story does not stop with American national security. I am com- Warm Springs, where President Roosevelt Ukraine. Since 2014, the Government of had gone [to treat his own polio]. My mother mitted to working with my Senate col- took me to Warm Springs. They taught her the Russian Federation has greatly ex- leagues on both sides of the aisle to panded its aggression around the a physical therapy regimen, and said to do it shore up our closest alliances and to four times a day and to keep me off my feet. world, including against the United hold the Russian government account- She watched me every minute and prevented States with the attack on our 2016 elec- able for its aggression in Ukraine, the me from really walking. tion. The Kremlin continues to inter- United States, and beyond. I urge adop- My first memory in life is when they told fere in elections, wage cyber attacks, tion of this amendment. my mother I was going to be okay, that I’d engage in corruption and political med- The PRESIDING OFFICER. The Sen- be able to walk without a limp, and we dling, and spread lies and ator from Tennessee. stopped at a shoe store in LaGrange, Geor- disinformation—all with the goal to di- gia, on the way back to Alabama to get a f vide societies, undermine the rules- pair of low top shoes, which were a kind of based international order, and break up MORNING BUSINESS symbol I was going to have a normal child- hood. longstanding transatlantic alliances. Mr. ALEXANDER. Mr. President, I If one knows about the determina- Our intelligence community has re- ask unanimous consent that the Sen- tion of MITCH MCCONNELL’s mother, it peatedly asserted that the Kremlin will ate be in a period of morning business, is not hard to imagine how her son de- likely target our elections again this with Senators permitted to speak termined as a college student to be a fall. The very ideal of democracy as a therein for up to 10 minutes each. system of government is under con- The PRESIDING OFFICER. Without U.S. Senator, and did; determined to be stant assault from a Kremlin bent on objection, it is so ordered. his party’s Senate leader, and did; and destroying the international rules- Mr. ALEXANDER. Mr. President, I then determined to hold that leader- based order. ask unanimous consent to speak for as ship position longer than anyone in Upon considering these facts, no ob- long as I may require. U.S. history, and has. This was an ar- server could seriously think Russia de- The PRESIDING OFFICER. Without duous, two-decade leadership journey: serves to be welcomed back into the G– objection, it is so ordered. chairman of the National Republican 7 club. Any such suggestion is ludi- f Senatorial Committee, counselor to crous and must be dismissed out of Majority Leader Trent Lott, majority CONGRATULATING MITCH hand. whip, minority leader, and finally, ma- The United States is a country long MCCONNELL AS THE LONGEST jority leader. governed by the rule of law, where SERVING SENATE REPUBLICAN As for his mother’s example, this is breaking the rules has consequences. LEADER what MITCH MCCONNELL said: ‘‘It sure More broadly, the United States has Mr. ALEXANDER. Mr. President, the had to have an effect on me, which was helped to create the rules-based order Senate majority leader, Senator MITCH that if you stick to something, you in the international community that MCCONNELL of Kentucky, will become keep working at it and giving it your has undoubtedly served the interests of the longest serving Senate Republican best, the chances are you may actually the American people and benefited the leader in history, surpassing former overcome whatever problem you’re cur- world since the end of WWII by fos- Senator Bob Dole of Kansas. This is ac- rently confronting.’’ tering peace and prosperity. The cording to the Senate historical office. A second leadership quality that United States is bound with other G–7 Today is Senator MCCONNELL’s 4,179th MITCH MCCONNELL learned early—in a nations not just because of the size of day as Senate Republican leader—a po- fistfight—was to not be pushed around. our economies, but because of our sition he assumed on January 3, 2007, According to MCCONNELL, ‘‘I was about shared values and common cause to after Republicans lost control of both 7. We lived in Athens, Alabama, and I foster societies in which our citizens Chambers of Congress. had a friend across the street named can live freely, peacefully, and pros- I would like to take a few minutes to Dicky McGrew who was a year older perously. Inviting the current Govern- put Senator MCCONNELL’s leadership in than I was and considerably bigger. He ment of the Russian Federation to re- perspective. That perspective begins in was also a bully and he kept kind of join the circle of G–7 world leaders the year 1969. I was 29 years old and pushing me around. And my dad called when President Vladimir Putin’s re- working in the Nixon White House. me over and said, ‘Son, I’ve been gime poses an ongoing threat to our Senator Howard Baker, Jr., of Ten- watching the way he’s been pushing freedom, peace, and prosperity serves nessee, said to me: ‘‘You might want to you around and I want you to go over his interests, not ours. get to know that smart, young legisla- there and I want you beat him up.’ ’’ President Trump’s suggestion to re- tive assistant for Marlow Cook.’’ So, MCCONNELL says, ‘‘I went across admit Russia to the G–7 and his subse- Marlow Cook was Kentucky’s newly the street and started swinging and I quent disavowal of the joint commu- elected Republican Senator. That beat him up and bent his glasses, and it nique which the United States and smart, young legislative assistant was was an incredible lesson in standing up other G–7 nations successfully nego- 27-year-old MITCH MCCONNELL. to bullies and I’ve thought about that tiated in Charlevoix defy logic. More If one has known him for a long time, throughout my life at critical moments outrageously, they reflect his propen- the evolution of MITCH MCCONNELL’s when people are trying to push you sity to praise autocrats while attack- Senate leadership isn’t hard to trace. around.’’ ing our allies and the democratic val- To begin with, when he was 2 years old, As a junior Senator on the Foreign ues and rules-based system they de- the doctor said: ‘‘Mitch has polio.’’ It is Relations Committee, MITCH MCCON- fend. Does it put America first to side hard to imagine today how terrifying NELL surprised colleagues when he with autocrats? This President seems those words were for parents then. sponsored sanctions against the apart- to think so. McConnell remembers: heid regime in South Africa, and then

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He championed the MCCONNELL defeated Huddleston by ing issue of our generation. Working as an cause of Burma’s pro-democracy lead- fourth-tenths of 1 percent of the vote. intern in Congress during the summer of er, Daw Aung San Suu Kyi, who for I have searched in vain for early 1963, I got to see [Martin Luther King, Jr.’s] years was under house arrest. In 2012, clues to one more aspect of MITCH ‘‘I Have a Dream’’ speech. Then, in 1964, I when San Suu Kyi came to Wash- MCCONNELL’s leadership style: his par- was an intern in [Kentucky Senator] John simonious use of words. Sometimes he Sherman Cooper’s office. Two important ington, DC, as the new head of govern- things happened in 1964. Cooper was in the ment, she traveled to Kentucky ‘‘to reverts to absolute silence. In his auto- middle of breaking the southern Senators’ thank [MCCONNELL] for everything he biography, he admits he only speaks to filibuster on civil rights and we nominated did for us over, well, two decades. the press when it is to his advantage. Barry Goldwater, one of the few people who That’s a long time,’’ she said. He also tells of when Microsoft founder voted against the Civil Rights bill. Honestly, Of course, in order to be the Senate Bill Gates visited him and the two of I was mad as hell about it. And I was so irri- leader, one first has to be elected to them just sat there waiting for one to tated about Goldwater voting against the the Senate. In MITCH MCCONNELL’s speak, making others in the room un- Civil Rights bill and defining the Republican early career, one can find multiple comfortable. At another time, someone Party in a way that I thought would be un- fortunate that I voted for Lyndon Johnson, clues that point to his fascination with once told President George W. Bush which in retrospect was a huge mistake. But political campaigns and the pugnacious that MITCH MCCONNELL was excited it was a protest vote. style with which he wins them. Of over a certain vote, and President Bush That willingness as a college student course, an early signal was the fistfight replied: ‘‘Really, how can you tell?’’ to buck his own political party resur- with Dicky McGrew. Another: ‘‘I was Why so few words? McConnell’s an- faced 40 years later in his leadership on the only 14-year-old in America watch- swer is, ‘‘I learn a lot more by listen- First Amendment free speech issues. In ing political conventions from gavel to ing. And so frequently I start out by listening and think about what I want 2006, he cast the deciding vote against gavel [and] I began to practice the to say before I say it. You don’t get in the adoption of a constitutional craft and see if I could get good at it.’’ trouble for what you don’t say. There’s amendment to prohibit flag burning When he was elected president of his nothing wrong with being cautious when most of his Republican colleagues high school student body, he remem- about your comments. I certainly don’t and almost all of his constituents had bers, ‘‘I was hooked.’’ At the Univer- mind talking but I usually like to a different point of view. He argued sity of Louisville, he campaigned for know what I’m talking about before I that the First Amendment protects president of student council both in venture down that path.’’ even personally offensive messages, college and in law school, participated in civil rights marches on the State He is not the first Senate leader to be and MCCONNELL became the Senate’s frugal with words. According to col- leading voice against restrictions on capitol, and as president of the College Republicans, persuaded Barry Gold- umnist Bob Novak, former majority political speech under the guise of leader Mike Mansfield was the most ‘‘campaign reform.’’ Again, some in his water to come to campus to speak. He did learn the craft of the politics, difficult interview on ‘‘Meet the Press’’ own party disagreed, including Presi- because ‘‘I would ask Mansfield a ques- dent George W. Bush and Senator JOHN and he did get good at it. He is undefeated in his own political cam- tion and he says ‘Yep,’ and then I MCCAIN, but he persisted and on mul- would ask him another one and he’d tiple occasions, the Supreme Court has paigns, winning six Senate races in Kentucky, more than any other Com- say, ‘Nope’ and I’d run out of ques- agreed with MCCONNELL’s view of pro- tions.’’ Former Vice President Dick tecting political speech under the First monwealth Senator. He has been elect- ed Republican leader more than any Cheney, in his constitutional capacity Amendment. as President of the Senate, would at- Two of the three U.S. Senate office other U.S. Senator, each time unani- mously, and he has been proficient in tend weekly luncheons of Republican buildings in Washington, DC, are Senators, rarely saying a word. This named for Philip A. Hart of Michigan not just his own races. In 2010 and 2012, the Senate Conserv- made certain that, when Cheney did and Richard B. Russell, Jr., of Georgia, rise to speak, Senators listened. And two Senators who were never elected to ative Fund helped nominate Repub- lican candidates in five States who lost silence, after all, was one of Benjamin formal leadership positions by their Franklin’s 13 virtues and a tactic colleagues. In this book, Senator the general election when more main- stream conservative nominees might Franklin often employed in his leader- MCCONNELL discusses ‘‘leaders without ship style. have won. So, in 2014 and 2016, MCCON- portfolio’’ in some of his writings, de- In July 2014, when he was minority NELL organized an effort to defend in- scribing occasions when a Senator as- leader, Senator MCCONNELL spoke on cumbent Republican Senators who sumes a major policy role outside of the Senate floor about what kind of were challenged in primaries. He was the confines of formal party or com- majority leader he would be if Repub- successful in every case, including his mittee leadership. His favorite was licans won the majority in the Novem- own primary. This is what he said: Senator Cooper, whom MITCH has de- ber elections. His model, he said, would scribed as ‘‘my role model as a young We were not going to allow [what happened be Mike Mansfield, the Democrat who man, a man of great conviction, very in 2010 and 2012] to happen anymore. And so we got the most electable people nominated was majority leader 45 years earlier smart.’’ In his autobiography ‘‘The who basically took them on, because if when MCCONNELL and I were Senate Long Game,’’ Senator MCCONNELL tells you’re dealing with a group of people who aides. ‘‘What I meant by that,’’ he said, of when Cooper took him to the signing think compromise is a dirty word and who ‘‘was . . . first of all, you have to open of the Civil Rights Act and, later on, of always want to make a point but never want the Senate up. The last year of the pre- watching Cooper’s principled ques- to make a difference, the only thing to do if vious [Democrat] majority (2014) there tioning of the Vietnam war. you want to win the election is to beat them. were only 15 roll call votes on amend- Senator Cooper’s example must have Mostly, MITCH MCCONNELL’s political ments the entire year. In the first year influenced his young intern’s one-man skills were born of necessity. In July of our majority, in 2015, we had over crusade 20 years later against a repres- 1984, he was 34 points behind in his 200. Open the Senate up, let people sive junta in faraway Burma. Accord- challenge to incumbent Democrat Sen- vote. Number two, we needed regular ing to the New York Times, on Sep- ator Dee Huddleston. MCCONNELL dis- order, which means the bill is actually tember 15, 2016, Senator MCCONNELL covered that his opponent had been worked on together in committee, ‘‘has been a lead sponsor of every making speeches for money—now, that comes out to the floor, with bipartisan major sanctions measure against the was legal then—but Dee Huddleston support, and has a better chance of suc- Burmese government over the last 20 had been missing Senate votes to make cess. The best example I can think of

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And by the fault and resulted in the most signifi- the U.S. Senate as a unique institution time it came out of committee, you cant spending reductions in recent in American life have contributed a had the Democrats and the Repub- memory. valuable extra dimension to his Senate licans lined up, it went to the floor, it In late 2012, the United States risked leadership. was relatively open for amendments, prolonging the Great Recession and in- In a 2016 C–SPAN interview, he was not that absolutely everybody got ev- creasing unemployment due to a series asked: ‘‘What would you like for high erything they wanted, and in the end, of expiring tax policies and indiscrimi- school American history teachers to it passed with a very large majority. nate spending cuts scheduled to take tell their students about the United President Obama called it a ‘Christmas effect on January 1, 2013. Once again, States Senate?’’ Miracle’ and the Wall Street Journal Senator MCCONNELL crafted a bipar- He replied: said it was ‘the largest devolution of tisan compromise with Vice President That the Senate has been the indispensable federal control to the states in a quar- Biden to avert this fiscal crisis by pre- legislative body. Because that’s the place ter-century.’’’ venting a tax increase on a majority of where things are sorted out, the place where MCCONNELL is quick to list a series of Americans and making the spending only rarely does the majority get things ex- bipartisan accomplishments during his cuts in a more prudent manner. actly their own way, the place where sta- bility can occur. time as majority leader which he re- Finally, in 2013, a standoff involving gards as ‘‘concrete legislative results Federal spending and the debt limit led And at a time when many Americans for the American people.’’ In addition to the second longest Federal shutdown are not optimistic about our country’s to the first significant education re- since 1980, threatening thousands of future, he was asked: ‘‘What would you form since 2002, these accomplishments public and private sector jobs, and put- want those teachers to tell students include the first significant reforms to ting the economic health of the coun- about their future in this country?’’ MITCH MCCONNELL replied: Social Security since 1983, the first try in jeopardy. Despite these chal- trade promotion authority bill since lenges, Senator MCCONNELL orches- Because of our woeful ignorance of Amer- ican history we always think the current pe- 2002, the first long-term highway bill trated an agreement with then-Senate Majority Leader Harry Reid that re- riod we’re in is tougher than others. We’ve since 2005, and the first major legisla- had nothing like the Civil War period. We tion to confront the Nation’s opioid opened the government and raised the haven’t had a single incident where a Con- crisis. And don’t forget, he says, meas- debt ceiling, allowing the United gressman from South Carolina came over ures to protect victims of human traf- States to continue making payments and almost beat to death a Senator from ficking, to address Puerto Rico’s fiscal on its debt. Massachusetts. America’s had plenty of crisis, to sanction North Korea, to The humorist Roy Blount, Jr., who tough challenges. World Wars. Depressions. strengthen the Nation’s cybersecurity grew up in Georgia has written, ‘‘You This is a great country. We’re going to deal start getting in trouble when you stop with whatever our current problems are, and defenses, to reform Medicaid and to move on to another level. And I’m just as op- provide permanent tax relief for fami- sounding like where you grew up.’’ The political corollary is you start getting timistic as I ever was that this generation is lies and small businesses. These are se- in trouble when you stop coming home. going to leave behind a better America than rious accomplishments for a legislative our parents left behind for us. This is advice MCCONNELL has not for- body many had written off as irredeem- gotten. He and his wife, Elaine, go I thank the Presiding Officer. ably broken. I yield the floor. home to Kentucky almost every week- ‘‘Now, what do all these things that f we have done time after time under our end. He has kept his eye on Kentucky majority have in common?’’ he asks. matters, both large and small, includ- NATIONAL DEFENSE AUTHORIZA- ‘‘In a time of divided government, ing disposal of chemical weapons that TION ACT FOR FISCAL YEAR we’re focusing on the things that we have long been stored in the middle of 2019—Continued can agree on, and do those. Because Kentucky, enacting a tobacco buyout Mr. MCCONNELL. Mr. President, I when people elect divided government, to help local farmers, support for the ask unanimous consent that the Sen- I think what they’re saying is, I know State’s public universities, and his ad- ate resume consideration of H.R. 5515. you have big differences, but why don’t vocacy for workers at the Paducah The PRESIDING OFFICER (Mr. you look for the things you agree on Gaseous Diffusion Plant. Kentucky an- DAINES). Without objection, it is so or- and do those. And that’s how this ma- glers and tourists appreciate his help- dered. jority is totally different from the pre- ing to enact a law to require the Army CLOTURE MOTION vious one.’’ Corps of Engineers to allow fishing Mr. MCCONNELL. Mr. President, I To gather other clues for what kind below the dams on the Cumberland send a cloture motion to the desk for of majority leader MCCONNELL would River. Twenty years ago, he created the Toomey amendment No. 2700. be, one only had to look to previous the McConnell Center at the University The PRESIDING OFFICER. The clo- Congresses when he was minority lead- of Louisville, attracting a bipartisan ture motion having been presented er and was at the center of four major, parade of national leaders to visit with under rule XXII, the Chair directs the bipartisan legislative efforts that 10 scholars chosen each year from each clerk to read the motion. helped to keep the American economy undergraduate class. The senior assistant legislative clerk from being seriously damaged. At the Each year, MITCH MCCONNELL buys 12 read as follows: end of 2010, the country was facing a season tickets to the University of CLOTURE MOTION tax ‘‘cliff.’’ Republicans controlled nei- Louisville football games. He said: We, the undersigned Senators, in accord- ther the White House nor Congress. I have some regulars. We go to every home ance with the provisions of rule XXII of the With an economy still reeling from the game and occasionally an away game. We Standing Rules of the Senate, do hereby make a day of it. We go out early. One of my Great Recession, the expiration of tax move to bring to a close debate on Senate friends has an RV in the parking lot and we amendment No. 2700 to amendment No. 2282, relief threatened to further imperil the will talk about what will happen in the game as modified, to H.R. 5515, an act to authorize economy; yet Senator MCCONNELL led a and then go to the game and then we talk appropriations for fiscal year 2019 for mili- bipartisan effort to ensure that taxes about what did happen after the game and tary activities of the Department of Defense, were not raised on any Americans. it’s a complete, lengthy exercise. And one of for military construction, and for defense ac- The next year, the United States was the great joys of life. tivities of the Department of Energy, to pre- on the verge of defaulting on its debt MITCH MCCONNELL’s University of scribe military personnel strengths for such payments for the first time in history. Louisville honors thesis on Henry Clay fiscal year, and for other purposes. With the clock ticking on the full faith tempted him to pursue a Ph.D. in Pat Toomey, Ted Cruz, Cindy Hyde- and credit of the United States and ca- American history and a career as a pro- Smith, James Lankford, John Cornyn, Roy Blunt, Thom Tillis, Marco Rubio, lamitous economic consequences star- fessor, but those of us who know him Mitch McConnell, Ben Sasse, James M. ing policymakers in the face, Senator doubt that he would have been satisfied Inhofe, James E. Risch, John Barrasso, MCCONNELL negotiated an eleventh interpreting the action rather than Cory Gardner, John Thune, Steve hour deal with Vice President Joe being in the middle of the action, but Daines, Ron Johnson.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.042 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3757 CLOTURE MOTION Krebs, of Virginia, to be Under Sec- hateful extremism and had previously Mr. MCCONNELL. Mr. President, I retary for National Protection and been placed on the FBI’s Terrorist send a cloture motion to the desk for Programs, Department of Homeland Watchlist after earlier investigative the Inhofe amendment No. 2282, as Security. warnings to the FBI were made about modified. Thereupon, the Senate proceeded to him. The PRESIDING OFFICER. The clo- consider the nomination. And, yet, the man was allowed to ture motion having been presented Mr. MCCONNELL. Mr. President, I walk into a gun store, pass a back- under rule XXII, the Chair directs the ask unanimous consent that the Sen- ground check without any notification clerk to read the motion. ate vote on the nomination with no in- to the FBI, and walk out with a Sig The senior assistant legislative clerk tervening action or debate; that if con- Sauer MCX, a modern assault rifle with read as follows: firmed, the motion to reconsider be devastating killing capability. CLOTURE MOTION considered made and laid upon the Alarming statistics over a 10-year pe- We, the undersigned Senators, in accord- table; that the President be imme- riod demonstrate that, from February ance with the provisions of rule XXII of the diately notified of the Senate’s action; 2004 through December 2014, there were Standing Rules of the Senate, do hereby that no further motions be in order; 2,233 cases in which a known or sus- move to bring to a close debate on Senate and that any statements relating to pected terrorist identified in Federal amendment No. 2282, as modified, to H.R. the nomination be printed in the terrorist watchlist records attempted 5515, an act to authorize appropriations for RECORD. to buy or receive a gun or explosives. fiscal year 2019 for military activities of the The PRESIDING OFFICER. Without In 91 percent of these cases—a total Department of Defense, for military con- of 2,043 different times—the known or struction, and for defense activities of the objection, it is so ordered. Department of Energy, to prescribe military The question is, Will the Senate ad- suspected terrorist was cleared to buy personnel strengths for such fiscal year, and vise and consent to the Krebs nomina- or receive the firearm or explosives. In for other purposes. tion? 2013 and 2014 alone, FBI data specifi- Mitch McConnell, Mike Crapo, Deb The nomination was confirmed. cally showed that individuals on ter- Fischer, Mike Rounds, Roger F. f rorist watchlists were involved in fire- Wicker, Ted Cruz, Cindy Hyde-Smith, arm-related background checks 485 James Lankford, Marco Rubio, James LEGISLATIVE SESSION times, and 455 of those—about 94 per- M. Inhofe, John Cornyn, Roy Blunt, cent—were allowed to proceed. Thom Tillis, James E. Risch, John Bar- It appeared there was widespread rasso, Cory Gardner, John Thune. MORNING BUSINESS agreement to finally take action and CLOTURE MOTION Mr. MCCONNELL. Mr. President, I ensure that no one who is a known or Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- suspected terrorist, with ISIL affili- send a cloture motion to the desk for ate resume legislative session for a pe- ations, would be allowed to walk into a the bill, H.R. 5515. riod of morning business, with Sen- gun store and pass a Federal back- The PRESIDING OFFICER. The clo- ators permitted to speak therein for up ground check to obtain a gun. How- ture motion having been presented to 10 minutes each. ever, because of the gun lobby’s stri- under rule XXII, the Chair directs the The PRESIDING OFFICER. Without dent opposition, and Republican sub- clerk to read the motion. objection, it is so ordered. mission to that opposition, the legisla- The senior assistant legislative clerk f tion withered and failed. read as follows: Unfortunately, the problem of mass SECOND ANNIVERSARY OF THE CLOTURE MOTION shootings has continued to devastate PULSE NIGHTCLUB SHOOTING We, the undersigned Senators, in accord- this Nation. In October 2017 in Las ance with the provisions of rule XXII of the Mrs. FEINSTEIN. Mr. President, I Vegas, a single gunman with multiple Standing Rules of the Senate, do hereby rise to solemnly remember the 49 indi- assault rifles outfitted with bump move to bring to a close debate on Calendar viduals who died and the 53 who were stocks killed 58 people gathered to lis- No. 442, H.R. 5515, an act to authorize appro- wounded at Pulse Orlando, an LGBT ten to a concert from his hotel room priations for fiscal year 2019 for military ac- nightclub in Orlando, FL, 2 years ago. tivities of the Department of Defense, for window. Numerous eyewitness ac- military construction, and for defense activi- I will never forget waking up in the counts described the scene as a ties of the Department of Energy, to pre- early hours that Sunday, to hear that a ‘‘warzone.’’ scribe military personnel strengths for such 29-year-old gunman, armed with a Sig In Sutherland Springs, TX, in No- fiscal year, and for other purposes. Sauer MCX assault rifle, walked into a vember 2017, a gunman walked into a Mitch McConnell, Mike Crapo, Deb nightclub and massacred 49 individuals church sanctuary on a Sunday, and Fischer, Mike Rounds, Roger F. in one of the deadliest mass shootings killed 26 people, ranging from the el- Wicker, Ted Cruz, Cindy Hyde-Smith, ever witnessed in our country. derly to young children. James Lankford, Marco Rubio, James To this day, so many lives impacted M. Inhofe, John Cornyn, Roy Blunt, Earlier this year, a 19-year-old gun- Thom Tillis, James E. Risch, John Bar- from the attack are still on the long man who legally purchased an AR–15 rasso, Cory Gardner, John Thune. road to recovery and healing. To all of style rifle just after his 18th birthday Mr. MCCONNELL. Mr. President, I the families and loved ones of those used it to kill 14 of his former high ask unanimous consent that the man- who were lost and injured during the school classmates and three educators datory quorum calls be waived. attack, please continue to accept my at Marjory Stoneman Douglas High The PRESIDING OFFICER. Without deepest condolences. School in Parkland, FL. objection, it is so ordered. Please also know I will not rest until These shootings are heartbreaking. our country is safe from gun violence. f Time and again, I have stood here to We cannot simply sit back and do noth- ask my colleagues to show courage, to EXECUTIVE SESSION ing while mass shootings continue to stand up to the gun lobby, and do devastate our communities, our places something. These calls are only grow- of worship, our music venues, our ing louder. Young people are now also EXECUTIVE CALENDAR schools, and our workplaces. taking to the streets like never before Mr. MCCONNELL. Mr. President, I In the days that followed the Pulse and demanding action. ask unanimous consent that the Sen- nightclub attack, I, along with Senator They are calling for weapons of war ate proceed to executive session for the NELSON and a number of my colleagues, to be taken off of our streets, and they consideration of the following nomina- resurrected calls for legislation to are calling for universal background tion: Executive Calendar No. 835. allow the FBI to deny gun transfers to checks. They are fighting for changes The PRESIDING OFFICER. Without known or suspected terrorists who pose to our laws because they don’t want to objection, it is so ordered. a public safety risk. live in a country where although we The clerk will report the nomination. The legislation was a direct response are 4.4 percent of the world’s popu- The senior assistant legislative clerk to Pulse. In fact, the gunman in Or- lation, we possess over 44 percent of read the nomination of Christopher lando was ISIL-inspired and fueled by the world’s firearms.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JN6.046 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3758 CONGRESSIONAL RECORD — SENATE June 12, 2018 They don’t want to live in a country ing and social activities to promote un- Since 1871, generations of Hawaiians where it is more politically expedient derstanding, reconciliation, accept- have formally celebrated King to bar doorways at schools, rather than ance, dialogue, coexistence, and peace. Kamehameha’s birthday through an- ban assault weapons. They are calling They returned home uniquely posi- nual celebrations—including floral pa- for lawmakers to stand up and do what tioned to lead change and with the rades and lei-draping ceremonies. Ka- is right: to close loopholes in our gun courage to dispel the fear, mistrust, mehameha Day is celebrated across the laws and decisively take steps so they and prejudice that fuel conflict. State and is an acknowledged State feel safe in their schools, their church- It is a pleasure to congratulate this holiday. es, and their communities. remarkable organization on its land- These events recognize the many ac- Their sentiment is captured power- mark 25th anniversary. Seeds of Peace complishments of Hawaii’s first King fully in an article I would like to share, is able to bridge borders and foster and his importance in unifying the Ha- that was written by Glennon Doyle peace in the midst of longstanding waiian Islands. Melton, an author and mother of three global conflicts. Many of those early This year was no different, as this children. campers are now holding decision- past weekend tens of thousands of indi- ‘‘Two weeks ago, my second and making positions in their home coun- viduals gathered in Washington, DC, fourth grade daughters came home tries, and I believe that the ‘‘seeds of and Hawaii to remember his legacy and from school and told me that they’d peace’’ that were planted during their celebrate his accomplishments. had a code red drill... In case someone time in Maine will blossom into last- However, this year’s ceremonies tries to kill us. We had to all hide in ing, visionary solutions to conflicts came at another important time of re- the bathroom together and be really perpetuated by cycles of violence. flection. On February 17, 2018, Gov. David Ige quiet. It was really scary but the Building on the success of the inter- proclaimed 2018 to be the ‘‘Year of the teacher said if there was a real man national program, Seeds of Peace Hawaiian, Ke Au Hawaii’’ in Hawaii. with a gun trying to find us, she’d launched the Maine Seeds leadership The Governor’s proclamation came cover us up and protect us from him. program in 2000 in response to the after the Hawaii State Legislature Tommy started crying. I tried to be changing demographics in our State re- made a similar proclamation for the brave.’’ sulting from a growing refugee popu- lation. These Maine Seeds organize year. She continued: ‘‘My three-year-old So as we gathered to remember King nephew had the same drill at his pre- year-round community and school ac- tivities that bridge divisions and create Kamehameha, we also reflected more school in Virginia. Three-year-old broadly on the achievements and con- American babies and teachers—hiding positive change. Seeds of Peace reveals the human tributions of Hawaii’s indigenous, Na- in bathrooms, holding hands, preparing face of youth who are too often exposed tive Hawaiian community in the areas for death. We are saying to teachers: to hatred by engaging campers in both of politics and government, education arm yourselves and fight men with as- guided coexistence sessions and ordi- and the arts, music, writing and lit- sault weapons because we are too cow- nary summer camp activities, such as erature, sports, business, medicine, ardly to fight the gun lobby. sharing meals, canoeing, swimming, law, and social work. ‘‘We are saying to a terrified genera- playing sports, and exploring cre- We reflected on the restoration and tion of American children—We will not ativity through the arts and com- revitalization of Native Hawaiian lan- do what it takes to protect you. We puters. These interactions and the last- guage and traditions and the impor- will not even try. So just be very quiet, ing friendships formed are creating new tance of promoting Native Hawaiian hide and wait. Hold your breath. generations of leaders who will choose cultural practices. Shhh.’’ dialogue and understanding over vio- We remembered great statesmen like By failing to act, year after year, lence and hatred. Daniel Kahikina Akaka, U.S. Senator these children all across our country In addition to the summer camp in of Native Hawaiian ancestry, who are being forced to live in fear and have Maine, Seeds of Peace provides year- served in Congress over the course of these kinds of ‘‘trainings.’’ round opportunities, through regional five decades and recently passed away. We are asking our teachers to not programming and the innovative use of We remembered philanthropists like focus on teaching math and English, technology, to enable former partici- Princess Bernice Pauahi Bishop. but to wield weapons and fight off pants to build on the relationships It has been 30 years since the last those armed to the teeth with mili- forged at camp, so that the learning Year of the Hawaiian was celebrated in tary-style weapons. That can’t be the processes begun at camp may continue 1988, and important advancements by solution. in the participants’ home countries, and for the Native Hawaiian commu- We can no longer remain silent. We where they are most needed. nity have been made since that time. can no longer do nothing. We must Seeds of Peace is strongly supported We have seen the creation and expan- stand up and fight. Our children and by participating governments and sion of Native Hawaiian immersion the generations to come demand it. I many world leaders. Federal funding schools and Hawaiian-focused charter hope we will finally take action and for Seeds of Peace demonstrates and schools. We have seen the establish- pass these commonsense bills. recognizes the importance of Seeds of ment of a College of Hawaiian Lan- f Peace in promoting the foreign policy guage at the University of Hawaii. We have seen the continued revitalization 25TH ANNIVERSARY OF SEEDS OF goals of the United States. of Native Hawaiian navigation prac- PEACE The Seeds of Peace mission—to in- spire and cultivate new generations of tices, including through the Malama Ms. COLLINS. Mr. President, in 1993, leaders to accelerate the social, eco- Honua Worldwide Voyage, which vis- American journalist and author John nomic, and political changes essential ited more than 150 ports and 23 coun- Wallach hosted a dinner with leaders for peace—is more essential than ever tries and territories. from Israel, Egypt, and the Palestinian before. From a small summer camp in We have seen more than 14,000 Native Authority. As he toasted his guests, he Maine a quarter of a century ago to a Hawaiians serve in the U.S. military. urged each country to send 15 young- global movement today, Seeds of Peace We have seen the return of land and re- sters to a new summer camp he had es- has carried out that vital mission and patriation of Native Hawaiian cultural tablished in Otisfield, ME. That year, brought new hope to the world. artifacts. We have seen the protection 46 teens, ages 13 to 18, and including f of Native Hawaiian burial sites. We three Americans, comprised the first have seen the expansion of Native Ha- class of the Seeds of Peace Camp. YEAR OF THE HAWAIIAN waiian healthcare services. We have Twenty-five years later, Seeds of Ms. HIRONO. Mr. President, last seen the expansion of opportunities for Peace now has 6,698 alumni throughout weekend, we gathered in the Capitol Native Hawaiian businesses. the Middle East, South Asia, Europe, Visitor Center to celebrate the 283rd We have also seen the Federal Gov- and the United States. They came to birthday of King Kamehameha I, who, ernment reiterate its special political Maine from 27 countries, many from to the best of our knowledge, was born and legal relationship with the Hawai- places of conflict, for 3 weeks of camp- in Kohala, HI, in 1735. ian people based on their unique status

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.049 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3759 as an indigenous people of this coun- Mrs. Cole, one of its reading clerks, an- Environmental Protection Agency, transmit- try. nounced that the House has passed the ting, pursuant to law, the report of a rule en- These advancements, while impor- following bill, in which it requests the titled ‘‘Approval and Promulgation of Air tant in themselves, represent a contin- Quality Implementation Plans; Pennsyl- concurrence of the Senate: vania; Removal of Department of Environ- ued commitment to making sure the H.R. 5895. An act making appropriations mental Protection Gasoline Volatility Re- Federal Government upholds its re- for energy and water development and re- quirements for the Pittsburgh-Beaver Valley sponsibilities to the Hawaiian people. lated agencies for the fiscal year ending Sep- Area’’ (FRL No. 9977–44–Region 3) received in So as we continue through the Year tember 30, 2019, and for other purposes. the Office of the President of the Senate on of the Hawaiian and celebrate these f June 11, 2018; to the Committee on Environ- achievements, let us also renew our ment and Public Works. commitment to the Hawaiian people MEASURES READ THE FIRST TIME EC–5511. A communication from the Chair- man of the Board of Governors, U.S. Postal and make sure we continue to fight for The following bill was read the first Service, transmitting, pursuant to law, the future generations. time: Office of Inspector General’s Semiannual Re- Mahalo nui loa. H.R. 5895. An act making appropriations port for the period of October 1, 2017 through f for energy and water development and re- March 31, 2018; to the Committee on Home- land Security and Governmental Affairs. ADDITIONAL STATEMENTS lated agencies for the fiscal year ending Sep- tember 30, 2019, and for other purposes. EC–5512. A communication from the Chief of the Border Security Regulations Branch, f Customs and Border Protection, Department TRIBUTE TO DR. MATT JONES EXECUTIVE AND OTHER of Homeland Security, transmitting, pursu- ∑ ant to law, the report of a rule entitled ‘‘Air Mr. BOOZMAN. Mr. President, today COMMUNICATIONS I wish to offer my congratulations to Cargo Advance Screening (ACAS)’’ (RIN1651– Dr. Matt Jones, the 2018 American Op- The following communications were AB04) received in the Office of the President of the Senate on June 7, 2018; to the Com- tometric Association Young Optom- laid before the Senate, together with accompanying papers, reports, and doc- mittee on Homeland Security and Govern- etrist of the Year. mental Affairs. As the American Optometric Associa- uments, and were referred as indicated: EC–5513. A communication from the Dep- tion, AOA, notes, there are young op- EC–5504. A communication from the Under uty Bureau Chief, Public Safety and Home- tometrists—those who have been in ac- Secretary of Defense (Personnel and Readi- land Security Bureau, Federal Communica- tive practice 10 years or less, including ness), transmitting the report of four (4) offi- tions Commission, transmitting, pursuant to cers authorized to wear the insignia of the residency or fellowship—who often law, the report of a rule entitled ‘‘Amend- grade of rear admiral or rear admiral (lower ment of Part 11 of the Commission’s Rules show remarkable leadership skills half) in accordance with title 10, United Regarding the Emergency Alert System’’ when serving their profession, their pa- States Code, section 777; to the Committee ((PS Docket No. 15–94) (FCC 18–39)) received tients, and their community. on Armed Services. in the Office of the President of the Senate Dr. Matthew Jones graduated from EC–5505. A communication from the Policy on June 11, 2018; to the Committee on Com- the University of Evansville in 2005 Analyst, Department of the Army, Depart- merce, Science, and Transportation. with a bachelor of science in bio- ment of Defense, transmitting, pursuant to EC–5514. A communication from the Asso- chemistry. From there, he attended my law, the report of a rule entitled ‘‘Motor Ve- ciate Bureau Chief, Wireline Competition alma mater, the Southern College of hicle Traffic Supervision (Specific Installa- Bureau, Federal Communications Commis- tions)’’ (RIN0702–AA90) received during ad- sion, transmitting, pursuant to law, the re- Optometry in Memphis, TN, where he journment of the Senate in the Office of the port of a rule entitled ‘‘Connect America graduated with honors in 2009. Dr. President of the Senate on June 8, 2018; to Fund, WC Docket Nos. 18–143, 10–90, 14–58’’ Jones lives in Blytheville, AR, along the Committee on Armed Services. ((RIN3060–AK57) (FCC 18–57)) received in the with his wife and daughter, and prac- EC–5506. A communication from the Law Office of the President of the Senate on June tices in Blytheville and Osceola. Enforcement Policy Analyst, Department of 11, 2018; to the Committee on Commerce, He also serves as president of the Ar- the Army, Department of Defense, transmit- Science, and Transportation. kansas Optometric Association. Dr. ting, pursuant to law, the report of a rule en- f titled ‘‘Use of Force by Personnel Engaged in Jones received the Arkansas Young Op- PETITIONS AND MEMORIALS tometrist of the Year Award in 2012 and Law Enforcement and Security Duties’’ (RIN0702–AA87) received during adjournment The following petitions and memo- serves on many committees in the or- of the Senate in the Office of the President ganization, including State legal legis- rials were laid before the Senate and of the Senate on June 8, 2018; to the Com- were referred or ordered to lie on the lative, national legal legislative, con- mittee on Armed Services. vention, career guidance, and AOP- EC–5507. A communication from the Direc- table as indicated: PAC. He is also a member of the board tor of Legislative Affairs, Federal Deposit POM–243. A joint resolution adopted by the of directors for the AOA’s charitable Insurance Corporation, transmitting, pursu- Legislature of the State of Alabama applying to the United States Congress, pursuant to foundation, Vision Arkansas. ant to law, the report of a rule entitled ‘‘Se- curities Transaction Settlement Cycle’’ Article V of the Constitution of the United In the community, Dr. Jones is a States, to call a convention of the states member of the Blytheville Rotary (RIN3064–AE64) received in the Office of the President of the Senate on June 11, 2018; to limited to proposing an amendment that Club, where he previously served as the Committee on Banking, Housing, and limits the number of terms of office a person treasurer. He is currently chairman of Urban Affairs. may serve as a Member of the United States the Blytheville Rotary Foundation, in EC–5508. A communication from the Sec- House of Representatives and as a Member of addition to being secretary/treasurer of retary, Securities and Exchange Commis- the United States Senate; to the Committee the Great River Charitable Clinic board sion, transmitting, pursuant to law, the re- on the Judiciary. of directors where he provides free port of a rule entitled ‘‘Optional Internet HOUSE JOINT RESOLUTION NO. 23 eyecare services and materials for the Availability of Investment Company Share- Whereas, Article V of the Constitution of under-served. holder Reports’’ (RIN3235–AL42) received the United States provides that Congress during adjournment of the Senate in the Of- We are so proud of Dr. Jones and his shall call a convention for the purpose of fice of the President of the Senate on June 8, proposing an amendment to the Constitution accomplishments. He is a great care 2018; to the Committee on Banking, Housing, upon application by at least two-thirds of provider, leader, and member of the and Urban Affairs. the states urging such action; now therefore, community. This recognition is yet an- EC–5509. A communication from the Direc- be it other example of the respect and admi- tor of the Regulatory Management Division, Resolved by the legislature of Alabama, both ration his peers have for him. Environmental Protection Agency, transmit- houses thereof concurring, That we hereby Congratulations to Dr. Jones on this ting, pursuant to law, the report of a rule en- make application to Congress, pursuant to well-deserved honor, and I look forward titled ‘‘Addition of Nonylphenol Ethoxylates Article V of the Constitution of the United to his continued leadership in the com- Category; Community Right-to-Know Toxic States of America, urging Congress to call a ∑ Chemical Release Reporting’’ (FRL No. 9979– convention limited to proposing an amend- ing years. 16–OSCPP) received in the Office of the ment to the Constitution of the United f President of the Senate on June 11, 2018; to States of America to limit the number of MESSAGE FROM THE HOUSE the Committee on Environment and Public terms a person may serve as a Member of the Works. United States House of Representatives and At 10:56 a.m., a message from the EC–5510. A communication from the Direc- as a Member of the United States Senate. Be House of Representatives, delivered by tor of the Regulatory Management Division, it further

VerDate Sep 11 2014 01:44 Sep 26, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD18\JUNE\S12JN8.REC S12JN8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE S3760 CONGRESSIONAL RECORD — SENATE June 12, 2018 Resolved, That the Alabama Secretary of the Committee on Homeland Security and By Mr. VAN HOLLEN (for himself, Mr. State is directed to transmit copies of this Governmental Affairs. CARDIN, Mr. KAINE, and Mr. WARNER): resolution making application to Congress to By Mr. HOEVEN (for himself and Mr. S. Res. 542. A resolution congratulating the call a convention to the President of the BENNET): Washington Capitals for winning the 2018 United States, the President of the United S. 3051. A bill to require the Secretary of Stanley Cup hockey championship; consid- States Senate, the Speaker of the United Transportation to establish a working group ered and agreed to . States House of Representatives, each mem- to study regulatory and legislative improve- By Mr. RUBIO (for himself and Mr. ber of the Alabama Delegation to the United ments for the livestock, insect, and agricul- NELSON): States Congress, and to the presiding officers tural commodities transport industries, and S. Res. 543. A resolution congratulating the of each of the legislative houses in each for other purposes; to the Committee on Florida State University Seminoles softball state. Be it further Commerce, Science, and Transportation. team for winning the 2018 National Colle- Resolved, That this application shall be By Mr. GARDNER: giate Athletic Association Women’s College considered as covering the same subject mat- S. 3052. A bill to amend the Internal Rev- World Series; considered and agreed to. ter as the applications from other states to enue Code of 1986 to repeal the excise tax on By Ms. HIRONO (for herself, Mr. RUBIO, Congress to call a convention to set a limit heavy trucks and trailers, and for other pur- Mr. NELSON, Mr. WHITEHOUSE, Mr. on the number of terms that a person may be poses; to the Committee on Finance. MARKEY, and Mr. MERKLEY): elected to the United States House of Rep- By Ms. STABENOW (for herself and S. Res. 544. A resolution celebrating June resentatives and the United States Senate; Mr. CASSIDY): 11, 2018, as the 20th anniversary of the estab- and this application shall be combined with S. 3053. A bill to amend title XXI of the So- lishment of the United States Coral Reef the applications of other states for the pur- cial Security Act to ensure access to mental Task Force; considered and agreed to. pose of attaining the two-thirds of the states health and substance use disorder services By Mr. NELSON (for himself, Mr. necessary to require Congress to call a lim- for children and pregnant women under the RUBIO, Ms. CORTEZ MASTO, Mr. COR- ited convention for the purpose of setting Children’s Health Insurance Program, and NYN, Mr. MURPHY, Mrs. ERNST, Mr. term limits on the Members of Congress, but for other purposes; to the Committee on Fi- MARKEY, Ms. BALDWIN, Mr. WHITE- shall not be combined with applications on nance. HOUSE, Mr. CARPER, Mrs. FEINSTEIN, any other subject. Be it further By Mr. PERDUE: Ms. WARREN, Ms. HIRONO, Mr. DUR- Resolved, That this resolution constitutes a S. 3054. A bill to amend title XVIII of the BIN, Ms. HASSAN, Mr. COONS, Mr. continuing application in accordance with Social Security Act to create alternative BROWN, Mr. KAINE, Mr. CASEY, Mr. Article V of the Constitution of the United sanctions for technical noncompliance with MENENDEZ, Mr. BLUMENTHAL, Mr. States until the legislatures of at least two- the Stark rule under Medicare, and for other VAN HOLLEN, Ms. SMITH, Mr. PETERS, thirds of the states have made applications purposes; to the Committee on Finance. Ms. DUCKWORTH, Mr. MERKLEY, Mr. on the same subject. By Ms. HARRIS: INHOFE, Mr. HELLER, Ms. KLOBUCHAR, S. 3055. A bill to waive the fees for replace- Mr. TOOMEY, Mr. SCHATZ, Ms. COL- POM–244. A resolution adopted by the City ment of critical documents for certain indi- LINS, and Mr. CARDIN): Council of Hialeah, Florida memorializing viduals, and to designate child care as a crit- S. Res. 545. A resolution honoring the its support for strengthening the Florida ical service; to the Committee on Homeland memory of the victims of the terrorist at- Ban on Texting While Driving Law by mak- Security and Governmental Affairs. tack on the Pulse Orlando nightclub on June ing it a first offense; to the Committee on By Mr. HOEVEN: 12, 2016; considered and agreed to. Commerce, Science, and Transportation. S. 3056. A bill to establish a more uniform, f f transparent, and modern process to author- ize the construction, connection, operation, ADDITIONAL COSPONSORS EXECUTIVE REPORTS OF and maintenance of international border- S. 256 COMMITTEE crossing facilities for the import and export of oil and natural gas and the transmission At the request of Ms. HEITKAMP, the The following executive reports of of electricity; to the Committee on Energy name of the Senator from Maine (Mr. nominations were submitted: and Natural Resources. KING) was added as a cosponsor of S. By Mr. CRAPO for the Committee on By Mr. PORTMAN (for himself, Ms. 256, a bill to establish the Stop, Ob- Banking, Housing, and Urban Affairs. KLOBUCHAR, Mr. HATCH, Mr. WYDEN, serve, Ask, and Respond to Health and * Michelle Bowman, of Kansas, to be a Mr. RUBIO, Ms. HASSAN, Mr. CASEY, Wellness Training pilot program to ad- Member of the Board of Governors of the Ms. STABENOW, Mr. CORNYN, Mrs. dress human trafficking in the health Federal Reserve System for the unexpired MCCASKILL, Mr. BROWN, Mr. ISAKSON, term of fourteen years from February 1, 2006. Mr. WHITEHOUSE, and Mrs. SHAHEEN): care system. * Richard Clarida, of Connecticut, to be S. 3057. A bill to provide for the processing S. 339 Vice Chairman of the Board of Governors of by U.S. Customs and Border Protection of At the request of Mr. NELSON, the the Federal Reserve System for a term of certain international mail shipments and to names of the Senator from Nevada (Ms. four years. require the provision of advance electronic CORTEZ MASTO) and the Senator from * Richard Clarida, of Connecticut, to be a information on international mail shipments Vermont (Mr. LEAHY) were added as co- Member of the Board of Governors of the of mail; to the Committee on Finance. sponsors of S. 339, a bill to amend title Federal Reserve System for the unexpired f term of fourteen years from February 1, 2008. 10, United States Code, to repeal the requirement for reduction of survivor * Nomination was reported with rec- SUBMISSION OF CONCURRENT AND annuities under the Survivor Benefit ommendation that it be confirmed sub- SENATE RESOLUTIONS Plan by veterans’ dependency and in- ject to the nominee’s commitment to The following concurrent resolutions demnity compensation, and for other respond to requests to appear and tes- and Senate resolutions were read, and purposes. tify before any duly constituted com- referred (or acted upon), as indicated: S. 515 mittee of the Senate. By Mrs. FEINSTEIN (for herself, Mr. At the request of Mr. CASEY, the f SULLIVAN, and Ms. HARRIS): S. Res. 540. A resolution expressing the name of the Senator from Michigan INTRODUCTION OF BILLS AND sense of the Senate that flowers grown in the (Mr. PETERS) was added as a cosponsor JOINT RESOLUTIONS United States support the farmers, small of S. 515, a bill to require the Secretary The following bills and joint resolu- businesses, jobs, and economy of the United of Labor to maintain a publicly avail- tions were introduced, read the first States, that flower farming is an honorable able list of all employers that relocate vocation, and designating July as ‘‘American and second times by unanimous con- a call center overseas, to make such Grown Flower Month’’; to the Committee on companies ineligible for Federal grants sent, and referred as indicated: the Judiciary. By Mr. WYDEN (for himself, Mrs. By Mr. MERKLEY (for himself, Mr. or guaranteed loans, and to require dis- GILLIBRAND, Ms. WARREN, Mrs. MUR- PAUL, and Mr. MARKEY): closure of the physical location of busi- RAY, Mr. MARKEY, and Mr. MERKLEY): S. Res. 541. A resolution expressing the ness agents engaging in customer serv- S. 3049. A bill to amend the Help America sense of the Senate that any United States- ice communications, and for other pur- Vote Act of 2002 to require paper ballots and Saudi Arabia civilian nuclear cooperation poses. risk limiting audits in all Federal elections, agreement must prohibit the Kingdom of S. 802 and for other purposes; to the Committee on Saudi Arabia from enriching uranium or sep- Rules and Administration. arating plutonium on its own territory, in At the request of Mr. BROWN, the By Mr. PORTMAN: keeping with the strongest possible non- names of the Senator from Illinois (Mr. S. 3050. A bill to improve executive agency proliferation ‘‘gold standard’’; to the Com- DURBIN) and the Senator from Min- digital services, and for other purposes; to mittee on Foreign Relations. nesota (Ms. KLOBUCHAR) were added as

VerDate Sep 11 2014 05:37 Sep 22, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD18\JUNE\S12JN8.REC S12JN8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3761 cosponsors of S. 802, a bill to award a same level of Federal matching assist- quire e-prescribing for coverage under Congressional Gold Medal in honor of ance for every State that chooses to part D of the Medicare program of pre- Lawrence Eugene ‘‘Larry’’ Doby in rec- expand Medicaid coverage to newly eli- scription drugs that are controlled sub- ognition of his achievements and con- gible individuals, regardless of when stances. tributions to American major league such expansion takes place. S. 2468 athletics, civil rights, and the Armed S. 1580 At the request of Ms. HIRONO, the Forces during World War II. At the request of Mr. RUBIO, the name of the Senator from New Mexico S. 817 name of the Senator from Rhode Island (Mr. UDALL) was added as a cosponsor At the request of Mr. CASEY, the (Mr. REED) was added as a cosponsor of of S. 2468, a bill to provide access to name of the Senator from Kansas (Mr. S. 1580, a bill to enhance the trans- counsel for unaccompanied alien chil- ROBERTS) was added as a cosponsor of parency, improve the coordination, and dren. S. 817, a bill to amend the Internal intensify the impact of assistance to S. 2471 Revenue Code of 1986 to increase the support access to primary and sec- At the request of Mr. SCHATZ, the age requirement with respect to eligi- ondary education for displaced children name of the Senator from Rhode Island bility for qualified ABLE programs. and persons, including women and (Mr. WHITEHOUSE) was added as a co- girls, and for other purposes. S. 974 sponsor of S. 2471, a bill to amend title At the request of Mr. LEAHY, the S. 1677 18, United States Code, to improve the names of the Senator from Iowa (Mrs. At the request of Mr. DONNELLY, the compassionate release process of the ERNST) and the Senator from New Jer- name of the Senator from Nevada (Ms. Bureau of Prisons, and for other pur- sey (Mr. MENENDEZ) were added as co- CORTEZ MASTO) was added as a cospon- poses. sponsors of S. 974, a bill to promote sor of S. 1677, a bill to amend the Food, S. 2578 competition in the market for drugs Agriculture, Conservation, and Trade and biological products by facilitating Act of 1990 to improve access to grants At the request of Mr. SCHATZ, the the timely entry of lower-cost generic and loans for evidence-based substance name of the Senator from Rhode Island and biosimilar versions of those drugs use disorder treatment services in (Mr. REED) was added as a cosponsor of and biological products. rural areas, and for other purposes. S. 2578, a bill to amend title 13, United States Code, to require the Secretary S. 1050 S. 1678 of Commerce to provide advanced no- At the request of Mr. TOOMEY, his At the request of Mr. DONNELLY, the tice to Congress before changing any name was added as a cosponsor of S. name of the Senator from Nevada (Ms. questions on the decennial census, and 1050, a bill to award a Congressional CORTEZ MASTO) was added as a cospon- for other purposes. Gold Medal, collectively, to the Chi- sor of S. 1678, a bill to amend the Con- nese-American Veterans of World War solidated Farm and Rural Development S. 2955 II, in recognition of their dedicated Act to improve access to grants and At the request of Mr. WICKER, the service during World War II. loans for evidence-based substance use name of the Senator from Louisiana ENNEDY S. 1212 disorder treatment services in rural (Mr. K ) was added as a cospon- sor of S. 2955, a bill to reform the Mo- At the request of Mrs. FEINSTEIN, the areas, and for other purposes. bility Fund Phase II challenge process name of the Senator from Maine (Mr. S. 1947 conducted by the Federal Communica- KING) was added as a cosponsor of S. At the request of Mr. BROWN, the 1212, a bill to provide family members name of the Senator from Minnesota tions Commission. of an individual who they fear is a dan- (Ms. SMITH) was added as a cosponsor S. 2957 ger to himself, herself, or others, and of S. 1947, a bill to improve food safety, At the request of Mr. CRAPO, the law enforcement, with new tools to to encourage greater production of ag- name of the Senator from Delaware prevent gun violence. ricultural commodities for use in the (Mr. COONS) was added as a cosponsor S. 1324 locality of production, to reauthorize of S. 2957, a bill to amend the Horse At the request of Mr. CASEY, the and expand Department of Agriculture Protection Act to designate additional name of the Senator from Florida (Mr. support of those efforts, and for other unlawful acts under the Act, strength- NELSON) was added as a cosponsor of S. purposes. en penalties for violations of the Act, 1324, a bill to prevent a person who has S. 2061 improve Department of Agriculture en- been convicted of a misdemeanor hate At the request of Mr. NELSON, the forcement of the Act, and for other crime, or received an enhanced sen- name of the Senator from Nevada (Ms. purposes. tence for a misdemeanor because of CORTEZ MASTO) was added as a cospon- S. 2970 hate or bias in its commission, from sor of S. 2061, a bill to further deploy- At the request of Mr. DAINES, the obtaining a firearm. ment of Next Generation 9–1–1 services name of the Senator from Kansas (Mr. S. 1354 to enhance and upgrade the Nation’s 9– MORAN) was added as a cosponsor of S. At the request of Mr. CARPER, the 1–1 systems, and for other purposes. 2970, a bill to amend the Rural Elec- name of the Senator from Nevada (Ms. S. 2080 trification Act of 1936 to provide re- CORTEZ MASTO) was added as a cospon- At the request of Ms. WARREN, the quirements on the use of assistance for sor of S. 1354, a bill to establish an In- name of the Senator from Nevada (Ms. broadband deployment, and for other dividual Market Reinsurance fund to CORTEZ MASTO) was added as a cospon- purposes. provide funding for State individual sor of S. 2080, a bill to increase the role S. RES. 168 market stabilization reinsurance pro- of the financial industry in combating At the request of Mr. CARDIN, the grams. human trafficking. name of the Senator from Massachu- S. 1520 S. 2221 setts (Ms. WARREN) was added as a co- At the request of Mr. WICKER, the At the request of Mr. JOHNSON, the sponsor of S. Res. 168, a resolution sup- name of the Senator from New Jersey names of the Senator from Arizona porting respect for human rights and (Mr. BOOKER) was added as a cosponsor (Mr. MCCAIN), the Senator from Ken- encouraging inclusive governance in of S. 1520, a bill to expand recreational tucky (Mr. PAUL) and the Senator from Ethiopia. fishing opportunities through enhanced Montana (Mr. DAINES) were added as S. RES. 407 marine fishery conservation and man- cosponsors of S. 2221, a bill to repeal At the request of Mr. COONS, the agement, and for other purposes. the multi-State plan program. name of the Senator from New Jersey S. 1545 S. 2460 (Mr. BOOKER) was added as a cosponsor At the request of Mr. WARNER, the At the request of Mr. BENNET, the of S. Res. 407, a resolution recognizing name of the Senator from Alabama name of the Senator from Minnesota the critical work of human rights de- (Mr. JONES) was added as a cosponsor (Ms. KLOBUCHAR) was added as a co- fenders in promoting human rights, the of S. 1545, a bill to amend title XIX of sponsor of S. 2460, a bill to amend title rule of law, democracy, and good gov- the Social Security Act to provide the XVIII of the Social Security Act to re- ernance.

VerDate Sep 11 2014 06:40 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.012 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3762 CONGRESSIONAL RECORD — SENATE June 12, 2018 S. RES. 501 AMENDMENT NO. 2367 (Mr. CARDIN) was added as a cosponsor At the request of Mr. CASEY, the At the request of Ms. CORTEZ MASTO, of amendment No. 2578 intended to be name of the Senator from New Hamp- the name of the Senator from Texas proposed to H.R. 5515, to authorize ap- shire (Ms. HASSAN) was added as a co- (Mr. CORNYN) was added as a cosponsor propriations for fiscal year 2019 for sponsor of S. Res. 501, a resolution rec- of amendment No. 2367 intended to be military activities of the Department ognizing threats to freedom of the proposed to H.R. 5515, to authorize ap- of Defense, for military construction, press and expression around the world propriations for fiscal year 2019 for and for defense activities of the De- and reaffirming freedom of the press as military activities of the Department partment of Energy, to prescribe mili- a priority in efforts of the Government of Defense, for military construction, tary personnel strengths for such fiscal of the United States to promote democ- and for defense activities of the De- year, and for other purposes. racy and good governance. partment of Energy, to prescribe mili- AMENDMENT NO. 2625 S. RES. 526 tary personnel strengths for such fiscal At the request of Mr. SCHATZ, the At the request of Mrs. MURRAY, the year, and for other purposes. name of the Senator from Georgia (Mr. name of the Senator from New Hamp- AMENDMENT NO. 2385 PERDUE) was added as a cosponsor of shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. HEINRICH, the amendment No. 2625 intended to be pro- sponsor of S. Res. 526, a resolution ex- names of the Senator from Michigan posed to H.R. 5515, to authorize appro- pressing the sense of the Senate that (Ms. STABENOW) and the Senator from priations for fiscal year 2019 for mili- politicians should not interfere with a Georgia (Mr. PERDUE) were added as co- tary activities of the Department of woman’s personal health care decisions sponsors of amendment No. 2385 in- Defense, for military construction, and or attempt to prevent providers from tended to be proposed to H.R. 5515, to for defense activities of the Depart- offering their full medical rec- authorize appropriations for fiscal year ment of Energy, to prescribe military ommendations to their patients. 2019 for military activities of the De- personnel strengths for such fiscal S. RES. 539 partment of Defense, for military con- year, and for other purposes. At the request of Mr. WICKER, the struction, and for defense activities of AMENDMENT NO. 2630 names of the Senator from Texas (Mr. the Department of Energy, to prescribe At the request of Mr. BLUMENTHAL, CORNYN) and the Senator from Florida military personnel strengths for such the name of the Senator from Texas (Mr. RUBIO) were added as cosponsors fiscal year, and for other purposes. (Mr. CORNYN) was added as a cosponsor of S. Res. 539, a resolution urging the AMENDMENT NO. 2411 of amendment No. 2630 intended to be President to strengthen efforts of the At the request of Mr. NELSON, the proposed to H.R. 5515, to authorize ap- United States to combat religious free- names of the Senator from Arkansas propriations for fiscal year 2019 for dom violations in Eurasia, especially (Mr. BOOZMAN), the Senator from New military activities of the Department the use of torture or cruel, inhuman, or Jersey (Mr. BOOKER), the Senator from of Defense, for military construction, degrading treatment or punishment, California (Ms. HARRIS), the Senator and for defense activities of the De- prolonged detention without charges, from Nevada (Ms. CORTEZ MASTO), the partment of Energy, to prescribe mili- causing the disappearance of persons Senator from New Jersey (Mr. MENEN- tary personnel strengths for such fiscal by the abduction or clandestine deten- DEZ), the Senator from Nevada (Mr. year, and for other purposes. tion of those persons, and other fla- HELLER), the Senator from Rhode Is- AMENDMENT NO. 2648 grant denial of the right to life, lib- land (Mr. WHITEHOUSE) and the Senator At the request of Mr. GRAHAM, the erty, or the security of persons. from Vermont (Mr. LEAHY) were added name of the Senator from Georgia (Mr. AMENDMENT NO. 2331 as cosponsors of amendment No. 2411 PERDUE) was added as a cosponsor of At the request of Mr. CARDIN, the intended to be proposed to H.R. 5515, to amendment No. 2648 intended to be pro- name of the Senator from Oregon (Mr. authorize appropriations for fiscal year posed to H.R. 5515, to authorize appro- MERKLEY) was added as a cosponsor of 2019 for military activities of the De- priations for fiscal year 2019 for mili- amendment No. 2331 intended to be pro- partment of Defense, for military con- tary activities of the Department of posed to H.R. 5515, to authorize appro- struction, and for defense activities of Defense, for military construction, and priations for fiscal year 2019 for mili- the Department of Energy, to prescribe for defense activities of the Depart- tary activities of the Department of military personnel strengths for such ment of Energy, to prescribe military Defense, for military construction, and fiscal year, and for other purposes. personnel strengths for such fiscal for defense activities of the Depart- AMENDMENT NO. 2412 year, and for other purposes. ment of Energy, to prescribe military At the request of Mr. NELSON, the AMENDMENT NO. 2660 personnel strengths for such fiscal names of the Senator from New Jersey At the request of Mr. SANDERS, the year, and for other purposes. (Mr. MENENDEZ) and the Senator from names of the Senator from Connecticut AMENDMENT NO. 2346 Nevada (Mr. HELLER) were added as co- (Mr. MURPHY) and the Senator from At the request of Mr. CARDIN, the sponsors of amendment No. 2412 in- New York (Mrs. GILLIBRAND) were name of the Senator from Vermont tended to be proposed to H.R. 5515, to added as cosponsors of amendment No. (Mr. LEAHY) was added as a cosponsor authorize appropriations for fiscal year 2660 intended to be proposed to H.R. of amendment No. 2346 intended to be 2019 for military activities of the De- 5515, to authorize appropriations for proposed to H.R. 5515, to authorize ap- partment of Defense, for military con- fiscal year 2019 for military activities propriations for fiscal year 2019 for struction, and for defense activities of of the Department of Defense, for mili- military activities of the Department the Department of Energy, to prescribe tary construction, and for defense ac- of Defense, for military construction, military personnel strengths for such tivities of the Department of Energy, and for defense activities of the De- fiscal year, and for other purposes. to prescribe military personnel partment of Energy, to prescribe mili- AMENDMENT NO. 2571 strengths for such fiscal year, and for tary personnel strengths for such fiscal At the request of Ms. KLOBUCHAR, the other purposes. year, and for other purposes. name of the Senator from Florida (Mr. AMENDMENT NO. 2662 AMENDMENT NO. 2365 NELSON) was added as a cosponsor of At the request of Mr. WARNER, the At the request of Ms. KLOBUCHAR, the amendment No. 2571 intended to be pro- names of the Senator from Maryland name of the Senator from Florida (Mr. posed to H.R. 5515, to authorize appro- (Mr. VAN HOLLEN) and the Senator NELSON) was added as a cosponsor of priations for fiscal year 2019 for mili- from Hawaii (Ms. HIRONO) were added amendment No. 2365 intended to be pro- tary activities of the Department of as cosponsors of amendment No. 2662 posed to H.R. 5515, to authorize appro- Defense, for military construction, and intended to be proposed to H.R. 5515, to priations for fiscal year 2019 for mili- for defense activities of the Depart- authorize appropriations for fiscal year tary activities of the Department of ment of Energy, to prescribe military 2019 for military activities of the De- Defense, for military construction, and personnel strengths for such fiscal partment of Defense, for military con- for defense activities of the Depart- year, and for other purposes. struction, and for defense activities of ment of Energy, to prescribe military AMENDMENT NO. 2578 the Department of Energy, to prescribe personnel strengths for such fiscal At the request of Mr. MENENDEZ, the military personnel strengths for such year, and for other purposes. name of the Senator from Maryland fiscal year, and for other purposes.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.013 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3763 AMENDMENT NO. 2676 for defense activities of the Depart- Whereas nearly 30 percent of households in At the request of Mr. MENENDEZ, the ment of Energy, to prescribe military the United States purchase fresh cut flowers name of the Senator from Maryland personnel strengths for such fiscal and greens from more than 16,000 florists and floral establishments each year; (Mr. CARDIN) was added as a cosponsor year, and for other purposes. Whereas the people of the United States in- of amendment No. 2676 intended to be AMENDMENT NO. 2750 creasingly want to support domestically pro- proposed to H.R. 5515, to authorize ap- At the request of Mr. RUBIO, the duced foods and agricultural products and propriations for fiscal year 2019 for name of the Senator from Florida (Mr. would prefer to buy locally grown flowers military activities of the Department NELSON) was added as a cosponsor of whenever possible, yet a majority of domes- of Defense, for military construction, amendment No. 2750 intended to be pro- tic consumers do not know where the flowers and for defense activities of the De- posed to H.R. 5515, to authorize appro- they purchase are grown; partment of Energy, to prescribe mili- Whereas in response to increased demand, priations for fiscal year 2019 for mili- the ‘‘Certified American Grown Flowers’’ tary personnel strengths for such fiscal tary activities of the Department of logo was created in July 2014 in order to edu- year, and for other purposes. Defense, for military construction, and cate and empower consumers to purchase AMENDMENT NO. 2681 for defense activities of the Depart- flowers from domestic producers; At the request of Mr. MENENDEZ, the ment of Energy, to prescribe military Whereas, as of April 2017, millions of stems name of the Senator from Illinois (Mr. personnel strengths for such fiscal of domestically grown flowers are now ‘‘Cer- tified American Grown’’; DURBIN) was added as a cosponsor of year, and for other purposes. Whereas domestic flower farmers produce amendment No. 2681 intended to be pro- AMENDMENT NO. 2757 thousands of varieties of flowers across the posed to H.R. 5515, to authorize appro- At the request of Mr. SCHUMER, the United States, such as peonies in Alaska, priations for fiscal year 2019 for mili- name of the Senator from New York Gerbera daisies in California, lupines in tary activities of the Department of (Mrs. GILLIBRAND) was added as a co- Maine, tulips in Washington, lilies in Or- Defense, for military construction, and sponsor of amendment No. 2757 in- egon, and larkspur in Texas; for defense activities of the Depart- tended to be proposed to H.R. 5515, to Whereas the 5 flower varieties with the highest United States production are tulips, ment of Energy, to prescribe military authorize appropriations for fiscal year personnel strengths for such fiscal Gerbera daisies, lilies, gladiolas and irises; 2019 for military activities of the De- Whereas people in every State have access year, and for other purposes. partment of Defense, for military con- to domestically grown flowers, yet only 1 of AMENDMENT NO. 2696 struction, and for defense activities of 5 flowers sold in the United States is domes- At the request of Mr. MENENDEZ, the the Department of Energy, to prescribe tically grown; names of the Senator from Maryland military personnel strengths for such Whereas the domestic cut flower industry (Mr. CARDIN) and the Senator from Illi- fiscal year, and for other purposes. creates almost $42,000,000 in economic impact daily and supports hundreds of growers, nois (Mr. DURBIN) were added as co- AMENDMENT NO. 2783 thousands of small businesses, and tens of sponsors of amendment No. 2696 in- At the request of Mrs. ERNST, the thousands of jobs in the United States; tended to be proposed to H.R. 5515, to name of the Senator from Washington Whereas more people in the United States authorize appropriations for fiscal year (Ms. CANTWELL) was withdrawn as a co- are expressing interest in growing flowers lo- 2019 for military activities of the De- sponsor of amendment No. 2783 in- cally, which has resulted in an approxi- partment of Defense, for military con- tended to be proposed to H.R. 5515, to mately 20 percent increase in the number of struction, and for defense activities of authorize appropriations for fiscal year domestic cut flower farms between 2007 and the Department of Energy, to prescribe 2012; 2019 for military activities of the De- Whereas most domestic cut flowers and military personnel strengths for such partment of Defense, for military con- greens are sold in the United States within fiscal year, and for other purposes. struction, and for defense activities of 24 to 48 hours after harvest and last longer AMENDMENT NO. 2725 the Department of Energy, to prescribe than flowers shipped longer distances; At the request of Mr. LEE, the names military personnel strengths for such Whereas flowers grown domestically en- of the Senator from Kansas (Mr. ROB- fiscal year, and for other purposes. hance the ability of the people of the United States to festively celebrate weddings and ERTS), the Senator from Kansas (Mr. f births, and honor those who have passed; MORAN), and the Senator from Utah SUBMITTED RESOLUTIONS Whereas flower-giving has been a holiday (Mr. HATCH) were added as cosponsors tradition in the United States for genera- of amendment No. 2725 intended to be tions; proposed to H.R. 5515, to authorize ap- SENATE RESOLUTION 540—EX- Whereas flowers speak to the beauty of propriations for fiscal year 2019 for PRESSING THE SENSE OF THE motherhood on Mother’s Day and to the spir- military activities of the Department SENATE THAT FLOWERS GROWN it of love on Valentine’s Day; Whereas flowers are an essential part of of Defense, for military construction, IN THE UNITED STATES SUP- and for defense activities of the De- other holidays such as Thanksgiving, Christ- PORT THE FARMERS, SMALL mas, Hanukkah, and Kwanzaa; partment of Energy, to prescribe mili- BUSINESSES, JOBS, AND ECON- Whereas flowers help commemorate the tary personnel strengths for such fiscal OMY OF THE UNITED STATES, service and sacrifice of our Armed Forces on year, and for other purposes. THAT FLOWER FARMING IS AN Memorial Day and Veterans Day; and AMENDMENT NO. 2726 HONORABLE VOCATION, AND Whereas the Senate encourages the cul- At the request of Mr. LEE, the name DESIGNATING JULY AS ‘‘AMER- tivation of flowers in the United States by of the Senator from Utah (Mr. HATCH) ICAN GROWN FLOWER MONTH’’ domestic flower farmers: Now, therefore, be it was added as a cosponsor of amend- Mrs. FEINSTEIN (for herself, Mr. Resolved, That the Senate— ment No. 2726 intended to be proposed SULLIVAN, and Ms. HARRIS) submitted (1) designates July 2018 as ‘‘American to H.R. 5515, to authorize appropria- the following resolution; which was re- Grown Flower Month’’; tions for fiscal year 2019 for military ferred to the Committee on the Judici- (2) recognizes that purchasing flowers grown in the United States supports the activities of the Department of De- ary: fense, for military construction, and farmers, small businesses, jobs, and economy S. RES. 540 for defense activities of the Depart- of the United States; ment of Energy, to prescribe military Whereas cut flower growers in the United (3) recognizes that growing flowers and States are hard-working, dedicated individ- greens in the United States is a vital part of personnel strengths for such fiscal uals who bring beauty, economic stimulus, the agricultural industry of the United year, and for other purposes. and pride to their communities and the na- States; AMENDMENT NO. 2730 tion; (4) recognizes that cultivating flowers do- At the request of Mr. LEE, the name Whereas the people of the United States mestically enhances the ability of the people of the Senator from Utah (Mr. HATCH) have a long history of using flowers and of the United States to festively celebrate was added as a cosponsor of amend- greens grown in the United States to bring holidays and special occasions; and ment No. 2730 intended to be proposed beauty to important events and express af- (5) urges all people of the United States to fection for loved ones; proactively showcase flowers and greens to H.R. 5515, to authorize appropria- Whereas consumers spend almost grown in the United States in order to show tions for fiscal year 2019 for military $27,000,000,000 each year on floral products, support for our flower farmers, processors, activities of the Department of De- including cut flowers, garden plants, bed- and distributors as well as agriculture in the fense, for military construction, and ding, and indoor plants; United States overall.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.014 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3764 CONGRESSIONAL RECORD — SENATE June 12, 2018 SENATE RESOLUTION 541—EX- Whereas tens of thousands of Capitals fans Women’s College World Series after sweeping PRESSING THE SENSE OF THE watched Game 5 of the Stanley Cup Final the University of Washington Huskies 2–0 in SENATE THAT ANY UNITED outside of Capital One Arena in Washington, Oklahoma City, Oklahoma; STATES-SAUDI ARABIA CIVILIAN DC; Whereas the Florida State University Whereas Ted Leonsis, chief executive offi- Seminoles softball team has competed in 10 NUCLEAR COOPERATION AGREE- cer of Monumental Sports and owner of the Women’s College World Series tournaments; MENT MUST PROHIBIT THE Washington Capitals since 1999, has built a Whereas, in winning the 2018 Women’s Col- KINGDOM OF SAUDI ARABIA culture of success and contributed greatly to lege World Series, the Florida State Univer- FROM ENRICHING URANIUM OR the Washington, DC, community through sity Seminoles softball team— SEPARATING PLUTONIUM ON ITS philanthropy; (1) won its first Women’s College World Se- OWN TERRITORY, IN KEEPING Whereas John Walton, radio announcer for ries Championship; and (2) won Florida State University’s 15th na- WITH THE STRONGEST POSSIBLE the Capitals, is beloved by Capitals fans and prophetically asserted this playoffs, ‘‘It’s OK tional championship in a team sport since NONPROLIFERATION ‘‘GOLD to believe.’’; the university began fielding intercollegiate STANDARD’’ Whereas Alexander Ovechkin, captain of athletic teams in 1946; Mr. MERKLEY (for himself, Mr. the Washington Capitals since 2010 and the Whereas the Florida State University soft- PAUL, and Mr. MARKEY) submitted the first overall pick in the 2004 National Hockey ball team finished the season with a record following resolution; which was re- League draft, exhibited extraordinary lead- of 58 wins and 12 losses; ership and delivered superstar-caliber play, Whereas infielder Jessie Warren was ferred to the Committee on Foreign leading all scorers in the Stanley Cup play- named Most Outstanding Player of the 2018 Relations: offs with 15 goals and receiving the Conn Women’s College World Series, tying the Na- S. RES. 541 Smythe Trophy as the most valuable player tional Collegiate Athletic Association (re- Whereas the Treaty on the Non-Prolifera- for the 2018 Stanley Cup playoffs; ferred to in this preamble as the ‘‘NCAA’’) tion of Nuclear Weapons, done at Wash- Whereas during the 2018 Stanley Cup play- record for hits in a Women’s College World ington, London, and Moscow July 1, 1968 offs, Braden Holtby recorded a remarkable Series; (NPT), which is nearing its fiftieth anniver- 0.922 save percentage and 2 shutouts; Whereas pitcher Meghan King finished the sary, obligates non-nuclear weapon states, in Whereas during the 2018 Stanley Cup play- Women’s College World Series allowing only Article II, ‘‘not to receive the transfer from offs, Evgeny Kuznetsov recorded 32 points, 1 earned run over 34 innings of pitching, the any transferor whatsoever of nuclear weap- including 12 goals and 20 assists, the second lowest earned run average in a Women’s Col- ons or other nuclear explosive devices or of most points scored in a Stanley Cup playoff lege World Series in NCAA history; and control over such weapons or explosive de- year since 1997, and was only the fifth player Whereas the Florida State University vices directly, or indirectly; not to manufac- to record 30 or more points in a single Stan- Seminoles softball team is the 2018 NCAA Di- ture or otherwise acquire nuclear weapons or ley Cup playoff year since 1997; vision I National Champion: Now, therefore, other nuclear explosive devices; and not to Whereas Barry Trotz, head coach of the be it seek or receive any assistance in the manu- Capitals, and the entire coaching staff kept Resolved, That the Senate— facture of nuclear weapons or other nuclear the Capitals composed and organized, despite (1) commends Florida State University for explosive devices’’: Now, therefore, be it facing obstacles and adversity throughout winning the 2018 National Collegiate Ath- Resolved, That it is the sense of the Senate the regular season and Stanley Cup playoffs; letic Association Women’s College World Se- that any United States-Saudi Arabia civilian and ries; nuclear cooperation agreement under section Whereas the entire Capitals roster banded (2) recognizes the achievement and dedica- 123 of the Atomic Energy Act of 1954 (42 together as one family to contribute to the tion of all players, coaches, and support staff U.S.C. 2153), commonly known as a ‘‘123 Stanley Cup victory, including Nicklas who contributed to winning the Women’s Agreement’’, concluded in the future, must Backstrom, Jay Beagle, Travis Boyd, Madi- College World Series; prohibit the Kingdom of Saudi Arabia from son Bowey, Andre Burakovsky, John Carl- (3) congratulates the citizens of Florida, enriching uranium or separating plutonium son, Alex Chiasson, Brett Connolly, Pheonix Florida State University, and Seminole fans on its own territory, in keeping with the Copley, Christian Djoos, Lars Eller, Shane everywhere; and strongest possible nonproliferation ‘‘gold Gersich, Philipp Grubauer, Braden Holtby, (4) requests that the Secretary of the Sen- standard’’. Jakub Jerabek, Michal Kempny, Evgeny ate transmit an enrolled copy of this resolu- f Kuznetsov, Matt Niskanen, Dmitry Orlov, tion to— Brooks Orpik, T.J. Oshie, Alex Ovechkin, (A) John E. Thrasher, President of Florida SENATE RESOLUTION 542—CON- Devante Smith-Pelly, Chandler Stephenson, State University; GRATULATING THE WASHINGTON Jakub Vrana, Nathan Walker, and Tom Wil- (B) Stan Wilcox, Director of Athletics of CAPITALS FOR WINNING THE 2018 son: Now, therefore, be it Florida State University; and STANLEY CUP HOCKEY CHAM- Resolved, That the Senate— (C) Lonni Alameda, Head Coach of the PIONSHIP (1) congratulates the Washington Capitals Florida State University softball team. and their dedicated fans for becoming the f Mr. VAN HOLLEN (for himself, Mr. 2018 National Hockey League Stanley Cup CARDIN, Mr. KAINE, and Mr. WARNER) champions; and SENATE RESOLUTION 544—CELE- submitted the following resolution; (2) respectfully directs the Secretary of the BRATING JUNE 11, 2018, AS THE which was considered and agreed to: Senate to transmit an enrolled copy of this 20TH ANNIVERSARY OF THE ES- resolution to— S. RES. 542 TABLISHMENT OF THE UNITED (A) the founder, chairman, majority owner, STATES CORAL REEF TASK Whereas, on June 7, 2018, the Washington and chief executive officer of Monumental Capitals won the 2018 Stanley Cup hockey Sports and owner of the Washington Cap- FORCE championship; itals, Ted Leonsis; Ms. HIRONO (for herself, Mr. RUBIO, Whereas the Capitals, in their 44th year (B) the senior vice president and general Mr. NELSON, Mr. WHITEHOUSE, Mr. MAR- playing in the National Hockey League, won manager of the Washington Capitals, Brian KEY, and Mr. MERKLEY) submitted the their first Stanley Cup; MacLellan; and Whereas the Capitals defeated the Vegas following resolution; which was consid- (C) the head coach of the Washington Cap- ered and agreed to: Golden Knights in the Stanley Cup Final in itals, Barry Trotz. 5 games, clinching the series with 4 wins and S. RES. 544 f 1 loss, including 4 wins in a row to close out Whereas 2018 marks the 20th anniversary of the series; SENATE RESOLUTION 543—CON- the establishment of the United States Coral Whereas the Capitals overcame 3 series GRATULATING THE FLORIDA Reef Task Force; deficits to 3 opponents en route to the Stan- STATE UNIVERSITY SEMINOLES Whereas the United States Coral Reef Task ley Cup Final, defeating the Columbus Blue SOFTBALL TEAM FOR WINNING Force— Jackets, the Pittsburgh Penguins, and the (1) was established under Executive Order Tampa Bay Lightning to clinch the Eastern THE 2018 NATIONAL COLLEGIATE 13089 (63 Fed. Reg. 32701; relating to coral Conference title and win their second Prince ATHLETIC ASSOCIATION WOM- reef protection) on June 11, 1998, ‘‘to preserve of Wales Trophy; EN’S COLLEGE WORLD SERIES and protect the biodiversity, health, herit- Whereas the Capitals became the first Mr. RUBIO (for himself and Mr. NEL- age, and social and economic value of U.S. team from Washington, DC, in the 4 major SON) submitted the following resolu- coral reef ecosystems and the marine envi- professional sports leagues in the United tion; which was considered and agreed ronment’’; States to win a championship since 1992; (2) is composed of 12 Federal agencies, 7 Whereas the Capitals overcame years of to: States and territories of the United States, heartbreak to advance past the second round S. RES. 543 the Republic of the Marshall Islands, the of the Stanley Cup playoffs for the first time Whereas, on June 5, 2018, the Florida State Federated States of Micronesia, and the Re- since 1998; University Seminoles softball team won the public of Palau; and

VerDate Sep 11 2014 06:40 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.019 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3765 (3) helps build partnerships, develop strate- BLUMENTHAL, Mr. VAN HOLLEN, Ms. (5) stands together with all people of the gies, and provide support to carry out on- SMITH, Mr. PETERS, Ms. DUCKWORTH, United States, regardless of race, ethnicity, the-ground actions to conserve coral reefs; Mr. MERKLEY, Mr. INHOFE, Mr. HELLER, religion, sex, or sexual orientation, in the Whereas more than 50 percent of all species face of terror and hate; and Ms. KLOBUCHAR, Mr. TOOMEY, Mr. in federally managed fisheries depend on (6) reaffirms the commitment of the coral reefs at some stage during their life cy- SCHATZ, Ms. COLLINS, and Mr. CARDIN) United States and its allies to defeat the Is- cles; submitted the following resolution; lamic State of Iraq and the Levant and other Whereas healthy coral reef ecosystems are which was considered and agreed to: terrorist groups at home and abroad and to havens for biological diversity and abun- Whereas, in the early hours of Sunday, address the threat posed by homegrown ter- dance, providing important habitats, spawn- June 12, 2016, a 29-year-old man from Ft. rorism. Pierce, Florida, killed 49 and wounded 53 in- ing areas, and nursery grounds for fish, crus- f taceans, algae, and other species; nocent people in a horrific terrorist attack Whereas, in November 2016, the Inter- on Pulse Orlando, a lesbian, gay, bisexual, AMENDMENTS SUBMITTED AND national Coral Reef Initiative— and transgender nightclub, during Latin PROPOSED (1) declared 2018 as the International Year night; SA 2784. Mr. CARDIN submitted an amend- of the Reef for the third time; and Whereas the gunman, who was investigated ment intended to be proposed to amendment (2) encouraged— in 2013–2014 by the Federal Bureau of Inves- (A) strengthening awareness globally tigation (in this preamble referred to as the SA 2282 proposed by Mr. INHOFE (for himself about the value of, and threats to, coral ‘‘FBI’’) for possible connections to terrorism, and Mr. MCCAIN) to the bill H.R. 5515, to au- reefs and associated ecosystems; pledged his allegiance to the leader of the Is- thorize appropriations for fiscal year 2019 for (B) promoting partnerships between gov- lamic State of Iraq and the Levant (in this military activities of the Department of De- ernments, the private sector, academia, preamble referred to as ‘‘ISIL’’); fense, for military construction, and for de- and civil society on the management of Whereas then-President Obama called the fense activities of the Department of Energy, coral reefs; attack an act of both terror and hate as well to prescribe military personnel strengths for (C) identifying and implementing effec- as an attack on all of the people of the such fiscal year, and for other purposes; tive management strategies for conserva- United States and the fundamental values of which was ordered to lie on the table. SA 2785. Ms. HARRIS (for herself and Mr. tion, increased resiliency, and sustainable equality and dignity; TESTER) submitted an amendment intended use of coral reefs and associated eco- Whereas the attack was, at the time, the to be proposed to amendment SA 2282 pro- systems; and deadliest mass shooting in the modern his- posed by Mr. INHOFE (for himself and Mr. (D) promoting and sharing information tory of the United States and is the worst MCCAIN) to the bill H.R. 5515, supra; which on best practices relating to sustainable terrorist attack on United States soil since was ordered to lie on the table. coral reef management strategies; September 11, 2001; SA 2786. Mr. MENENDEZ (for himself, Mr. Whereas coral reefs— Whereas the law enforcement professionals CRUZ, Mr. NELSON, Mr. RUBIO, and Mr. DUR- (1) directly benefit the economy of the of the city of Orlando and Orange County, BIN) submitted an amendment intended to be United States by supporting coastal tourism, Florida, the Florida Department of Law En- proposed to amendment SA 2282 proposed by fisheries, biomedicine development, and tra- forcement, the FBI, and the Bureau of Alco- Mr. INHOFE (for himself and Mr. MCCAIN) to ditional and cultural uses; and hol, Tobacco, Firearms, and Explosives, and the bill H.R. 5515, supra; which was ordered (2) provide an indirect economic benefit in other emergency and health care profes- to lie on the table. the form of shoreline protection from high sionals responded to the attack bravely and SA 2787. Mr. MENENDEZ (for himself, Mr. seas and severe storm surge from hurricanes admirably and in a coordinated manner, sav- RUBIO, and Mr. NELSON) submitted an and tsunamis; ing many lives; amendment intended to be proposed to Whereas coral reefs face ongoing threats Whereas following the attack, hundreds of amendment SA 2282 proposed by Mr. INHOFE from changing ocean conditions, nutrient people stood in long lines to donate blood for (for himself and Mr. MCCAIN) to the bill H.R. pollution from coastal runoff, invasive spe- those injured in the attack, and the people of 5515, supra; which was ordered to lie on the cies, recurring disease outbreaks and bleach- Orlando, the State of Florida, and the United table. ing events, and poor coastal resource man- States expressed overwhelming support for SA 2788. Mr. CARDIN submitted an amend- agement; the victims, their families, and their loved 1 ment intended to be proposed to amendment Whereas approximately ⁄3 of the coral reefs ones regardless of race, ethnicity, religion, 1 SA 2282 proposed by Mr. INHOFE (for himself in the world are degraded, and another ⁄3 of sex, or sexual orientation; and Mr. MCCAIN) to the bill H.R. 5515, supra; coral reefs are at risk of further degradation Whereas local organizations and caregivers which was ordered to lie on the table. in the next few decades without effective came together with the Federal, State, and SA 2789. Mr. CARDIN submitted an amend- management and restoration; and local government to support the victims and ment intended to be proposed to amendment Whereas the conservation and restoration help the community heal; SA 2282 proposed by Mr. INHOFE (for himself of healthy, fully functioning coral reefs Whereas the community of Orlando and and Mr. MCCAIN) to the bill H.R. 5515, supra; helps to sustain resilient coasts and vibrant communities across the State of Florida and economies by providing food, promoting cul- which was ordered to lie on the table. the United States, in the spirit of unity and SA 2790. Mr. CARDIN (for himself, Mr. tural values, supporting livelihoods, and pro- respect, continue to support the victims, tecting human health and safety and coastal HATCH, and Mr. VAN HOLLEN) submitted an their families, their loved ones, and all those amendment intended to be proposed to properties: Now, therefore, be it affected by the attack, as well as the brave amendment SA 2282 proposed by Mr. INHOFE Resolved, That the Senate celebrates June men and women of Federal, State, and local 11, 2018, as the 20th anniversary of the estab- (for himself and Mr. MCCAIN) to the bill H.R. law enforcement and other emergency and 5515, supra; which was ordered to lie on the lishment of the United States Coral Reef health care professionals for their dedicated Task Force in order to— table. service to their communities; SA 2791. Mr. CARDIN (for himself, Mr. (1) highlight the importance of the coral Whereas Tuesday, June 12, 2018, marks 2 reefs of the United States; MCCAIN, and Mr. DURBIN) submitted an years since the attack; and amendment intended to be proposed to (2) acknowledge the important research Whereas the threat of terrorist attacks amendment SA 2282 proposed by Mr. INHOFE and management accomplishments of the against the United States and its allies per- (for himself and Mr. MCCAIN) to the bill H.R. United States Coral Reef Task Force; and sists, including the threat posed by home- (3) encourage a continued focus on efforts 5515, supra; which was ordered to lie on the grown terrorists inspired by foreign terrorist table. to protect and restore coral reef ecosystems organizations like ISIL: Now, therefore, be it of the United States. SA 2792. Mr. INHOFE (for himself and Mr. Resolved, That the Senate— MENENDEZ) submitted an amendment in- f (1) commemorates the victims killed in the tended to be proposed to amendment SA 2282 SENATE RESOLUTION 545—HON- horrific terrorist attack on the Pulse Or- proposed by Mr. INHOFE (for himself and Mr. ORING THE MEMORY OF THE lando nightclub on June 12, 2016, and offers MCCAIN) to the bill H.R. 5515, supra; which VICTIMS OF THE TERRORIST AT- heartfelt condolences and deepest sym- was ordered to lie on the table. TACK ON THE PULSE ORLANDO pathies for their families, loved ones, and SA 2793. Mr. CORNYN submitted an friends; amendment intended to be proposed to NIGHTCLUB ON JUNE 12, 2016 (2) honors the survivors of the attack and amendment SA 2282 proposed by Mr. INHOFE Mr. NELSON (for himself, Mr. RUBIO, pledges continued support for their recovery; (for himself and Mr. MCCAIN) to the bill H.R. Ms. CORTEZ MASTO, Mr. CORNYN, Mr. (3) recognizes the unity, compassion, and 5515, supra; which was ordered to lie on the MURPHY, Mrs. ERNST, Mr. MARKEY, Ms. resilience of the Orlando community after table. the attack; SA 2794. Mr. SCOTT (for himself and Mr. BALDWIN, Mr. WHITEHOUSE, Mr. CARPER, (4) applauds the dedication and bravery of BROWN) submitted an amendment intended Mrs. FEINSTEIN, Ms. WARREN, Ms. Federal, State, and local law enforcement to be proposed to amendment SA 2282 pro- HIRONO, Mr. DURBIN, Ms. HASSAN, Mr. and counterterrorism officials for their ef- posed by Mr. INHOFE (for himself and Mr. COONS, Mr. BROWN, Mr. KAINE, Mr. forts to respond to the attack, prevent fu- MCCAIN) to the bill H.R. 5515, supra; which CASEY, Mr. MENENDEZ, Mr. ture attacks, and secure communities; was ordered to lie on the table.

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SA 2795. Mr. PAUL submitted an amend- (for himself and Mr. MCCAIN) to the bill H.R. SA 2826. Mr. KENNEDY submitted an ment intended to be proposed by him to the 5515, supra; which was ordered to lie on the amendment intended to be proposed to bill H.R. 5515, supra; which was ordered to lie table. amendment SA 2282 proposed by Mr. INHOFE on the table. SA 2811. Ms. DUCKWORTH submitted an (for himself and Mr. MCCAIN) to the bill H.R. SA 2796. Mr. KENNEDY submitted an amendment intended to be proposed to 5515, supra; which was ordered to lie on the amendment intended to be proposed to amendment SA 2282 proposed by Mr. INHOFE table. amendment SA 2282 proposed by Mr. INHOFE (for himself and Mr. MCCAIN) to the bill H.R. SA 2827. Mrs. CAPITO (for herself and Mr. (for himself and Mr. MCCAIN) to the bill H.R. 5515, supra; which was ordered to lie on the BOOZMAN) submitted an amendment intended 5515, supra; which was ordered to lie on the table. to be proposed to amendment SA 2282 pro- table. SA 2812. Ms. DUCKWORTH submitted an posed by Mr. INHOFE (for himself and Mr. SA 2797. Mr. KENNEDY submitted an amendment intended to be proposed to MCCAIN) to the bill H.R. 5515, supra; which amendment intended to be proposed to amendment SA 2282 proposed by Mr. INHOFE was ordered to lie on the table. amendment SA 2282 proposed by Mr. INHOFE (for himself and Mr. MCCAIN) to the bill H.R. SA 2828. Mr. DURBIN submitted an amend- (for himself and Mr. MCCAIN) to the bill H.R. 5515, supra; which was ordered to lie on the ment intended to be proposed to amendment 5515, supra; which was ordered to lie on the table. SA 2282 proposed by Mr. INHOFE (for himself table. SA 2813. Mr. PERDUE submitted an and Mr. MCCAIN) to the bill H.R. 5515, supra; SA 2798. Mr. KENNEDY submitted an amendment intended to be proposed to which was ordered to lie on the table. amendment intended to be proposed by him amendment SA 2282 proposed by Mr. INHOFE SA 2829. Mr. DURBIN submitted an amend- to the bill H.R. 5515, supra; which was or- (for himself and Mr. MCCAIN) to the bill H.R. ment intended to be proposed to amendment dered to lie on the table. 5515, supra; which was ordered to lie on the SA 2282 proposed by Mr. INHOFE (for himself SA 2799. Mr. CORNYN (for himself and Mr. table. and Mr. MCCAIN) to the bill H.R. 5515, supra; SA 2814. Mr. PORTMAN submitted an COTTON) submitted an amendment intended which was ordered to lie on the table. to be proposed to amendment SA 2282 pro- amendment intended to be proposed to SA 2830. Mr. LANKFORD submitted an amendment SA 2282 proposed by Mr. INHOFE posed by Mr. INHOFE (for himself and Mr. amendment intended to be proposed to (for himself and Mr. MCCAIN) to the bill H.R. MCCAIN) to the bill H.R. 5515, supra; which amendment SA 2282 proposed by Mr. INHOFE 5515, supra; which was ordered to lie on the was ordered to lie on the table. (for himself and Mr. MCCAIN) to the bill H.R. table. SA 2800. Mr. BLUMENTHAL submitted an 5515, supra; which was ordered to lie on the SA 2815. Mr. PORTMAN (for himself and amendment intended to be proposed to table. Mr. BROWN) submitted an amendment in- amendment SA 2282 proposed by Mr. INHOFE SA 2831. Mr. PORTMAN submitted an tended to be proposed to amendment SA 2282 (for himself and Mr. MCCAIN) to the bill H.R. amendment intended to be proposed to proposed by Mr. INHOFE (for himself and Mr. 5515, supra; which was ordered to lie on the amendment SA 2282 proposed by Mr. INHOFE MCCAIN) to the bill H.R. 5515, supra; which table. (for himself and Mr. MCCAIN) to the bill H.R. was ordered to lie on the table. SA 2801. Ms. STABENOW (for herself, Ms. SA 2816. Mr. PORTMAN (for himself and 5515, supra; which was ordered to lie on the BALDWIN, Mr. MURPHY, Mr. MERKLEY, and table. Mr. BROWN) submitted an amendment in- Ms. SMITH) submitted an amendment in- SA 2832. Mr. PORTMAN (for himself and tended to be proposed to amendment SA 2282 tended to be proposed to amendment SA 2282 Mr. MENENDEZ) submitted an amendment in- proposed by Mr. INHOFE (for himself and Mr. proposed by Mr. INHOFE (for himself and Mr. tended to be proposed to amendment SA 2282 MCCAIN) to the bill H.R. 5515, supra; which MCCAIN) to the bill H.R. 5515, supra; which proposed by Mr. INHOFE (for himself and Mr. was ordered to lie on the table. was ordered to lie on the table. SA 2817. Mr. HEINRICH submitted an MCCAIN) to the bill H.R. 5515, supra; which SA 2802. Mr. BOOKER submitted an amendment intended to be proposed to was ordered to lie on the table. amendment intended to be proposed to SA 2833. Mr. YOUNG submitted an amend- amendment SA 2282 proposed by Mr. INHOFE amendment SA 2282 proposed by Mr. INHOFE ment intended to be proposed to amendment (for himself and Mr. MCCAIN) to the bill H.R. (for himself and Mr. MCCAIN) to the bill H.R. 5515, supra; which was ordered to lie on the SA 2282 proposed by Mr. INHOFE (for himself 5515, supra; which was ordered to lie on the table. and Mr. MCCAIN) to the bill H.R. 5515, supra; table. SA 2818. Mr. TESTER submitted an amend- which was ordered to lie on the table. SA 2803. Mr. HOEVEN (for himself and Mr. ment intended to be proposed to amendment SA 2834. Mr. GARDNER submitted an ROUNDS) submitted an amendment intended SA 2282 proposed by Mr. INHOFE (for himself amendment intended to be proposed to to be proposed to amendment SA 2282 pro- and Mr. MCCAIN) to the bill H.R. 5515, supra; amendment SA 2282 proposed by Mr. INHOFE posed by Mr. INHOFE (for himself and Mr. which was ordered to lie on the table. (for himself and Mr. MCCAIN) to the bill H.R. MCCAIN) to the bill H.R. 5515, supra; which SA 2819. Mr. UDALL (for himself, Mrs. 5515, supra; which was ordered to lie on the was ordered to lie on the table. SHAHEEN, Mr. PORTMAN, Mr. BROWN, and Mr. table. SA 2804. Mr. HOEVEN submitted an MANCHIN) submitted an amendment intended SA 2835. Mr. MORAN submitted an amend- amendment intended to be proposed to to be proposed to amendment SA 2282 pro- ment intended to be proposed to amendment amendment SA 2282 proposed by Mr. INHOFE posed by Mr. INHOFE (for himself and Mr. SA 2282 proposed by Mr. INHOFE (for himself (for himself and Mr. MCCAIN) to the bill H.R. MCCAIN) to the bill H.R. 5515, supra; which and Mr. MCCAIN) to the bill H.R. 5515, supra; 5515, supra; which was ordered to lie on the was ordered to lie on the table. which was ordered to lie on the table. table. SA 2820. Mr. MENENDEZ submitted an SA 2836. Ms. WARREN (for herself and Mr. SA 2805. Mr. PAUL (for himself and Mr. amendment intended to be proposed to BOOZMAN) submitted an amendment intended PETERS) submitted an amendment intended amendment SA 2282 proposed by Mr. INHOFE to be proposed to amendment SA 2282 pro- to be proposed to amendment SA 2282 pro- (for himself and Mr. MCCAIN) to the bill H.R. posed by Mr. INHOFE (for himself and Mr. posed by Mr. INHOFE (for himself and Mr. 5515, supra; which was ordered to lie on the MCCAIN) to the bill H.R. 5515, supra; which MCCAIN) to the bill H.R. 5515, supra; which table. was ordered to lie on the table. was ordered to lie on the table. SA 2821. Mr. WICKER (for himself and Mr. SA 2837. Mr. HATCH submitted an amend- SA 2806. Mr. MURPHY submitted an NELSON) submitted an amendment intended ment intended to be proposed to amendment amendment intended to be proposed to to be proposed by him to the bill H.R. 5515, SA 2282 proposed by Mr. INHOFE (for himself amendment SA 2282 proposed by Mr. INHOFE supra; which was ordered to lie on the table. and Mr. MCCAIN) to the bill H.R. 5515, supra; (for himself and Mr. MCCAIN) to the bill H.R. SA 2822. Mr. SCOTT (for himself and Mr. which was ordered to lie on the table. 5515, supra; which was ordered to lie on the GRAHAM) submitted an amendment intended SA 2838. Mrs. McCASKILL submitted an table. to be proposed to amendment SA 2282 pro- amendment intended to be proposed to SA 2807. Mr. CRUZ (for himself and Ms. posed by Mr. INHOFE (for himself and Mr. amendment SA 2282 proposed by Mr. INHOFE MURKOWSKI) submitted an amendment in- MCCAIN) to the bill H.R. 5515, supra; which (for himself and Mr. MCCAIN) to the bill H.R. tended to be proposed to amendment SA 2282 was ordered to lie on the table. 5515, supra; which was ordered to lie on the proposed by Mr. INHOFE (for himself and Mr. SA 2823. Mr. SCOTT submitted an amend- table. MCCAIN) to the bill H.R. 5515, supra; which ment intended to be proposed to amendment SA 2839. Mrs. McCASKILL submitted an was ordered to lie on the table. SA 2282 proposed by Mr. INHOFE (for himself amendment intended to be proposed to SA 2808. Mr. JOHNSON submitted an and Mr. MCCAIN) to the bill H.R. 5515, supra; amendment SA 2282 proposed by Mr. INHOFE amendment intended to be proposed by him which was ordered to lie on the table. (for himself and Mr. MCCAIN) to the bill H.R. to the bill H.R. 5515, supra; which was or- SA 2824. Mr. RUBIO submitted an amend- 5515, supra; which was ordered to lie on the dered to lie on the table. ment intended to be proposed to amendment table. SA 2809. Ms. DUCKWORTH submitted an SA 2282 proposed by Mr. INHOFE (for himself SA 2840. Mr. PORTMAN (for himself and amendment intended to be proposed to and Mr. MCCAIN) to the bill H.R. 5515, supra; Mr. MENENDEZ) submitted an amendment in- amendment SA 2282 proposed by Mr. INHOFE which was ordered to lie on the table. tended to be proposed to amendment SA 2282 (for himself and Mr. MCCAIN) to the bill H.R. SA 2825. Mr. GARDNER (for himself and proposed by Mr. INHOFE (for himself and Mr. 5515, supra; which was ordered to lie on the Mr. WARNER) submitted an amendment in- MCCAIN) to the bill H.R. 5515, supra; which table. tended to be proposed to amendment SA 2282 was ordered to lie on the table. SA 2810. Ms. DUCKWORTH submitted an proposed by Mr. INHOFE (for himself and Mr. SA 2841. Mr. SCOTT submitted an amend- amendment intended to be proposed to MCCAIN) to the bill H.R. 5515, supra; which ment intended to be proposed to amendment amendment SA 2282 proposed by Mr. INHOFE was ordered to lie on the table. SA 2282 proposed by Mr. INHOFE (for himself

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and Mr. MCCAIN) to the bill H.R. 5515, supra; SA 2282 proposed by Mr. INHOFE (for himself ment of Defense to provide job placement as- which was ordered to lie on the table. and Mr. MCCAIN) to the bill H.R. 5515, supra; sistance and related employment services di- SA 2842. Mr. REED (for himself and Ms. which was ordered to lie on the table. rectly to unemployed or underemployed WARREN) proposed an amendment to amend- SA 2857. Ms. DUCKWORTH submitted an members of the reserve components of the ment SA 2366 proposed by Mr. LEE (for him- amendment intended to be proposed to Armed Forces and veterans. self, Mrs. FEINSTEIN, and Mr. CRUZ) to the amendment SA 2282 proposed by Mr. INHOFE (b) ADMINISTRATION.—The pilot program in bill H.R. 5515, supra. (for himself and Mr. MCCAIN) to the bill H.R. a State shall be administered by the adju- SA 2843. Mrs. CAPITO (for herself, Ms. 5515, supra; which was ordered to lie on the tant general in that State appointed under WARREN, and Mr. DAINES) submitted an table. section 314 of title 32, United States Code. If amendment intended to be proposed to SA 2858. Ms. CANTWELL submitted an the adjutant general is unavailable or unable amendment SA 2282 proposed by Mr. INHOFE amendment intended to be proposed to to administer a pilot program, the Sec- (for himself and Mr. MCCAIN) to the bill H.R. amendment SA 2282 proposed by Mr. INHOFE retary, after consulting with the chief execu- 5515, supra; which was ordered to lie on the (for himself and Mr. MCCAIN) to the bill H.R. tive of the State, shall designate an official table. 5515, supra; which was ordered to lie on the of that State to administer that pilot pro- SA 2844. Mrs. CAPITO (for herself and Mr. table. gram. MANCHIN) submitted an amendment intended SA 2859. Ms. CANTWELL submitted an (c) PROGRAM MODEL.—A pilot program to be proposed to amendment SA 2282 pro- amendment intended to be proposed to under this section— posed by Mr. INHOFE (for himself and Mr. amendment SA 2282 proposed by Mr. INHOFE (1) shall use a job placement program MCCAIN) to the bill H.R. 5515, supra; which (for himself and Mr. MCCAIN) to the bill H.R. model that focuses on working one-on-one was ordered to lie on the table. 5515, supra; which was ordered to lie on the with individuals described in subsection (a) SA 2845. Ms. DUCKWORTH submitted an table. to provide cost-effective job placement serv- amendment intended to be proposed to ices, including— f amendment SA 2282 proposed by Mr. INHOFE (A) job matching services; (for himself and Mr. MCCAIN) to the bill H.R. TEXT OF AMENDMENTS (B) resume editing; 5515, supra; which was ordered to lie on the (C) interview preparation; and table. SA 2784. Mr. CARDIN submitted an (D) post-employment follow up; and SA 2846. Ms. DUCKWORTH (for herself, Mr. amendment intended to be proposed to (2) shall incorporate best practices of JOHNSON, Ms. BALDWIN, Mr. PETERS, Mr. amendment SA 2282 proposed by Mr. State-operated direct employment programs RUBIO, and Mr. SCOTT) submitted an amend- INHOFE (for himself and Mr. MCCAIN) to for members of the reserve components of ment intended to be proposed to amendment the bill H.R. 5515, to authorize appro- the Armed Forces and veterans, such as the SA 2282 proposed by Mr. INHOFE (for himself priations for fiscal year 2019 for mili- programs conducted in California and South and Mr. MCCAIN) to the bill H.R. 5515, supra; tary activities of the Department of Carolina. which was ordered to lie on the table. (d) SKILLBRIDGE TRAINING OPPORTUNI- SA 2847. Mr. CARDIN submitted an amend- Defense, for military construction, and TIES.—A pilot program under this section ment intended to be proposed to amendment for defense activities of the Depart- shall utilize civilian training opportunities SA 2282 proposed by Mr. INHOFE (for himself ment of Energy, to prescribe military through the SkillBridge transition training and Mr. MCCAIN) to the bill H.R. 5515, supra; personnel strengths for such fiscal program administered by the Department of which was ordered to lie on the table. year, and for other purposes; which was Defense. SA 2848. Ms. CANTWELL (for herself and ordered to lie on the table; as follows: (e) STATE COSTS.—Any costs of a State in Mrs. MURRAY) submitted an amendment in- carrying out a pilot program under this sec- At the end of subtitle F of title X, add the tended to be proposed by her to the bill H.R. tion shall be borne by the State. following: 5515, supra; which was ordered to lie on the (f) EVALUATION.—The Secretary shall de- table. SEC. 1066. PROGRAM TO COMMEMORATE THE velop outcome measurements to evaluate SA 2849. Mrs. MURRAY submitted an HOLOCAUST. the success of any pilot program established amendment intended to be proposed to (a) PROGRAM REQUIRED.—The Secretary of under this section. amendment SA 2282 proposed by Mr. INHOFE Defense shall carry out a program to com- (g) REPORTING.— (for himself and Mr. MCCAIN) to the bill H.R. memorate the Holocaust. (1) REPORT REQUIRED.—Not later than 5515, supra; which was ordered to lie on the (b) ELEMENTS.—The commemorative pro- March 1, 2021, the Secretary, in coordination table. gram shall be designed— with the Secretary of Veterans Affairs and SA 2850. Mrs. GILLIBRAND submitted an (1) to remember— Chief of the National Guard Bureau, shall amendment intended to be proposed to (A) the Holocaust; submit to the congressional defense commit- amendment SA 2282 proposed by Mr. INHOFE (B) the annihilation of 6,000,000 Jews by the tees a report describing the results of any (for himself and Mr. MCCAIN) to the bill H.R. Nazi regime; and pilot program established under this section. 5515, supra; which was ordered to lie on the (C) the mass murder of Roma, Slavs, and (2) ELEMENTS.—A report under paragraph table. others; and (1) shall include the following elements: SA 2851. Mr. PERDUE submitted an (2) to pay tribute to the Allied troops who (A) A description and assessment of the ef- amendment intended to be proposed to liberated Nazi concentration camps during fectiveness and achievements of the pilot amendment SA 2282 proposed by Mr. INHOFE World War II. program, including— (for himself and Mr. MCCAIN) to the bill H.R. (c) CONSULTATION IN DESIGN.—In designing (i) the number of members of the reserve 5515, supra; which was ordered to lie on the the commemorative program, the Secretary components of the Armed Forces and vet- table. shall consult with the Director of the United erans hired; and SA 2852. Mr. ROUNDS submitted an States Holocaust Memorial Museum. (ii) the cost-per-placement of participating amendment intended to be proposed to members and veterans. amendment SA 2282 proposed by Mr. INHOFE SA 2785. Ms. HARRIS (for herself and (B) An assessment of the impact of the (for himself and Mr. MCCAIN) to the bill H.R. Mr. TESTER) submitted an amendment pilot program and increased reserve compo- 5515, supra; which was ordered to lie on the intended to be proposed to amendment nent employment levels on— table. SA 2282 proposed by Mr. INHOFE (for (i) the readiness of members of the reserve SA 2853. Ms. BALDWIN submitted an components of the Armed Forces; and himself and Mr. MCCAIN) to the bill amendment intended to be proposed to (ii) retention of service members. H.R. 5515, to authorize appropriations amendment SA 2282 proposed by Mr. INHOFE (C) A comparison of the pilot program to (for himself and Mr. MCCAIN) to the bill H.R. for fiscal year 2019 for military activi- other programs conducted by the Depart- 5515, supra; which was ordered to lie on the ties of the Department of Defense, for ment of Defense or Department of Veterans table. military construction, and for defense Affairs to provide unemployment and under- SA 2854. Mrs. GILLIBRAND (for herself, activities of the Department of Energy, employment support to members of the re- Ms. BALDWIN, and Mr . SCHUMER) submitted to prescribe military personnel serve components of the Armed Forces or an amendment intended to be proposed to strengths for such fiscal year, and for veterans, including best practices the im- amendment SA 2282 proposed by Mr. INHOFE other purposes; which was ordered to proved the effectiveness of such programs. (for himself and Mr. MCCAIN) to the bill H.R. (D) Any other matter the Secretary deter- 5515, supra; which was ordered to lie on the lie on the table; as follows: mines to be appropriate. table. At the end of subtitle E of title V, add the (h) DURATION OF AUTHORITY.— SA 2855. Mr. MENENDEZ submitted an following: (1) IN GENERAL.—Subject to paragraph (2), amendment intended to be proposed to SEC. 558. DIRECT EMPLOYMENT PILOT PROGRAM the authority to carry out a pilot program amendment SA 2282 proposed by Mr. INHOFE FOR MEMBERS OF THE RESERVE under this section expires on September 30, (for himself and Mr. MCCAIN) to the bill H.R. COMPONENTS AND VETERANS. 2023. 5515, supra; which was ordered to lie on the (a) AUTHORITY.—The Secretary of Defense (2) EXTENSION.—The Secretary may extend table. may enter into agreements with the chief ex- a pilot program under this section beyond SA 2856. Mr. WICKER submitted an amend- ecutives of the States to carry out pilot pro- the date in paragraph (1) by not more than ment intended to be proposed to amendment grams to enhance the efforts of the Depart- two years.

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Mr. MENENDEZ (for him- essary to block and prohibit all transactions (B) not later than the date on which the self, Mr. CRUZ, Mr. NELSON, Mr. RUBIO, in all property and interests in property of a waiver takes effect, submits to the appro- and Mr. DURBIN) submitted an amend- person determined by the President to be priate congressional committees a notice of ment intended to be proposed to subject to subsection (b) if such property and and justification for the waiver. interests in property are in the United (f) REPORTING REQUIREMENT.— amendment SA 2282 proposed by Mr. States, come within the United States, or (1) IN GENERAL.—Not later than 180 days INHOFE (for himself and Mr. MCCAIN) to are or come within the possession or control after the date of the enactment of this Act, the bill H.R. 5515, to authorize appro- of a United States person. the Secretary of State, acting through the priations for fiscal year 2019 for mili- (B) EXCLUSION FROM THE UNITED STATES Assistant Secretary of State for Intelligence tary activities of the Department of AND REVOCATION OF VISA OR OTHER DOCU- and Research, and in coordination with the Defense, for military construction, and MENTATION.—In the case of an alien deter- Director of National Intelligence, shall sub- for defense activities of the Depart- mined by the President to be subject to sub- mit to the appropriate congressional com- ment of Energy, to prescribe military section (b), denial of a visa to, and exclusion mittees a report on the involvement of sen- from the United States of, the alien, and rev- ior officials of the Government of Nicaragua, personnel strengths for such fiscal ocation in accordance with section 221(i) of including members of the Supreme Electoral year, and for other purposes; which was the Immigration and Nationality Act (8 Council, the National Assembly, and the ju- ordered to lie on the table; as follows: U.S.C. 1201(i)), of any visa or other docu- dicial system, in acts of public corruption or At the end of subtitle G of title XII, add mentation of the alien. human rights violations in Nicaragua. the following: (2) PENALTIES.—A person that violates, at- (2) FORM.— SEC. 1271. IMPOSITION OF SANCTIONS WITH RE- tempts to violate, conspires to violate, or (A) IN GENERAL.—The report required by SPECT TO PERSONS RESPONSIBLE causes a violation of paragraph (1)(A) or any paragraph (1) shall be submitted in unclassi- FOR VIOLENCE AND HUMAN RIGHTS regulation, license, or order issued to carry fied form but may include a classified annex. ABUSES IN NICARAGUA. out paragraph (1)(A) shall be subject to the (B) PUBLIC AVAILABILITY.—The unclassified (a) FINDINGS.—Congress makes the fol- penalties set forth in subsections (b) and (c) portion of the report required by paragraph lowing findings: of section 206 of the International Emer- (1) shall be made available to the public. (1) Beginning on April 18, 2018, the Govern- gency Economic Powers Act (50 U.S.C. 1705) (g) REGULATORY AUTHORITY.—The Presi- ment of Nicaragua responded to to the same extent as a person that commits dent shall issue such regulations, licenses, antigovernment protests with excessive an unlawful act described in subsection (a) of and orders as are necessary to carry out this force and killings perpetrated by its public that section. section. security forces and, as of June 11, 2018, more (3) EXCEPTION RELATING TO IMPORTATION OF (h) TERMINATION.—This section shall ter- than 130 people have been killed in the con- GOODS.—The requirement to block and pro- minate on December 31, 2023. text of those protests. hibit all transactions in all property and in- (i) DEFINITIONS.—In this section: (2) The Country Reports on Human Rights terests in property under paragraph (1)(A) (1) APPROPRIATE CONGRESSIONAL COMMIT- Practices for 2017 of the Department of State shall not include the authority to impose TEES.—The term ‘‘appropriate congressional notes, with respect to Nicaragua, that ac- sanctions on the importation of goods (as committees’’ means— tions by the ruling Sandinista National Lib- that term is defined in section 16 of the Ex- (A) the Committee on Banking, Housing, eration Front party have resulted in the de port Administration Act of 1979 (50 U.S.C. and Urban Affairs and the Committee on facto concentration of power in a single 4618) (as continued in effect pursuant to the Foreign Relations of the Senate; and party, with an authoritarian executive International Emergency Economic Powers (B) the Committee on Financial Services branch exercising significant control over Act (50 U.S.C. 1701 et seq.))). and the Committee on Foreign Affairs of the the legislative, judicial, and electoral func- (4) EXCEPTION TO COMPLY WITH UNITED NA- House of Representatives. tions of the Government of Nicaragua. TIONS HEADQUARTERS AGREEMENT.—Sanctions (2) UNITED STATES PERSON.—The term (3) That report also stated with respect to under paragraph (1)(B) shall not apply to an ‘‘United States person’’ means— Nicaragua that ‘‘the most significant human alien if admitting the alien into the United (A) a United States citizen or an alien law- rights abuses included reports of arbitrary or States is necessary to permit the United fully admitted for permanent residence to unlawful killings; almost complete lack of States to comply with the Agreement re- the United States; or judicial independence; unlawful interference garding the Headquarters of the United Na- (B) an entity organized under the laws of with privacy; multiple obstacles to freedom tions, signed at Lake Success June 26, 1947, the United States or of any jurisdiction of speech and the press, including govern- and entered into force November 21, 1947, be- within the United States, including a foreign ment intimidation, and harassment of and tween the United Nations and the United branch of such an entity. threats against journalists and independent States, or other applicable international ob- media; and partisan restrictions on freedom ligations. SA 2787. Mr. MENENDEZ (for him- of peaceful assembly’’. (d) CERTIFICATION.—Not later than one self, Mr. RUBIO, and Mr. NELSON) sub- (b) IMPOSITION OF SANCTIONS.—The Presi- year after the date of the enactment of this mitted an amendment intended to be dent shall impose the sanctions described in Act, and annually thereafter, the Secretary subsection (c) with respect to any foreign of State shall submit to the appropriate con- proposed to amendment SA 2282 pro- person, including any current or former offi- gressional committees a report certifying posed by Mr. INHOFE (for himself and cial of the Government of Nicaragua or any whether the Government of Nicaragua is Mr. MCCAIN) to the bill H.R. 5515, to au- person acting on behalf of that Government, taking effective steps— thorize appropriations for fiscal year that the President determines— (1) to strengthen the rule of law and demo- 2019 for military activities of the De- (1) has perpetrated, or is responsible for or- cratic governance, including the independ- partment of Defense, for military con- dering or otherwise directing, significant ence of the judicial system and electoral struction, and for defense activities of acts of violence or serious human rights council; the Department of Energy, to prescribe abuses in Nicaragua against persons associ- (2) to combat corruption, including by in- ated with the antigovernment protests in vestigating and prosecuting officials of that military personnel strengths for such Nicaragua that began on April 18, 2018; Government who are credibly alleged to be fiscal year, and for other purposes; (2) is responsible for or complicit in order- corrupt; and which was ordered to lie on the table; ing, controlling, or otherwise directing sig- (3) to protect the right of political opposi- as follows: nificant actions or policies that undermine tion parties, journalists, trade unionists, At the end of subtitle G of title XII, add democratic processes or institutions in Nica- human rights defenders, and other civil soci- the following: ragua; or ety activists to operate without interference. SEC. 1271. IMPOSITION OF SANCTIONS WITH RE- (3) is an official of the Government of Nica- (e) WAIVER.— SPECT TO PERSONS RESPONSIBLE ragua, or a senior associate of such an offi- (1) TEMPORARY GENERAL WAIVER.—If the FOR VIOLENCE AND HUMAN RIGHTS cial, that is responsible for or complicit in Secretary of State certifies to the appro- ABUSES IN CUBA. ordering, controlling, or otherwise directing, priate congressional committees under sub- (a) FINDINGS.—Congress makes the fol- acts of significant corruption, including the section (d) that the Government of Nica- lowing findings: expropriation of private or public assets for ragua is taking effective steps as described (1) The Government of Cuba continues to personal gain, corruption related to govern- in that subsection, the President may waive carry out arbitrary detentions of peaceful ment contracts, bribery, or the facilitation the imposition of additional sanctions under dissidents, most of whom are kept under de- or transfer of the proceeds of corruption to subsection (b) for a period of not more than grading and inhumane conditions, and ac- foreign jurisdictions. one year beginning on the date of the certifi- cording to the Cuban Commission on Human (c) SANCTIONS DESCRIBED.— cation. Rights and National Reconciliation, as of (1) IN GENERAL.—The sanctions described in (2) CASE-BY-CASE WAIVER.—The President May 2018, there have been more than 1,400 of this subsection are the following: may waive the application of sanctions those detentions. (A) ASSET BLOCKING.—The exercise of all under subsection (b) with respect to a person (2) The Country Reports on Human Rights powers granted to the President by the if the President— Practices for 2017 in Cuba set forth by the International Emergency Economic Powers (A) determines that such a waiver is in the Department of State notes that the principal Act (50 U.S.C. 1701 et seq.) to the extent nec- national interest of the United States; and human rights abuses in Cuba included—

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(A) the abridgement of the ability of citi- U.S.C. 1201(i)) of any visa or other docu- (1) APPROPRIATE CONGRESSIONAL COMMIT- zens to choose their government; mentation of the alien. TEES.—The term ‘‘appropriate congressional (B) the use of government threats, physical (2) PENALTIES.—A person that violates, at- committees’’ means— assault, intimidation, and violent govern- tempts to violate, conspires to violate, or (A) the Committee on Banking, Housing, ment-organized counter protests against causes a violation of paragraph (1)(A) or any and Urban Affairs and the Committee on peaceful dissent; and regulation, license, or order issued to carry Foreign Relations of the Senate; and (C) harassment and detentions to prevent out paragraph (1)(A) shall be subject to the (B) the Committee on Financial Services free expression an peaceful assembly. penalties set forth in subsections (b) and (c) and the Committee on Foreign Affairs of the (3) That report stated that additional of section 206 of the International Emer- House of Representatives. human rights abuses included— gency Economic Powers Act (50 U.S.C. 1705) (2) UNITED STATES PERSON.—The term (A) harsh prison conditions; to the same extent as a person that commits ‘‘United States person’’ means— (B) arbitrary short-term, politically moti- an unlawful act described in subsection (a) of (A) a United States citizen or an alien law- vated detentions and arrests; that section. fully admitted for permanent residence to (C) selective prosecution; (3) EXCEPTION RELATING TO IMPORTATION OF the United States; or (D) denial of fair trial; and GOODS.—The requirement to block and pro- (B) an entity organized under the laws of (E) travel restrictions. hibit all transactions in all property and in- the United States or of any jurisdiction (4) Significant support by the Government terests in property under paragraph (1)(A) within the United States, including a foreign of Cuba for the authoritarian regime of Nico- shall not include the authority to impose branch of such an entity. las Maduro in Venezuela that includes send- sanctions on the importation of goods (as ing tens of thousands of Cuban trainers, ad- that term is defined in section 16 of the Ex- SA 2788. Mr. CARDIN submitted an visers, security personnel, militias, para- port Administration Act of 1979 (50 U.S.C. amendment intended to be proposed to military groups, and intelligence officers, 4618) (as continued in effect pursuant to the amendment SA 2282 proposed by Mr. and was described by the Secretary General International Emergency Economic Powers of the Organization of American States as an INHOFE (for himself and Mr. MCCAIN) to Act (50 U.S.C. 1701 et seq.))). the bill H.R. 5515, to authorize appro- ‘‘occupation army’’ during a hearing before (4) EXCEPTION TO COMPLY WITH UNITED NA- priations for fiscal year 2019 for mili- the Committee on Foreign Relations of the TIONS HEADQUARTERS AGREEMENT OR OTHER Senate on July 19, 2017, has directly contrib- INTERNATIONAL OBLIGATIONS.—Sanctions tary activities of the Department of uted to worsening conditions in Venezuela under paragraph (1)(B) shall not apply to an Defense, for military construction, and and the destabilization of the region. alien if admitting the alien into the United for defense activities of the Depart- (b) IMPOSITION OF SANCTIONS.—The Presi- States is necessary to permit the United dent shall impose the sanctions described in ment of Energy, to prescribe military States to comply with the Agreement re- subsection (c) with respect to any foreign personnel strengths for such fiscal garding the Headquarters of the United Na- person, including any current or former offi- year, and for other purposes; which was tions, signed at Lake Success June 26, 1947, cial of the Government of Cuba or any per- ordered to lie on the table; as follows: son acting on behalf of that Government, and entered into force November 21, 1947, be- tween the United Nations and the United At the end of subtitle D of title XXVIII, that the President determines— add the following: (1) has perpetrated, or is responsible for or- States, or other applicable international ob- ligations. SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM dering or otherwise directing, significant CENTER TO FORT MEADE, MARY- acts of violence or serious human rights (d) CERTIFICATION.—Not later than one LAND. abuses in Cuba; year after the date of the enactment of this (a) MOVEMENT OR CONSOLIDATION OF JOINT (2) has been responsible for or is respon- Act, and annually thereafter, the Secretary SPECTRUM CENTER TO FORT MEADE, MARY- sible for or complicit in ordering, control- of State shall submit to the appropriate con- LAND.—Except as provided under subsection ling, or otherwise directing significant ac- gressional committees a report certifying (b), not later than September 30, 2020, the tions or policies that undermine democratic whether the Government of Cuba is taking Secretary of Defense shall take appropriate processes or institutions in Cuba; effective steps to— actions to move, consolidate, or both, the of- (3) is an official of the Government of (1) strengthen the rule of law and demo- fices of the Joint Spectrum Center to the De- Cuba, or a senior associate of such an offi- cratic governance in Cuba, including by fense Information Systems Agency head- cial, that is responsible for or complicit in strengthening the independence of the judi- quarters building at Fort Meade, Maryland, ordering, controlling, or otherwise directing cial system and electoral council; for national security purposes to ensure the acts of significant corruption, including— (2) combat corruption in Cuba, including physical and cybersecurity protection of per- (A) the expropriation of private or public by investigating and prosecuting officials of sonnel and missions of the Department of assets for personal gain; that Government that are credibly alleged to Defense. (B) corruption related to government con- be corrupt; (b) NATIONAL SECURITY WAIVER.—The Sec- tracts; (3) protect the right of political opposition retary of Defense may waive the requirement (C) bribery; or parties, journalists, trade unionists, human under subsection (a) upon certifying to the (D) the facilitation or transfer of the pro- rights defenders, and other civil society ac- congressional defense committees in writing ceeds of corruption to foreign jurisdictions; tivists to operate without interference in that such waiver is necessary for national se- or Cuba; and curity reasons and that all force protection (4) is an official of the Government of (4) end destabilizing activities that under- and cyber protection needs are being met Cuba, or a senior associate of such an offi- mine democratic governance and constitu- without carrying out the actions otherwise cial, that has been responsible for or is re- tional order in Venezuela. required under such subsection. sponsible for or complicit in ordering, con- (e) WAIVER.— (c) AUTHORIZATION.—Any facility, road, or trolling, or otherwise directing significant (1) TEMPORARY GENERAL WAIVER.—If the infrastructure constructed or altered on a actions or policies that undermine demo- Secretary of State certifies under subsection military installation as a result of this sec- cratic processes or institutions in Venezuela. (d) that the Government of Cuba is taking ef- tion is deemed to be authorized in accord- (c) SANCTIONS DESCRIBED.— fective steps as described in that subsection, ance with section 2802 of title 10, United (1) IN GENERAL.—The sanctions described in the President may waive the imposition of States Code. this subsection are the following: sanctions under subsection (b) for a period of (d) TERMINATION OF EXISTING LEASE.—Upon (A) ASSET BLOCKING.—The exercise of all not more than one year beginning on the completion of the relocation of the Joint powers granted to the President by the date of the certification. Spectrum Center, all right, title, and inter- International Emergency Economic Powers (2) CASE BY CASE WAIVER.—The President est of the United States in and to the exist- Act (50 U.S.C. 1701 et seq.) to the extent nec- may waive the application of sanctions ing lease for the Joint Spectrum Center shall essary to block and prohibit all transactions under subsection (b) with respect to a person be terminated. in all property and interests in property of a if the President— (e) REPEAL OF OBSOLETE AUTHORITY.—Sec- person determined by the President to be (A) determines that such a waiver is in the tion 2887 of the Military Construction Au- subject to subsection (b) if such property and national interest of the United States; and thorization Act for Fiscal Year 2008 (division interests in property are in the United (B) not later than the date on which the B of Public Law 110–181; 122 Stat. 569) is here- States, come within the United States, or waiver takes effect, submits to the appro- by repealed. are or come within the possession or control priate congressional committees a notice of of a United States person. and justification for the waiver. SA 2789. Mr. CARDIN submitted an (B) EXCLUSION FROM THE UNITED STATES (f) REGULATORY AUTHORITY.—The President amendment intended to be proposed to AND REVOCATION OF VISA OR OTHER DOCU- shall issue such regulations, licenses, and or- amendment SA 2282 proposed by Mr. MENTATION.—In the case of an alien deter- ders as are necessary to carry out this sec- INHOFE (for himself and Mr. MCCAIN) to mined by the President to be subject to sub- tion. section (b), denial of a visa to, and exclusion the bill H.R. 5515, to authorize appro- from the United States of, the alien, and rev- (g) TERMINATION.—This section shall termi- priations for fiscal year 2019 for mili- ocation in accordance with section 221(i) of nate on December 31, 2023. tary activities of the Department of the Immigration and Nationality Act (8 (h) DEFINITIONS.—In this section: Defense, for military construction, and

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.035 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3770 CONGRESSIONAL RECORD — SENATE June 12, 2018 for defense activities of the Depart- or Field Activity, if any, after termination gender-based violence, and forced displace- ment of Energy, to prescribe military or transfer. ment. personnel strengths for such fiscal (4) A comprehensive assessment of the im- (6) Actions of the military of Burma, year, and for other purposes; which was pact of the actions described in paragraphs known as the Tatmadaw, including con- (1) through (3). tinuing assaults on personnel and territory ordered to lie on the table; as follows: controlled by armed ethnic organizations, At the end of subtitle D of title XXVIII, SA 2791. Mr. CARDIN (for himself, military offensives immediately preceding add the following: Mr. MCCAIN, and Mr. DURBIN) sub- the peace conference in Naypyitaw, and SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM mitted an amendment intended to be human rights violations against noncombat- CENTER TO FORT MEADE, MARY- proposed to amendment SA 2282 pro- ant civilians in conflict areas, undermine LAND. confidence in establishing a credible nation- posed by Mr. INHOFE (for himself and (a) MOVEMENT OR CONSOLIDATION OF JOINT wide ceasefire agreement to end Burma’s SPECTRUM CENTER TO FORT MEADE, MARY- Mr. MCCAIN) to the bill H.R. 5515, to au- civil war. LAND.—Not later than September 30, 2020, the thorize appropriations for fiscal year (7) The people of Burma continue to suffer Secretary of Defense shall take appropriate 2019 for military activities of the De- from an ongoing civil war between the actions to move, consolidate, or both, the of- partment of Defense, for military con- Tatmadaw and nearly 20 armed ethnic orga- fices of the Joint Spectrum Center to the De- struction, and for defense activities of nizations. Any prospects for a full democracy fense Information Systems Agency head- the Department of Energy, to prescribe in Burma are contingent on ending the civil quarters building at Fort Meade, Maryland, military personnel strengths for such war and finding a path toward national rec- for national security purposes to ensure the onciliation between Burma’s Bamar major- physical and cybersecurity protection of per- fiscal year, and for other purposes; ity and its various ethnic minorities. sonnel and missions of the Department of which was ordered to lie on the table; (8) Since 2011, over 98,000 people have been Defense. as follows: displaced in Kachin and northern Shan State (b) AUTHORIZATION.—Any facility, road, or At the end of title XII, add the following: over the escalating violence and instability, infrastructure constructed or altered on a Subtitle H—Matters Relating to Burma resulting in continued massive internal dis- military installation as a result of this sec- placement, including in internally displaced SEC. 1281. FINDINGS. tion is deemed to be authorized in accord- person (IDP) camps, which continues to un- Congress makes the following findings: ance with section 2802 of title 10, United dermine the trust necessary to achieve a du- (1) The United States policy of principled States Code. rable, lasting peace, and has caused a mas- engagement since 1988 has fostered positive (c) TERMINATION OF EXISTING LEASE.—Upon sive humanitarian crisis which dispropor- completion of the relocation of the Joint democratic reforms in Burma, which have tionately affects the lives of innocent civil- Spectrum Center, all right, title, and inter- led to significant milestones on the path to ians and internally displaced persons forced est of the United States in and to the exist- full democracy. from their homes. According to the United ing lease for the Joint Spectrum Center shall (2) On November 8, 2015, Burma held his- Nations Office for the Coordination of Hu- be terminated. toric elections in which the National League manitarian Affairs, some 50 percent of these for Democracy won a supermajority of seats (d) REPEAL OF OBSOLETE AUTHORITY.—Sec- displaced persons are staying in areas be- tion 2887 of the Military Construction Au- in the combined national parliament. On yond Government control where humani- thorization Act for Fiscal Year 2008 (division March 30, 2016, Htin Kyaw was inaugurated tarian access is limited. Even in areas con- B of Public Law 110–181; 122 Stat. 569) is here- as the President of Burma, the country’s trolled by the Government, delivery of hu- by repealed. first civilian President in more than 50 manitarian assistance has been increasingly years. Aung San Suu Kyi, President of the restricted through onerous bureaucratic re- SA 2790. Mr. CARDIN (for himself, National League for Democracy, was barred quirements resulting in limited access by from becoming President due to the provi- Mr. HATCH, and Mr. VAN HOLLEN) sub- international and local humanitarian orga- sions of section 59(f) of the 2008 Constitution, mitted an amendment intended to be nizations. and therefore assumed the office of State (9) In 2015, the nongovernmental campaign proposed to amendment SA 2282 pro- Counsellor, a position created for her that Global Witness found that, in 2014, the esti- posed by Mr. INHOFE (for himself and made her the country’s de facto leader. mated value of official production of jade Mr. MCCAIN) to the bill H.R. 5515, to au- (3) Aung San Suu Kyi’s first acts as State equated to up to 48 percent of the official thorize appropriations for fiscal year Counsellor after her National League for De- gross domestic product of Burma. Because of 2019 for military activities of the De- mocracy party took office included releasing corruption and a lack of transparency, much partment of Defense, for military con- more than 100 political prisoners, including of the proceeds of the Burmese jade trade en- struction, and for defense activities of well-known journalists and student activists rich notorious leaders from the military held on politically motivated charges. How- the Department of Energy, to prescribe junta, including former dictator Than Shwe ever, as of November 2017, there were 228 po- and United States-sanctioned drug lord military personnel strengths for such litical prisoners in Burma, 46 of which were Hsueh Kang Wei, and vested interests in jade fiscal year, and for other purposes; serving prison sentences, 49 of which were are undermining prospects for resolving the which was ordered to lie on the table; awaiting trial inside prison, and 133 of which most intractable armed conflict in Burma. as follows: were awaiting trial outside prison, according (10) On August 31, 2016, State Counsellor At the end of subtitle D of title IX, add the to the Assistance Association for Political Aung San Suu Kyi and the Government of following: Prisoners. Burma initiated the Union Peace Conference (4) The Government of Burma also con- 21st Century Panglong in Naypyitaw, which SEC. 943. REPORT ON TERMINATION AND TRANSI- TION OF FUNCTIONS AND SERVICES tinues to systematically discriminate more than 1,400 representatives of various OF THE DEFENSE INFORMATION against the Rohingya people. Burma’s 1982 concerned parties attended in an effort to SYSTEMS AGENCY AND WASH- citizenship law stripped Rohingya Burmese begin the process of ending Burma’s civil war INGTON HEADQUARTERS SERVICES. of their Burmese citizenship, rendering them and to discuss options in forming a demo- (a) REPORT REQUIRED BEFORE TERMINATION stateless, and the Government continues to cratic state of Burma. On May 24, 2017, the OR TRANSITION.—The Secretary of Defense restrict Rohingya births and to deny the Government of Burma held a second may not terminate or transfer any functions Rohingya freedom of movement and access Panglong Peace Conference, with mixed re- or services of the Defense Information Sys- to healthcare, land, education, voting, polit- sults. tems Agency or Washington Headquarters ical participation, and marriage. (11) On January 4, 2018, the Department of Services to another element of the Depart- (5) Despite the meaningful steps taken to- State determined that Burma remains des- ment of Defense until the Secretary submits ward democracy in Burma, there remain im- ignated as a country of particular concern to the congressional defense committees a portant structural and systemic impedi- for religious freedom under section 402(b) of report on the termination or transfer. ments to the realization of a fully demo- the International Religious Freedom Act (22 (b) ELEMENTS.—The report on the termi- cratic civilian government, including— U.S.C. 6442(b)), and that ‘‘members of the nation or transfer of functions or services of (A) the 2008 Constitution, which is in need Rohingya community in particular face the Defense Information Systems Agency or of reform; abuses by the Government of Burma, includ- Washington Headquarters Services under (B) the disfranchisement of certain groups ing those involving torture, unlawful arrest subsection (a) shall include the following: who voted in previous elections; and detention, restricted movement, restric- (1) A description of the functions, services, (C) the social, political, and economic con- tions on religious practices, discrimination or both of such Agency or Field Activity to ditions in Rakhine State, particularly with in employment, and access to social serv- be terminated or transferred. respect to the Rohingya population; and ices’’. (2) If functions, services, or both are to be (D) the current humanitarian and human (12) The February 2017 panels set up by the transferred, a description of the element or rights crisis affecting Burma’s Rohingya Burmese army and the Home Affairs Min- elements of the Department to which such population and residents of the Rakhine, istry are widely perceived by the inter- functions or services are to be transferred. Kachin, and Shan states, including credible national community to lack independence (3) A description of disposition of the re- reports of ethnic cleansing, crimes against and impartiality. The December 2016 com- maining functions or services of such Agency humanity, extrajudicial killings, sexual and mission established by Burma’s President

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.035 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3771 Htin Kyaw to investigate the October 2016 aged 6–59 months. Over 50 percent of the of parliamentary seats for the military, attacks dismissed claims of misconduct by Rohingya children are reported to be suf- which provides the military with veto power security forces due to ‘‘insufficient evi- fering from anemia. over constitutional amendments; dence.’’ A Burmese army internal inquiry (22) In response to previous violence be- (B) the establishment of a fully demo- completed in November 2017 claimed there tween the Burmese military and the ethnic cratic, pluralistic, civilian controlled, and had been no abuses committed by the mili- Rohingya people in 2016, Aung San Suu Kyi representative political system that includes tary. The 2012 commission government es- established the Advisory Commission on regularized free and fair elections in which tablished to investigate violence in Rakhine Rakhine State headed by former United Na- all people of Burma, including the Rohingya, State that year never held anyone account- tions Secretary-General Kofi Annan to ad- can vote; able. dress tensions in Northern Rakhine. She has (C) the promotion of genuine national rec- (13) In a public address on October 12, 2017, since also endorsed the Commission’s rec- onciliation and conclusion of a credible and State Counsellor Aung San Suu Kyi laid out ommendations and established an ‘‘Advisory sustainable nationwide ceasefire agreement, 3 goals for the Rakhine State: Team for the Committee for the Implemen- political accommodation of the needs of eth- (A) Repatriation of those who have crossed tation of Recommendations on Rakhine nic Shan, Kachin, Chin, Karen, and other over to Bangladesh and effective provision of State’’ to move forward with implementa- ethnic groups, safe and voluntary return of humanitarian assistance. tion. displaced persons to villages of origins, and (B) Resettlement of displaced populations. (23) On December 21, 2017, using the author- constitutional change allowing inclusive per- (C) Economic development and durable ity granted by the Global Magnitsky Human manent peace; peace. Rights Accountability Act (subtitle F of (D) investigations into credible reports of (14) According to the Me´decins Sans title XII of Public Law 114–328), the Presi- ethnic cleansing, crimes against humanity, Frontie`res estimates, at least 6,700 Rohingya dent imposed sanctions on Maung Maung sexual and gender-based violence, and geno- have been killed, including 730 children, and Soe, a Major General who was the chief of cide perpetrated against ethnic minorities that at least 2,700 others died from disease the Burmese Army’s Western command dur- like the Rohingya by the government, mili- and malnutrition and over an estimated ing the August 2017 attack in Rakhine state. tary, and security forces of Burma, violent 680,000 Rohingya have fled to Bangladesh (24) On November 22, 2017, Secretary of extremist groups, and other combatants in- since August 2017, fearing loss of livelihood State Rex Tillerson stated, ‘‘After careful volved in the conflict; and shelter and disproportionate use of force and through analysis of available facts, it is (E) accountability for determinations of by the military of Burma. clear that the situation in northern Rakhine ethnic cleansing, crimes against humanity, (15) On October 23, 2017, the Department of state constitutes ethnic cleansing against sexual and gender-based violence, and geno- State said, ‘‘We express our gravest concern the Rohingya. Those responsible for these cide perpetrated against ethnic minorities with recent events in Rakhine State and the atrocities must be held accountable.’’. like the Rohingya by the Government, mili- violent, traumatic abuses Rohingya and (25) Ethnic cleansing is a despicable evil, tary, and security forces of Burma, violent other communities have endured. It is imper- and while it is not an independent crime extremist groups, and other combatants in- ative that any individuals or entities respon- under domestic or international law, it is volved in the conflict; sible for atrocities, including non-state ac- often accomplished through acts that con- (F) strengthening the government’s civil- tors and vigilantes, be held accountable.’’. stitute war crimes, crimes against human- ian institutions, including support for great- (16) At a Senate Foreign Relations Com- ity, or genocide, and the perpetrators of such er transparency and accountability; mittee hearing on October 24, 2017, the De- crimes in Burma must be held accountable. (G) the establishment of professional and partment of State indicated that ‘‘refugees nonpartisan military, security, and police continue to cross into Bangladesh, and we SEC. 1282. DEFINITIONS. forces that operate under civilian control; continue to receive credible reports of spo- In this subtitle: (H) empowering local communities, civil radic violence in northern Rakhine State’’. (1) APPROPRIATE CONGRESSIONAL COMMIT- society, and independent media; (17) Amnesty International and Human TEES.—The term ‘‘appropriate congressional (I) promoting responsible international Rights Watch have reported and documented committees’’ means— and regional engagement; a campaign of violence perpetuated by the (A) the Committee on Foreign Relations security forces of Burma that ‘‘may amount and the Committee on Armed Services of the (J) strengthening respect for and protec- to crimes against humanity’’ and ‘‘ethnic Senate; and tion of human rights and religious freedom; cleansing’’ and includes— (B) the Committee on Foreign Affairs and (K) addressing and ending the humani- (A) indiscriminate attacks on civilians; the Committee on Armed Services of the tarian and human rights crisis, including by (B) rape of women and girls; and House of Representatives. supporting the return of the displaced (C) arbitrary arrest and detention of (2) GENOCIDE.—The term ‘‘genocide’’ means Rohingya to their homes and providing equal Rohingya men without charge. any offense described in section 1091(a) of access to restoration of full citizenship for (18) According to Human Rights Watch, title 18, United States Code. the Rohingya population; and Burmese security forces have committed (3) HYBRID TRIBUNAL.—The term ‘‘hybrid (L) promoting broad-based, inclusive eco- widespread rape against women and girls as tribunal’’ means a temporary criminal tri- nomic development and fostering healthy part of a campaign of ethnic cleansing bunal that involves a combination of domes- and resilient communities. against Rohingya Muslims in Burma’s tic and international lawyers, judges, and SEC. 1284. AUTHORIZATION OF HUMANITARIAN Rakhine State. Survivors said that soldiers other professionals to prosecute individuals ASSISTANCE AND RECONCILIATION. gathered them together in groups and then suspected of committing war crimes, crimes (a) HUMANITARIAN ASSISTANCE.— raped or gang raped them. against humanity, or genocide. (1) IN GENERAL.—There is authorized to be (19) Because survivors of conflict-related (4) TRANSITIONAL JUSTICE.—The term appropriated $103,695,069 for fiscal year 2018 sexual or gender-based violence know very ‘‘transitional justice’’ means the range of ju- for humanitarian assistance for Burma, Ban- little about the abusers, aside from identi- dicial, nonjudicial, formal, informal, retribu- gladesh, and the region. The assistance may fying the abuser as a member of a military tive, and restorative measures employed by include— unit, existing laws and accountability mech- countries transitioning out of armed conflict (A) assistance for the victims of the Bur- anisms often fail to protect victims of such or repressive regimes— mese military’s ethnic cleansing campaign violence. (A) to redress legacies of atrocities; and targeting Rohingya in Rakhine State, in- (20) Satellite images captured by Human (B) to promote long-term, sustainable cluding those displaced in Bangladesh, Rights Watch reveal that, out of the approxi- peace. Burma, and the region; mately 470 villages in northern Rakhine (5) WAR CRIME.—The term ‘‘war crime’’ has (B) support for voluntary resettlement or State, most of which were completely or par- the meaning given the term in section 2441(c) repatriation efforts regionally; and tially populated with Rohingya Muslims, of title 18, United States Code. (C) humanitarian assistance to victims of nearly 300 were partially or completely de- SEC. 1283. STATEMENT OF POLICY. violence and destruction in Rakhine State, stroyed by fire after August 25, 2017. It is the policy of the United States that— including victims of gender-based violence (21) The Government of Burma has contin- (1) the pursuit of a calibrated engagement and unaccompanied minors. ued to block access to northern Rakhine strategy is essential to support the estab- (2) SENSE OF CONGRESS ON ADDITIONAL FUND- State by United Nations and other humani- lishment of a peaceful, prosperous, and ING.—It is the sense of Congress that addi- tarian organizations, preventing hundreds of democratic Burma that includes respect for tional significant and sustained funding will thousands of vulnerable Rohingya, Rahkine, the human rights of all its people regardless be necessary to address the medium and and other ethnic groups, including children of ethnicity and religion; and long-term impacts of this crisis. with acute malnutrition, from receiving hu- (2) the guiding principles of such a strategy (b) RECONCILIATION PROGRAMS.—There is manitarian aid. According to a report by the include— authorized to be appropriated $27,400,000 for United Nations Children’s Fund, a diphtheria (A) support for meaningful legal and con- fiscal year 2018 for reconciliation programs outbreak has led to 424 cases and 6 deaths stitutional reforms that remove remaining in Burma. The assistance may include— since December 6, 2017. In addition, the levels restrictions on civil and political rights and (1) reducing the influence of the drivers of of global acute malnutrition in refugees institute civilian control of the military, ci- intercommunal conflict; from Burma exceeds the World Health Orga- vilian control of the government, and the (2) strengthening engagement on areas af- nization’s threshold by 15 percent in children constitutional provision reserving 25 percent fecting fundamental freedoms;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.036 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3772 CONGRESSIONAL RECORD — SENATE June 12, 2018 (3) enhancing the ability of key stake- (1) The military adheres to international and constitutional reforms to ensure civilian holders to engage in the peace process; and human rights standards and pledges to stop control of the Government. (4) assisting the implementation of the future human rights violations. (B) A list of ongoing military activities Kofi Annan Commission report. (2) The military supports efforts to carry conducted by the United States Government SEC. 1285. MULTILATERAL ASSISTANCE. out meaningful and comprehensive inves- with the Government of Burma, and a de- The Secretary of the Treasury should in- tigations of credible reports of abuses and is scription of the United States strategy for struct the United States executive director taking steps to hold accountable those in the future military-to-military engagements be- of each international financial institution to Burmese military responsible for human tween the United States and Burma’s mili- use the voice and vote of the United States rights violations. tary forces, including the military of Burma, to support projects in Burma that— (3) The military supports efforts to carry the Burma Police Force, and armed ethnic (1) provide for accountability and trans- out meaningful and comprehensive inves- groups. parency, including the collection, tigations of reports of conflict-related sexual (C) An assessment of the progress of the verification and publication of beneficial and gender-based violence and is taking military of Burma towards developing a ownership information related to extractive steps to hold accountable those in the Bur- framework to implement human rights re- industries and on-site monitoring during the mese military who failed to prevent, respond forms, including— life of the project; to, investigate, and prosecute violence (i) cooperation with civilian authorities to (2) will be developed and carried out in ac- against women, sexual violence, or other investigate and prosecute cases of human cordance with best practices regarding envi- gender-based violence. rights violations; ronmental conservation, cultural protection, (4) The Government of Burma, including (ii) steps taken to demonstrate respect for and empowerment of local populations, in- the military, allows immediate and unfet- internationally-recognized human rights cluding free, prior, and informed consent of tered humanitarian access to communities standards and implementation of and adher- affected indigenous communities; in areas affected by conflict, including ence to the laws of war; and (3) do not provide incentives for, or facili- Rohingya communities in Rakhine State. (iii) a description of the elements of the tate, forced displacement; and (5) The Government of Burma, including military-to-military engagement between (4) do not partner with or otherwise in- the military, cooperates with the United Na- the United States and Burma that promote volve enterprises owned or controlled by the tions High Commissioner for Refugees and such implementation. armed forces. other relevant United Nations agencies to (D) An assessment of progress on the SEC. 1286. SENSE OF CONGRESS ON RIGHT OF RE- ensure the protection of displaced persons peaceful settlement of armed conflicts be- TURNEES AND FREEDOM OF MOVE- and the safe and voluntary return of tween the Government of Burma and ethnic MENT. Rohingya refugees and internally displaced minority groups, including actions taken by (a) RIGHT OF RETURN.—It is the sense of persons. the military of Burma to adhere to ceasefire Congress that the Government of Burma, in (6) The Government of Burma, including agreements, allow for safe and voluntary re- collaboration with the regional and inter- the military, takes steps toward the imple- turns of displaced persons to their villages of national community, including the United mentation of the recommendations of the origin, and withdraw forces from conflict Nations High Commissioner for Refugees, Advisory Commission on Rakhine State. zones. should— (E) An assessment of the Burmese’s mili- (b) EXCEPTIONS.— (1) ensure the dignified, safe, and voluntary tary recruitment and use of children as sol- (1) CERTAIN EXISTING AUTHORITIES.—The diers. return of all those displaced from their Department of Defense may continue to con- (F) An assessment of the Burmese’s mili- homes, especially from Rakhine State, with- duct consultations based on the authorities tary’s use of violence against women, sexual out an unduly high burden of proof; under section 1253 of the Carl Levin and violence, or other gender-based violence as a (2) offer to those who do not want to return Howard P. ‘‘Buck’’ McKeon National Defense meaningful opportunity to obtain appro- tool of terror, war, or ethnic cleansing. Authorization Act for Fiscal Year 2015 (Pub- (f) CIVILIAN CHANNELS.—Any program initi- priate compensation or restitution; lic Law 113–291; 22 U.S.C. 2151 note). (3) not place returning Rohingya in DP ated under this section shall use appropriate (2) HOSPITALITY.—The United States Agen- camps or ‘‘model villages’’, but instead make civilian government channels with the demo- cy for International Development and the cratically elected Government of Burma. efforts to reconstruct Rohingya villages as Department of State may provide assistance and where they were; (g) REGULAR CONSULTATIONS.—Any new authorized by part I of the Foreign Assist- program or activity in Burma initiated (4) keep any funds collected by the Govern- ance Act of 1961 (22 U.S.C. 2151 et seq.) to under this section shall be subject to prior ment by harvesting the land previously support ethnic armed groups and the Bur- consultation with the appropriate congres- owned and tended by Rohingya farmers for mese military for the purpose of supporting sional committees. them upon their return; and research, dialogues, meetings, and other ac- (5) fully implement all of the recommenda- SEC. 1288. VISA BAN AND ECONOMIC SANCTIONS tivities related to the Union Peace Con- WITH RESPECT TO MILITARY OFFI- tions of the Advisory Commission on ference, Political Dialogues, and related CIALS RESPONSIBLE FOR HUMAN Rakhine State. processes, in furtherance of inclusive, sus- RIGHTS VIOLATIONS. (b) FREEDOM OF MOVEMENT OF REFUGEES tainable reconciliation. (a) LIST REQUIRED.— AND INTERNALLY DISPLACED PERSONS.—Con- (1) IN GENERAL.—Not later than 180 days gress recognizes that the Government of (c) MILITARY REFORM.—The certification required under subsection (a) shall include a after the date of the enactment of this Act, Bangladesh has provided long-standing sup- the President shall submit to the appro- port and hospitality to people fleeing vio- written justification in classified and unclas- sified form describing the Burmese mili- priate congressional committees a list of lence in Burma, and calls on the Government senior officials of the military and security tary’s efforts to implement reforms, end im- of Bangladesh— forces of Burma that the President deter- punity for human rights violations, and in- (1) to ensure all refugees have freedom of mines have knowingly played a direct and crease transparency and accountability. movement and under no circumstance are significant role in the commission of human (d) RULE OF CONSTRUCTION.—Nothing in subject to unsafe, involuntary, or unin- rights violations in Burma, including against this subtitle shall be construed to authorize formed repatriation; and the Rohingya minority population. Department of Defense assistance to the (2) to ensure the dignified, safe, and vol- (2) INCLUSIONS.—The list required by para- untary return of those displaced from their Government of Burma except as provided in graph (1) shall include all of the senior offi- homes, and offer to those who do not want to this section. cials of the military and security forces of return meaningful means to obtain com- (e) REPORT.— Burma— pensation or restitution. (1) IN GENERAL.—Not later than 180 days (A) in charge of each unit that was oper- SEC. 1287. MILITARY COOPERATION. after the date of the enactment of this sub- ational during the so-called ‘‘clearance oper- (a) PROHIBITION.—Except as provided under title, and every 180 days thereafter, the Sec- ations’’ that began during or after October subsection (b), the President may not furnish retary of State and the Secretary of Defense 2016; and any security assistance or to engage in any shall submit to the appropriate congres- (B) who knew, or should have known, that military-to-military programs with the sional committees a report, in both classi- the official’s subordinates were committing armed forces of Burma, including training or fied and unclassified form, on the strategy sexual or gender-based violence and failed to observation or participation in regional ex- and plans for military-to-military engage- take adequate steps to prevent such violence ercises, until the Secretary of State, in con- ment between the United States Armed or punish the individuals responsible for sultation with the Secretary of Defense, cer- Forces and the military of Burma. such violence. tifies to the appropriate congressional com- (2) ELEMENTS.—The report required under (3) UPDATES.—Not less frequently than mittees that the Burmese military has dem- paragraph (1) shall include the following ele- every 180 days, the President shall submit to onstrated significant progress in abiding by ments: the appropriate congressional committees an international human rights standards and is (A) A description and assessment of the updated version of the list required by para- undertaking meaningful and significant se- Government of Burma’s strategy for security graph (1). curity sector reform, including transparency sector reform, including as it relates to an (b) SANCTIONS.— and accountability to prevent future abuses, end to involvement in the illicit trade in (1) VISA BAN.—The Secretary of State shall as determined by applying the following cri- jade and other natural resources, reforms to deny a visa to, and the Secretary of Home- teria: end corruption and illicit drug trafficking, land Security shall exclude from the United

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.036 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3773 States, any individual included in the most food, or any other form of humanitarian or development, in accordance with the prior- recent list required subsection (a). human rights-related assistance provided to ities of the Government of Burma to improve (2) LIST OF SPECIALLY DESIGNATED NATION- Burma in response to a humanitarian crisis. economic conditions. ALS AND BLOCKED PERSONS.— (2) UNITED NATIONS HEADQUARTERS AGREE- (b) ELEMENTS.—In order to support the ef- (A) IN GENERAL.—Not later than 180 days MENT.—Subsection (b)(1) shall not apply to forts of the Government of Burma, the strat- after the date of the enactment of this Act, the admission of an individual to the United the President shall— States if such admission is necessary to com- egy required by subsection (a) shall include a (i) determine whether the individuals spec- ply with United States obligations under the plan to promote inclusive and responsible ified in subparagraph (B) should be included Agreement between the United Nations and economic growth, including through the fol- on the SDN list; and the United States of America regarding the lowing initiatives: (ii) submit to the appropriate congres- Headquarters of the United Nations, signed (1) Develop an economic reform road-map sional committees a report, in classified at Lake Success June 26, 1947, and entered to diversify control over and access to par- form if necessary, on the procedures for in- into force November 21, 1947, or under the ticipation in key industries and sectors. The cluding those individuals on the SDN list Convention on Consular Relations, done at United States Government should support under existing authorities of the Department Vienna April 24, 1963, and entered into force the Government of Burma to develop a road- of the Treasury. March 19, 1967, or other international obliga- map to assess and recommend measures to (B) INDIVIDUALS SPECIFIED.—The individ- tions of the United States. remove barriers and increase competition, uals specified in this subparagraph are— (e) WAIVER.—The President may waive a access and opportunity in sectors dominated (i) the head of each unit of the military or requirement of this section if the Secretary by the military, former military officials, security forces of Burma that was oper- of State, in consultation with the Secretary and their families, and businesspeople con- ational during the so-called ‘‘clearance oper- of the Treasury, determines and reports to nected to the military. The roadmap should ations’’ that began during or after October the appropriate congressional committees include areas related to government trans- 2016, including— that the waiver is important to the national parency, accountability, and governance. (I) Senior General Min Aung Hlaing; and security interests of the United States. (2) Increase transparency disclosure re- (II) Major General Khin Maung Soe; (f) IMPLEMENTATION; PENALTIES.— quirements in key sectors to promote re- (ii) any senior official of the military or se- (1) IMPLEMENTATION.—The President may sponsible investment. Provide technical sup- curity forces of Burma for which the Presi- exercise all authorities provided under sec- port to develop and implement policies, and dent determines there are credible reports tions 203 and 205 of the International Emer- revise existing policies on public disclosure that the official has aided, participated, or is gency Economic Powers Act (50 U.S.C. 1702 of beneficial owners of companies in key sec- otherwise implicated in gross human rights and 1704) to carry out this section. tors identified by the Government of Burma, violations in Burma, including sexual and (2) PENALTIES.—A person that violates, at- including the identities of those seeking or ethnic- or gender-based violence; and tempts to violate, conspires to violate, or securing access to Burma’s most valuable re- (iii) any senior official of the military or causes a violation of paragraph (2) or (3) of sources. In the ruby industry, this specifi- security forces of Burma for which the Presi- subsection (b) or any regulation, license, or cally includes working with the Government dent determines there are credible reports order issued to carry out either such para- of Burma to require the disclosure of the ul- that the official knew, or should have graph shall be subject to the penalties set timate beneficial ownership of entities in the known, that the official’s subordinates were forth in subsections (b) and (c) of section 206 industry and the publication of project reve- committing sexual or gender-based violence of the International Emergency Economic nues, payments, and contract terms relating and failed to take adequate steps to prevent Powers Act (50 U.S.C. 1705) to the same ex- to the industry. Such new requirements such violence or punish the individuals re- tent as a person that commits an unlawful should complement disclosures due to be put sponsible for such violence. act described in subsection (a) of that sec- in place in Burma as a result of its participa- (3) AUTHORITY FOR ADDITIONAL FINANCIAL tion. tion in the Extractives Industry Trans- SANCTIONS.—The Secretary of the Treasury (3) RULE OF CONSTRUCTION.—This sub- parency Initiative (EITI). may, in consultation with the Secretary of section shall not be construed to require the (3) Promote universal access to reliable, af- State, prohibit or impose strict conditions President to declare a national emergency fordable, energy efficient, and sustainable on the opening or maintaining in the United under section 202 of the International Emer- power, including leveraging United States States of a correspondent account or pay- gency Economic Powers Act (50 U.S.C. 1701). assistance to support reforms in the power able-through account by any financial insti- (g) DEFINITIONS.—In this section: sector and electrification projects that in- tution that is a United States person, for or (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- crease energy access, in partnership with on behalf of a foreign financial institution, if ABLE-THROUGH ACCOUNT.—The terms ‘‘ac- multilateral organizations and the private the Secretary determines that the account is count’’, ‘‘correspondent account’’, and ‘‘pay- sector. knowingly used— able-through account’’ have the meanings (A) by a foreign financial institution that given those terms in section 5318A of title 31, SEC. 1290. REPORT ON ETHNIC CLEANSING AND knowingly holds property or an interest in United States Code. SERIOUS HUMAN RIGHTS ABUSES IN BURMA. property of an individual included on the (2) FINANCIAL INSTITUTION.—The term ‘‘fi- SDN list pursuant to paragraph (2); or nancial institution’’ has the meaning given (a) IN GENERAL.—Not later than 90 days (B) to conduct a significant transaction on that term in section 5312 of title 31, United after the date of the enactment of this Act, behalf of such an individual. States Code. the Secretary of State shall submit to the (4) RULE OF CONSTRUCTION.—Nothing in this (3) KNOWINGLY.—The term ‘‘knowingly’’, appropriate congressional committees a re- subsection may be construed to prohibit any with respect to conduct, a circumstance, or a port detailing the credible reports of ethnic contract or other financial transaction by a result, means that a person has actual cleansing and serious human rights abuses United States person with a credible non- knowledge, or should have known, of the committed against the Rohingya in Burma, governmental humanitarian organization in conduct, the circumstance, or the result. including credible reports of war crimes, Burma. (4) SDN LIST.—The term ‘‘SDN list’’ means crimes against humanity, and genocide, and (c) REMOVAL FROM LIST.—The President the list of specially designated nationals and on potential transnational justice mecha- may remove an individual from the list re- blocked persons maintained by the Office of nisms in Burma. quired by subsection (a) if the President de- Foreign Assets Control of the Department of termines and reports to the appropriate con- the Treasury. (b) ELEMENTS.—The reports required under gressional committees that— (5) UNITED STATES PERSON.—The term subsection (a) shall include— (1) the individual has— ‘‘United States person’’ means— (1) a description of credible reports of eth- (A) publicly acknowledged the role of the (A) a United States citizen or an alien law- nic cleaning and serious human rights abuses individual in committing past human rights fully admitted for permanent residence to perpetrated against the Rohingya ethnic mi- violations; the United States; nority in Burma, including— (B) cooperated with independent efforts to (B) an entity organized under the laws of (A) incidents that may constitute ethnic investigate such violations; the United States or of any jurisdiction cleansing, crimes against humanity, sexual (C) been held accountable for such viola- within the United States, including a foreign and gender-based violence, and genocide tions; and branch of such an entity; or committed by the Burmese military, and (D) demonstrated substantial progress in (C) any person in the United States. other actors involved in the violence; reforming the individual’s behavior with re- SEC. 1289. STRATEGY FOR PROMOTING ECO- (B) incidents that may constitute ethnic spect to the protection of human rights in NOMIC DEVELOPMENT. cleansing, crimes against humanity, sexual the conduct of civil-military relations; and (a) IN GENERAL.—Not later than 180 days and gender-based violence, or genocide com- (2) removing the individual from the list is after the date of the enactment of this Act, mitted by violent extremist groups or in the national interest of the United States. the Secretary of State, the Secretary of the antigovernment forces; (d) EXCEPTIONS.— Treasury, and the Administrator of the (C) any incidents that may violate the (1) HUMANITARIAN ASSISTANCE.—A require- United States Agency for International De- principle of medical neutrality and, if pos- ment to impose sanctions under this section velopment shall submit to the appropriate sible, identification of the individual or indi- shall not apply with respect to the provision congressional committees a strategy to sup- viduals who engaged in or organized such in- of medicine, medical equipment or supplies, port sustainable and broad-based economic cidents; and

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SENSE OF CONGRESS ON PRESS FREE- vies of close allies of the United States, in- the conventional and unconventional weap- DOM. cluding Australia, Canada, India, South ons used for such crimes and the origins of In order to promote freedom of the press in Korea, Taiwan, and other countries pursuing such weapons; Burma, it is the sense of Congress that— the modernization of their fleets; and (2) a description and assessment by the De- (1) Wa Lone and Kyaw Soe Oo should be (2) naval cooperation arising from the in- partment of State, the United States Agency immediately released and should have access corporation of such systems into such war- for International Development, the Depart- to lawyers and their families; and ships will— ment of Justice, and other appropriate Fed- (2) the decision to use a colonial-era law to (A) help guarantee interoperability and eral departments and agencies of programs arrest these Reuters reporters undermines commonality of warfighting systems be- that the United States Government has al- press freedom around the world and further tween the United States and our allies in the ready or is planning to undertake to ensure underscores the need for serious legal re- Indo-Pacific region; and accountability for credible reports of ethnic form. (B) promote the expansion of the dyna- cleansing and reports of war crimes, crimes SEC. 1293. MEASURES RELATING TO MILITARY mism and innovation of the defense industry against humanity, sexual and gender-based COOPERATION BETWEEN BURMA manufacturing supply chain in the United violence, and genocide perpetrated against AND NORTH KOREA. States. the Rohingya and other ethnic minority (a) IMPOSITION OF SANCTIONS.— groups by the Government, security forces, (1) IN GENERAL.—The President may, with SA 2793. Mr. CORNYN submitted an and military of Burma, violent extremist respect to any person described in paragraph amendment intended to be proposed to groups, and other combatants involved in (2)— amendment SA 2282 proposed by Mr. (A) impose the sanctions described in para- the conflict, including programs— INHOFE (for himself and Mr. MCCAIN) to graph (1) or (3) of section 1288(b); or (A) to train investigators within and out- the bill H.R. 5515, to authorize appro- side of Burma and Bangladesh on how to doc- (B) include that person on the SDN list (as ument, investigate, develop findings of, and defined in section 1288(g)). priations for fiscal year 2019 for mili- identify and locate alleged perpetrators of (2) PERSONS DESCRIBED.—A person de- tary activities of the Department of ethnic cleansing, crimes against humanity, scribed in this paragraph is an official of the Defense, for military construction, and or genocide in Burma; Government of Burma or an individual or en- for defense activities of the Depart- (B) to promote and prepare for a transi- tity acting on behalf of that Government ment of Energy, to prescribe military tional justice process or processes for the that the President determines purchases or personnel strengths for such fiscal perpetrators of ethnic cleansing, crimes otherwise acquires defense articles from the year, and for other purposes; which was Government of North Korea or an individual against humanity, and genocide in Burma; ordered to lie on the table; as follows: and or entity acting on behalf of that Govern- (C) to document, collect, preserve, and pro- ment. At the end of subtitle B of title III, add the tect evidence of reports of ethnic cleansing, (b) RESTRICTION ON FOREIGN ASSISTANCE.— following: crimes against humanity, and genocide in The President may terminate or reduce the SEC. 316. CORE SAMPLING STUDY AND REPORT Burma, including support for Burmese and provision of United States foreign assistance AT JOINT BASE SAN ANTONIO, Bangladeshi, foreign, and international non- to Burma if the President determines that TEXAS. governmental organizations, the United Na- the Government of Burma does not (a) SITE INVESTIGATION REQUIRED.—The tions Human Rights Council’s investigative verifiably and irreversibly eliminate all pur- Secretary of the Air Force shall conduct a team, and other entities; and chases or other acquisitions of defense arti- core sampling study along an agreed upon (3) A detailed study of the feasibility and cles by persons described in subsection (a)(2) route between the Air Force and San Anto- desirability of potential transitional justice from the Government of North Korea or indi- nio Water System of the wastewater treat- mechanisms for Burma, including a hybrid viduals or entities acting on behalf of that ment line on Air Force real property, in tribunal, and recommendations on which Government. compliance with best engineering practices, transitional justice mechanisms the United (c) DEFENSE ARTICLE DEFINED.—In this sec- to determine if any regulated or hazardous States Government should support, why such tion, the term ‘‘defense article’’ has the substances are present in the soil along an mechanisms should be supported, and what meaning given that term in section 47 of the agreed upon route. type of support should be offered. Arms Export Control Act (22 U.S.C. 2794). (b) REPORT REQUIRED.—Not later than 120 days after the date of the agreement on the (c) PROTECTION OF WITNESSES AND EVI- SEC. 1294. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE. route, the Secretary of the Air Force shall DENCE.—The Secretary shall take due care to submit to the Committees on Armed Serv- ensure that the identification of witnesses Nothing in this subtitle shall be construed as an authorization for the use of force. ices of the Senate and the House of Rep- and physical evidence are not publicly dis- resentatives a report on the results of the closed in a manner that might place such SA 2792. Mr. INHOFE (for himself core samples taken pursuant to subsection persons at risk of harm or encourage the de- (a). struction of evidence by the Government of and Mr. MENENDEZ) submitted an Burma. amendment intended to be proposed to SA 2794. Mr. SCOTT (for himself and amendment SA 2282 proposed by Mr. SEC. 1291. TECHNICAL ASSISTANCE AUTHORIZED. Mr. BROWN) submitted an amendment INHOFE (for himself and Mr. MCCAIN) to intended to be proposed to amendment (a) IN GENERAL.—The Secretary of State, the bill H.R. 5515, to authorize appro- in consultation with the Department of Jus- SA 2282 proposed by Mr. INHOFE (for priations for fiscal year 2019 for mili- tice and other appropriate Federal depart- himself and Mr. MCCAIN) to the bill ments and agencies, is authorized to provide tary activities of the Department of H.R. 5515, to authorize appropriations appropriate assistance to support entities Defense, for military construction, and for fiscal year 2019 for military activi- that, with respect to credible reports of eth- for defense activities of the Depart- ties of the Department of Defense, for nic cleansing, crimes against humanity, and ment of Energy, to prescribe military military construction, and for defense genocide perpetrated by the military, secu- personnel strengths for such fiscal rity forces, and Government of Burma, Bud- activities of the Department of Energy, year, and for other purposes; which was to prescribe military personnel dhist militias, and all other armed groups ordered to lie on the table; as follows: fighting in Rakhine State— strengths for such fiscal year, and for (1) identify suspected perpetrators of eth- At the end of subtitle E of title XII, add other purposes; which was ordered to nic cleansing, war crimes, crimes against hu- the following: lie on the table; as follows: manity, and genocide; SEC. 1250. SENSE OF SENATE ON INCORPORA- At the end of subtitle C of title II, add the (2) collect, document, and protect evidence TION OF NON-NUCLEAR NAVAL PRO- following: of crimes and preserve the chain of custody PULSION AND TECHNOLOGY SYS- for such evidence; TEMS MANUFACTURED IN THE SEC. lll. IMPORTANCE OF HISTORICALLY UNITED STATES INTO THE NAVAL BLACK COLLEGES AND UNIVER- (3) conduct criminal investigations; and VESSELS OF UNITED STATES ALLIES SITIES AND MINORITY-SERVING IN- (4) support investigations by third-party IN THE INDO-PACIFIC REGION. STITUTIONS. states, as appropriate. It is the sense of the Senate that, con- (a) INCREASE.—Funds authorized to be ap- (b) ADDITIONAL ASSISTANCE.—The Sec- sistent with the Conventional Arms Transfer propriated in Research, Development, Test, retary of State, after consultation with ap- Policy of the United States Government re- and Evaluation, Defense-wide, PE propriate Federal departments and agencies cently updated to promote policies that 0601228D8Z, section 4201, for Basic Research, and the appropriate congressional commit- strengthen our allies and partners around Historically Black Colleges and Universities/ tees, and taking into account the findings of the world and preserve peace while creating Minority Institutions, Line 006, are hereby the transitional justice study required under American manufacturing jobs— increased by $10,000,000. section 1290(b)(3), is authorized to provide as- (1) it is in the interest of the United States (b) OFFSET.—Funding in section 4101 for sistance to support the creation and oper- that non-nuclear naval propulsion and tech- Other Procurement, Army, for Automated ation of transitional justice mechanisms for nology systems manufactured in the United Data Processing Equipment, Line 112, is Burma. States be incorporated into warships of na- hereby reduced by $10,000,000.

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Mr. PAUL submitted an tablished under this subsection, the covered matching funding provided by the eligible amendment intended to be proposed by agency shall not be required to implement a third party investor will lead to commercial him to the bill H.R. 5515, to authorize commercialization assistance pilot program and societal benefit. appropriations for fiscal year 2019 for under this subsection. ‘‘(9) EVALUATION REPORT.—Not later than 3 ‘‘(2) PERCENT OF AGENCY FUNDS.—The head years after the date of enactment of this sub- military activities of the Department of each covered agency may allocate not section, the Comptroller General of the of Defense, for military construction, more than 5 percent of the funds allocated to United States shall submit to the Committee and for defense activities of the De- the SBIR program of the covered agency for on Small Business and Entrepreneurship of partment of Energy, to prescribe mili- the purpose of making a subsequent Phase II the Senate and the Committee on Science, tary personnel strengths for such fiscal SBIR award under the commercialization as- Space, and Technology and the Committee year, and for other purposes; which was sistance pilot program. on Small Business of the House of Represent- ordered to lie on the table; as follows: ‘‘(3) TERMINATION.—A commercialization atives a report including— assistance pilot program established under ‘‘(A) a summary of the activities of com- At the appropriate place, insert the fol- this subsection shall terminate on Sep- mercialization assistance pilot programs lowing: tember 30, 2022. carried out under this subsection; SEC. lll. PROHIBITION ON THE INDEFINITE ‘‘(4) APPLICATION.—To be selected to re- ‘‘(B) a detailed compilation of results DETENTION OF PERSONS BY THE ceive a subsequent Phase II SBIR award achieved by those commercialization assist- UNITED STATES. under a commercialization assistance pilot ance pilot programs, including the number of (a) LIMITATION ON DETENTION.—Section 4001 program, an eligible entity shall submit to eligible entities that received awards under of title 18, United States Code, is amended— the covered agency implementing the pilot those programs; (1) by striking subsection (a) and inserting program an application at such time, in such ‘‘(C) the rate at which each eligible entity the following: manner, and containing such information as that received a subsequent Phase II SBIR ‘‘(a) No person shall be imprisoned or oth- the covered agency may require, including— award under this subsection commercialized erwise detained by the United States except ‘‘(A) an updated Phase II commercializa- research of the recipient; consistent with the Constitution.’’; tion plan; and ‘‘(D) the growth in employment and rev- (2) by redesignating subsection (b) as sub- ‘‘(B) the source and amount of the match- enue of eligible entities that is attributable section (c); and ing funding required under paragraph (5). to participation in a commercialization as- (3) by inserting after subsection (a) the fol- ‘‘(5) MATCHING FUNDING.— sistance pilot program; lowing: ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(E) a comparison of commercialization ‘‘(b)(1) A general authorization to use mili- require, as a condition of any subsequent success of eligible entities participating in a tary force, a declaration of war, or any simi- Phase II SBIR award made to an eligible en- commercialization assistance pilot program lar authority, on its own, shall not be con- tity under this subsection, that a matching with recipients of an additional Phase II strued to authorize the imprisonment or de- amount (excluding any fees collected by the SBIR award under subsection (ff); tention without charge or trial of a person eligible entity receiving the award) equal to ‘‘(F) demographic information, such as eth- apprehended in the United States. the amount of the award be provided from an nicity and geographic location, of eligible ‘‘(2) Paragraph (1) applies to an authoriza- eligible third party investor. entities participating in a commercialization tion to use military force, a declaration of ‘‘(B) INELIGIBLE SOURCES.—An eligible enti- assistance pilot program; war, or any similar authority enacted before, ty may not use funding from ineligible ‘‘(G) an accounting of the funds used at on, or after the date of the enactment of this sources to meet the matching requirement of each covered agency that implements a com- paragraph. subparagraph (A). mercialization assistance pilot program ‘‘(3) This section shall not be construed to ‘‘(C) EXCEPTION.—The Administrator shall under this subsection; authorize the imprisonment or detention of not require, as a condition of any subsequent ‘‘(H) the amount of matching funding pro- any person who is apprehended in the United Phase II SBIR award made to an eligible en- vided by eligible third party investors, set States.’’. tity under this subsection, a matching forth separately by source of funding; (b) REPEAL OF AUTHORITY OF THE ARMED amount if the eligible entity is located in an ‘‘(I) an analysis of the effectiveness of the FORCES OF THE UNITED STATES TO DETAIN underperforming State. commercialization assistance pilot program COVERED PERSONS PURSUANT TO THE AUTHOR- ‘‘(6) AWARD.—A subsequent Phase II SBIR implemented by each covered agency; and IZATION FOR USE OF MILITARY FORCE.—Sec- award made to an eligible entity under this ‘‘(J) recommendations for improvements tion 1021 of the National Defense Authoriza- subsection— to the commercialization assistance pilot tion Act for Fiscal Year 2012 (Public Law ‘‘(A) may not exceed the limitation de- program. 112–81; 10 U.S.C. 801 note) is repealed. scribed under subsection (aa)(1); and ‘‘(10) DEFINITIONS.—For purposes of this ‘‘(B) shall be disbursed during Phase II. subsection: SA 2796. Mr. KENNEDY submitted an ‘‘(7) USE OF FUNDS.—The funds awarded to ‘‘(A) COVERED AGENCY.—The term ‘covered amendment intended to be proposed to an eligible entity under this subsection may agency’ means a Federal agency required to amendment SA 2282 proposed by Mr. only be used for research and development have an SBIR program. activities that build on Phase II program of ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible INHOFE (for himself and Mr. MCCAIN) to the eligible entity’s and ensure the research entity’ means a small business concern that the bill H.R. 5515, to authorize appro- funded under that Phase II is rapidly pro- has received a Phase II award under an SBIR priations for fiscal year 2019 for mili- gressing towards commercialization. program and an additional Phase II SBIR tary activities of the Department of ‘‘(8) SELECTION.—In selecting eligible enti- award under subsection (ff) from the covered Defense, for military construction, and ties to participate in a commercialization agency to which the small business concern for defense activities of the Depart- assistance pilot program under this sub- is applying for a subsequent Phase II SBIR ment of Energy, to prescribe military section, the head of a covered agency shall award. personnel strengths for such fiscal consider— ‘‘(C) ELIGIBLE THIRD PARTY INVESTOR.—The ‘‘(A) the extent to which the award could term ‘eligible third party investor’ means a year, and for other purposes; which was aid the eligible entity in commercializing small business concern other than an eligible ordered to lie on the table; as follows: the research funded under the Phase II pro- entity, a venture capital firm, an individual At the end of subtitle I of title VIII, add gram of the eligible entity; investor, a non-SBIR Federal, State or local the following: ‘‘(B) whether the updated Phase II com- government, or any combination thereof. SEC. 896. COMMERCIALIZATION ASSISTANCE mercialization plan submitted under para- ‘‘(D) INELIGIBLE SOURCES.—The term ‘ineli- PILOT PROGRAM. graph (4) provides a sound approach for es- gible sources’ means the following: Section 9 of the Small Business Act (15 tablishing technical feasibility that could ‘‘(i) The internal research and development U.S.C. 638) is amended by adding at the end lead to commercialization of the research; funds of the eligible entity. the following: ‘‘(C) whether the proposed activities to be ‘‘(ii) Funding in forms other than cash, ‘‘(tt) COMMERCIALIZATION ASSISTANCE PILOT conducted under the updated Phase II com- such as in-kind or other intangible assets. PROGRAMS.— mercialization plan further improve the like- ‘‘(iii) Funding from the owners of the eligi- ‘‘(1) PILOT PROGRAMS IMPLEMENTED.— lihood that the research will provide societal ble entity, or the family members or affili- ‘‘(A) IN GENERAL.—Except as provided in benefits; ates of those owners. subparagraph (B), not later than 1 year after ‘‘(D) whether the small business concern ‘‘(iv) Funding attained through loans or the date of enactment of this subsection, a has progressed satisfactorily in Phase II to other forms of debt obligations. covered agency shall implement a commer- justify receipt of a subsequent Phase II SBIR ‘‘(E) SUBSEQUENT PHASE II SBIR AWARD.— cialization assistance pilot program under award; The term ‘subsequent Phase II SBIR award’ which an eligible entity may receive a subse- ‘‘(E) the expectations of the eligible third means an award granted to an eligible entity quent Phase II SBIR award. party investor that provides matching fund- under this subsection to carry out further ‘‘(B) EXCEPTION.—If the Administrator de- ing under paragraph (5); and commercialization activities for research termines that a covered agency has a pro- ‘‘(F) the likelihood that the proposed ac- conducted pursuant to an SBIR program. gram that is sufficiently similar to the com- tivities to be conducted under the updated ‘‘(F) UNDERPERFORMING STATE.—The term mercialization assistance pilot program es- Phase II commercialization plan using ‘underperforming State’ means any State

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.038 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3776 CONGRESSIONAL RECORD — SENATE June 12, 2018 participating in the SBIR program that is in personnel strengths for such fiscal (B) The findings of the Secretary with re- the bottom 50 percent of all States histori- year, and for other purposes; which was spect to the initiative. cally receiving SBIR program funding.’’. ordered to lie on the table; as follows: (C) Such recommendations as the Sec- retary may have for legislative or adminis- SA 2797. Mr. KENNEDY submitted an At the end of subtitle C of title II, add the trative action relating to the matters de- amendment intended to be proposed to following: scribed in subsection (a). amendment SA 2282 proposed by Mr. SEC. lll. INITIATIVE TO SUPPORT PROTEC- (D) Identification and discussion of the TION OF NATIONAL SECURITY ACA- INHOFE (for himself and Mr. MCCAIN) to gaps in legal authorities that need to be im- DEMIC RESEARCHERS FROM UNDUE prove to enhance the security of research in- the bill H.R. 5515, to authorize appro- INFLUENCE AND OTHER SECURITY THREATS. stitutions of higher education performing de- priations for fiscal year 2019 for mili- fense research. tary activities of the Department of (a) INITIATIVE REQUIRED.—The Secretary of Defense shall, in consultation with other ap- (E) A description of the actions taken by Defense, for military construction, and such institutions to comply with such best propriate government organizations, estab- practices and guidelines as may be estab- for defense activities of the Depart- lish an initiative to work with academic in- lished by under the initiative. ment of Energy, to prescribe military stitutions who perform defense research and (3) FORM.—The report submitted under personnel strengths for such fiscal engineering activities— paragraph (1) shall be submitted in both un- year, and for other purposes; which was (1) to support protection of intellectual classified and classified formats, as appro- property, controlled information, key per- ordered to lie on the table; as follows: priate. sonnel, and information about critical tech- At the end of subtitle I of title VIII, add (e) INSTITUTION OF HIGHER EDUCATION DE- the following: nologies relevant to national security; FINED.—The term ‘‘institution of higher edu- SEC. 896. ANNUAL LIST OF SBIR AWARDS. (2) to limit undue influence by countries cation’’ has the meaning given such term in Section 9 of the Small Business Act (15 engaged in illicit behaviors to exploit United section 101 of the Higher Education Act of U.S.C. 638) is amended by adding at the end States technology within the Department of 1965 (20 U.S.C. 1001). the following: Defense research, technology, and innova- ‘‘(tt) ANNUAL LIST OF LOW PARTICIPATION tion enterprise; and SA 2800. Mr. BLUMENTHAL sub- STATES.—Each Federal agency participating (3) to support efforts toward development mitted an amendment intended to be in the SBIR program shall submit to the ap- of domestic talent in relevant scientific and proposed to amendment SA 2282 pro- engineering fields. propriate committees of Congress (as defined posed by Mr. INHOFE (for himself and (b) INSTITUTIONS AND ORGANIZATIONS.— in subsection (nn)(3)(C)) an annual report Mr. MCCAIN) to the bill H.R. 5515, to au- (1) IN GENERAL.—The initiative required by that includes, for the preceding 12-month pe- thorize appropriations for fiscal year riod— subsection (a) shall be developed and exe- cuted to the maximum extent practicable 2019 for military activities of the De- ‘‘(1) a list of the number of SBIR awards partment of Defense, for military con- provided to small business concerns in each with academic research institutions and State; and other educational and research organiza- struction, and for defense activities of ‘‘(2) a plan to increase the number of SBIR tions. the Department of Energy, to prescribe awards provided to small business concerns (2) RECORD OF EXCELLENCE.—In selecting military personnel strengths for such located in the 10 States listed under para- research institutions of higher education fiscal year, and for other purposes; graph (1) with the lowest number of SBIR under this subsection, the Secretary shall which was ordered to lie on the table; awards.’’. prioritize selection of institutions of higher as follows: education that the Secretary determines demonstrate a record of excellence in indus- At the end of subtitle B of title VIII, add SA 2798. Mr. KENNEDY submitted an the following: amendment intended to be proposed by trial security and counterintelligence in aca- demia and in research and development. SEC. 823. ENHANCEMENT OF MONITORING AND him to the bill H.R. 5515, to authorize INVESTIGATION OF TRAFFICKING IN (c) REQUIREMENTS.—The initiative required PERSONS. appropriations for fiscal year 2019 for by subsection (a) shall include development military activities of the Department Section 1704 of the National Defense Au- of the following: thorization Act for Fiscal Year 2013 (22 of Defense, for military construction, (1) Information exchange forum and infor- U.S.C. 7104b) is amended by adding at the end and for defense activities of the De- mation repositories to enable awareness of the following new subsection: partment of Energy, to prescribe mili- security threats and influence operations ‘‘(e) SUPPLY CHAIN TRANSPARENCY.— tary personnel strengths for such fiscal being executed against the United States re- ‘‘(1) IN GENERAL.—To facilitate monitoring year, and for other purposes; which was search, technology, and innovation enter- and investigation of human trafficking, the ordered to lie on the table; as follows: prise. Office of Management and Budget shall en- (2) Training and other support for aca- sure that the searchable public website es- At the appropriate place, insert the fol- demic institutions to promote security and tablished pursuant to the Federal Funding lowing: limit undue influence on institutions and Accountability and Transparency Act of 2006 SEC. lll. FOREIGN SOVEREIGN IMMUNITY. personnel, including financial support for (Public Law 109–282) includes the following Section 1605A(a)(2)(A)(i) of title 28, United execution for such activities. information on Federal awards at each tier States Code, is amended— (3) Opportunities to collaborate with de- to both domestic and foreign awardees: (1) in subclause (I), by striking ‘‘or’’ at the fense researchers and research organizations ‘‘(B) Notice of whether a contractor must end; in secure facilities to promote protection of provide a compliance plan to prevent human (2) in subclause (II), by inserting ‘‘or’’ at critical information. trafficking under section 1703 of the National the end; and (4) Regulations and procedures— Defense Authorization Act for Fiscal Year (3) by adding at the end the following: (A) for government and academic organiza- 2013 (22 U.S.C. 1704a). ‘‘(III) the Department of State has other- tions and personnel to support the goals of ‘‘(C) Notice of whether the location of per- wise determined the foreign state engages in the initiative; and formance or production facilities is within a a pattern or practice of torture, extrajudicial (B) that are consistent with policies that country ranked at tier 2 or tier 3 in the most killing, aircraft sabotage, hostage taking, or protect open and scientific exchange in fun- recent Human Trafficking Report of the De- the provision of material support or re- damental research. partment of State. sources for such an act if such act or provi- (5) Policies to limit or prohibit funding for ‘‘(D) Additional information that facili- sion of material support or resources is en- institutions or individual researchers who tates monitoring and investigation of human gaged in by an official, employee, or agent of knowingly and repeatedly violate regula- trafficking. such foreign state while acting within the tions developed under the initiative. ‘‘(2) PHASE-IN PERIOD FOR REPORTING SUB- scope of his or her office, employment or (6) Initiatives to support the transition of CONTRACTS AND SUBGRANTS.—Pursuant to agency (excluding acts of war).’’. the results of academic institution research paragraph (1), the Director of the Office of programs into defense capabilities. Management and Budget shall— SA 2799. Mr. CORNYN (for himself (d) REPORT.— ‘‘(A) issue a time-bound plan to phase in and Mr. COTTON) submitted an amend- (1) IN GENERAL.—Not later than one year the new reporting not later than January 1, ment intended to be proposed to after the date of the enactment of this Act, 2020; amendment SA 2282 proposed by Mr. the Secretary shall submit to the appro- ‘‘(B) require reporting of subcontract and INHOFE (for himself and Mr. MCCAIN) to priate committees of Congress a report on subgrant data at tier one not later than Jan- the bill H.R. 5515, to authorize appro- the activities carried out under the initia- uary 1, 2020; priations for fiscal year 2019 for mili- tive required by subsection (a). ‘‘(C) require reporting of subcontract and (2) CONTENTS.—The report required by subgrant data at tier two not later than Jan- tary activities of the Department of paragraph (1) shall include the following: uary 1, 2022; and Defense, for military construction, and (A) A description of the activities con- ‘‘(D) include in the annual report required for defense activities of the Depart- ducted and the progress made under the ini- by section 2(g) of the Federal Funding Ac- ment of Energy, to prescribe military tiative. countability and Transparency Act (Public

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.038 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3777 Law 109–282; 31 U.S.C. 6101 note), progress on INHOFE (for himself and Mr. MCCAIN) to INHOFE (for himself and Mr. MCCAIN) to these stages and options for transparency at the bill H.R. 5515, to authorize appro- the bill H.R. 5515, to authorize appro- lower stages starting in fiscal year 2023. priations for fiscal year 2019 for mili- priations for fiscal year 2019 for mili- ‘‘(3) EXCEPTIONS.— tary activities of the Department of tary activities of the Department of ‘‘(A) MINIMUM THRESHOLD.—Consistent with the Federal Funding Accountability Defense, for military construction, and Defense, for military construction, and and Transparency Act of 2006 (Public Law for defense activities of the Depart- for defense activities of the Depart- 109–282; 31 U.S.C. 6101 note), executive agen- ment of Energy, to prescribe military ment of Energy, to prescribe military cies need not disclose contracts, sub- personnel strengths for such fiscal personnel strengths for such fiscal contracts, grants, subgrants, or cooperative year, and for other purposes; which was year, and for other purposes; which was agreements less than $25,000 or contractors ordered to lie on the table; as follows: ordered to lie on the table; as follows: with gross income less than $300,000 in the At the end of subtitle F of title XII, add At the end of subtitle A of title VII, add previous tax year. the following: the following: ‘‘(B) SECURITY RISKS.—An awarding agency SEC. 706. REQUIREMENT FOR PHYSICAL EXAMI- need not disclose the identity of a foreign SEC. 12ll. REPORT ON CIVILIAN CASUALTIES IN SOMALIA. NATIONS OF MEMBERS OF THE SE- awardee if the awarding agency certifies that (a) IN GENERAL.—Not later than 180 days LECTED RESERVE OF THE READY disclosure of the contractor’s identity would after the date of the enactment of this Act, RESERVE OF THE RESERVE COMPO- pose a security risk to the contractor or its NENTS OF THE ARMED FORCES WHO the Commander of the United States Africa contractual mission. ARE SEPARATING FROM THE SE- Command shall submit to the congressional ‘‘(C) WAIVERS.— LECTED RESERVE. defense committees a report on the process ‘‘(i) GUIDANCE.—Not later than one year Section 1145(d) of title 10, United States by which the Commander investigates alle- after the date of enactment of this sub- Code, is amended— gations of civilian casualties resulting from section, the Office of Management and Budg- (1) in paragraph (1)— United States military operations in Soma- et shall issue guidance to establish a process (A) in the matter preceding subparagraph lia during the period beginning on January 1, by which a contractor, subcontractor, grant- (A), by striking ‘‘pursuant to’’ and inserting 2017, and ending on November 30, 2018. ee, subgrantee, or parties to cooperative ‘‘described in’’; and (b) ELEMENT.—The report required by sub- agreements may request a waiver from any (B) in subparagraph (A)— section (a) shall include the following: of the requirements set forth in the section. (i) by striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’; (1) A description of— ‘‘(ii) CRITERIA.—To receive a waiver, the (ii) by striking the semicolon at the end (A) the criteria applied by the Commander contractor, subcontractor, grantee, sub- and inserting ‘‘; or’’; and to assess the credibility of such allegations grantee, or party to a cooperative agreement (iii) by adding at the end the following new made by an individual not affiliated with the must demonstrate why it cannot currently clause: Department of Defense; and meet the requirements and must explain the ‘‘(ii) is a member of the Selected Reserve (B) the manner in which the Commander steps it will take to meet the requirements of the Ready Reserve of a reserve component overcomes an obstacle to accessing a loca- once the waiver expires. who is scheduled to separate from the Se- tion or witness relevant to an investigation ‘‘(iii) EXPIRATION.—This waiver option will lected Reserve within 90 days;’’; and of such civilian casualties. expire on January 1, 2021. (2) in paragraph (2)(A)— (2) An explanation of any discrepancy be- ‘‘(iv) WAIVER LIST.—The Office of Manage- (A) by striking ‘‘examination under para- tween the assessment of the Department ment and Budget shall maintain a public list graph (1) to a’’ and inserting ‘‘examination— with respect to specific civilian casualties of all contractors, subcontractors, grantees, ‘‘(i) under paragraph (1)(A)(i) to a’’; and independent reports of such casualties. subgrantees, or parties to cooperative agree- (B) in clause (i), as designated by subpara- (c) FORM.—The report required by sub- ments that have received a waiver. graph (A), by striking ‘‘; and’’ and inserting section (a) shall be submitted in unclassified ‘‘; or’’; and form, but may include a classified annex. SA 2801. Ms. STABENOW (for herself, (C) by adding at the end the following new Ms. BALDWIN, Mr. MURPHY, Mr. clause: SA 2803. Mr. HOEVEN (for himself ‘‘(ii) under paragraph (1)(A)(ii) to a mem- MERKLEY, and Ms. SMITH) submitted an and Mr. ROUNDS) submitted an amend- ber of the Selected Reserve of the Ready Re- amendment intended to be proposed to ment intended to be proposed to serve of a reserve component during the 90- amendment SA 2282 proposed by Mr. amendment SA 2282 proposed by Mr. day period before the date on which the INHOFE (for himself and Mr. MCCAIN) to INHOFE (for himself and Mr. MCCAIN) to member is scheduled to be separated from the bill H.R. 5515, to authorize appro- the bill H.R. 5515, to authorize appro- the Selected Reserve; and’’. priations for fiscal year 2019 for mili- priations for fiscal year 2019 for mili- tary activities of the Department of SA 2805. Mr. PAUL (for himself and tary activities of the Department of Mr. PETERS) submitted an amendment Defense, for military construction, and Defense, for military construction, and for defense activities of the Depart- intended to be proposed to amendment for defense activities of the Depart- SA 2282 proposed by Mr. INHOFE (for ment of Energy, to prescribe military ment of Energy, to prescribe military personnel strengths for such fiscal himself and Mr. MCCAIN) to the bill personnel strengths for such fiscal H.R. 5515, to authorize appropriations year, and for other purposes; which was year, and for other purposes; which was ordered to lie on the table; as follows: for fiscal year 2019 for military activi- ordered to lie on the table; as follows: ties of the Department of Defense, for At the end of subtitle B of title VIII, add At the end of subtitle A of title X, add the military construction, and for defense the following: following: SEC. 823. PUBLICATION OF ANNUAL REPORTS ON activities of the Department of Energy, SEC. 1006. TREATMENT OF ACTIVITIES RELATING to prescribe military personnel BUY AMERICAN AND HIRE AMER- TO TRAINING AND READINESS OF ICAN COMPLIANCE. THE ARMED FORCES DURING A strengths for such fiscal year, and for (a) IN GENERAL.—The head of each agency LAPSE IN APPROPRIATIONS AS VOL- other purposes; which was ordered to required to submit reports under Executive UNTARY SERVICES ACCEPTABLE BY lie on the table; as follows: Order 13788, entitled ‘‘Buy American and THE UNITED STATES. At the end of subtitle D of title VI, add the Hire American’’, (or any successor order) Section 1342 of title 31, United States Code, following: shall make each report available to the pub- is amended by adding at the end the fol- lic, and submit each report to Congress, at lowing new sentence: ‘‘However, the term SEC. 633. AUTHORITY FOR SALE OF BEER, WINE, AND DISTILLED SPIRITS AT COM- the same time the head of the agency sub- does include any portion of a fiscal year dur- MISSARY STORES. mits the report to the Secretary of Com- ing which the appropriation bill for the fiscal (a) IN GENERAL.—Section 2484(b) of title 10, merce and Director of the Office of Manage- year for the Department of Defense or the United States Code, is amended— ment and Budget. Department of Homeland Security, as appli- (1) by redesignating paragraphs (9) and (10) (b) PUBLICATION OF PREVIOUS REPORTS.— cable, has not become law and an Act or as paragraphs (10) and (11), respectively; and Not later than 90 days after the date of the joint resolution making continuing appro- (2) by inserting after paragraph (8) the fol- enactment of this Act, the head of each priations for the fiscal year is not in effect, lowing new paragraph (9): agency that was previously required to sub- but only with respect to activities relating ‘‘(9) Beer, wine, and distilled spirits.’’. mit a report under Executive Order 13788 to the training and readiness of the Armed (b) EFFECTIVE DATE.—The amendments shall make each such report available to the Forces (including the National Guard and made by subsection (a) shall take effect on public, and submit each such report to Con- the Reserves) carried out during such por- such date, not later than 90 days after the gress. tion of the fiscal year.’’. date of the enactment of this Act, as the Under Secretary of Defense for Personnel SA 2802. Mr. BOOKER submitted an SA 2804. Mr. HOEVEN submitted an and the Director of the Defense Commissary amendment intended to be proposed to amendment intended to be proposed to Agency shall jointly specify for purposes of amendment SA 2282 proposed by Mr. amendment SA 2282 proposed by Mr. this section.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.039 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3778 CONGRESSIONAL RECORD — SENATE June 12, 2018 SA 2806. Mr. MURPHY submitted an ing ‘‘through the Office of Partnership and be created in addition to the positions pro- amendment intended to be proposed to Engagement’’; and vided for by this section unless such position amendment SA 2282 proposed by Mr. (2) by adding at the end the following: is authorized by a statute enacted after the ‘‘(h) HEADQUARTERS.— date of the enactment of the DHS Authoriza- INHOFE (for himself and Mr. MCCAIN) to ‘‘(1) IN GENERAL.—There is in the Depart- tion Act.’’. the bill H.R. 5515, to authorize appro- ment a Headquarters. SEC. 1102. RESPONSIBILITIES AND FUNCTIONS priations for fiscal year 2019 for mili- ‘‘(2) COMPONENTS.—The Department Head- OF CHIEF PRIVACY AND FOIA OFFI- tary activities of the Department of quarters shall include each of the following: CER. Defense, for military construction, and ‘‘(A) The Office of the Secretary, which Section 222(a) of the Homeland Security for defense activities of the Depart- shall include— Act of 2002 (6 U.S.C. 142(a)) is amended— (1) in the matter preceding paragraph (1)— ment of Energy, to prescribe military ‘‘(i) the Deputy Secretary; ‘‘(ii) the Chief of Staff; and (A) by inserting ‘‘to be the Chief Privacy personnel strengths for such fiscal ‘‘(iii) the Executive Secretary. and FOIA Officer of the Department,’’ after year, and for other purposes; which was ‘‘(B) The Management Directorate, includ- ‘‘in the Department,’’; and ordered to lie on the table; as follows: ing the Office of the Chief Financial Officer. (B) by striking ‘‘to the Secretary, to as- At the end of subtitle I of title VIII, add ‘‘(C) The Science and Technology Direc- sume’’ and inserting ‘‘to the Secretary. Such the following: torate. official shall have’’; SEC. 896. PROHIBITION ON PROCUREMENT OF ‘‘(D) The Office of Strategy, Policy, and (2) in paragraph (5)(B), by striking ‘‘and’’ FOREIGN-MADE COMMERCIAL UN- Plans. at the end; MANNED AERIAL SYSTEMS. ‘‘(E) The Office of the General Counsel. (3) by striking paragraph (6); and (a) IN GENERAL.—Except as provided under ‘‘(F) The Office of the Chief Privacy and (4) by inserting after paragraph (5) the fol- subsection (b), the Secretary of Defense may FOIA Officer. lowing: not procure or extend or renew a contract to ‘‘(G) The Office for Civil Rights and Civil ‘‘(6) developing guidance to assist compo- procure any unmanned aerial system (UAS) Liberties. nents of the Department in developing pri- that is manufactured outside the United ‘‘(H) The Office of Operations Coordina- vacy policies and practices; States. tion. ‘‘(7) establishing a mechanism to ensure (b) WAIVER.—The Secretary of Defense may ‘‘(I) The Office of Intelligence and Anal- such components are in compliance with waive the requirement under subsection (a) ysis. Federal regulatory and statutory and De- on a case-by-case basis upon certifying to ‘‘(J) The Office of Legislative Affairs. partment privacy requirements, mandates, the congressional defense committees that it ‘‘(K) The Office of Public Affairs. directives, and policies, including require- is necessary for national security reasons. ‘‘(L) The Office of the Inspector General. ments under section 552 of title 5, United ‘‘(M) The Office of the Citizenship and Im- States Code (commonly known as the ‘Free- SA 2807. Mr. CRUZ (for himself and migration Services Ombudsman. dom of Information Act’); Ms. MURKOWSKI) submitted an amend- ‘‘(N) The Countering Weapons of Mass De- ‘‘(8) working with components and offices ment intended to be proposed to struction Office. of the Department to ensure that informa- ‘‘(O) The Office of Partnership and Engage- amendment SA 2282 proposed by Mr. tion sharing and policy development activi- ment.’’. ties incorporate privacy protections; INHOFE (for himself and Mr. MCCAIN) to (b) CONFORMING AMENDMENTS RELATING TO ‘‘(9) serving as the Chief FOIA Officer of the bill H.R. 5515, to authorize appro- ASSISTANT SECRETARIES.—Section 103(a) of the Department for purposes of section 552(j) priations for fiscal year 2019 for mili- the Homeland Security Act of 2002 (6 U.S.C. of title 5, United States Code (commonly tary activities of the Department of 113(a)) is amended— known as the ‘Freedom of Information Act’); Defense, for military construction, and (1) in the subsection heading, by inserting ‘‘(10) preparing an annual report to Con- ‘‘; ASSISTANT SECRETARIES AND OTHER OFFI- for defense activities of the Depart- gress that includes a description of the ac- CERS’’ after ‘‘UNDER SECRETARIES’’; tivities of the Department that affect pri- ment of Energy, to prescribe military (2) in paragraph (1), by amending subpara- personnel strengths for such fiscal vacy during the fiscal year covered by the re- graph (I) to read as follows: port, including complaints of privacy viola- year, and for other purposes; which was ‘‘(I) An Administrator of the Transpor- tions, implementation of section 552a of title ordered to lie on the table; as follows: tation Security Administration.’’; 5, United States Code (commonly known as Strike section 3111. (3) by amending paragraph (2) to read as the ‘Privacy Act of 1974’), internal controls, follows: and other matters; and SA 2808. Mr. JOHNSON submitted an ‘‘(2) ASSISTANT SECRETARIES.—The fol- ‘‘(11) carrying out such other responsibil- amendment intended to be proposed by lowing Assistant Secretaries shall be ap- ities as the Secretary determines are appro- him to the bill H.R. 5515, to authorize pointed by the President or the Secretary, as priate, consistent with this section.’’. the case may be, without the advice and con- SEC. 1103. RESPONSIBILITIES OF CHIEF FINAN- appropriations for fiscal year 2019 for sent of the Senate: military activities of the Department CIAL OFFICER. ‘‘(A) PRESIDENTIAL APPOINTMENTS.—The (a) IN GENERAL.—Section 702 of the Home- of Defense, for military construction, Department shall have the following Assist- land Security Act of 2002 (6 U.S.C. 342) is and for defense activities of the De- ant Secretaries appointed by the President: amended— partment of Energy, to prescribe mili- ‘‘(i) The Assistant Secretary for Public Af- (1) by redesignating subsections (b) and (c) tary personnel strengths for such fiscal fairs. as subsections (c) and (d), respectively; and year, and for other purposes; which was ‘‘(ii) The Assistant Secretary for Legisla- (2) by inserting after subsection (a) the fol- ordered to lie on the table; as follows: tive Affairs. lowing: ‘‘(iii) The Assistant Secretary for the ‘‘(b) RESPONSIBILITIES.—In carrying out the At the end, add the following: Countering Weapons of Mass Destruction Of- responsibilities, authorities, and functions DIVISION E—DHS AUTHORIZATION ACT fice. specified in section 902 of title 31, United SEC. 1. SHORT TITLE. ‘‘(iv) The Chief Medical Officer. States Code, the Chief Financial Officer This division may be cited as the ‘‘Depart- ‘‘(B) SECRETARIAL APPOINTMENTS.—The De- shall— ment of Homeland Security Authorization partment shall have the following Assistant ‘‘(1) oversee Department budget formula- Act’’ or the ‘‘DHS Authorization Act’’. Secretaries appointed by the Secretary: tion and execution; ‘‘(i) The Assistant Secretary for Inter- ‘‘(2) lead and provide guidance on perform- SEC. 2. REFERENCES. national Affairs. ance-based budgeting practices for the De- Except as expressly provided otherwise, ‘‘(ii) The Assistant Secretary for Threat partment to ensure that the Department and any reference to ‘‘this Act’’ contained in this Prevention and Security Policy. its components are meeting missions and division shall be treated as referring only to ‘‘(iii) The Assistant Secretary for Border, goals; the provisions of this division. Immigration, and Trade Policy. ‘‘(3) lead cost-estimating practices for the TITLE I—DEPARTMENT OF HOMELAND ‘‘(iv) The Assistant Secretary for Cyberse- Department, including the development of SECURITY HEADQUARTERS curity, Infrastructure, and Resilience Policy. policies on cost estimating and approval of Subtitle A—Headquarters Operations ‘‘(v) The Assistant Secretary for Strategy, life cycle cost estimates; SEC. 1101. FUNCTIONS AND COMPONENTS OF Planning, Analysis, and Risk. ‘‘(4) coordinate with the Office of Strategy, HEADQUARTERS OF DEPARTMENT ‘‘(vi) The Assistant Secretary for State and Policy, and Plans to ensure that the develop- OF HOMELAND SECURITY. Local Law Enforcement. ment of the budget for the Department is (a) IN GENERAL.—Section 102 of the Home- ‘‘(vii) The Assistant Secretary for Partner- compatible with the long-term strategic land Security Act of 2002 (6 U.S.C. 112) is ship and Engagement. plans, priorities, and policies of the Sec- amended— ‘‘(viii) The Assistant Secretary for Private retary; (1) in subsection (c), in the matter pre- Sector.’’; and ‘‘(5) develop financial management policy ceding paragraph (1), by striking ‘‘through (4) by adding at the end the following: for the Department and oversee the imple- the Office of State and Local Coordination ‘‘(3) LIMITATION ON CREATION OF POSI- mentation of such policy, including the es- (established under section 801)’’ and insert- TIONS.—No Assistant Secretary position may tablishment of effective internal controls

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.040 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3779 over financial reporting systems and proc- other senior officers in carrying out the re- (C) an explanation as to how the use of esses throughout the Department; sponsibilities of the Department for all ac- shared cloud-computing services or other ‘‘(6) lead financial system modernization tivities relating to the budgets, programs, new technologies will impact the needs for efforts throughout the Department; security, and operations of the information software licenses for the subsequent 2 fiscal ‘‘(7) lead the efforts of the Department re- technology functions of the Department.’’; years; and lated to financial oversight, including identi- (2) by redesignating subsection (b) as sub- (D) plans and estimated costs for elimi- fying ways to streamline and standardize section (c); and nating unutilized software licenses for the business processes; (3) by inserting after subsection (a) the fol- subsequent 2 fiscal years; and ‘‘(8) oversee the costs of acquisition pro- lowing: (E) a plan to expedite licensing of software grams and related activities to ensure that ‘‘(b) STRATEGIC PLANS.— developed for the Department of Homeland actual and planned costs are in accordance ‘‘(1) IN GENERAL.—The Chief Information Security to the private sector. with budget estimates and are affordable, or Officer shall, in coordination with the Chief (3) PLAN TO REDUCE SOFTWARE LICENSES.—If can be adequately funded, over the lifecycle Financial Officer, develop an information the Chief Information Officer of the Depart- of such programs and activities; technology strategic plan every 5 years and ment of Homeland Security determines ‘‘(9) fully implement a common accounting report to the Committee on Homeland Secu- through the inventory conducted under para- structure to be used across the entire De- rity and the Committee on Appropriations of graph (2) that the number of software li- partment by fiscal year 2020; the House of Representatives and the Com- censes held by the Department of Homeland ‘‘(10) participate in the selection, perform- mittee on Homeland Security and Govern- Security and the components of the Depart- ance planning, and review of cost estimating mental Affairs and the Committee on Appro- ment of Homeland Security exceeds the positions with the Department; priations of the Senate on the extent to needs of the Department of Homeland Secu- ‘‘(11) track, approve, oversee, and make which— rity, not later than 90 days after the date on public information on expenditures by com- ‘‘(A) the budget of the Department aligns which the inventory is completed, the Sec- ponents of the Department for conferences, with priorities specified in the information retary of Homeland Security shall establish as appropriate, including by requiring each technology strategic plan; a plan for reducing the number of such soft- component to— ‘‘(B) the information technology strategic ware licenses to meet needs of the Depart- ment of Homeland Security. ‘‘(A) report to the Inspector General of the plan informs the budget process of the De- Department the expenditures by such compo- (c) COMPTROLLER GENERAL REVIEW.—Not partment; later than the end of fiscal year 2019, the nent for each conference hosted for which ‘‘(C) the Department has identified and ad- Comptroller General of the United States the total expenditures of the Department ex- dressed skills gaps needed to implement the shall review the extent to which the Chief ceed $100,000, within 15 days after the date of information technology strategic plan; Information Officer of the Department of the conference; and ‘‘(D) unnecessary duplicative information Homeland Security fulfilled all requirements ‘‘(B) with respect to such expenditures, technology within and across the compo- established in this section and the amend- provide to the Inspector General— nents of the Department has been elimi- ments made by this section. ‘‘(i) the information described in sub- nated; SEC. 1105. QUADRENNIAL HOMELAND SECURITY sections (a), (b), and (c) of section 739 of title ‘‘(E) outcome-oriented goals, quantifiable REVIEW. VII of division E of the Consolidated and performance measures, and strategies for (a) IN GENERAL.—Section 706 of the Home- Further Continuing Appropriations Act, 2015 achieving those goals and measures have land Security Act of 2002, as so redesignated (Public Law 113–235; 128 Stat. 2389); and succeeded; and by section 1142 of this Act, is amended— ‘‘(ii) documentation of such expenditures; ‘‘(F) internal control weaknesses and how (1) in subsection (a)(3)— and the Department will address those weak- (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(12) track and make public information nesses. at the end; on expenditures by components of the De- ‘‘(2) INITIAL PLAN.—Not later than 1 year (B) by redesignating subparagraph (C) as partment for conferences, as appropriate, in- after the date of enactment of this sub- subparagraph (D); and cluding by requiring each component to— section, the Chief Information Officer shall (C) by inserting after subparagraph (B) the ‘‘(A) report to the Inspector General of the complete the first information technology following: Department the expenditures by such compo- strategic plan required under paragraph ‘‘(C) representatives from appropriate advi- nent for each conference hosted or attended (1).’’. sory committees established pursuant to sec- by Department employees for which the (b) SOFTWARE LICENSING.— tion 871, including the Homeland Security total expenditures of the Department are (1) IN GENERAL.—Not later than 1 year after Advisory Council and the Homeland Security more than $20,000 and less than $100,000, not the date of enactment of this Act and each Science and Technology Advisory Com- later than 30 days after the date of the con- year thereafter through fiscal year 2021, the mittee, or otherwise established, including ference; and Chief Information Officer of the Department the Aviation Security Advisory Committee ‘‘(B) with respect to such expenditures, of Homeland Security shall submit the com- established pursuant to section 44946 of title provide to the Inspector General— prehensive software license policy developed 49, United States Code; and’’; ‘‘(i) the information described in sub- to meet the requirements of section 2 of the (2) in subsection (b)— sections (a), (b), and (c) of section 739 of title MEGABYTE Act of 2016 (40 U.S.C. 11302 (A) in paragraph (2), by inserting before VII of division E of the Consolidated and note), including any updates provided to the the semicolon at the end the following: Further Continuing Appropriations Act, 2015 Director of the Office of Management and ‘‘based on the risk assessment required pur- (Public Law 113–235; 128 Stat. 2389); and Budget, to— suant to subsection (c)(2)(B)’’; ‘‘(ii) documentation of such expendi- (A) the Committee on Homeland Security (B) in paragraph (3)— tures.’’. and the Committee of Oversight and Govern- (i) by inserting ‘‘, to the extent prac- (b) RULE OF CONSTRUCTION.—Nothing in the ment Reform of the House of Representa- ticable,’’ after ‘‘describe’’; and amendment made by this section may be tives; and (ii) by striking ‘‘budget plan’’ and insert- construed as altering or amending the re- (B) the Committee on Homeland Security ing ‘‘resources required’’; sponsibilities, authorities, and functions of and Governmental Affairs of the Senate. (C) in paragraph (4)— the Chief Financial Officer of the Depart- (2) DEPARTMENT INVENTORY.—Beginning in (i) by inserting ‘‘, to the extent prac- ment of Homeland Security under section 902 fiscal year 2022, and once every 2 fiscal years ticable,’’ after ‘‘identify’’; of title 31, United States Code. thereafter, the Chief Information Officer of (ii) by striking ‘‘budget plan required to SEC. 1104. CHIEF INFORMATION OFFICER. the Department of Homeland Security, in provide sufficient resources to successfully’’ (a) IN GENERAL.—Section 703 of the Home- consultation with the component chief infor- and inserting ‘‘resources required to’’; and land Security Act of 2002 (6 U.S.C. 343) is mation officers, shall submit to the Com- (iii) by striking the semicolon at the end amended— mittee on Homeland Security and the Com- and inserting ‘‘, including any resources (1) in subsection (a)— mittee on Oversight and Government Reform identified from redundant, wasteful, or un- (A) by striking ‘‘, or to another official of of the House of Representatives and the necessary capabilities and capacities that the Department, as the Secretary may di- Committee on Homeland Security and Gov- can be redirected to better support other ex- rect’’; and ernmental Affairs of the Senate a report con- isting capabilities and capacities, as the case (B) by adding at the end the following: ‘‘In taining— may be; and’’; addition to the functions under section (A) a department-wide inventory of all (D) in paragraph (5), by striking ‘‘; and’’ 3506(a)(2) of title 44, United States Code, and software licenses held by the Department of and inserting a period; and section 11319 of title 40, United States Code, Homeland Security on unclassified and clas- (E) by striking paragraph (6); the Chief Information Officer shall— sified systems, including utilized and unuti- (3) in subsection (c)— ‘‘(1) serve as the lead technical authority lized licenses; (A) in paragraph (1), by striking ‘‘Decem- for information technology programs of the (B) an assessment of the needs of the De- ber 31’’ and inserting ‘‘September 30’’; Department and components of the Depart- partment of Homeland Security and the (B) in paragraph (2)— ment; and components of the Department of Homeland (i) in subparagraph (B), by striking ‘‘de- ‘‘(2) advise and assist the Secretary, heads Security for software licenses for the subse- scription of the threats to’’ and inserting of the components of the Department, and quent 2 fiscal years; ‘‘risk assessment of’’;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3780 CONGRESSIONAL RECORD — SENATE June 12, 2018 (ii) in subparagraph (C), by inserting ‘‘, as (ii) in paragraph (4), by striking ‘‘the Office deploy the best available technologies for required under subsection (b)(2)’’ before the of International Affairs and’’; and homeland security missions; semicolon at the end; (B) by striking section 879 (6 U.S.C. 459). ‘‘(6) promoting existing public-private (iii) in subparagraph (D)— (4) CLERICAL AMENDMENT.—The table of partnerships and developing new public-pri- (I) by inserting ‘‘to the extent prac- contents in section 1(b) of the Homeland Se- vate partnerships to provide for collabora- ticable,’’ before ‘‘a description’’; and curity Act of 2002 (Public Law 107–296; 116 tion and mutual support to address home- (II) by striking ‘‘budget plan’’ and insert- Stat. 2135) is amended by striking the item land security challenges; and ing ‘‘resources required’’; relating to section 879. ‘‘(7) assisting in the development and pro- (iv) in subparagraph (F)— (b) HOMELAND SECURITY ADVISORY COUN- motion of private sector best practices to se- (I) by inserting ‘‘to the extent prac- CIL.—Section 102(b) of the Homeland Secu- cure critical infrastructure.’’. ticable,’’ before ‘‘a discussion’’; and rity Act of 2002 (6 U.S.C. 112(b)) is amended— (2) CONFORMING AMENDMENT.—Section 102(f) (II) by striking ‘‘the status of’’; (1) in paragraph (2), by striking ‘‘and’’ at of the Homeland Security Act of 2002 (6 (v) in subparagraph (G)— the end; U.S.C. 112(f)) is amended— (I) by inserting ‘‘to the extent prac- (2) in paragraph (3), by striking the period (A) by striking paragraphs (1) through (7); ticable,’’ before ‘‘a discussion’’; at the end and inserting ‘‘; and’’; and and (II) by striking ‘‘the status of’’; (3) by adding at the end the following: (B) by redesignating paragraphs (8), (9), (III) by inserting ‘‘and risks’’ before ‘‘to ‘‘(4) shall establish a Homeland Security (10), and (11) as paragraphs (1), (2), (3), and national homeland’’; and Advisory Council to provide advice and rec- (4), respectively. (IV) by inserting ‘‘and’’ after the semicolon ommendations on homeland security-related (e) DEFINITIONS.—In this section each of at the end; matters, including advice with respect to the the terms ‘‘assets’’, ‘‘functions’’, and ‘‘per- (vi) by striking subparagraph (H); and preparation of the quadrennial homeland se- sonnel’’ have the meanings given those (vii) by redesignating subparagraph (I) as curity review under section 706.’’. terms under section 2 of the Homeland Secu- subparagraph (H); (c) OFFICE OF LEGISLATIVE AFFAIRS.—Sec- rity Act of 2002 (6 U.S.C. 101). (C) by redesignating paragraph (3) as para- tion 103 of the Homeland Security Act of 2002 (f) DUPLICATION REVIEW.— graph (4); and (6 U.S.C. 113) is amended by adding at the (1) REVIEW REQUIRED.—Not later than 1 (D) by inserting after paragraph (2) the fol- end the following: year after the date of enactment of this Act, lowing: ‘‘(h) OFFICE OF LEGISLATIVE AFFAIRS.— the Secretary of Homeland Security shall ‘‘(3) DOCUMENTATION.—The Secretary shall ‘‘(1) IN GENERAL.—Notwithstanding any complete a review of the functions and re- retain, from each quadrennial homeland se- other provision of law, any report that the sponsibilities of each Department of Home- curity review, all information regarding the Department or a component of the Depart- land Security component responsible for risk assessment, as required under sub- ment is required to submit to the Committee international affairs to identify and elimi- section (c)(2)(B), including— on Appropriations of the Senate or the Com- nate areas of unnecessary duplication. ‘‘(A) the risk model utilized to generate mittee on Appropriations of the House of (2) SUBMISSION TO CONGRESS.—Not later the risk assessment; Representatives under any provision of law than 30 days after the completion of the re- ‘‘(B) information, including data used in shall be submitted concurrently to the Com- view required under paragraph (1), the Sec- the risk model, utilized to generate the risk mittee on Homeland Security and Govern- retary of Homeland Security shall provide assessment; and mental Affairs of the Senate and the Com- the results of the review to the Committee ‘‘(C) sources of information, including mittee on Homeland Security of the House of on Homeland Security of the House of Rep- other risk assessments, utilized to generate Representatives. resentatives and the Committee on Home- the risk assessment.’’; ‘‘(2) APPLICABILITY.—Paragraph (1) shall land Security and Governmental Affairs of (4) by redesignating subsection (d) as sub- apply with respect to any report described in the Senate. section (e); and paragraph (1) that is submitted on or after (3) ACTION PLAN.—Not later than 1 year (5) by inserting after subsection (c) the fol- the date of enactment of the DHS Authoriza- after the date of enactment of this Act, the lowing: tion Act. Secretary of Homeland Security shall sub- ‘‘(d) REVIEW.—Not later than 90 days after ‘‘(3) NOTICE.—The Secretary shall notify, in mit to the congressional homeland security the submission of each report required under writing, the chairmen and ranking members committees, as defined in section 2 of the subsection (c)(1), the Secretary shall provide of the authorizing and appropriating com- Homeland Security Act of 2002 (6 U.S.C. 101, to the Committee on Homeland Security of mittees of jurisdiction regarding policy as amended by this Act, an action plan, in- the House of Representatives and the Com- memoranda, management directives, and re- cluding corrective steps and an estimated mittee on Homeland Security and Govern- programming notifications issued by the De- date of completion, to address areas of dupli- mental Affairs of the Senate information on partment.’’. cation, fragmentation, and overlap and op- the degree to which the findings and rec- (d) OFFICE OF PRIVATE SECTOR.— portunities for cost savings and revenue en- ommendations developed in the quadrennial (1) IN GENERAL.—Section 103 of the Home- hancement, as identified by the Government homeland security review covered by the re- land Security Act of 2002 (6 U.S.C. 113), as Accountability Office based on the annual port were integrated into the acquisition report of the Government Accountability Of- strategy and expenditure plans for the De- amended, is amended by adding at the end the following: fice entitled ‘‘Additional Opportunities to partment.’’. Reduce Fragmentation, Overlap, and Dupli- (b) EFFECTIVE DATE.—The amendments ‘‘(i) OFFICE OF PRIVATE SECTOR.—The As- cation and Achieve Other Financial Bene- made by this section shall apply with respect sistant Secretary for Private Sector shall be fits’’. to a quadrennial homeland security review responsible for— conducted under section 706 of the Homeland ‘‘(1) creating and fostering strategic com- SEC. 1107. CHIEF PROCUREMENT OFFICER. Security Act of 2002, as so redesignated, after munications with the private sector to en- (a) IN GENERAL.—Title VII of the Homeland December 31, 2017. hance the primary mission of the Depart- Security Act of 2002 (6 U.S.C. 341 et seq.), as SEC. 1106. OFFICE OF STRATEGY, POLICY, AND ment to protect the American homeland; amended by section 1142, is amended by add- PLANS. ‘‘(2) advising the Secretary on the impact ing at the end the following: (a) ABOLISHMENT OF OFFICE OF INTER- of the Department’s policies, regulations, ‘‘SEC. 709. CHIEF PROCUREMENT OFFICER. NATIONAL AFFAIRS.— processes, and actions on the private sector; ‘‘(a) IN GENERAL.—There is in the Depart- (1) IN GENERAL.—The Office of Inter- ‘‘(3) interfacing with other relevant Fed- ment a Chief Procurement Officer, who shall national Affairs within the Office of the Sec- eral agencies with homeland security mis- serve as a senior business advisor to agency retary of Homeland Security is abolished. sions to assess the impact of these agencies’ officials on procurement-related matters and (2) TRANSFER OF ASSETS AND PERSONNEL.— actions on the private sector; report directly to the Under Secretary for The functions authorized to be performed by ‘‘(4) creating and managing private sector Management. The Chief Procurement Officer the office described in paragraph (1) as of the advisory councils composed of representa- is the senior procurement executive for pur- day before the date of enactment of this Act, tives of industries and associations des- poses of subsection (c) of section 1702 of title and the assets and personnel associated with ignated by the Secretary to— 41, United States Code, and shall perform such functions, are transferred to the Under ‘‘(A) advise the Secretary on private sector procurement functions as specified in such Secretary for Strategy, Policy, and Plans of products, applications, and solutions as they subsection. the Department of Homeland Security under relate to homeland security challenges; and ‘‘(b) RESPONSIBILITIES.—The Chief Procure- section 708 of the Homeland Security Act of ‘‘(B) advise the Secretary on homeland se- ment Officer shall— 2002, as so redesignated by section 1142 of curity policies, regulations, processes, and ‘‘(1) delegate or retain contracting author- this Act. actions that affect the participating indus- ity, as appropriate; (3) CONFORMING AMENDMENTS.—The Home- tries and associations; ‘‘(2) issue procurement policies and oversee land Security Act of 2002 (6 U.S.C. 101 et seq.) ‘‘(5) working with Federal laboratories, the heads of contracting activity of the De- is amended— federally funded research and development partment to ensure compliance with those (A) in section 317(b) (6 U.S.C. 195c(b))— centers, other federally funded organiza- policies; (i) in paragraph (2)(A), by striking ‘‘, in tions, academia, and the private sector to de- ‘‘(3) serve as the main liaison of the De- consultation with the Assistant Secretary velop innovative approaches to address partment to industry on procurement-re- for International Affairs,’’; and homeland security challenges to produce and lated issues;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3781 ‘‘(4) account for the integrity, perform- ‘‘(5) review contracts and interagency ‘‘(A) serve as the main point of contact for ance, and oversight of Department procure- agreements associated with major security the Chief Civil Rights and Civil Liberties Of- ment and contracting functions; investments within the Department; and ficer; and ‘‘(5) ensure that procurement contracting ‘‘(6) provide support to Department compo- ‘‘(B) coordinate with the Chief Civil Rights strategies and plans are consistent with the nents on security-related matters.’’. and Civil Liberties Officer to oversee the in- intent and direction of the Acquisition Re- (b) CLERICAL AMENDMENT.—The table of tegration of civil rights and civil liberties view Board; contents in section 1(b) of the Homeland Se- into the activities of the component.’’. ‘‘(6) oversee a centralized acquisition curity Act of 2002 (Public Law 107–296; 116 (b) TECHNICAL AND CONFORMING AMEND- workforce certification and training pro- Stat. 2135) is amended, as amended by sec- MENT.—The table of contents in section 1(b) gram using, as appropriate, existing best tion 1107, by inserting after the item relating of the Homeland Security Act of 2002 (Public practices and acquisition training opportuni- to section 709 the following: Law 107–296; 116 Stat. 2135) is amended by ties from the Federal Government, private ‘‘Sec. 710. Chief Security Officer.’’. striking the item relating to section 705 and sector, or universities and colleges to in- SEC. 1109. OFFICE OF INSPECTOR GENERAL. inserting the following: clude training on how best to identify ac- (a) NOTIFICATION.—The heads of offices and ‘‘Sec. 705. Civil Rights and Civil Liberties.’’. tions that warrant referrals for suspension or components of the Department of Homeland SEC. 1111. SCIENCE AND TECHNOLOGY. debarment; Security shall promptly advise the Inspector (a) RESPONSIBILITIES OF THE UNDER SEC- ‘‘(7) approve the selection and organiza- General of the Department of all allegations RETARY FOR SCIENCE AND TECHNOLOGY.— tional placement of each head of contracting of misconduct with respect to which the In- (1) DIRECTORATE FOR SCIENCE AND TECH- spector General has investigative authority activity within the Department and partici- NOLOGY.—Section 302 of the Homeland Secu- pate in the periodic performance reviews of under the Inspector General Act of 1978 (5 rity Act of 2002 (6 U.S.C. 182) is amended— each head of contracting activity of the De- U.S.C. App.). (A) in the matter preceding paragraph (1), (b) WAIVER.—The Inspector General may partment; by striking ‘‘The Secretary, acting through waive the notification requirement under ‘‘(8) ensure that a fair proportion of the the Under’’ and inserting ‘‘The Under’’; and this section with respect to any category or value of Federal contracts and subcontracts (B) in paragraph (4), by striking ‘‘and eval- subset of allegations of misconduct. are awarded to small business concerns, as uation’’ and inserting ‘‘evaluation, and defined under section 3 of the Small Business (c) RULE OF CONSTRUCTION.—Nothing in this section may be construed as affecting standards coordination and development’’. Act (15 U.S.C. 632), (in accordance with the (2) TECHNICAL AND CONFORMING AMEND- procurement contract goals under section the authority of the Secretary of Homeland Security under the Inspector General Act of MENT.—Section 315(a)(2)(A) of the Homeland 15(g) of the Small Business Act (15 U.S.C. Security Act of 2002 (Public Law 107–296; 116 644(g)), maximize opportunities for small 1978 (5 U.S.C. App.). SEC. 1110. OFFICE FOR CIVIL RIGHTS AND CIVIL Stat. 2135) is amended by striking ‘‘Direc- business participation in such contracts, and torate of Science and Technology and Home- ensure, to the extent practicable, small busi- LIBERTIES. (a) IN GENERAL.—Section 705 of the Home- land Security Advanced Research Projects ness concerns that achieve qualified vendor land Security Act of 2002 (6 U.S.C. 345) is Agency’’ and inserting ‘‘Directorate of status for security-related technologies are amended— Science and Technology and the Chief Sci- provided an opportunity to compete for con- (1) in the section heading, by striking ‘‘ entist’’. tracts for such technology; and ES- ’’; (b) OFFICE OF THE CHIEF SCIENTIST.— ‘‘(9) carry out any other procurement du- TABLISHMENT OF OFFICER FOR (2) in subsection (a)— (1) IN GENERAL.—Section 307 of the Home- ties that the Under Secretary for Manage- (A) in the matter preceding paragraph (1), land Security Act of 2002 (6 U.S.C. 187) is ment may designate. by striking ‘‘Officer for Civil Rights and amended— ‘‘(c) HEAD OF CONTRACTING ACTIVITY DE- Civil Liberties’’ and inserting ‘‘Chief Civil (A) in the section heading, by striking FINED.—In this section the term ‘head of con- ‘‘HOMELAND SECURITY ADVANCED RESEARCH tracting activity’ means an official who is Rights and Civil Liberties Officer’’; and PROJECTS AGENCY’’ and inserting ‘‘OFFICE OF delegated, by the Chief Procurement Officer (B) in paragraph (2), by inserting ‘‘Chief’’ THE CHIEF SCIENTIST’’; and Senior Procurement Executive, the re- before ‘‘Officer’’; (3) by redesignating subsection (b) as sub- (B) in subsection (a)— sponsibility for the creation, management, (i) by striking paragraphs (1) and (3); and and oversight of a team of procurement pro- section (d); and (4) by inserting after subsection (a) the fol- (ii) by redesignating paragraphs (2) and (4) fessionals properly trained, certified, and as paragraphs (1) and (2), respectively; and warranted to accomplish the acquisition of lowing: ‘‘(b) OFFICE FOR CIVIL RIGHTS AND CIVIL (C) by striking subsections (b) and (c) and products and services on behalf of the des- LIBERTIES.—There is in the Department an inserting the following: ignated components, offices, and organiza- Office for Civil Rights and Civil Liberties. ‘‘(b) OFFICE OF THE CHIEF SCIENTIST.— tions of the Department, and as authorized, Under the direction of the Chief Civil Rights ‘‘(1) ESTABLISHMENT.—There is established other government entities.’’. and Civil Liberties Officer, the Office shall the Office of the Chief Scientist. (b) CLERICAL AMENDMENT.—The table of support the Chief Civil Rights and Civil Lib- ‘‘(2) CHIEF SCIENTIST.—The Office of the contents in section 1(b) of the Homeland Se- erties Officer in the following: Chief Scientist shall be headed by a Chief curity Act of 2002 (Public Law 107–296; 116 ‘‘(1) Integrating civil rights and civil lib- Scientist, who shall be appointed by the Sec- Stat. 2135), as amended by section 1142, is erties into activities of the Department by retary. amended by inserting after the item relating conducting programs and providing policy ‘‘(3) QUALIFICATIONS.—The Chief Scientist to section 708 the following: advice and other technical assistance. shall— ‘‘Sec. 709. Chief Procurement Officer.’’. ‘‘(2) Investigating complaints and informa- ‘‘(A) be appointed from among distin- SEC. 1108. CHIEF SECURITY OFFICER. tion indicating possible abuses of civil rights guished scientists with specialized training (a) IN GENERAL.—Title VII of the Homeland or civil liberties, unless the Inspector Gen- or significant experience in a field related to Security Act of 2002 (6 U.S.C. 341 et seq.), as eral of the Department determines that any counterterrorism, traditional homeland se- amended by section 1107, is amended by add- such complaint or information should be in- curity missions, or national defense; and ing at the end the following: vestigated by the Inspector General. ‘‘(B) have earned an advanced degree at an ‘‘SEC. 710. CHIEF SECURITY OFFICER. ‘‘(3) Directing the Department’s equal em- institution of higher education (as defined in ‘‘(a) IN GENERAL.—There is in the Depart- ployment opportunity and diversity policies section 101 of the Higher Education Act of ment a Chief Security Officer, who shall re- and programs, including complaint manage- 1965 (20 U.S.C. 1001)). port directly to the Under Secretary for ment and adjudication. ‘‘(4) RESPONSIBILITIES.—The Chief Scientist Management. ‘‘(4) Communicating with individuals and shall oversee all research and development ‘‘(b) RESPONSIBILITIES.—The Chief Security communities whose civil rights and civil lib- to— Officer shall— erties may be affected by Department activi- ‘‘(A) support basic and applied homeland ‘‘(1) develop, implement, and oversee com- ties. security research to promote revolutionary pliance with the security policies, programs, ‘‘(5) Any other activities as assigned by the changes in technologies that would promote and standards of the Department; Chief Civil Rights and Civil Liberties Officer. homeland security; ‘‘(2) participate in— ‘‘(c) COMPONENT CIVIL RIGHTS AND CIVIL ‘‘(B) advance the development, testing and ‘‘(A) the selection and organizational LIBERTIES OFFICERS.— evaluation, standards coordination and de- placement of each senior security official of ‘‘(1) IN GENERAL.—In consultation with the velopment, and deployment of critical home- a component, and the deputy for each such Chief Civil Rights and Civil Liberties Officer, land security technologies; official, and any other senior executives re- the head of each component of the Depart- ‘‘(C) accelerate the prototyping and de- sponsible for security-related matters; and ment shall appoint a senior-level Federal ployment of technologies that would address ‘‘(B) the periodic performance planning employee with experience and background in homeland security vulnerabilities; and reviews; civil rights and civil liberties as the Civil ‘‘(D) promote the award of competitive, ‘‘(3) identify training requirements, stand- Rights and Civil Liberties Officer for the merit-reviewed grants, cooperative agree- ards, and oversight of education to Depart- component. ments or contracts to public or private enti- ment personnel on security-related matters; ‘‘(2) RESPONSIBILITIES.—Each Civil Rights ties, including business, federally funded re- ‘‘(4) develop security programmatic guide- and Civil Liberties Officer appointed under search and development centers, and univer- lines; paragraph (1) shall— sities; and

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‘‘(E) oversee research and development for ‘‘(d) ADMINISTRATIVE MATTERS.—In car- tions under paragraph (1) during that fiscal the purpose of advancing technology for the rying out the Rotation Program the Sec- year, which shall include— investigation of child exploitation crimes, retary shall— ‘‘(A) an analysis of the extent to which the including child victim identification, traf- ‘‘(1) before selecting employees for partici- program meets the goals under subsection ficking in persons, and child pornography, pation in the Rotation Program, disseminate (b); and for advanced forensics. information broadly within the Department ‘‘(B) feedback from participants in the pro- ‘‘(5) COORDINATION.—The Chief Scientist about the availability of the Rotation Pro- gram, including the extent to which rota- shall ensure that the activities of the Direc- gram, qualifications for participation in the tions have enhanced their performance in torate for Testing and Evaluation of Science Rotation Program, including full-time em- their current role and opportunities to im- and Technology are coordinated with those ployment within the employing component prove the program; of other relevant research agencies, and may or office not less than 1 year, and the general ‘‘(C) aggregated information about pro- oversee projects jointly with other agencies. provisions of the Rotation Program; gram participants; and ‘‘(6) PERSONNEL.—In hiring personnel for ‘‘(2) require as a condition of participation ‘‘(D) a discussion of how rotations can be the Science and Technology Directorate, the in the Rotation Program that an employee— aligned with the needs of the Department Secretary shall have the hiring and manage- ‘‘(A) is nominated by the head of the com- with respect to employee training and mis- ment authorities described in section 1599h ponent or office employing the employee; sion needs.’’. of title 10, United States Code. The term of and (b) CONGRESSIONAL NOTIFICATION AND OVER- appointments for employees under sub- ‘‘(B) is selected by the Secretary, or the SIGHT.—Not later than 120 days after the date section (c)(1) of that section may not exceed Secretary’s designee, solely on the basis of of the enactment of this Act, the Secretary 5 years before the granting of any extension relative ability, knowledge, and skills, after of Homeland Security shall provide to the under subsection (c)(2) of that section. fair and open competition that assures that Committee on Homeland Security and the ‘‘(7) DEMONSTRATIONS.—The Chief Sci- all candidates receive equal opportunity; Permanent Select Committee on Intelligence entist, periodically, shall hold homeland se- ‘‘(3) ensure that each employee partici- of the House of Representatives and the curity technology demonstrations, pilots, pating in the Rotation Program shall be en- Committee on Homeland Security and Gov- field assessments, and workshops to improve titled to return, within a reasonable period ernmental Affairs and the Select Committee contact among technology developers, ven- of time after the end of the period of partici- on Intelligence of the Senate information dors, component personnel, State, local, and pation, to the position held by the employee, about the status of the Homeland Security tribal first responders, and acquisition per- or a corresponding or higher position, in the Rotation Program authorized by section 844 sonnel.’’. component or office that employed the em- of the Homeland Security Act of 2002, as (2) CLERICAL AMENDMENT.—The table of ployee prior to the participation of the em- amended by subsection (a) of this section. contents in section 1(b) of the Homeland Se- ployee in the Rotation Program; curity Act of 2002 (Public Law 107–296; 116 ‘‘(4) require that the rights that would be SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM. Stat. 2135) is amended by striking the item available to the employee if the employee relating to section 307 and inserting the fol- were detailed from the employing component (a) IN GENERAL.—Section 874 of the Home- lowing: or office to another Federal agency or office land Security Act of 2002 (6 U.S.C. 454) is amended— ‘‘Sec. 307. Office of the Chief Scientist.’’. remain available to the employee during the (1) in the section heading, by striking SEC. 1112. DEPARTMENT OF HOMELAND SECU- employee participation in the Rotation Pro- ‘‘YEAR’’ and inserting ‘‘YEARS’’; RITY ROTATION PROGRAM. gram; and (2) by striking subsection (a) and inserting (a) ENHANCEMENTS TO THE ROTATION PRO- ‘‘(5) require that, during the period of par- the following: GRAM.—Section 844 of the Homeland Security ticipation by an employee in the Rotation Act of 2002 (6 U.S.C. 414) is amended— Program, performance evaluations for the ‘‘(a) IN GENERAL.—Not later than 60 days (1) by striking ‘‘(a) ESTABLISHMENT.—’’; employee— after the date on which the budget of the (2) by redesignating paragraphs (1) through ‘‘(A) shall be conducted by officials in the President is submitted to Congress under (5) as subsections (a) through (e), respec- office or component employing the employee section 1105(a) of title 31, United States tively, and adjusting the margins and the with input from the supervisors of the em- Code, the Secretary shall submit to the Com- heading typeface accordingly; ployee at the component or office in which mittee on Homeland Security and Govern- (3) in subsection (a), as so redesignated— the employee is placed during that period; mental Affairs of the Senate and the Com- (A) by striking ‘‘Not later than 180 days and mittee on Homeland Security of the House of after the date of enactment of this section, ‘‘(B) shall be provided the same weight Representatives (referred to in this section the’’ and inserting ‘‘The’’; and with respect to promotions and other re- as the ‘appropriate committees’) a Future (B) by striking ‘‘for employees of the De- wards as performance evaluations for service Years Homeland Security Program that cov- partment’’ and inserting ‘‘for certain per- in the office or component employing the ers the fiscal year for which the budget is sonnel within the Department’’; employee.’’; and submitted and the 4 succeeding fiscal (4) in subsection (b), as so redesignated— (8) by adding at the end the following: years.’’; and (A) by redesignating subparagraphs (A) ‘‘(g) INTELLIGENCE ROTATIONAL ASSIGNMENT (3) by striking subsection (c) and inserting through (G) as paragraphs (3) through (9), re- PROGRAM.— the following new subsections: spectively, and adjusting the margins ac- ‘‘(1) ESTABLISHMENT.—The Secretary shall ‘‘(c) PROJECTION OF ACQUISITION ESTI- cordingly; establish an Intelligence Rotational Assign- MATES.—On and after February 1, 2019, each (B) by inserting before paragraph (3), as so ment Program as part of the Rotation Pro- Future Years Homeland Security Program redesignated, the following: gram under subsection (a). shall project— ‘‘(1) seek to foster greater departmental in- ‘‘(2) ADMINISTRATION.—The Chief Human ‘‘(1) acquisition estimates for the fiscal tegration and unity of effort; Capital Officer, in conjunction with the year for which the budget is submitted and ‘‘(2) seek to help enhance the knowledge, Chief Intelligence Officer, shall administer the 4 succeeding fiscal years, with specified skills, and abilities of participating per- the Intelligence Rotational Assignment Pro- estimates for each fiscal year, for all major sonnel with respect to the programs, poli- gram established pursuant to paragraph (1). acquisitions by the Department and each cies, and activities of the Department;’’; ‘‘(3) ELIGIBILITY.—The Intelligence Rota- component of the Department; and (C) in paragraph (4), as so redesignated, by tional Assignment Program established pur- ‘‘(2) estimated annual deployment sched- striking ‘‘middle and senior level’’; and suant to paragraph (1) shall be open to em- ules for all physical asset major acquisitions (D) in paragraph (7), as so redesignated, by ployees serving in existing analyst positions over the 5-fiscal-year period described in inserting before ‘‘invigorate’’ the following: within the Department’s intelligence enter- paragraph (1), estimated costs and number of ‘‘seek to improve morale and retention prise and other Department employees as de- service contracts, and the full operating ca- throughout the Department and’’; termined appropriate by the Chief Human pability for all information technology (5) in subsection (c), as redesignated by Capital Officer and the Chief Intelligence Of- major acquisitions. paragraph (2)— ficer. ‘‘(d) SENSITIVE AND CLASSIFIED INFORMA- (A) by redesignating subparagraphs (A) and ‘‘(4) COORDINATION.—The responsibilities TION.—The Secretary may include with each (B) as paragraphs (1) and (2), respectively, specified in subsection (c)(2) that apply to Future Years Homeland Security Program a and adjusting the margins accordingly; and the Rotation Program under such subsection classified or other appropriately controlled (B) in paragraph (2), as so redesignated— shall, as applicable, also apply to the Intel- document containing information required (i) by striking clause (iii); and ligence Rotational Assignment Program to be submitted under this section that is re- (ii) by redesignating clauses (i), (ii), and under this subsection. stricted from public disclosure in accordance (iv) through (viii) as subparagraphs (A) ‘‘(h) EVALUATION.—The Chief Human Cap- with Federal law or Executive order. through (G), respectively, and adjusting the ital Officer, acting through the Under Sec- ‘‘(e) AVAILABILITY OF INFORMATION TO THE margins accordingly; retary for Management, shall— PUBLIC.—The Secretary shall make available (6) by redesignating subsections (d) and (e), ‘‘(1) perform regular evaluations of the to the public in electronic form the informa- as redesignated by paragraph (2), as sub- Homeland Security Rotation Program; and tion required to be submitted to the appro- sections (e) and (f), respectively; ‘‘(2) not later than 90 days after the end of priate committees under this section, other (7) by inserting after subsection (c) the fol- each fiscal year, submit to the Secretary a than information described in subsection lowing new subsection: report detailing the findings of the evalua- (d).’’.

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(b) CLERICAL AMENDMENT.—The table of personnel and funds, needed to cover up- the first strategy under paragraph (1), the contents in section 1(b) of the Homeland Se- front costs to achieve consolidation and effi- Under Secretary for Management, in con- curity Act of 2002 (Public Law 107–296; 116 ciencies. sultation with the Administrator of General Stat. 2135) is amended by striking the item (4) An accounting of any consolidation of Services, shall develop a second 5-year real relating to section 874 and inserting the fol- the real estate footprint of the Department property strategy for the Department that lowing: or any component of the Department, includ- covers the 5 fiscal years immediately fol- ‘‘Sec. 874. Future Years Homeland Security ing the co-location of personnel from dif- lowing the conclusion of the first strategy. Program.’’. ferent components, offices, and agencies ‘‘(b) REQUIREMENTS.— SEC. 1114. FIELD EFFICIENCIES PLAN. within the Department. ‘‘(1) INITIAL STRATEGY.—The initial 5-year (a) IN GENERAL.—Not later than 270 days SEC. 1115. MANAGEMENT. strategy developed in accordance with sub- after the date of enactment of this Act, the (a) SUBMISSION TO CONGRESS OF INFORMA- section (a)(1) shall— Secretary of Homeland Security shall sub- TION REGARDING REPROGRAMMING OR TRANS- ‘‘(A) identify opportunities to consolidate mit to the Committee on Homeland Security FER OF DEPARTMENT OF HOMELAND SECURITY real property, optimize the usage of Federal and the Committee on Transportation and RESOURCES TO RESPOND TO OPERATIONAL assets, and decrease the number of commer- Infrastructure of the House of Representa- SURGES.—Title VII of the Homeland Security cial leases and square footage within the De- tives and Committee on Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended partment’s real property portfolio; and Governmental Affairs of the Senate a by section 1108, is amended by adding at the ‘‘(B) provide alternate housing and consoli- field efficiencies plan that— end the following: dation plans to increase efficiency through (1) examines the facilities and administra- ‘‘SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF joint use of Department spaces while de- tive and logistics functions of components of INFORMATION ON REPROGRAMMING creasing the cost of leased space; the Department of Homeland Security lo- OR TRANSFERS OF FUNDS TO RE- ‘‘(C) concentrate on geographical areas SPOND TO OPERATIONAL SURGES. cated within designated geographic areas; with a significant Department presence, as and ‘‘For each fiscal year until fiscal year 2023, identified by the Under Secretary for Man- (2) provides specific recommendations and the Secretary shall provide to the Com- agement; an associated cost-benefit analysis for the mittee on Homeland Security of the House of ‘‘(D) examine the establishment of central consolidation of the facilities and adminis- Representatives and the Committee on Department locations in each such geo- trative and logistics functions of components Homeland Security and Governmental Af- graphical region and the co-location of De- of the Department of Homeland Security fairs of the Senate, together with the annual partment components based on the mission within each designated geographic area. budget request for the Department, informa- sets and responsibilities of such components; (b) CONTENTS.—The field efficiencies plan tion on— submitted under subsection (a) shall include ‘‘(1) any circumstance during the fiscal ‘‘(E) identify opportunities to reduce over- the following: year covered by the report in which the Sec- head costs through co-location or consolida- (1) An accounting of leases held by the De- retary exercised the authority to reprogram tion of real property interests or mission partment of Homeland Security or the com- or transfer funds to address unforeseen costs, support activities, such as shared mail ponents of the Department of Homeland Se- including costs associated with operational screening and processing, centralized trans- curity that have expired in the current fiscal surges; and portation and shuttle services, regional tran- year or will be expiring in the next fiscal ‘‘(2) any circumstance in which any limita- sit benefit programs, common contracting year, that have begun or been renewed in the tion on the transfer or reprogramming of for custodial and other services, and current fiscal year, or that the Department funds affected the ability of the Secretary to leveraging strategic sourcing contracts and of Homeland Security or the components of address such unforeseen costs.’’. sharing of specialized facilities, such as the Department of Homeland Security plan (b) LONG TERM REAL PROPERTY STRATE- training facilities and resources; to sign or renew in the next fiscal year. GIES.—Title VII of the Homeland Security ‘‘(F) manage the current Department (2) For each designated geographic area: Act of 2002 (6 U.S.C. 341 et seq.), as amended Workspace Standard for Office Space in ac- (A) An evaluation of specific facilities at by subsection (a), is amended by adding at cordance with the Department office work- which components, or operational entities of the end the following: space design process to develop the most effi- components, of the Department of Homeland ‘‘SEC. 712. CHIEF FACILITIES AND LOGISTICS OF- cient and effective spaces within the work- Security may be closed or consolidated, in- FICER. space standard usable square foot ranges for cluding consideration of when leases expire ‘‘(a) IN GENERAL.—There is a Chief Facili- all leased for office space entered into on or or facilities owned by the Government be- ties and Logistics Officer of the Department after the date of the enactment of this sec- come available. who shall report directly to the Under Sec- tion, including the renewal of any leases for (B) An evaluation of potential consolida- retary for Management. The Chief Facilities office space existing as of such date; tion with facilities of other Federal, State, and Logistics Officer shall be career reserved ‘‘(G) define, based on square footage, what or local entities, including— for a member of the senior executive service. constitutes a major real property acquisi- (i) offices; ‘‘(b) RESPONSIBILITIES.—The Chief Facili- tion; (ii) warehouses; ties and Logistics Officer shall— ‘‘(H) prioritize actions to be taken to im- (iii) training centers; ‘‘(1) develop policies and procedures and prove the operations and management of the (iv) housing; provide program oversight to manage real Department’s real property inventory, based (v) ports, shore facilities, and airfields; property, facilities, environmental and en- on life-cycle cost estimations, in consulta- (vi) laboratories; ergy programs, personal property, mobile as- tion with component heads; (vii) continuity of government facilities; sets, equipment, and other material re- ‘‘(I) include information on the head- and sources of the Department; quarters consolidation project of the Depart- (viii) other assets as determined by the ‘‘(2) manage and execute, in consultation ment, including— Secretary. with the component heads, mission support ‘‘(i) an updated list of the components and (C) An evaluation of the potential for the services within the National Capital Region offices to be included in the project; consolidation of administrative and logistics for real property, facilities, environmental ‘‘(ii) a comprehensive assessment of the functions, including— and energy programs, and other common current and future real property required by (i) facility maintenance; headquarters and field activities for the De- the Department at the site; and (ii) fleet vehicle services; partment; and ‘‘(iii) updated cost and schedule estimates; (iii) mail handling and shipping and receiv- ‘‘(3) provide tactical and transactional and ing; services for the Department in the National ‘‘(J) include any additional information de- (iv) facility security; Capital Region, including transportation, fa- termined appropriate or relevant by the (v) procurement of goods and services; cility operations, and maintenance. Under Secretary for Management. (vi) information technology and tele- ‘‘SEC. 713. LONG TERM REAL PROPERTY STRATE- ‘‘(2) SECOND STRATEGY.—The second 5-year communications services and support; and GIES. strategy developed in accordance with sub- (vii) additional ways to improve unity of ‘‘(a) IN GENERAL.— section (a)(2) shall include information re- effort and cost savings for field operations ‘‘(1) FIRST STRATEGY.—Not later than 180 quired in subparagraphs (A), (B), (C), (E), (F), and related support activities as determined days after the date of enactment of this sec- (G), (H), (I), and (J) of paragraph (1) and in- by the Secretary. tion, the Under Secretary for Management, formation on the effectiveness of implemen- (3) An implementation plan, including— in consultation with the Administrator of tation efforts pursuant to the Department- (A) near-term actions that can co-locate, General Services, shall develop an initial 5- wide policy required in accordance with sub- consolidate, or dispose of property within 24 year regional real property strategy for the section (c), including— months; Department that covers the 5-fiscal-year pe- ‘‘(A) the impact of such implementation on (B) identifying long-term occupancy agree- riod immediately following such date of en- departmental operations and costs; and ments or leases that cannot be changed with- actment. Such strategy shall be geographi- ‘‘(B) the degree to which the Department out a significant cost to the Government; cally organized, as designated by the Under established central Department locations and Secretary for Management. and co-located Department components pur- (C) how the Department of Homeland Secu- ‘‘(2) SECOND STRATEGY.—Not later than the suant to the results of the examination re- rity can ensure it has the capacity, in both first day of the fourth fiscal year covered by quired by paragraph (1)(D).

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‘‘(c) IMPLEMENTATION POLICIES.—Not later (a) and the implementation policies devel- suant to title 40 of the United States Code; than 90 days after the development of each of oped pursuant to subsection (c). or the regional real property strategies devel- ‘‘(2) ANNUAL REVIEW.—The Under Secretary (2) the reporting requirements included in oped in accordance with subsection (a), the for Management shall annually review the the Department of Homeland Security Head- Under Secretary for Management shall de- data submitted pursuant to subsection (f)(2) quarters Consolidation Accountability Act of velop or update, as applicable, a Depart- to ensure all underutilized space (as such 2015 (Public Law 114–150; 130 Stat. 366). ment-wide policy implementing such strate- term is defined in subsection (e)) is properly (e) CLERICAL AMENDMENT.—The table of gies. identified. contents in section 1(b) of the Homeland Se- ‘‘(d) CERTIFICATIONS.—Subject to sub- ‘‘(3) CERTIFICATION REVIEW.—The Under curity Act of 2002 (Public Law 107–296; 116 section (g)(3), the implementation policies Secretary for Management shall review, and Stat. 2135), as amended by section 1108, is developed pursuant to subsection (c) shall re- if appropriate, approve, component certifi- amended by inserting after the item relating quire component heads to certify to the cations under subsection (d) before such to section 710 the following: Under Secretary for Management that such components may make any major real prop- ‘‘Sec. 711. Annual submittal to Congress of heads have complied with the requirements erty decision, including matters related to information on reprogramming specified in subsection (b) before making any new leased space, renewing any existing or transfers of funds to respond major real property decision or recommenda- leases, or agreeing to extend or newly occupy to operational surges. tion, as defined by the Under Secretary, in- any Federal space or new construction, in ‘‘Sec. 712. Chief Facilities and Logistics Offi- cluding matters related to new leased space, accordance with the applicable regional real cer. renewing any existing leases, or agreeing to property strategy developed in accordance ‘‘Sec. 713. Long term real property strate- extend or newly occupy any Federal space or with subsection (a). gies.’’. new construction, in accordance with the ap- ‘‘(4) CONGRESSIONAL REPORTING.—The SEC. 1116. REPORT TO CONGRESS ON COST SAV- plicable regional real property strategy de- Under Secretary for Management shall annu- INGS AND EFFICIENCY. veloped in accordance with subsection (a). ally provide information to the Committee (a) IN GENERAL.—Not later than 2 years ‘‘(e) UNDERUTILIZED SPACE.— on Homeland Security and the Committee on after the date of the enactment of this Act, ‘‘(1) IN GENERAL.—The implementation Transportation and Infrastructure of the the Secretary of Homeland Security shall policies developed pursuant to subsection (c) House of Representatives, the Committee on submit to the congressional homeland secu- shall require component heads, acting Homeland Security and Governmental Af- rity committees (as defined in section 2 of through regional property managers under fairs of the Senate, and the Inspector Gen- the Homeland Security Act of 2002, as subsection (f), to annually report to the eral of the Department on the real property amended by this Act) a report that includes Under Secretary for Management on under- portfolio of the Department, including infor- each of the following: utilized space and identify space that may be mation relating to the following: (1) A detailed accounting of the manage- made available for use, as applicable, by ‘‘(A) A summary of the Department’s real ment and administrative expenditures and other components or Federal agencies. property holdings in each region described in activities of each component of the Depart- ‘‘(2) EXCEPTION.—The Under Secretary for the regional strategies developed in accord- ment of Homeland Security and identifies Management may grant an exception to the ance with subsection (a), and for each such potential cost savings, avoidances, and effi- workspace standard usable square foot property, information including the total ciencies for those expenditures and activi- ranges described in subsection (b)(1)(F) for square footage leased, the total cost, the ties. specific office locations at which a reduction total number of staff at each such property, (2) An examination of major physical as- or elimination of otherwise underutilized and the square foot per person utilization sets of the Department of Homeland Secu- space would negatively impact a compo- rate for office space (and whether or not it rity, as defined by the Secretary of Home- nent’s ability to execute its mission based on conforms with the workspace standard usa- land Security. readiness performance measures or would in- ble square foot ranges established described (3) A review of the size, experience level, crease the cost of such space. in subsection (b)(1)(F)). and geographic distribution of the oper- ‘‘(3) UNDERUTILIZED SPACE DEFINED.—In ‘‘(B) An accounting of all underutilized ational personnel of the Department of this subsection, the term ‘underutilized space (as such term is defined in subsection Homeland Security. space’ means any space with respect to (e)). (4) Recommendations for adjustments in which utilization is greater than the work- ‘‘(C) An accounting of all instances in the management and administration of the place standard usable square foot ranges de- which the Department or its components Department of Homeland Security that scribed in subsection (b)(1)(F). consolidated their real property holdings or would reduce deficiencies in the capabilities ‘‘(f) COMPONENT RESPONSIBILITIES.— co-located with another entity within the of the Department of Homeland Security, re- ‘‘(1) REGIONAL PROPERTY MANAGERS.—Each Department. duce costs, and enhance efficiencies. component head shall identify a senior ca- ‘‘(D) A list of all certifications provided (b) FORM OF REPORT.—The report required reer employee of each such component for pursuant to subsection (d) and all such cer- under subsection (a) shall be submitted in each geographic region included in the re- tifications approved pursuant to paragraph unclassified form, but may include a classi- gional real property strategies developed in (3) of this subsection. fied annex. accordance with subsection (a) to serve as ‘‘(5) INSPECTOR GENERAL REVIEW.—Not later SEC. 1117. COUNTERING WEAPONS OF MASS DE- each such component’s regional property than 120 days after the last day of the fifth STRUCTION OFFICE. manager. Each such regional property man- fiscal year covered in each of the initial and (a) IN GENERAL.—Title XIX of the Home- ager shall serve as a single point of contact second regional real property strategies de- land Security Act of 2002 (6 U.S.C. 591 et seq.) for Department headquarters and other De- veloped in accordance with subsection (a), is amended— partment components for all real property the Inspector General of the Department (1) in the title heading, by striking ‘‘DO- matters relating to each such component shall review the information submitted pur- MESTIC NUCLEAR DETECTION OFFICE’’ within the region in which each such compo- suant to paragraph (4) and issue findings re- and inserting ‘‘COUNTERING WEAPONS OF nent is located, and provide data and any garding the effectiveness of the implementa- MASS DESTRUCTION OFFICE’’; other support necessary for the Department tion of the Department-wide policy and over- (2) by striking section 1901 and inserting of Homeland Security Regional Mission Sup- sight efforts of the management of real prop- the following: port Coordinator strategic asset and port- erty facilities, personal property, mobile as- ‘‘SEC. 1900. DEFINITIONS. folio planning and execution. sets, equipment and the Department’s other ‘‘In this title: ‘‘(2) DATA.—Regional property managers material resources as required under this ‘‘(1) ASSISTANT SECRETARY.—The term ‘As- under paragraph (1) shall provide annually to section.’’. sistant Secretary’ means the Assistant Sec- the Under Secretary for Management, via a (c) REPORTING.—The Secretary of Home- retary for the Countering Weapons of Mass standardized and centralized system, data on land Security shall submit to the Committee Destruction Office. each component’s real property holdings, as on Homeland Security of the House of Rep- ‘‘(2) OFFICE.—The term ‘Office’ means the specified by the Undersecretary for Manage- resentatives and the Committee on Home- Countering Weapons of Mass Destruction Of- ment, including relating to underutilized land Security and Governmental Affairs of fice established under section 1901(a). space under subsection (e) (as such term is the Senate copies of the regional strategies ‘‘(3) WEAPON OF MASS DESTRUCTION.—The defined in such subsection), total square developed in accordance with section 713(a) term ‘weapon of mass destruction’ has the footage leased, annual cost, and total num- of the Homeland Security Act of 2002, as meaning given the term in section 101 of the ber of staff, for each geographic region in- added by this Act, not later than 90 days Foreign Intelligence Surveillance Act of 1978 cluded in the regional real property strate- after the date of the development of each (50 U.S.C. 1801). gies developed in accordance with subsection such strategy. ‘‘Subtitle A—Countering Weapons of Mass (a). (d) RULES OF CONSTRUCTION.—Nothing in Destruction Office’’; ‘‘(g) ONGOING OVERSIGHT.— this Act or an amendment made by this Act ‘‘SEC. 1901. COUNTERING WEAPONS OF MASS DE- ‘‘(1) IN GENERAL.—The Under Secretary for shall be construed to effect, modify, or su- STRUCTION OFFICE. Management shall monitor components’ ad- persede— ‘‘(a) ESTABLISHMENT.—There is established herence to the regional real property strate- (1) the responsibility of agencies for man- in the Department a Countering Weapons of gies developed in accordance with subsection agement of their real property holdings pur- Mass Destruction Office.

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‘‘(b) ASSISTANT SECRETARY.—The Office (1) IN GENERAL.—Any reference in law, reg- force-focused health and medical activities shall be headed by an Assistant Secretary for ulation, document, paper, or other record of of the Department. The Under Secretary for the Countering Weapons of Mass Destruction the United States to— Management may further delegate these re- Office, who shall be appointed by the Presi- (A) the Domestic Nuclear Detection Office sponsibilities as appropriate. dent. shall be deemed to be a reference to the ‘‘(b) RESPONSIBILITIES.—The Under Sec- ‘‘(c) RESPONSIBILITIES.—The Assistant Sec- Countering Weapons of Mass Destruction Of- retary for Management, in coordination with retary shall serve as the Secretary’s prin- fice; and the Chief Medical Officer, shall— cipal advisor on— (B) the Director for Domestic Nuclear De- ‘‘(1) provide oversight and coordinate the ‘‘(1) weapons of mass destruction matters tection shall be deemed to be a reference to medical and health activities of the Depart- and strategies; and the Assistant Secretary for the Countering ment for the human and animal personnel of ‘‘(2) coordinating the efforts to counter Weapons of Mass Destruction Office. the Department; weapons of mass destruction.’’; (2) CONSTRUCTION.—Sections 1923 through ‘‘(2) establish medical, health, veterinary, (3) by adding at the end the following: 1927 of the Homeland Security Act of 2002, as and occupational health exposure policy, so redesignated by subsection (a), shall be guidance, strategies, and initiatives for the ‘‘Subtitle B—Mission of the Office construed to cover the chemical and biologi- human and animal personnel of the Depart- ‘‘SEC. 1921. MISSION OF THE OFFICE. cal responsibilities of the Assistant Sec- ment; ‘‘The Office shall be responsible for coordi- retary for the Countering Weapons of Mass ‘‘(3) as deemed appropriate by the Under nating with other Federal efforts and devel- Destruction Office. Secretary, provide medical liaisons to the components of the Department, on a reim- oping departmental strategy and policy to (3) AUTHORITY.—The authority of the Di- plan, detect, or protect against the importa- rector of the Domestic Nuclear Detection Of- bursable basis, to provide subject matter ex- tion, possession, storage, transportation, de- fice to make grants is transferred to the As- pertise on occupational medical and public velopment, or use of unauthorized chemical, sistant Secretary for the Countering Weap- health issues; biological, radiological, or nuclear mate- ons of Mass Destruction, and such authority ‘‘(4) serve as the primary representative for rials, devices, or agents, in the United States shall be construed to include grants for all the Department on agreements regarding the detail of Department of Health and Human and to protect against an attack using such purposes of title XIX of the Homeland Secu- Services Public Health Service Commis- materials, devices, or agents against the peo- rity Act of 2002, as amended by this Act. sioned Corps Officers to the Department, ex- ple, territory, or interests of the United (c) CHIEF MEDICAL OFFICER.— cept that components and offices of the De- States. (1) REPEAL.—Title V of the Homeland Se- curity Act of 2002 (6 U.S.C. 311 et seq.) is partment shall retain authority for funding, ‘‘SEC. 1922. RELATIONSHIP TO OTHER DEPART- determination of specific duties, and super- amended by striking section 516. MENT ENTITIES AND FEDERAL vision of Commissioned Corps officers de- AGENCIES. (2) AMENDMENT.—Title XIX of the Home- tailed to a Department component; and land Security Act of 2002 (6 U.S.C. 591 et ‘‘(a) IN GENERAL.—The authority of the As- ‘‘(5) perform such other duties relating to seq.), as amended by subsection (a), is sistant Secretary under this title shall nei- such responsibilities as the Secretary may amended by adding at the end the following: ther affect nor diminish the authority or the require.’’. responsibility of any officer of the Depart- ‘‘Subtitle C—Chief Medical Officer (e) TRANSFERS; ABOLISHMENT.— ment or of any officer of any other depart- ‘‘SEC. 1931. CHIEF MEDICAL OFFICER. (1) TRANSFERS.—The Secretary of Home- ment or agency of the United States with re- ‘‘(a) IN GENERAL.—There is in the Depart- land Security shall transfer— spect to the command, control, or direction ment a Chief Medical Officer, who shall be (A) to the Countering Weapons of Mass De- of the functions, personnel, funds, assets, appointed by the Secretary. The Chief Med- struction Office all functions, personnel, and liabilities of any entity within the De- ical Officer shall report to the Assistant Sec- budget authority, and assets of— partment or any Federal department or retary. (i) the Domestic Nuclear Detection Office, agency. ‘‘(b) QUALIFICATIONS.—The individual ap- as in existence on the day before the date of ‘‘(b) FEDERAL EMERGENCY MANAGEMENT pointed as Chief Medical Officer shall be a li- enactment of this Act; and AGENCY.—Nothing in this title or any other censed physician possessing a demonstrated (ii) the Office of Health Affairs, as in exist- provision of law may be construed to affect ability in and knowledge of medicine and ence on the day before the date of enactment or reduce the responsibilities of the Federal public health. of this Act, other than the functions, per- Emergency Management Agency or the Ad- ‘‘(c) RESPONSIBILITIES.—The Chief Medical sonnel, budget authority, and assets of such ministrator of the Agency, including the di- Officer shall have the responsibility within office necessary to perform the functions of version of any asset, function, or mission of the Department for medical issues related to section 714 of the Homeland Security Act of the Agency or the Administrator of the natural disasters, acts of terrorism, and 2002, as added by this Act; and Agency.’’; other man-made disasters including— (B) to the Directorate of Management all (4) by striking section 1905; ‘‘(1) serving as the principal advisor to the functions, personnel, budget authority, and (5) by redesignating sections 1902, 1903, Secretary, the Assistant Secretary, and assets of the Office of Health Affairs, as in 1904, 1906, and 1907 as sections 1923, 1924, 1925, other Department officials on medical and existence on the day before the date of en- 1926, and 1927, respectively, and transferring public health issues; actment of this Act, that are necessary to such sections to appear after section 1922, as ‘‘(2) providing operational medical support perform the functions of section 714 of the added by paragraph (3); to all components of the Department; Homeland Security Act of 2002, as added by (6) in section 1923, as so redesignated— ‘‘(3) as appropriate provide medical liai- this Act. (A) in the section heading by striking sons to the components of the Department, (2) ABOLISHMENT.—Upon completion of all ‘‘MISSION OF OFFICE’’ and inserting ‘‘RESPON- on a reimbursable basis, to provide subject transfers pursuant to paragraph (1)— SIBILITIES’’; and matter expertise on operational medical (A) the Domestic Nuclear Detection Office (B) in subsection (a)(11), by striking ‘‘Do- issues; of the Department of Homeland Security and mestic Nuclear Detection Office’’ and insert- ‘‘(4) coordinating with State, local, and the Office of Health Affairs of the Depart- ing ‘‘Countering Weapons of Mass Destruc- tribal governments, the medical community, ment of Homeland Security are abolished; tion Office’’; and others within and outside the Depart- (B) the positions of Assistant Secretary for (7) in section 1925(a), as so redesignated, by ment, including the Department of Health Health Affairs and Director for Domestic Nu- striking ‘‘section 1902’’ and inserting ‘‘sec- and Human Services Centers for Disease Con- clear Detection are abolished. tion 1923’’; trol, with respect to medical and public (f) CONFORMING AMENDMENTS.— (8) in section 1926, as so redesignated— health matters; and (1) OTHER OFFICERS.—Section 103(d) of the (A) by striking ‘‘section 1902(a)’’ each place ‘‘(5) performing such other duties relating Homeland Security Act of 2002 (6 U.S.C. it appears and inserting ‘‘section 1923(a)’’; to such responsibilities as the Secretary may 113(d)) is amended— and require.’’. (A) by striking paragraph (4); and (B) in the matter preceding paragraph (1), (3) CLERICAL AMENDMENT.—The table of (B) by redesignating paragraph (5) as para- by striking ‘‘Director for Domestic Nuclear contents in section 1(b) of the Homeland Se- graph (4). Detection’’ and inserting ‘‘Assistant Sec- curity Act of 2002 (Public Law 107–296; 116 (2) NATIONAL BIOSURVEILLANCE INTEGRATION retary for the Countering Weapons of Mass Stat. 2135) is amended by striking the item CENTER.—Section 316(a) of the Homeland Se- Destruction Office’’; and relating to section 516. curity Act of 2002 (6 U.S.C. 195b(a)) is amend- (9) in section 1927, as so redesignated— (d) WORKFORCE HEALTH AND MEDICAL SUP- ed by striking ‘‘Secretary shall’’ and insert- (A) in subsection (a)(1)(C), in the matter PORT.— ing ‘‘Secretary, acting through the Assistant preceding clause (i), by striking ‘‘Director of (1) IN GENERAL.—Title VII of the Homeland Secretary for the Countering Weapons of the Domestic Nuclear Detection Office’’ and Security Act of 2002 (6 U.S.C. 341 et seq.), as Mass Destruction Office, shall’’. inserting ‘‘Assistant Secretary for the Coun- amended by section 1115, is amended by add- (3) INTERNATIONAL COOPERATION.—Section tering Weapons of Mass Destruction Office’’; ing at the end the following: 317(f) of the Homeland Security Act of 2002 (6 and ‘‘SEC. 714. WORKFORCE HEALTH AND MEDICAL U.S.C. 195c(f)) is amended by striking ‘‘the (B) in subsection (c), by striking ‘‘section SUPPORT. Chief Medical Officer,’’ and inserting ‘‘the 1902’’ and inserting ‘‘section 1923’’. ‘‘(a) IN GENERAL.—The Under Secretary for Assistant Secretary for the Countering (b) REFERENCES AND CONSTRUCTION.— Management shall be responsible for work- Weapons of Mass Destruction Office,’’.

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(4) FUNCTIONS TRANSFERRED.—Section ‘‘Sec. 1923. Responsibilities. Secretary for the Countering Weapons of 505(b) of the Homeland Security Act of 2002 (6 ‘‘Sec. 1924. Hiring authority. Mass Destruction Office’’ and inserting ‘‘Di- U.S.C. 315(b)) is amended— ‘‘Sec. 1925. Testing authority. rector of the Domestic Nuclear Detection Of- (A) by striking paragraph (4); ‘‘Sec. 1926. Contracting and grant making fice’’; and (B) by redesignating paragraph (5) as para- authorities. (II) in subsection (c), by striking ‘‘section graph (4); and ‘‘Sec. 1927. Joint annual interagency review 1923’’ and inserting ‘‘section 1902’’; and (C) in paragraph (4), as so redesignated, by of global nuclear detection ar- (ix) by striking the heading for subtitle B striking ‘‘through (4)’’ and inserting chitecture. and all that follows through the end of sec- ‘‘through (3)’’. ‘‘Subtitle C—Chief Medical Officer tion 1931. (5) COORDINATION OF DEPARTMENT OF HOME- ‘‘Sec. 1931. Chief Medical Officer.’’. (B) Title V of the Homeland Security Act LAND SECURITY EFFORTS RELATED TO FOOD, (i) SUNSET.— of 2002 (6 U.S.C. 311 et seq.) is amended by in- AGRICULTURE, AND VETERINARY DEFENSE (1) DEFINITION.—In this subsection, the serting after section 515 the following: AGAINST TERRORISM.—Section 528(a) of the term ‘‘sunset date’’ means the date that is 5 Homeland Security Act of 2002 (6 U.S.C. years after the date of enactment of this ‘‘SEC. 516. CHIEF MEDICAL OFFICER. 321q(a)) is amended by striking ‘‘Health Af- Act. ‘‘(a) IN GENERAL.—There is in the Depart- fairs,’’ and inserting ‘‘the Countering Weap- (2) AMENDMENTS.—Effective on the sunset ment a Chief Medical Officer, who shall be ons of Mass Destruction Office,’’. date: appointed by the President. (g) DEPARTMENT OF HOMELAND SECURITY (A) Title XIX of the Homeland Security ‘‘(b) QUALIFICATIONS.—The individual ap- CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND Act of 2002 (6 U.S.C. 591 et seq.) is amended— pointed as Chief Medical Officer shall possess NUCLEAR ACTIVITIES.—Not later than 1 year (i) in the title heading, by striking ‘‘COUN- a demonstrated ability in and knowledge of after the date of enactment of this Act and TERING WEAPONS OF MASS DESTRUC- medicine and public health. once every year thereafter, the Secretary of TION OFFICE’’ and inserting ‘‘DOMESTIC ‘‘(c) RESPONSIBILITIES.—The Chief Medical Homeland Security shall provide a briefing ’’; NUCLEAR DETECTION OFFICE Officer shall have the primary responsibility and report to the appropriate congressional (ii) by striking section 1900 and all that fol- within the Department for medical issues re- committees (as defined in section 2 of the lows through the end of section 1901 and in- lated to natural disasters, acts of terrorism, Homeland Security Act of 2002 (6 U.S.C. 101) serting the following: on— and other man-made disasters, including— ‘‘SEC. 1901. DOMESTIC NUCLEAR DETECTION OF- ‘‘(1) serving as the principal advisor to the (1) the organization and management of FICE. Secretary and the Administrator on medical the chemical, biological, radiological, and ‘‘(a) ESTABLISHMENT.—There shall be estab- and public health issues; nuclear activities of the Department of lished in the Department a Domestic Nuclear ‘‘(2) coordinating the biodefense activities Homeland Security, including research and Detection Office (referred to in this title as development activities, and the location of the ‘Office’). The Secretary may request that of the Department; each activity under the organizational struc- the Secretary of Defense, the Secretary of ‘‘(3) ensuring internal and external coordi- ture of the Countering Weapons of Mass De- Energy, the Secretary of State, the Attorney nation of all medical preparedness and re- struction Office; General, the Nuclear Regulatory Commis- sponse activities of the Department, includ- (2) a comprehensive inventory of chemical, sion, and the directors of other Federal agen- ing training, exercises, and equipment sup- biological, radiological, and nuclear activi- cies, including elements of the Intelligence port; ties, including research and development ac- Community, provide for the reimbursable de- ‘‘(4) serving as the Department’s primary tivities, of the Department of Homeland Se- tail of personnel with relevant expertise to point of contact with the Department of Ag- curity, highlighting areas of collaboration the Office. riculture, the Department of Defense, the between components, coordination with ‘‘(b) DIRECTOR.—The Office shall be headed Department of Health and Human Services, other agencies, and the effectiveness and ac- by a Director for Domestic Nuclear Detec- the Department of Transportation, the De- complishments of consolidated chemical, bi- tion, who shall be appointed by the Presi- partment of Veterans Affairs, and other Fed- ological, radiological, and nuclear activities dent.’’; eral departments or agencies, on medical and of the Department of Homeland Security, in- (iii) by redesignating sections 1923, 1924, public health issues; cluding research and development activities; 1925, 1926, and 1927 as sections 1902, 1903, 1904, ‘‘(5) serving as the Department’s primary (3) information relating to how the organi- 1906, and 1907, respectively, and transferring point of contact for State, local, and tribal zational structure of the Countering Weap- such sections to appear after section 1901, as governments, the medical community, and ons of Mass Destruction Office will enhance added by clause (ii); others within and outside the Department, the development of chemical, biological, ra- (iv) in section 1902, as so redesignated— with respect to medical and public health diological, and nuclear priorities and capa- (I) in the section heading by striking ‘‘RE- matters; bilities across the Department of Homeland SPONSIBILITIES’’ and inserting ‘‘MISSION OF OF- ‘‘(6) discharging, in coordination with the Security; FICE’’; and Under Secretary for Science and Technology, (4) a discussion of any resulting cost sav- (II) in subsection (a)(11), by striking the responsibilities of the Department re- ings and efficiencies gained through activi- ‘‘Countering Weapons of Mass Destruction lated to Project Bioshield; and ties described in paragraphs (1) and (2); and Office’’ and inserting ‘‘Domestic Nuclear De- ‘‘(7) performing such other duties relating (5) recommendations for any necessary tection Office’’; to such responsibilities as the Secretary may statutory changes, or, if no statutory (v) in section 1904(a), as so redesignated, by require.’’. changes are necessary, an explanation of striking ‘‘section 1923’’ and inserting ‘‘sec- (C) Title VII of the Homeland Security Act why no statutory or organizational changes tion 1902’’; of 2002 (6 U.S.C. 341 et seq.) is amended by are necessary. (vi) by inserting after section 1904, as re- striking section 714. (h) CLERICAL AMENDMENT.—The table of designated and transferred by clause (iii), (D) Section 103(d) of the Homeland Secu- contents in section 1(b) of the Homeland Se- the following: rity Act of 2002 (6 U.S.C. 113(d)) is amended— curity Act of 2002 (Public Law 107–296; 116 ‘‘SEC. 1905. RELATIONSHIP TO OTHER DEPART- (i) by redesignating paragraph (4) as para- Stat. 2135), as amended by subsection (b), is MENT ENTITIES AND FEDERAL graph (5); and amended— AGENCIES. (ii) by inserting after paragraph (3) the fol- (1) by inserting after the item relating to ‘‘The authority of the Director under this lowing: section 713 the following: title shall not affect the authorities or re- ‘‘(4) A Director for Domestic Nuclear De- ‘‘Sec. 714. Workforce health and medical sponsibilities of any officer of the Depart- tection.’’. support.’’; ment or of any officer of any other depart- (E) Section 316(a) of the Homeland Secu- and ment or agency of the United States with re- rity Act of 2002 (6 U.S.C. 195b(a)) is amended (2) by striking the item relating to title spect to the command, control, or direction by striking ‘‘, acting through the Assistant XIX (including items relating to section 1901 of the functions, personnel, funds, assets, Secretary for the Countering Weapons of through section 1907) and inserting the fol- and liabilities of any entity within the De- Mass Destruction Office,’’. lowing: partment or any Federal department or (F) Section 317(f) of the Homeland Security ‘‘TITLE XIX—COUNTERING WEAPONS OF agency.’’; Act of 2002 (6 U.S.C. 195c(f)) is amended by MASS DESTRUCTION OFFICE (vii) in section 1906, as so redesignated— striking ‘‘the Assistant Secretary for the (I) by striking ‘‘section 1923(a)’’ each place Countering Weapons of Mass Destruction Of- ‘‘Sec. 1900. Definitions. it appears and inserting ‘‘section 1902(a)’’; fice,’’ and inserting ‘‘the Chief Medical Offi- ‘‘Subtitle A—Countering Weapons of Mass and cer,’’. Destruction Office (II) in the matter preceding paragraph (1), (G) Section 505(b) of the Homeland Secu- ‘‘Sec. 1901. Countering Weapons of Mass De- by striking ‘‘Assistant Secretary for the rity Act of 2002 (6 U.S.C. 315(b)) is amended— struction Office. Countering Weapons of Mass Destruction Of- (i) by redesignating paragraph (4) as para- ‘‘Subtitle B—Mission of the Office fice’’ and inserting ‘‘Director for Domestic graph (5); ‘‘Sec. 1921. Mission of the Office. Nuclear Detection’’; and (ii) by inserting after paragraph (3) the fol- ‘‘Sec. 1922. Relationship to other depart- (viii) in section 1907, as so redesignated— lowing: ment entities and Federal agen- (I) in subsection (a)(1)(C), in the matter ‘‘(4) The Office of the Chief Medical Offi- cies. preceding clause (i), by striking ‘‘Assistant cer.’’; and

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3787 (iii) in paragraph (5), as so redesignated, by SEC. 1119. CANINE DETECTION RESEARCH AND (D) by redesignating paragraphs (9) and (10) striking ‘‘through (3)’’ and inserting DEVELOPMENT. as paragraphs (14) and (15), respectively; ‘‘through (4)’’. (a) IN GENERAL.—Title III of the Homeland (E) by redesignating paragraphs (3) (H) Section 528(a) of the Homeland Secu- Security Act of 2002 (6 U.S.C. 181 et seq.), as through (8) as paragraphs (4) through (9), re- rity Act of 2002 (6 U.S.C. 321q(a)) is amended amended by section 1601 of this Act, is spectively; by striking ‘‘Health Affairs,’’ and inserting amended by adding at the end the following: (F) by inserting after paragraph (2) the fol- ‘‘the Countering Weapons of Mass Destruc- ‘‘SEC. 321. CANINE DETECTION RESEARCH AND lowing: tion Office,’’. DEVELOPMENT. ‘‘(3) assess the need of administrative and (I) The table of contents in section 1(b) of ‘‘(a) IN GENERAL.—In furtherance of domes- mission support staff across the Department, the Homeland Security Act of 2002 (Public tic preparedness and response, the Secretary, to identify and eliminate the unnecessary Law 107–296; 116 Stat. 2135) is amended— acting through the Under Secretary for use of mission-critical staff for administra- (i) by inserting after the item relating to Science and Technology, and in consultation tive and mission support positions;’’; section 515 the following: with other relevant executive agencies, rel- (G) in paragraph (6), as so redesignated, by ‘‘Sec. 516. Chief medical officer.’’; evant State, local, and tribal governments, inserting before the semicolon at the end the (ii) by striking the item relating to section and academic and industry stakeholders, following: ‘‘that is informed by appropriate shall, to the extent practicable, conduct re- 714; and workforce planning initiatives’’; and search and development of canine detection (iii) by striking the item relating to title (H) by inserting after paragraph (9), as so technology to mitigate the risk of the XIX (including items relating to section 1900 redesignated, the following: threats of existing and emerging weapons of through section 1931) and inserting the fol- ‘‘(10) maintain a catalogue of available em- mass destruction. lowing: ployee development opportunities easily ac- ‘‘(b) SCOPE.—The scope of the research and ‘‘TITLE XIX—DOMESTIC NUCLEAR development under subsection (a) may in- cessible to employees of the Department, in- DETECTION OFFICE clude the following: cluding departmental leadership develop- ‘‘Sec. 1901. Domestic Nuclear Detection Of- ‘‘(1) Canine-based sensing technologies. ment programs, interagency development fice. ‘‘(2) Chem-Bio defense technologies. programs, and rotational programs; ‘‘Sec. 1902. Mission of Office. ‘‘(3) New dimensions of olfaction biology. ‘‘(11) approve the selection and organiza- ‘‘Sec. 1903. Hiring authority. ‘‘(4) Novel chemical sensing technologies. tional placement of each senior human cap- ‘‘Sec. 1904. Testing authority. ‘‘(5) Advances in metabolomics and ital official of each component of the Depart- ‘‘Sec. 1905. Relationship to other Depart- ment and participate in the periodic per- ment entities and Federal agen- volatilomics. ‘‘(6) Advances in gene therapy, phenomics, formance reviews of each such senior human cies. capital official; ‘‘Sec. 1906. Contracting and grant making and molecular medicine. ‘‘(7) Reproductive science and technology. ‘‘(12) assess the success of the Department authorities. and the components of the Department re- ‘‘Sec. 1907. Joint annual interagency review ‘‘(8) End user techniques, tactics, and pro- cedures. garding efforts to recruit and retain employ- of global nuclear detection ar- ees in rural and remote areas, and make pol- chitecture.’’. ‘‘(9) National security policies, standards and practices for canine sensing tech- icy recommendations as appropriate to the (3) THIS ACT.—Effective on the sunset date, Secretary and to Congress; subsections (a) through (h) of this section, nologies. ‘‘(10) Protective technology, medicine, and ‘‘(13) develop performance measures to and the amendments made by such sub- monitor and evaluate on an ongoing basis sections, shall have no force or effect. treatments for the canine detection plat- any significant contracts issued by the De- (4) TRANSFERS; ABOLISHMENT.— form. partment or a component of the Department (A) TRANSFERS.—The Secretary of Home- ‘‘(11) Domestic capacity and standards de- to a private entity regarding the recruit- land Security shall transfer— velopment. ment, hiring, or retention of employees;’’. (i) to the Domestic Nuclear Detection Of- ‘‘(12) Emerging threat detection. fice, all functions, personnel, budget author- ‘‘(13) Training aids. SEC. 1132. EMPLOYEE ENGAGEMENT AND RETEN- ity, and assets of the Countering Weapons of ‘‘(14) Genetic, behavioral, and physio- TION ACTION PLAN. Mass Destruction Office, as in existence on logical optimization of the canine detection (a) IN GENERAL.—Title VII of the Homeland the day before the sunset date, except for the platform. Security Act of 2002 (6 U.S.C. 341 et seq.), as functions, personnel, budget authority, and ‘‘(c) COORDINATION AND COLLABORATION.— amended by section 1117, is amended by add- assets that were transferred to the Coun- The Secretary, acting through the Under ing at the end the following: tering Weapons of Mass Destruction Office Secretary for Science and Technology, shall ‘‘SEC. 715. EMPLOYEE ENGAGEMENT AND RETEN- under subsection (e)(1)(A)(i); and ensure research and development activities TION ACTION PLAN. (ii) to the Office of Health Affairs, the are conducted in coordination and collabora- ‘‘(a) IN GENERAL.—The Secretary shall— functions, personnel, budget authority, and tion with academia, all levels of government, ‘‘(1) not later than 180 days after the date assets that were transferred to the Coun- and private sector stakeholders. of enactment of this section, and not later tering Weapons of Mass Destruction Office ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— than September 30 of each fiscal year there- under subsection (e)(1)(A)(ii) or to the Direc- There are authorized to be appropriated such after, issue a Department-wide employee en- torate of Management under subsection sums as are necessary to carry out this sec- gagement and retention action plan to in- (e)(1)(B). tion.’’. form and execute strategies for improving (b) TABLE OF CONTENTS AMENDMENT.—The (B) ABOLISHMENT.—Upon completion of all employee engagement, employee retention, table of contents in section 1(b) of the Home- transfers pursuant to subparagraph (A)— Department management and leadership, di- land Security Act of 2002 (Public Law 107–296; versity and inclusion efforts, employee mo- (i) the Countering Weapons of Mass De- 116 Stat. 2135), as amended by this Act, is struction Office of the Department of Home- rale, training and development opportuni- amended by inserting after the item relating ties, and communications within the Depart- land Security is abolished; and to section 320 the following: (ii) the position of Assistant Secretary for ment, which shall reflect— ‘‘Sec. 321. Canine detection research and de- the Countering Weapons of Mass Destruction ‘‘(A) input from representatives from oper- velopment.’’. Office is abolished. ational components, headquarters, and field SEC. 1118. ACTIVITIES RELATED TO INTER- Subtitle B—Human Resources and Other personnel, including supervisory and non-su- NATIONAL AGREEMENTS; ACTIVI- Matters pervisory personnel, and employee labor or- TIES RELATED TO CHILDREN. SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RE- ganizations that represent employees of the Section 708(c) of the Homeland Security SPONSIBILITIES. Department; Act of 2002, as so redesignated by section 1142 Section 704 of the Homeland Security Act ‘‘(B) employee feedback provided through of this Act, is amended— of 2002 (6 U.S.C. 344) is amended— annual employee surveys, questionnaires, (1) by redesignating paragraphs (6) and (7) (1) in subsection (b)— and other communications; and as paragraphs (7) and (8), respectively; (A) in paragraph (1)— ‘‘(C) performance measures, milestones, (2) by inserting after paragraph (5) the fol- (i) by striking ‘‘and in line’’ and inserting and objectives that reflect the priorities and lowing: ‘‘, in line’’; and strategies of the action plan to improve em- ‘‘(6) enter into agreements with govern- (ii) by inserting ‘‘and informed by success- ployee engagement and retention; and ments of other countries, in consultation ful practices within the Federal Government ‘‘(2) require the head of each operational with the Secretary of State or the head of and the private sector,’’ after ‘‘priorities,’’; component of the Department to— another agency, as appropriate, inter- (B) in paragraph (2), by striking ‘‘develop ‘‘(A) develop and implement a component- national organizations, and international performance measures to provide a basis for specific employee engagement and retention nongovernmental organizations in order to monitoring and evaluating’’ and inserting plan to advance the action plan required achieve the missions of the Department;’’; ‘‘develop performance measures to monitor under paragraph (1) that includes perform- and and evaluate on an ongoing basis,’’; ance measures and objectives, is informed by (3) in paragraph (7), as so redesignated, by (C) in paragraph (4), by inserting ‘‘includ- employee feedback provided through annual inserting ‘‘, including feedback from organi- ing leader development and employee en- employee surveys, questionnaires, and other zations representing the needs of children,’’ gagement programs,’’ before ‘‘in coordina- communications, as appropriate, and sets after ‘‘stakeholder feedback’’. tion’’; forth how employees and, if applicable, their

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3788 CONGRESSIONAL RECORD — SENATE June 12, 2018 labor representatives are to be integrated in State, unit of local government, and tribal shall submit to the Chairman and Ranking developing programs and initiatives; and territorial government, as well as with Minority Member of the Committee on ‘‘(B) monitor progress on implementation the Government Coordinating Council and Homeland Security and Governmental Af- of such action plan; and the Sector Coordinating Council, and inter- fairs of the Senate and the Chairman and ‘‘(C) provide to the Chief Human Capital action with other Federal departments and Ranking Minority Member of the Committee Officer quarterly reports on actions planned agencies. on Homeland Security of the House of Rep- and progress made under this paragraph. (c) FORM OF REPORTS.—Each report sub- resentatives a report that evaluates the as- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in mitted under subsection (b) shall be unclas- sessment of, and the development and imple- this section shall be construed to limit the sified, but may be accompanied by a classi- mentation of the strategic plan with respect ability of the departmental or component fied annex, if necessary. to, training and continuing education pro- leadership from developing innovative ap- (d) INITIAL REPORT.—The first report sub- grams under subsection (a). proaches and strategies to employee engage- mitted under subsection (b) shall examine (f) TIMELY GUIDANCE, COMMUNICATIONS, AND ment or retention not specifically required the period beginning on January 6, 2017 TRAINING REGARDING POLICY CHANGES AF- under this section. through the required reporting period. FECTING THE CONDUCT OF LAW ENFORCEMENT ‘‘(c) REPEAL.—This section shall be re- SEC. 1134. POLICY, GUIDANCE, TRAINING, AND AND ENGAGEMENT WITH MEMBERS OF THE PUB- pealed on the date that is 5 years after the COMMUNICATION REGARDING LAW LIC.— date of enactment of this section.’’. ENFORCEMENT PERSONNEL. (1) DEFINITION.—In this subsection, the (b) CLERICAL AMENDMENT.— (a) IN GENERAL.—The Secretary of Home- term ‘‘covered order’’ means any executive (1) IN GENERAL.—The table of contents in land Security (in this section referred to as order, guidance, directive, or memorandum section 1(b) of the Homeland Security Act of the ‘‘Secretary’’) shall conduct an inventory that changes policies regarding the conduct 2002 (Public Law 107–296; 116 Stat. 2135), as and assessment of training provided to all of law enforcement or engagement with amended by section 1117, is amended by in- law enforcement personnel of the Depart- members of the public by law enforcement serting after the item related to section 714 ment of Homeland Security (referred to in personnel. the following: this section as the ‘‘Department’’), including (2) REQUIREMENTS.—The Secretary, in co- ‘‘Sec. 715. Employee engagement and reten- use of force training, and develop and imple- ordination with the head of each affected law tion plan.’’. ment a strategic plan to— enforcement component of the Department and in consultation with career executives in (2) REPEAL.—The amendment made by (1) enhance, modernize, and expand train- each affected component, shall— paragraph (1) shall be repealed on the date ing and continuing education for law en- (A) as expeditiously as possible, and not that is 5 years after the date of enactment of forcement personnel; and later than 45 days following the effective this Act. (2) eliminate duplication and increase effi- date of any covered order— (c) SUBMISSIONS TO CONGRESS.— ciencies in training and continuing edu- (i) publish written documents detailing (1) DEPARTMENT-WIDE EMPLOYEE ENGAGE- cation programs. plans for the implementation of the covered MENT ACTION PLAN.—Not later than 2 years (b) FACTORS.—In carrying out subsection after the date of enactment of this Act, and (a), the Secretary shall take into account order; once 2 years thereafter, the Secretary of the follow factors: (ii) develop and implement a strategy to Homeland Security shall submit to the Com- (1) The hours of training provided to law communicate clearly with all law enforce- mittee on Homeland Security of the House of enforcement personnel and whether such ment personnel actively engaged in core law Representatives and the Committee on hours should be increased. enforcement activities, both in supervisory Homeland Security and Governmental Af- (2) The hours of continuing education pro- and nonsupervisory positions, and to provide fairs of the Senate the Department-wide em- vided to law enforcement personnel, and prompt responses to questions and concerns ployee engagement action plan required whether such hours should be increased. raised by such personnel, about the covered under section 715 of the Homeland Security (3) The quality of training and continuing order; and Act of 2002, as added by subsection (a). education programs and whether the pro- (iii) develop and implement a detailed plan to ensure that all law enforcement personnel (2) COMPONENT-SPECIFIC EMPLOYEE ENGAGE- grams are in line with current best practices actively engaged in core law enforcement ac- MENT PLANS.—Each head of a component of and standards. the Department of Homeland Security shall (4) The use of technology for training and tivities are sufficiently and appropriately submit to the Committee on Homeland Secu- continuing education purposes, and whether trained on any new policies regarding the rity of the House of Representatives and the such technology should be modernized and conduct of law enforcement or engagement Committee on Homeland Security and Gov- expanded. with members of the public resulting from ernmental Affairs of the Senate the compo- (5) Reviews of training and education pro- the covered order; and nent-specific employee engagement plan of grams by law enforcement personnel, and (B) submit to the Chairman and Ranking each such component required under section whether such programs maximize their abil- Minority Member of the Committee on 715(a)(2) of the Homeland Security Act of ity to carry out the mission of their compo- Homeland Security and Governmental Af- 2002 (as added by subsection (a)) not later nents and meet the highest standards of pro- fairs of the Senate and the Chairman and than 30 days after the issuance of each such fessionalism and integrity. Ranking Minority Member of the Committee plan under such section 715(a)(2). (6) Whether there is duplicative or overlap- on Homeland Security of the House of Rep- resentatives a report— SEC. 1133. REPORT DISCUSSING SECRETARY’S ping training and continuing education pro- RESPONSIBILITIES, PRIORITIES, grams, and whether such programs can be (i) not later than 30 days after the effective AND AN ACCOUNTING OF THE DE- streamlined to reduce costs and increase effi- date of any covered order, that explains and PARTMENT’S WORK REGARDING ciencies. provides a plan to remedy any delay in tak- ELECTION INFRASTRUCTURE. (c) INPUT.—The Secretary shall work with ing action under subparagraph (A); and (a) IN GENERAL.—The Secretary of Home- relevant components of the Department to (ii) not later than 60 days after the effec- land Security shall continue to prioritize the take into account feedback provided by law tive date of any covered order, that describes provision of assistance, as appropriate and enforcement personnel (including non- the actions taken by the Secretary under on a voluntary basis, to State and local elec- supervisory personnel and employee labor or- subparagraph (A). tion officials in recognition of the impor- ganizations), community stakeholders, the SEC. 1135. HACK DHS BUG BOUNTY PILOT PRO- tance of election infrastructure to the Office of Science and Technology, and the GRAM. United States. Office for Civil Rights and Civil Liberties in (a) DEFINITIONS.—In this section: (b) REPORTS.—Not later than 1 year after carrying out the assessment of, and devel- (1) BUG BOUNTY PROGRAM.—The term ‘‘bug the date of enactment of this Act, and once oping and implementing the strategic plan bounty program’’ means a program under each year thereafter, the Secretary of Home- with respect to, training and continuing edu- which an approved individual, organization, land Security shall submit to the Committee cation programs under subsection (a). or company is temporarily authorized to on Homeland Security and Governmental Af- (d) REPORT.—Not later than 1 year after identify and report vulnerabilities of Inter- fairs of the Senate and the Committee on the date of enactment of this Act, the Sec- net-facing information technology of the De- Homeland Security of the House of Rep- retary shall submit to the Chairman and partment in exchange for compensation. resentatives a report detailing— Ranking Minority Member of the Committee (2) DEPARTMENT.—The term ‘‘Department’’ (1) the responsibilities of the Secretary of on Homeland Security and Governmental Af- means the Department of Homeland Secu- Homeland Security for coordinating the fairs of the Senate and the Chairman and rity. election infrastructure critical infrastruc- Ranking Minority Member of the Committee (3) INFORMATION TECHNOLOGY.—The term ture subsector; on Homeland Security of the House of Rep- ‘‘information technology’’ has the meaning (2) the priorities of the Secretary of Home- resentatives an evaluation of the assessment given the term in section 11101 of title 40, land Security for enhancing the security of of, and the development and implementation United States Code. election infrastructure over the next 1- and of the strategic plan with respect to, train- (4) PILOT PROGRAM.—The term ‘‘pilot pro- 5-year periods that incorporates lessons ing and continuing education programs gram’’ means the bug bounty pilot program learned, best practices, and obstacles from under subsection (a). required to be established under subsection the previous year; and (e) ASSESSMENT.—Not later than 2 years (b)(1). (3) a summary of the election infrastruc- after the date of enactment of this Act, the (5) SECRETARY.—The term ‘‘Secretary’’ ture work of the Department with each Comptroller General of the United States means the Secretary of Homeland Security.

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(b) ESTABLISHMENT OF PILOT PROGRAM.— SEC. 1136. COST SAVINGS ENHANCEMENTS. and support funds identified by an employee (1) IN GENERAL.—Not later than 180 days (a) IN GENERAL.— under this subsection. after the date of enactment of this Act, the (1) AMENDMENT.—Subchapter II of chapter ‘‘(d)(1) The Secretary of Homeland Secu- Secretary shall establish, within the Office 45 of title 5, United States Code, is amended rity may retain not more than 10 percent of of the Chief Information Officer, a bug boun- by inserting after section 4512 the following: amounts to be transferred to the general ty pilot program to minimize vulnerabilities ‘‘§ 4512A. Department of Homeland Security fund of the Treasury under subsection (c)(2). of Internet-facing information technology of awards for cost savings disclosures ‘‘(2) Amounts retained by the Secretary of the Department. ‘‘(a) In this section, the term ‘surplus oper- Homeland Security under paragraph (1) may (2) REQUIREMENTS.—In establishing the ations and support funds’ means amounts be— pilot program, the Secretary shall— made available for the operations and sup- ‘‘(A) used for the purpose of paying a cash (A) provide compensation for reports of port account, or equivalent account, of the award under subsection (b) to one or more previously unidentified security Department of Homeland Security, or a com- employees who identified the surplus oper- vulnerabilities within the websites, applica- ponent thereof— ations and support funds; and tions, and other Internet-facing information ‘‘(1) that are identified by an employee of ‘‘(B) to the extent amounts remain after technology of the Department that are ac- the Department of Homeland Security under paying cash awards under subsection (b), cessible to the public; subsection (b) as unnecessary; transferred or reprogrammed for use by the (B) award a competitive contract to an en- ‘‘(2) that the Inspector General of the De- Department of Homeland Security, in ac- tity, as necessary, to manage the pilot pro- partment of Homeland Security determines cordance with any limitation on such a gram and for executing the remediation of are not required for the purpose for which transfer or reprogramming under any other vulnerabilities identified as a consequence of the amounts were made available; provision of law. the pilot program; ‘‘(3) that the Chief Financial Officer of the ‘‘(e)(1) Not later than October 1 of each fis- (C) designate mission-critical operations Department of Homeland Security deter- cal year, the Secretary of Homeland Secu- within the Department that should be ex- mines are not required for the purpose for rity shall submit to the Secretary of the cluded from the pilot program; which the amounts were made available; and Treasury a report identifying the total sav- (D) consult with the Attorney General on ‘‘(4) the rescission of which would not be ings achieved during the previous fiscal year how to ensure that approved individuals, or- detrimental to the full execution of the pur- through disclosures of possible fraud, waste, ganizations, or companies that comply with poses for which the amounts were made or mismanagement and identifications of the requirements of the pilot program are available. surplus operations and support funds by an protected from prosecution under section ‘‘(b) The Inspector General of the Depart- employee. 1030 of title 18, United States Code, and simi- ment of Homeland Security may pay a cash ‘‘(2) Not later than September 30 of each lar provisions of law for specific activities award to any employee of the Department of fiscal year, the Secretary of Homeland Secu- authorized under the pilot program; Homeland Security whose disclosure of rity shall submit to the Secretary of the (E) consult with the relevant offices at the fraud, waste, or mismanagement or identi- Treasury a report that, for the previous fis- Department of Defense that were responsible fication of surplus operations and support cal year— for launching the 2016 ‘‘Hack the Pentagon’’ funds to the Inspector General of the Depart- ‘‘(A) describes each disclosure of possible pilot program and subsequent Department of ment of Homeland Security has resulted in fraud, waste, or mismanagement or identi- Defense bug bounty programs; cost savings for the Department of Homeland fication of potentially surplus operations (F) develop an expeditious process by Security. The amount of an award under this and support funds by an employee of the De- which an approved individual, organization, section may not exceed the lesser of— partment of Homeland Security determined or company can register with the entity de- ‘‘(1) $10,000; or by the Department of Homeland Security to scribed in subparagraph (B), submit to a ‘‘(2) an amount equal to 1 percent of the have merit; and background check as determined by the De- Department of Homeland Security’s cost ‘‘(B) provides the number and amount of partment, and receive a determination as to savings which the Inspector General deter- cash awards by the Department of Homeland eligibility for participation in the pilot pro- mines to be the total savings attributable to Security under subsection (b). gram; and the employee’s disclosure or identification. ‘‘(3) The Secretary of Homeland Security (G) engage qualified interested persons, in- For purposes of paragraph (2), the Inspector shall include the information described in cluding non-government sector representa- General may take into account Department paragraphs (1) and (2) in each budget request tives, about the structure of the pilot pro- of Homeland Security cost savings projected of the Department of Homeland Security gram as constructive and to the extent prac- for subsequent fiscal years which will be at- submitted to the Office of Management and ticable. tributable to such disclosure or identifica- Budget as part of the preparation of the (c) REPORT.—Not later than 180 days after tion. budget of the President submitted to Con- the date on which the pilot program is com- ‘‘(c)(1) The Inspector General of the De- gress under section 1105(a) of title 31. pleted, the Secretary shall submit to the partment of Homeland Security shall refer ‘‘(4) The Secretary of the Treasury shall Committee on Homeland Security and Gov- to the Chief Financial Officer of the Depart- submit to the Committee on Appropriations ernmental Affairs of the Senate and the ment of Homeland Security any potential of the Senate, the Committee on Appropria- Committee on Homeland Security of the surplus operations and support funds identi- tions of the House of Representatives, and House of Representatives a report on the fied by an employee that the Inspector Gen- the Government Accountability Office an an- pilot program, which shall include— eral determines meets the requirements nual report on Federal cost saving and (1) the number of approved individuals, or- under paragraphs (2) and (4) of subsection (a), awards based on the reports submitted under ganizations, or companies involved in the along with any recommendations of the In- paragraphs (1) and (2). pilot program, broken down by the number spector General. ‘‘(f) The Director of the Office of Personnel of approved individuals, organizations, or ‘‘(2)(A) If the Chief Financial Officer of the Management shall— companies that— Department of Homeland Security deter- ‘‘(1) ensure that the cash award program of (A) registered; mines that potential surplus operations and the Department of Homeland Security com- (B) were approved; support funds referred under paragraph (1) plies with this section; and (C) submitted security vulnerabilities; and meet the requirements under subsection (a), ‘‘(2) submit to Congress an annual certifi- (D) received compensation; except as provided in subsection (d), the Sec- cation indicating whether the cash award (2) the number and severity of retary of Homeland Security shall transfer program of the Department of Homeland Se- vulnerabilities reported as part of the pilot the amount of the surplus operations and curity complies with this section. program; support funds from the applicable appropria- ‘‘(g) Not later than 3 years after the date of (3) the number of previously unidentified tions account to the general fund of the enactment of this section, and every 3 years security vulnerabilities remediated as a re- Treasury. thereafter, the Comptroller General of the sult of the pilot program; ‘‘(B) Any amounts transferred under sub- United States shall submit to Congress a re- (4) the current number of outstanding pre- paragraph (A) shall be deposited in the port on the operation of the cost savings and viously unidentified security vulnerabilities Treasury and used for deficit reduction, ex- awards program under this section, including and Department remediation plans; cept that in the case of a fiscal year for any recommendations for legislative (5) the average length of time between the which there is no Federal budget deficit, changes.’’. reporting of security vulnerabilities and re- such amounts shall be used to reduce the (2) TECHNICAL AND CONFORMING AMEND- mediation of the vulnerabilities; Federal debt (in such manner as the Sec- MENT.—The table of sections for subchapter (6) the types of compensation provided retary of the Treasury considers appro- II of chapter 45 of title 5, United States Code, under the pilot program; and priate). is amended by inserting after the item relat- (7) the lessons learned from the pilot pro- ‘‘(3) The Inspector General of the Depart- ing to section 4512 the following: gram. ment of Homeland Security and the Chief Fi- ‘‘4512A. Department of Homeland Security (d) AUTHORIZATION OF APPROPRIATIONS.— nancial Officer of the Department of Home- awards for cost savings disclo- There are authorized to be appropriated to land Security shall issue standards and defi- sures.’’. the Department $250,000 for fiscal year 2018 nitions for purposes of making determina- (3) SUNSET.—Effective 6 years after the to carry out this section. tions relating to potential surplus operations date of enactment of this Act, subchapter II

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CYBERSECURITY RESEARCH AND DE- ‘‘(d) TRANSITION TO PRACTICE.—The Under Security and the Committee on Science, VELOPMENT PROJECTS. Secretary for Science and Technology Space, and Technology of the House of Rep- (a) CYBERSECURITY RESEARCH AND DEVEL- shall— resentatives and the Committee on Home- OPMENT.— ‘‘(1) support projects carried out under this land Security and Governmental Affairs of (1) IN GENERAL.—Title III of the Homeland title through the full life cycle of such the Senate a report detailing the projects for Security Act of 2002 (6 U.S.C. 181 et seq.), as projects, including research, development, which the authority granted by subsection amended by section 1119 of this Act, is testing, evaluation, pilots, and transitions; (a) was utilized, the rationale for such utili- amended by adding at the end the following: ‘‘(2) identify mature technologies that ad- zations, the funds spent utilizing such au- ‘‘SEC. 322. CYBERSECURITY RESEARCH AND DE- dress existing or imminent cybersecurity thority, the extent of cost-sharing for such VELOPMENT. gaps in public or private information sys- projects among Federal and non-Federal ‘‘(a) IN GENERAL.—The Under Secretary for tems and networks of information systems, sources, the extent to which utilization of Science and Technology shall support the re- protect sensitive information within and such authority has addressed a homeland se- search, development, testing, evaluation, outside networks of information systems, curity capability gap or threat to the home- and transition of cybersecurity technologies, identify and support necessary improve- land identified by the Department, the total including fundamental research to improve ments identified during pilot programs and amount of payments, if any, that were re- the sharing of information, information se- testing and evaluation activities, and intro- ceived by the Federal Government as a re- curity, analytics, and methodologies related duce new cybersecurity technologies sult of the utilization of such authority dur- to cybersecurity risks and incidents, con- throughout the homeland security enterprise ing the period covered by each such report, sistent with current law. through partnerships and commercialization; the outcome of each project for which such ‘‘(b) ACTIVITIES.—The research and devel- and authority was utilized, and the results of any opment supported under subsection (a) shall ‘‘(3) target federally funded cybersecurity audits of such projects.’’; serve the components of the Department and research that demonstrates a high prob- (3) in subsection (d), by striking ‘‘as de- shall— ability of successful transition to the com- fined in section 845(e) of the National De- ‘‘(1) advance the development and accel- mercial market within 2 years and that is fense Authorization Act for Fiscal Year 1994 erate the deployment of more secure infor- expected to have a notable impact on the (Public Law 103–160; 10 U.S.C. 2371 note)’’ and mation systems; public or private information systems and inserting ‘‘as defined in section 2371b(e) of ‘‘(2) improve and create technologies for networks of information systems. title 10, United States Code.’’; and detecting and preventing attacks or intru- ‘‘(e) DEFINITIONS.—In this section: (4) by adding at the end the following: sions, including real-time continuous ‘‘(1) CYBERSECURITY RISK.—The term ‘cy- ‘‘(e) TRAINING.—The Secretary shall de- diagnostics, real-time analytic technologies, bersecurity risk’ has the meaning given the velop a training program for acquisitions and full life cycle information protection; term in section 2209. staff on the utilization of the authority pro- ‘‘(3) improve and create mitigation and re- ‘‘(2) HOMELAND SECURITY ENTERPRISE.—The vided under subsection (a) to ensure account- covery methodologies, including techniques term ‘homeland security enterprise’ means ability and effective management of projects and policies for real-time containment of at- relevant governmental and nongovernmental consistent with the Program Management tacks and development of resilient networks entities involved in homeland security, in- Improvement Accountability Act (Public and information systems; cluding Federal, State, local, and tribal gov- Law 114–264; 130 Stat. 1371) and the amend- ‘‘(4) assist the development and support in- ernment officials, private sector representa- ments made by such Act.’’. frastructure and tools to support cybersecu- tives, academics, and other policy experts. (c) NO ADDITIONAL FUNDS AUTHORIZED.—No rity research and development efforts, in- ‘‘(3) INCIDENT.—The term ‘incident’ has the additional funds are authorized to carry out cluding modeling, testbeds, and data sets for meaning given the term in section 2209. the requirements of this section and the assessment of new cybersecurity tech- ‘‘(4) INFORMATION SYSTEM.—The term ‘in- amendments made by this section. Such re- nologies; formation system’ has the meaning given the quirements shall be carried out using ‘‘(5) assist the development and support of term in section 3502 of title 44, United States amounts otherwise authorized. technologies to reduce vulnerabilities in in- Code. SEC. 1138. CYBERSECURITY TALENT EXCHANGE. dustrial control systems; ‘‘(5) SOFTWARE ASSURANCE.—The term ‘soft- ‘‘(6) assist the development and support ware assurance’ means confidence that soft- (a) DEFINITIONS.—In this section— cyber forensics and attack attribution capa- ware— (1) the term ‘‘congressional homeland secu- bilities; ‘‘(A) is free from vulnerabilities, either in- rity committees’’ means— ‘‘(7) assist the development and accelerate tentionally designed into the software or ac- (A) the Committee on Homeland Security the deployment of full information life cycle cidentally inserted at any time during the and Governmental Affairs and the Com- security technologies to enhance protection, life cycle of the software; and mittee on Appropriations of the Senate; and control, and privacy of information to detect ‘‘(B) functioning in the intended manner.’’. (B) the Committee on Homeland Security and prevent cybersecurity risks and inci- (2) CLERICAL AMENDMENT.—The table of and the Committee on Appropriations of the dents; contents in section 1(b) of the Homeland Se- House of Representatives; ‘‘(8) assist the development and accelerate curity Act of 2002 (Public Law 107–296; 116 (2) the term ‘‘Department’’ means the De- the deployment of information security Stat. 2135), as amended by this Act, is partment of Homeland Security; and measures, in addition to perimeter-based amended by inserting after the item relating (3) the term ‘‘Secretary’’ means the Sec- protections; to section 321 the following: retary of Homeland Security. ‘‘(9) assist the development and accelerate ‘‘Sec. 322. Cybersecurity research and devel- (b) CYBERSECURITY TALENT EXCHANGE the deployment of technologies to detect im- opment.’’. PILOT PROGRAM.— proper information access by authorized (b) RESEARCH AND DEVELOPMENT (1) IN GENERAL.—Not later than 1 year after users; PROJECTS.—Section 831 of the Homeland Se- the date of enactment of this Act, the Sec- ‘‘(10) assist the development and accelerate curity Act of 2002 (6 U.S.C. 391) is amended— retary shall commence carrying out a cyber- the deployment of cryptographic tech- (1) in subsection (a)— security talent exchange pilot program. nologies to protect information at rest, in (A) in the matter preceding paragraph (1), (2) DELEGATION.—The Secretary may dele- transit, and in use; by striking ‘‘2017’’ and inserting ‘‘2022’’; and gate any authority under this section to the ‘‘(11) assist the development and accelerate (B) in paragraph (2), by striking ‘‘under Director of the Cybersecurity and Infrastruc- the deployment of methods to promote section 845 of the National Defense Author- ture Security Agency of the Department. greater software assurance; ization Act for Fiscal Year 1994 (Public Law (c) APPOINTMENT AUTHORITY.— ‘‘(12) assist the development and accelerate 103–160). In applying the authorities of that (1) IN GENERAL.—Under regulations pre- the deployment of tools to securely and section 845, subsection (c) of that section scribed by the Secretary for the purpose of automatically update software and firmware shall apply with respect to prototype carrying out the pilot program established in use, with limited or no necessary inter- projects under this paragraph, and the Sec- under subsection (b), the Secretary may,

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with the agreement of a private-sector orga- shall address the specific terms and condi- (d) DETAILING OF PARTICIPANTS.—With the nization and the consent of the employee, ar- tions related to the continued status of the consent of an individual participating in the range for the temporary assignment of an employee as a Federal employee. pilot program established under subsection employee to the private-sector organization, (C) CERTIFICATION.—In establishing a tem- (b), the Secretary may, under the pilot pro- or from the private-sector organization to a porary assignment of an employee of the De- gram, detail the individual to another Fed- Department organization under this section. partment to a private-sector organization, eral department or agency. (2) ELIGIBLE EMPLOYEES.—Employees par- the Secretary shall— (e) SUNSET.—The pilot program established ticipating in the pilot program established (i) ensure that the normal duties and func- under subsection (b) shall terminate on the under subsection (b) shall have significant tions of the employee can be reasonably per- date that is 7 years after the date of enact- education, skills, or experience relating to formed by other employees of the Depart- ment of this Act. (f) REPORTS.— cybersecurity. ment without the transfer or reassignment (1) PRELIMINARY REPORT.—Not later than 2 (3) AGREEMENTS.— of other personnel of the Department; and years after the date of enactment of this (A) IN GENERAL.—The Secretary shall pro- (ii) certify that the temporary assignment Act, the Secretary shall submit to the con- vide for a written agreement among the De- of the employee shall not have an adverse or partment, the private-sector organization, gressional homeland security committees a negative impact on organizational capabili- preliminary report describing the implemen- and the employee concerned regarding the ties associated with the assignment. terms and conditions of the assignment of tation of the pilot program established under (7) TERMS AND CONDITIONS FOR PRIVATE-SEC- the employee under this section, which— subsection (b), including the number of par- TOR EMPLOYEES.—An employee of a private- (i) shall require that the employee of the ticipating employees from the Department sector organization who is assigned to a De- Department, upon completion of the assign- and from private sector organizations, the partment organization under this sub- ment, will serve in the Department, or else- departmental missions or programs carried section— where in the civil service if approved by the out by employees participating in the pilot (A) shall continue to receive pay and bene- Secretary, for a period equal to twice the program, and recommendations to maximize fits from the private-sector organization length of the assignment; efficiencies and the effectiveness of the pilot from which the employee is assigned and (ii) shall provide that if the employee of program in order to support Department cy- shall not receive pay or benefits from the De- the Department or of the private-sector or- bersecurity missions and objectives. partment, except as provided in subpara- ganization, as the case may be, fails to carry (2) FINAL REPORT.—Not later than 6 years out the agreement, the employee shall be graph (B); after the date of enactment of this Act, the liable to the United States for payment of all (B) is deemed to be an employee of the De- Secretary shall submit to the congressional expenses of the assignment, unless that fail- partment for the purposes of— homeland security committees a final report ure was for good and sufficient reason, as de- (i) chapters 73 and 81 of title 5, United describing the implementation of the pilot termined by the Secretary; States Code; program established under subsection (b), in- (iii) shall contain language ensuring that (ii) sections 201, 203, 205, 207, 208, 209, 603, cluding the number of participating employ- the employee of the Department does not im- 606, 607, 643, 654, 1905, and 1913 of title 18, ees from the Department and from private properly use pre-decisional or draft delibera- United States Code; sector organizations, the departmental mis- tive information that the employee may be (iii) sections 1343, 1344, and 1349(b) of title sions or programs carried out by employees privy to or aware of related to Department 31, United States Code; participating in the pilot program, and pro- programing, budgeting, resourcing, acquisi- (iv) chapter 171 of title 28, United States viding a recommendation on whether the tion, or procurement for the benefit or ad- Code (commonly known as the ‘‘Federal Tort pilot program should be made permanent. Claims Act’’) and any other Federal tort li- vantage of the private-sector organization; Subtitle C—Other Matters and ability statute; SEC. 1141. PROTECTION OF PERSONALLY IDENTI- (iv) shall cover matters relating to con- (v) the Ethics in Government Act of 1978 (5 U.S.C. App.); and FIABLE INFORMATION. fidentiality, intellectual property rights, and Paragraph (2) of section 431(c) of the Tariff (vi) chapter 21 of title 41, United States such other matters as the Secretary con- Act of 1930 (19 U.S.C. 1431(c)) is amended to Code; siders appropriate. read as follows: (B) LIABILITY.—An amount for which an (C) shall not have access to any trade se- ‘‘(2)(A) The information listed in paragraph employee is liable under subparagraph (A)(ii) crets or to any other nonpublic information (1) shall not be available for public disclo- shall be treated as a debt due the United which is of commercial value to the private- sure if— States. sector organization from which the employee ‘‘(i) the Secretary of the Treasury makes (C) WAIVER.—The Secretary may waive, in is assigned; an affirmative finding on a shipment-by- whole or in part, collection of a debt de- (D) may perform work that is considered shipment basis that disclosure is likely to scribed in subparagraph (B) based on a deter- inherently governmental in nature only pose a threat of personal injury or property mination that the collection would be when requested in writing by the Secretary; damage; or against equity and good conscience and not and ‘‘(ii) the information is exempt under the in the best interests of the United States, (E) may not be used to circumvent any provisions of section 552(b)(1) of title 5, after taking into account any indication of limitation or restriction on the size of the United States Code. fraud, misrepresentation, fault, or lack of workforce of the Department. ‘‘(B) The Commissioner of U.S. Customs good faith on the part of the employee. (8) PROHIBITION AGAINST CHARGING CERTAIN and Border Protection shall ensure that any (4) TERMINATION.—An assignment under COSTS TO THE FEDERAL GOVERNMENT.—A pri- personally identifiable information, includ- this subsection may, at any time and for any vate-sector organization may not charge the ing social security numbers, passport num- reason, be terminated by the Department or Department or any other agency of the Fed- bers, and residential addresses, is removed the private-sector organization concerned. eral Government, as direct or indirect costs from any manifest signed, produced, deliv- (5) DURATION.— under a Federal contract, the costs of pay or ered, or transmitted under this section be- (A) IN GENERAL.—Except as provided in benefits paid by the organization to an em- fore the manifest is disclosed to the public.’’. subparagraph (B), an assignment under this ployee assigned to a Department organiza- SEC. 1142. TECHNICAL AND CONFORMING subsection shall be for a period of not less tion under this subsection for the period of AMENDMENTS. than 3 months and not more than 2 years, the assignment. (a) REPEAL OF DIRECTOR OF SHARED SERV- and renewable up to a total of 4 years. (9) EXPENSES.— ICES AND OFFICE OF COUNTERNARCOTICS EN- (B) EXCEPTION.—An assignment under this (A) IN GENERAL.—The Secretary may pay FORCEMENT OF DEPARTMENT OF HOMELAND subsection may be for a period in excess of 2 for travel and other work-related expenses SECURITY.— years, but not more than 4 years, if the Sec- associated with individuals participating in (1) ABOLISHMENT OF DIRECTOR OF SHARED retary determines that the assignment is the pilot program established under sub- SERVICES.— necessary to meet critical mission or pro- section (b). The Secretary shall not pay for (A) ABOLISHMENT.—The position of Direc- gram requirements. lodging or per diem expenses for employees tor of Shared Services of the Department of (C) LIMITATION.—No employee of the De- of a private sector organization, unless such Homeland Security is abolished. partment may be assigned under this sub- expenses are in furtherance of work-related (B) CONFORMING AMENDMENT.—The Home- section for more than a total of 4 years in- travel other than participating in the pilot land Security Act of 2002 (6 U.S.C. 101 et seq.) clusive of all assignments. program. is amended by striking section 475 (6 U.S.C. (6) STATUS OF FEDERAL EMPLOYEES AS- (B) BACKGROUND INVESTIGATION.—A private 295). SIGNED TO PRIVATE-SECTOR ORGANIZATIONS.— person supporting an individual partici- (C) CLERICAL AMENDMENT.—The table of (A) IN GENERAL.—An employee of the De- pating in the pilot program may pay for a contents in section 1(b) of the Homeland Se- partment who is assigned to a private-sector background investigation associated with curity Act of 2002 (Public Law 107–296; 116 organization under this subsection shall be the participation of the individual in the Stat. 2135) is amended by striking the item considered, during the period of assignment, pilot program. relating to section 475. to be on detail to a regular work assignment (10) MAXIMUM NUMBER OF PARTICIPANTS.— (2) ABOLISHMENT OF THE OFFICE OF COUNTER- in the Department for all purposes. Not more than 250 individuals may concur- NARCOTICS ENFORCEMENT.— (B) WRITTEN AGREEMENT.—The written rently participate in the pilot program es- (A) ABOLISHMENT.—The Office of Counter- agreement established under paragraph (3) tablished under subsection (b). narcotics Enforcement is abolished.

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(B) CONFORMING AMENDMENTS.—The Home- (5) by redesignating paragraphs (1), (2), and ‘‘(G) using milestones and exit criteria or land Security Act of 2002 (6 U.S.C. 101 et seq.) (3) as paragraphs (7), (8), and (9), respec- specific accomplishments that demonstrate is amended— tively; progress; (i) in subparagraph (B) of section 843(b)(1) (6) by inserting before paragraph (7), as so ‘‘(H) adopting and executing standardized (6 U.S.C. 413(b)(1)), by striking ‘‘by—’’ and all redesignated, the following: processes with known success across pro- that follows through the end of that subpara- ‘‘(1) The term ‘acquisition’ has the mean- grams; graph and inserting ‘‘by the Secretary; and’’; ing given the term in section 131 of title 41, ‘‘(I) ensuring an adequate, well-trained, and United States Code. and diverse workforce that is qualified and (ii) by striking section 878 (6 U.S.C. 458). ‘‘(2) The term ‘acquisition decision author- sufficient in number to perform necessary (C) CLERICAL AMENDMENT.—The table of ity’ means the authority held by the Sec- functions; contents in section 1(b) of the Homeland Se- retary, acting through the Under Secretary ‘‘(J) developing innovative, effective, and curity Act of 2002 (Public Law 107–296; 116 for Management, to— efficient processes and strategies; Stat. 2135) is amended by striking the item ‘‘(A) ensure compliance with Federal law, ‘‘(K) integrating risk management and relating to section 878. the Federal Acquisition Regulation, and De- mitigation techniques for national security (b) OTHER TECHNICAL AND CONFORMING partment acquisition management direc- considerations; and AMENDMENTS.— tives; ‘‘(L) integrating the capabilities described (1) TITLE I.—Section 103 of the Homeland ‘‘(B) review, including approving, pausing, in subparagraphs (A) through (K) into the Security Act of 2002 (6 U.S.C. 113), as amend- modifying, or canceling, an acquisition mission and business operations of the De- ed by this Act, is further amended— throughout the life cycle of the acquisition; partment. (A) in subsection (a)(1)(E), by striking ‘‘the ‘‘(C) ensure that acquisition program man- ‘‘(11) The term ‘breach’ means a failure to Bureau of’’ and inserting ‘‘United States’’; agers have the resources necessary to suc- meet any cost, schedule, or performance and cessfully execute an approved acquisition threshold specified in the most recently ap- (B) in subsection (d)(4), as redesignated by program; proved acquisition program baseline. section 1117(f), by striking ‘‘section 708’’ and ‘‘(D) ensure good acquisition program man- ‘‘(12) The term ‘congressional homeland se- inserting ‘‘section 707’’. agement of cost, schedule, risk, and system curity committees’ means— (2) TITLE VII.—Title VII of the Homeland performance of the acquisition program at ‘‘(A) the Committee on Homeland Security Security Act of 2002 (6 U.S.C. 341 et seq.) is issue, including assessing acquisition pro- of the House of Representatives and the amended— gram baseline breaches and directing any Committee on Homeland Security and Gov- (A) in subsection (c) of section 702 (6 U.S.C. corrective action for those breaches; and ernmental Affairs of the Senate; and 342), as redesignated by section 1103, strike ‘‘(E) ensure that acquisition program man- ‘‘(B) the Committee on Appropriations of paragraph (4); agers, on an ongoing basis, monitor cost, the House of Representatives and the Com- (B) by striking section 706 (6 U.S.C. 346); schedule, and performance against estab- mittee on Appropriations of the Senate. (C) by redesignating sections 707, 708, and lished baselines and use tools to assess risks ‘‘(13) The term ‘Component Acquisition Ex- 709 as sections 706, 707, and 708, respectively; to an acquisition program at all phases of ecutive’ means the senior acquisition official and the life cycle of the acquisition program to within a component who is designated in (D) in section 708(c)(3), as so redesignated, avoid and mitigate acquisition program writing by the Under Secretary for Manage- by striking ‘‘section 707’’ and inserting ‘‘sec- baseline breaches. ment, in consultation with the component tion 706’’. ‘‘(3) The term ‘acquisition decision event’ head, with authority and responsibility for (3) TITLE VIII.—Title VIII of the Homeland means, with respect to an acquisition pro- leading a process and staff to provide acqui- Security Act of 2002 (6 U.S.C. 361 et seq.) is gram, a predetermined point within each of sition and program management oversight, amended— the acquisition phases at which the person policy, and guidance to ensure that statu- (A) by striking section 857 (6 U.S.C. 427); exercising the acquisition decision authority tory, regulatory, and higher level policy re- (B) by redesignating section 858 as section determines whether the acquisition program quirements are fulfilled, including compli- 857; and shall proceed to the next phase. ance with Federal law, the Federal Acquisi- (C) by striking section 881 (6 U.S.C. 461). ‘‘(4) The term ‘acquisition decision memo- tion Regulation, and Department acquisition (4) TITLE XVI.—Section 1611(d)(1) of the randum’ means, with respect to an acquisi- management directives established by the Homeland Security Act of 2002 (6 U.S.C. tion, the official acquisition decision event Under Secretary for Management. 563(d)(1)) is amended by striking ‘‘section record that includes a documented record of ‘‘(14) The term ‘cost-type contract’ means 707’’ and inserting ‘‘section 706’’. decisions and assigned actions for the acqui- a contract that— (5) TABLE OF CONTENTS.—The table of con- sition, as determined by the person exer- ‘‘(A) provides for payment of allowable in- tents in section 1(b) of the Homeland Secu- cising acquisition decision authority for the curred costs, to the extent prescribed in the rity Act of 2002 (Public Law 107–296; 116 Stat. acquisition. contract; and 2135) is amended— ‘‘(5) The term ‘acquisition program’ means ‘‘(B) establishes an estimate of total cost (A) by striking the items relating to sec- the totality of activities directed to accom- for the purpose of obligating funds and estab- tions 706 through 709 and inserting the fol- plish specific goals and objectives, which lishing a ceiling that the contractor may not lowing: may— exceed, except at the risk of the contractor, ‘‘Sec. 706. Quadrennial homeland security ‘‘(A) provide new or improved capabilities without the approval of the contracting offi- review. in response to approved requirements or sus- cer.’’; ‘‘Sec. 707. Joint task forces. tain existing capabilities; and (8) by inserting after paragraph (19), as so ‘‘Sec. 708. Office of Strategy, Policy, and ‘‘(B) have multiple projects to obtain spe- redesignated, the following: Plans.’’; cific capability requirements or capital as- ‘‘(20) The term ‘fixed-price contract’ means (B) by striking the items relating to sec- sets. a contract that provides for a firm price or, tions 857 and 858 and inserting the following: ‘‘(6) The term ‘acquisition program base- in appropriate cases, an adjustable price.’’; ‘‘Sec. 857. Identification of new entrants line’, with respect to an acquisition program, (9) by inserting after paragraph (24), as so into the Federal marketplace.’’; means a summary of the cost, schedule, and redesignated, the following: and performance parameters, expressed in stand- ‘‘(25) The term ‘life cycle cost’ means the (C) by striking the item relating to section ard, measurable, quantitative terms, which total cost of an acquisition, including all rel- 881. must be met in order to accomplish the goals evant costs related to acquiring, owning, op- of the program.’’; erating, maintaining, and disposing of the TITLE II—DEPARTMENT OF HOMELAND (7) by inserting after paragraph (9), as so system, project, service, or product over a SECURITY ACQUISITION ACCOUNT- redesignated, the following: specified period of time.’’; and ABILITY AND EFFICIENCY ‘‘(10) The term ‘best practices’, with re- (10) by inserting after paragraph (26), as so SEC. 1201. DEFINITIONS. spect to acquisition, means a knowledge- redesignated, the following: (a) IN GENERAL.—Section 2 of the Home- based approach to capability development ‘‘(27) The term ‘major acquisition program’ land Security Act of 2002 (6 U.S.C. 101) is that includes, at a minimum— means a Department acquisition program amended— ‘‘(A) identifying and validating needs; that is estimated by the Secretary or a des- (1) by redesignating paragraphs (14) ‘‘(B) assessing alternatives to select the ignee of the Secretary to require an eventual through (20) as paragraphs (28) through (34), most appropriate solution; total expenditure of not less than $300,000,000 respectively; ‘‘(C) establishing requirements; (based on fiscal year 2017 constant dollars) (2) by redesignating paragraph (13) as para- ‘‘(D) developing cost estimates and sched- over the life cycle cost of the program.’’. graph (26); ules that consider the work necessary to de- (b) TECHNICAL AND CONFORMING AMEND- (3) by redesignating paragraphs (9) through velop, plan, support, and install a program or (12) as paragraphs (21) through (24), respec- solution; MENT.—Paragraph (14) of section 501 of the tively; ‘‘(E) identifying sources of funding that Homeland Security Act of 2002 (6 U.S.C. 311), (4) by redesignating paragraphs (4) through match resources to requirements; as amended by section 1451, is amended by (8) as paragraphs (15) through (19), respec- ‘‘(F) demonstrating technology, design, striking ‘‘section 2(13)(B)’’ and inserting tively; and manufacturing maturity; ‘‘section 2(26)(B)’’.

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ACQUISITION AUTHORITIES FOR sistance are provided only to individuals and evaluation of technologies and systems; UNDER SECRETARY FOR MANAGE- organizations that are not suspended or ‘‘(V) use independent verification and vali- MENT OF THE DEPARTMENT OF debarred. dation of operational testing and evaluation HOMELAND SECURITY. ‘‘(H) Distributing guidance throughout the implementation and results; and Section 701 of the Homeland Security Act Department to ensure that contractors in- ‘‘(VI) document whether such programs of 2002 (6 U.S.C. 341) is amended— volved in acquisitions, particularly contrac- meet all performance requirements included (1) in subsection (a)(2), by inserting ‘‘and tors that access the information systems and in their acquisition program baselines; acquisition management’’ after ‘‘Procure- technologies of the Department, adhere to ‘‘(ii) ensure that such operational testing ment’’; relevant Department policies related to and evaluation includes all system compo- (2) by redesignating subsection (d), the physical and information security as identi- nents and incorporates operators into the first subsection (e) (relating to the system fied by the Under Secretary for Management. testing to ensure that systems perform as in- for award management consultation), and ‘‘(I) Overseeing the Component Acquisition tended in the appropriate operational set- the second subsection (e) (relating to the def- Executive organizational structure to ensure ting; and inition of interoperable communications) as Component Acquisition Executives have suf- ‘‘(iii) determine if testing conducted by subsections (e), (f), and (g), respectively; and ficient capabilities and comply with Depart- other Federal agencies and private entities is (3) by inserting after subsection (c) the fol- ment acquisition policies. relevant and sufficient in determining lowing: ‘‘(J) Ensuring acquisition decision memo- whether systems perform as intended in the randa adequately document decisions made operational setting.’’. ‘‘(d) ACQUISITION AND RELATED RESPON- at acquisition decision events, including the SEC. 1212. ACQUISITION AUTHORITIES FOR SIBILITIES.— rationale for decisions made to allow pro- CHIEF FINANCIAL OFFICER OF THE ‘‘(1) IN GENERAL.—Notwithstanding sub- grams to deviate from the requirement to DEPARTMENT OF HOMELAND SECU- section (a) of section 1702 of title 41, United obtain approval by the Department for cer- RITY. States Code, the Under Secretary for Man- tain documents at acquisition decision Section 702(a) of the Homeland Security agement— events. Act of 2002 (6 U.S.C. 342(a)) is amended— ‘‘(A) is the Chief Acquisition Officer of the ‘‘(3) DELEGATION OF ACQUISITION DECISION (1) by striking ‘‘The Chief’’ and inserting Department; AUTHORITY.— the following: ‘‘(B) shall have the authorities and perform ‘‘(A) LEVEL 3 ACQUISITIONS.—The Under ‘‘(1) FUNCTIONS.—The Chief’’; and the functions specified in subsection (b) of Secretary for Management may delegate ac- (2) by adding at the end the following: such section; and quisition decision authority in writing to the ‘‘(2) ACQUISITION AUTHORITIES.—The Chief ‘‘(C) shall perform all other functions and relevant Component Acquisition Executive Financial Officer, in coordination with the responsibilities delegated by the Secretary for an acquisition program that has a life Under Secretary for Management, shall over- or described in this subsection. cycle cost estimate of less than $300,000,000. see the costs of acquisition programs and re- ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In ‘‘(B) LEVEL 2 ACQUISITIONS.—The Under lated activities to ensure that actual and addition to the authorities and functions Secretary for Management may delegate ac- planned costs are in accordance with budget specified in section 1702(b) of title 41, United quisition decision authority in writing to the estimates and are affordable, or can be ade- States Code, the functions and responsibil- relevant Component Acquisition Executive quately funded, over the life cycle of such ities of the Under Secretary for Management for a major acquisition program that has a programs and activities.’’. related to acquisition include the following: life cycle cost estimate of not less than SEC. 1213. ACQUISITION AUTHORITIES FOR ‘‘(A) Advising the Secretary regarding ac- $300,000,000 but not more than $1,000,000,000 if CHIEF INFORMATION OFFICER OF quisition management activities, taking into all of the following requirements are met: THE DEPARTMENT OF HOMELAND account risks of failure to achieve cost, ‘‘(i) The component concerned possesses SECURITY. schedule, or performance parameters, to en- working policies, processes, and procedures Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as amended by section sure that the Department achieves the mis- that are consistent with Department-level 1104, is amended by adding at the end the fol- sion of the Department through the adoption acquisition policy. lowing: of widely accepted program management ‘‘(ii) The Component Acquisition Executive ‘‘(d) ACQUISITION RESPONSIBILITIES.—The best practices and standards and, where ap- concerned has a well-trained and experienced propriate, acquisition innovation best prac- acquisition responsibilities of the Chief In- workforce, commensurate with the size of formation Officer shall include— tices. the acquisition program and related activi- ‘‘(B) Leading the acquisition oversight ‘‘(1) overseeing the management of the ties delegated to the Component Acquisition Homeland Security Enterprise Architecture body of the Department, the Acquisition Re- Executive by the Under Secretary for Man- and ensuring that, before each acquisition view Board, and exercising the acquisition agement. decision event, approved information tech- decision authority to approve, pause, modify, ‘‘(iii) Each major acquisition concerned nology acquisitions comply with depart- including the rescission of approvals of pro- has written documentation showing that the mental information technology management gram milestones, or cancel major acquisition acquisition has a Department-approved ac- processes, technical requirements, and the programs, unless the Under Secretary dele- quisition program baseline and the acquisi- Homeland Security Enterprise Architecture, gates that authority to a Component Acqui- tion is meeting agreed-upon cost, schedule, and in any case in which information tech- sition Executive pursuant to paragraph (3). and performance thresholds. nology acquisitions do not comply with the ‘‘(C) Establishing policies for acquisition ‘‘(4) RELATIONSHIP TO UNDER SECRETARY management directives of the Department, that implement an approach that takes into FOR SCIENCE AND TECHNOLOGY.— making recommendations to the Acquisition account risks of failure to achieve cost, ‘‘(A) IN GENERAL.—Nothing in this sub- schedule, or performance parameters that all section shall diminish the authority granted Review Board regarding that noncompliance; components of the Department shall comply to the Under Secretary for Science and Tech- and with, including outlining relevant authori- nology under this Act. The Under Secretary ‘‘(2) being responsible for— ties for program managers to effectively for Management and the Under Secretary for ‘‘(A) providing recommendations to the Ac- manage acquisition programs. Science and Technology shall cooperate in quisition Review Board regarding informa- ‘‘(D) Ensuring that each major acquisition matters related to the coordination of acqui- tion technology programs; and program has a Department-approved acquisi- sitions across the Department so that invest- ‘‘(B) developing information technology tion program baseline pursuant to the acqui- ments of the Directorate of Science and acquisition strategic guidance.’’. sition management policy of the Depart- Technology are able to support current and SEC. 1214. ACQUISITION AUTHORITIES FOR PRO- GRAM ACCOUNTABILITY AND RISK ment. future requirements of the components of MANAGEMENT. ‘‘(E) Ensuring that the heads of compo- the Department. (a) IN GENERAL.—Title VII of the Homeland nents and Component Acquisition Executives ‘‘(B) TESTING AND EVALUATION ACQUISITION Security Act of 2002 (6 U.S.C. 341 et seq.), as comply with Federal law, the Federal Acqui- SUPPORT.—The Under Secretary for Science amended by section 1132, is amended by add- sition Regulation, and Department acquisi- and Technology shall— ing at the end the following: tion management directives. ‘‘(i) ensure, in coordination with relevant ‘‘SEC. 716. ACQUISITION AUTHORITIES FOR PRO- ‘‘(F) Providing additional scrutiny and component heads, that all relevant acquisi- GRAM ACCOUNTABILITY AND RISK oversight for an acquisition that is not a tion programs— MANAGEMENT. major acquisition if— ‘‘(I) complete reviews of operational re- ‘‘(a) ESTABLISHMENT OF OFFICE.—There is ‘‘(i) the acquisition is for a program that is quirements to ensure the requirements are in the Management Directorate of the De- important to departmental strategic and measurable, testable, and achievable within partment an office to be known as ‘Program performance plans; the constraints of cost and schedule; Accountability and Risk Management’, ‘‘(ii) the acquisition is for a program with ‘‘(II) integrate applicable standards into which shall— significant program or policy implications; development specifications; ‘‘(1) provide accountability, standardiza- and ‘‘(III) complete systems engineering re- tion, and transparency of major acquisition ‘‘(iii) the Secretary determines that the views and technical assessments during de- programs of the Department; and scrutiny and oversight for the acquisition is velopment to inform production and deploy- ‘‘(2) serve as the central oversight function proper and necessary. ment decisions; for all Department acquisition programs.

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‘‘(b) RESPONSIBILITIES OF EXECUTIVE DIREC- ‘‘(D) complete a cost-benefit analysis with the item relating to section 715 the fol- TOR.—The Program Accountability and Risk supporting documentation; lowing: Management shall be led by an Executive Di- ‘‘(E) develop and maintain a schedule that ‘‘Sec. 716. Acquisition authorities for Pro- rector to oversee the requirement under sub- is consistent with scheduling best practices gram Accountability and Risk section (a), who shall report directly to the as identified by the Comptroller General of Management. Under Secretary for Management, serve as the United States, including, in appropriate ‘‘Sec. 717. Acquisition documentation.’’. the executive secretary for the Acquisition cases, an integrated master schedule; and SEC. 1215. ACQUISITION INNOVATION. Review Board, and carry out the following ‘‘(F) ensure that all acquisition program (a) IN GENERAL.—Title VII of the Homeland responsibilities: information provided by the component is Security Act of 2002 (6 U.S.C. 341 et seq.) as ‘‘(1) Monitor the performance of Depart- complete, accurate, timely, and valid. amended by section 1214, is amended by add- ment acquisition programs between acquisi- ‘‘SEC. 717. ACQUISITION DOCUMENTATION. ing at the end the following: tion decision events to identify problems ‘‘(a) IN GENERAL.—For each major acquisi- ‘‘SEC. 718. ACQUISITION INNOVATION. with cost, performance, or schedule that tion program, the Secretary, acting through ‘‘The Under Secretary for Management components may need to address to prevent the Under Secretary for Management, shall shall— cost overruns, performance issues, or sched- require the head of a relevant component or ‘‘(1) encourage each of the officers under ule delays. office to— the direction of the Under Secretary for ‘‘(2) Assist the Under Secretary for Man- ‘‘(1) maintain acquisition documentation Management to promote innovation and agement in managing the acquisition pro- shall designate an individual to promote in- grams and related activities of the Depart- that is complete, accurate, timely, and valid, novation; ment. and that includes, at a minimum— ‘‘(3) Conduct oversight of individual acqui- ‘‘(A) operational requirements that are ‘‘(2) establish an acquisition innovation lab sition programs to implement Department validated consistent with departmental pol- or similar mechanism to improve the acqui- acquisition program policy, procedures, and icy and changes to those requirements, as sition programs, acquisition workforce guidance with a priority on ensuring the appropriate; training, and existing practices of the De- data the office collects and maintains from ‘‘(B) a complete life cycle cost estimate partment through methods identified in this Department components is accurate and reli- with supporting documentation; section; able. ‘‘(C) verification of the life cycle cost esti- ‘‘(3) test emerging and established acquisi- ‘‘(4) Coordinate the acquisition life cycle mate against independent cost estimates, tion best practices for carrying out acquisi- review process for the Acquisition Review and reconciliation of any differences; tions, consistent with applicable laws, regu- Board. ‘‘(D) a cost-benefit analysis with sup- lations, and Department directives, as appro- ‘‘(5) Advise the persons having acquisition porting documentation; and priate; decision authority in making acquisition de- ‘‘(E) a schedule, including, as appropriate, ‘‘(4) develop and distribute best practices cisions consistent with all applicable laws an integrated master schedule; and lessons learned regarding acquisition in- and in establishing lines of authority, ac- ‘‘(2) prepare cost estimates and schedules novation throughout the Department; countability, and responsibility for acquisi- for major acquisition programs under sub- ‘‘(5) establish metrics to measure the effec- tion decision making within the Depart- paragraphs (B) and (E) of paragraph (1) in a tiveness of acquisition innovation efforts ment. manner consistent with best practices as with respect to cost, operational efficiency ‘‘(6) Support the Chief Procurement Officer identified by the Comptroller General of the of the acquisition program, including time- in developing strategies and specific plans United States; and frames for executing contracts, and collabo- for hiring, training, and professional devel- ‘‘(3) submit certain acquisition documenta- ration with the private sector, including opment in order to improve the acquisition tion to the Secretary to produce a semi-an- small- and medium-sized businesses; and workforce of the Department. nual Acquisition Program Health Assess- ‘‘(6) determine impacts of acquisition inno- ‘‘(7) In consultation with Component Ac- ment of departmental acquisitions for sub- vation efforts on the private sector by— quisition Executives— mission to Congress. ‘‘(A) engaging with the private sector, in- ‘‘(A) develop standards for the designation ‘‘(b) WAIVER.—The Secretary may waive cluding small- and medium-sized businesses, of key acquisition positions with major ac- the requirement under subsection (a)(3) on a to provide information and obtain feedback quisition program management offices and case-by-case basis with respect to any major on procurement practices and acquisition in- on the Component Acquisition Executive acquisition program under this section for a novation efforts of the Department; support staff; and fiscal year if— ‘‘(B) obtaining feedback from the private ‘‘(B) provide requirements and support to ‘‘(1) the major acquisition program has sector on the impact of acquisition innova- the Chief Procurement Officer in the plan- not— tion efforts of the Department; and ning, development, and maintenance of the ‘‘(A) entered the full rate production phase ‘‘(C) incorporating the feedback described Acquisition Career Management Program of in the acquisition life cycle; in subparagraphs (A) and (B), as appropriate, the Department. ‘‘(B) had a reasonable cost estimate estab- into future acquisition innovation efforts of ‘‘(8) In the event that a certification or ac- lished; and the Department.’’. tion of an acquisition program manager ‘‘(C) had a system configuration defined (b) TECHNICAL AND CONFORMING AMEND- needs review for purposes of promotion or re- fully; or MENT.—The table of contents in section 1(b) moval, provide input, in consultation with ‘‘(2) the major acquisition program does of the Homeland Security Act of 2002 (Public the relevant Component Acquisition Execu- not meet the definition of capital asset, as Law 107–296; 116 Stat. 2135), as amended by tive, into the performance evaluation of the defined by the Director of the Office of Man- section 1214, is amended by inserting after relevant acquisition program manager and agement and Budget. the item relating to section 717 the fol- report positive or negative experiences to ‘‘(c) CONGRESSIONAL OVERSIGHT.—At the lowing: the relevant certifying authority. same time the budget of the President is sub- ‘‘Sec. 718. Acquisition innovation.’’. ‘‘(9) Provide technical support and assist- mitted for a fiscal year under section 1105(a) (c) INFORMATION.— ance to Department acquisition programs of title 31, United States Code, the Secretary (1) DEFINITIONS.—In this subsection— and acquisition personnel and coordinate shall make information available, as applica- (A) the term ‘‘congressional homeland se- with the Chief Procurement Officer on work- ble, to the congressional homeland security curity committees’’ means— force training and development activities. committees regarding the requirement de- (i) the Committee on Homeland Security of ‘‘(c) RESPONSIBILITIES OF COMPONENTS.— scribed in subsection (a) in the prior fiscal the House of Representatives and the Com- Each head of a component shall— year that includes, with respect to each mittee on Homeland Security and Govern- ‘‘(1) comply with Federal law, the Federal major acquisition program for which the mental Affairs of the Senate; and Acquisition Regulation, and Department ac- Secretary has issued a waiver under sub- (ii) the Committee on Appropriations of quisition management directives established section (b)— the House of Representatives and the Com- by the Under Secretary for Management; and ‘‘(1) the grounds for granting a waiver for mittee on Appropriations of the Senate; and ‘‘(2) for each major acquisition program— the program; (B) the term ‘‘Department’’ means the De- ‘‘(A) define baseline requirements and doc- ‘‘(2) the projected cost of the program; partment of Homeland Security. ument changes to such requirements, as ap- ‘‘(3) the proportion of the annual acquisi- (2) REQUIREMENT.—Not later than 90 days propriate; tion budget of each component or office at- after the date on which the Secretary of ‘‘(B) develop a life cycle cost estimate that tributed to the program, as available; and Homeland Security submits the annual budg- is consistent with best practices identified ‘‘(4) information on the significance of the et justification for the Department for fiscal by the Comptroller General of the United program with respect to the operations and year 2020 and every fiscal year thereafter States and establish a complete life cycle the execution of the mission of each compo- through fiscal year 2025, the officers under cost estimate with supporting documenta- nent or office described in paragraph (3).’’. the director of the Under Secretary for Man- tion, including an acquisition program base- (b) TECHNICAL AND CONFORMING AMEND- agement of the Department shall provide a line; MENT.—The table of contents in section 1(b) briefing to the congressional homeland secu- ‘‘(C) verify each life cycle cost estimate of the Homeland Security Act of 2002 (Public rity committees on the activities under- against independent cost estimates, and rec- Law 107–296; 116 Stat. 2135), as amended by taken in the previous fiscal year in further- oncile any differences; section 1132, is amended by inserting after ance of section 718 of the Homeland Security

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3795 Act of 2002, as added by subsection (a), which of a proposed acquisition are executable and ‘‘SEC. 890B. DEPARTMENT LEADERSHIP COUN- shall include: are aligned to strategic initiatives. CILS. (A) Emerging and existing acquisition best ‘‘(3) Support the person with acquisition ‘‘(a) DEPARTMENT LEADERSHIP COUNCILS.— practices that were tested within the Depart- decision authority for an acquisition pro- ‘‘(1) ESTABLISHMENT.—The Secretary may ment during that fiscal year. gram in determining the appropriate direc- establish Department leadership councils as (B) Efforts to distribute best practices and tion for the acquisition at key acquisition the Secretary determines necessary to en- lessons learned within the Department, in- decision events. sure coordination and improve programs and cluding through web-based seminars, train- ‘‘(4) Conduct reviews of acquisitions to en- activities of the Department. ing, and forums, during that fiscal year. sure that the acquisitions are progressing in ‘‘(2) FUNCTION.—A Department leadership (C) Metrics captured by the Department compliance with the approved documents for council shall— and aggregate performance information for their current acquisition phases. ‘‘(A) serve as a coordinating forum; innovation efforts. ‘‘(5) Review the acquisition program docu- ‘‘(B) advise the Secretary and Deputy Sec- (D) Performance as measured by the ments of each major acquisition program, in- retary on Department strategy, operations, metrics established under paragraph (5) of cluding the acquisition program baseline and and guidance; such section 718. documentation reflecting consideration of ‘‘(C) establish policies to reduce duplica- (E) Outcomes of efforts to distribute best tradeoffs among cost, schedule, and perform- tion in acquisition programs; and practices and lessons learned within the De- ance objectives, to ensure the reliability of ‘‘(D) consider and report on such other partment, including through web-based sem- underlying data. matters as the Secretary or Deputy Sec- inars, training, and forums. ‘‘(6) Ensure that practices are adopted and retary may direct. (F) A description of outreach and engage- implemented to require consideration of ‘‘(3) RELATIONSHIP TO OTHER FORUMS.—The ment efforts with the private sector and any tradeoffs among cost, schedule, and perform- Secretary or Deputy Secretary may delegate impacts of innovative acquisition mecha- ance objectives as part of the process for de- the authority to direct the implementation nisms on the private sector, including small- veloping requirements for major acquisition of any decision or guidance resulting from and medium-sized businesses. programs prior to the initiation of the sec- the action of a Department leadership coun- (G) The criteria used to identify specific ond acquisition decision event, including, at cil to any office, component, coordinator, or acquisition programs or activities to be in- a minimum, the following practices: other senior official of the Department. cluded in acquisition innovation efforts and ‘‘(A) Department officials responsible for ‘‘(b) JOINT REQUIREMENTS COUNCIL.— the outcomes of those programs or activi- acquisition, budget, and cost estimating ‘‘(1) DEFINITION OF JOINT REQUIREMENT.—In ties. functions are provided with the appropriate this subsection, the term ‘joint requirement’ (H) Recommendations, as necessary, to en- opportunity to develop estimates and raise means a condition or capability of multiple hance acquisition innovation in the Depart- cost and schedule matters before perform- operating components of the Department ment. ance objectives are established for capabili- that is required to be met or possessed by a Subtitle B—Acquisition Program ties when feasible. system, product, service, result, or compo- Management Discipline ‘‘(B) Full consideration is given to possible nent to satisfy a contract, standard, speci- SEC. 1221. ACQUISITION REVIEW BOARD. trade-offs among cost, schedule, and per- fication, or other formally imposed docu- (a) IN GENERAL.—Subtitle D of title VIII of formance objectives for each alternative. ment. the Homeland Security Act of 2002 (6 U.S.C. ‘‘(e) ACQUISITION PROGRAM BASELINE RE- ‘‘(2) ESTABLISHMENT.—The Secretary shall 391 et seq.) is amended by adding at the end PORT REQUIREMENT.—If the person exercising establish within the Department a Joint Re- the following: acquisition decision authority over a major quirements Council. acquisition program approves the major ac- ‘‘SEC. 836. ACQUISITION REVIEW BOARD. ‘‘(3) MISSION.—In addition to other matters ‘‘(a) IN GENERAL.—The Secretary shall es- quisition program to proceed before the assigned to the Joint Requirements Council major acquisition program has a Depart- tablish an Acquisition Review Board (in this by the Secretary and Deputy Secretary, the ment-approved acquisition program baseline, section referred to as the ‘Board’) to— Joint Requirements Council shall— as required by Department policy— ‘‘(1) strengthen accountability and uni- ‘‘(A) identify, assess, and validate joint re- ‘‘(1) the Under Secretary for Management formity within the Department acquisition quirements, including existing systems and shall create and approve an acquisition pro- review process; associated capability gaps, to meet mission gram baseline report regarding such ap- ‘‘(2) review major acquisition programs; needs of the Department; proval; and and ‘‘(B) ensure that appropriate efficiencies ‘‘(2) the Secretary shall— ‘‘(3) review the use of best practices. are made among life cycle cost, schedule, ‘‘(b) COMPOSITION.— ‘‘(A) not later than 7 days after the date on and performance objectives, and procure- ‘‘(1) CHAIRPERSON.—The Under Secretary which the acquisition decision memorandum ment quantity objectives, in the establish- for Management shall serve as chairperson of is signed, provide written notice of the deci- ment and approval of joint requirements; the Board. sion to the appropriate committees of Con- and ‘‘(2) OTHER MEMBERS.—The Secretary shall gress; and ‘‘(C) make prioritized capability rec- ensure participation by other relevant De- ‘‘(B) not later than 60 days after the date ommendations for the joint requirements partment officials. on which the acquisition decision memo- validated under subparagraph (A) to the Sec- ‘‘(c) MEETINGS.— randum is signed, provide the memorandum retary, the Deputy Secretary, or the chair- ‘‘(1) REGULAR MEETINGS.—The Board shall and a briefing to the appropriate committees person of a Department leadership council meet regularly for purposes of ensuring all of Congress. designated by the Secretary to review deci- acquisition programs proceed in a timely ‘‘(f) REPORT.—Not later than 1 year after fashion to achieve mission readiness. the date of enactment of this section and sions of the Joint Requirements Council. ‘‘(2) OTHER MEETINGS.—The Board shall every year thereafter through fiscal year ‘‘(4) CHAIRPERSON.—The Secretary shall ap- convene— 2022, the Under Secretary for Management point a chairperson of the Joint Require- ‘‘(A) at the discretion of the Secretary; and shall provide information to the appropriate ments Council, for a term of not more than ‘‘(B) at any time— committees of Congress on the activities of 2 years, from among senior officials of the ‘‘(i) a major acquisition program— the Board for the prior fiscal year that in- Department as designated by the Secretary. ‘‘(I) requires authorization to proceed from cludes information relating to— ‘‘(5) COMPOSITION.—The Joint Require- one acquisition decision event to another ‘‘(1) for each meeting of the Board, any ac- ments Council shall be composed of senior throughout the acquisition life cycle; quisition decision memoranda; officials representing components of the De- ‘‘(II) is in breach of the approved acquisi- ‘‘(2) the results of the systematic reviews partment and other senior officials as des- tion program baseline of the major acquisi- conducted under subsection (d)(4); ignated by the Secretary. tion program; or ‘‘(3) the results of acquisition document re- ‘‘(6) RELATIONSHIP TO FUTURE YEARS HOME- ‘‘(III) requires additional review, as deter- views required under subsection (d)(5); and LAND SECURITY PROGRAM.—The Secretary mined by the Under Secretary for Manage- ‘‘(4) activities to ensure that practices are shall ensure that the Future Years Home- ment; or adopted and implemented throughout the land Security Program required under sec- ‘‘(ii) a non-major acquisition program re- Department under subsection (d)(6).’’. tion 874 is consistent with the recommenda- quires review, as determined by the Under (b) TECHNICAL AND CONFORMING AMEND- tions of the Joint Requirements Council re- Secretary for Management. MENT.—The table of contents in section 1(b) quired under paragraph (3)(C), as affirmed by ‘‘(d) RESPONSIBILITIES.—The responsibil- of the Homeland Security Act of 2002 (Public the Secretary, the Deputy Secretary, or the ities of the Board are as follows: Law 107–296; 116 Stat. 2135) is amended by in- chairperson of a Department leadership ‘‘(1) Determine whether a proposed acquisi- serting after the item relating to section 835 council designated by the Secretary under tion program has met the requirements of the following: that paragraph.’’. phases of the acquisition life cycle frame- ‘‘Sec. 836. Acquisition Review Board.’’. (b) TECHNICAL AND CONFORMING AMEND- work and is able to proceed to the next phase SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS. MENT.—The table of contents in section 1(b) and eventual full production and deploy- (a) IN GENERAL.—Subtitle H of title VIII of of the Homeland Security Act of 2002 (Public ment. the Homeland Security Act of 2002 (6 U.S.C. Law 107–296; 116 Stat. 2135) is amended by in- ‘‘(2) Oversee whether the business strategy, 451 et seq.) is amended by adding at the end serting after the item relating to section resources, management, and accountability the following: 890A the following:

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3796 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘Sec. 890B. Department leadership coun- (A) require that any referral made by a than 30 calendar days after the date on which cils.’’. contracting official for consideration of ac- the breach is identified. SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIV- tions to protect the interests of the Federal ‘‘(B) NOTIFICATION TO SECRETARY.—If a ERS. Government be evaluated by the Suspension breach occurs in a major acquisition pro- Not later than 5 days after the date on and Debarment Official in writing in accord- gram and the breach results in a cost over- which the Chief Procurement Officer or Chief ance with applicable regulations; and run greater than 15 percent, a schedule delay Financial Officer of the Department of (B) develop and require training for all greater than 180 days, or a failure to meet Homeland Security issues a waiver of the re- contracting officials of the Department on any of the performance thresholds from the quirement that an agency not engage in the causes for suspension and debarment and cost, schedule, or performance parameters business with a contractor or other recipient complying with departmental and Govern- specified in the most recently approved ac- of funds listed in the System for Award Man- ment-wide policies and processes. quisition program baseline for the program, agement, or a successor system, as main- (c) PAST PERFORMANCE REVIEW.— the Component Acquisition Executive for the tained by the General Services Administra- (1) IN GENERAL.—The Chief Procurement program shall notify the Secretary and the tion, the Office of Legislative Affairs of the Officer of the Department shall require for Inspector General of the Department not Department of Homeland Security shall sub- any solicitation for a competitive contract later than 5 business days after the date on mit to Congress notice of such waiver and an by a component of the Department that the which the Component Acquisition Executive explanation for a finding by the Under Sec- head of contracting activity for the compo- for the program, the head of the component retary for Management that a compelling nent shall include past performance as an concerned, the Executive Director of the reason exists for issuing the waiver. evaluation factor in the solicitation, con- Program Accountability and Risk Manage- SEC. 1224. INSPECTOR GENERAL OVERSIGHT OF sistent with applicable laws and regulations ment Division, the Under Secretary for Man- SUSPENSION AND DEBARMENT. and policies established by the Chief Pro- agement, and the Deputy Secretary are noti- The Inspector General of the Department curement Officer. fied of the breach under subparagraph (A). of Homeland Security shall— (2) REQUIREMENTS.—In carrying out the re- ‘‘(2) REMEDIATION PLAN AND ROOT CAUSE (1) conduct audits as determined necessary quirements of paragraph (1), the Chief Pro- ANALYSIS.— by the Inspector General regarding grant and curement Officer shall establish depart- ‘‘(A) IN GENERAL.—If a breach occurs in a procurement awards to identify instances in mental policies and procedures, consistent major acquisition program, the program which a contract or grant was improperly with applicable laws and regulations, to as- manager for the program shall submit in awarded to a suspended or debarred entity sess the past performance of contractors and writing to the head of the component con- and whether corrective actions were taken relevant subcontractors (including contracts cerned, the Executive Director of the Pro- to prevent recurrence; and performed at the State or local level) as part gram Accountability and Risk Management (2) review the suspension and debarment of the source selection process. division, and the Under Secretary for Man- program throughout the Department of (3) WAIVERS.— agement, at a date established by the Under Homeland Security to assess whether sus- (A) IN GENERAL.—The Chief Procurement Secretary for Management, a remediation pension and debarment criteria are consist- Officer of the Department may waive a re- plan and root cause analysis relating to the ently applied throughout the Department of quirement under paragraph (1) with respect breach and program. Homeland Security and whether disparities to a solicitation if the Chief Procurement Of- ‘‘(B) REMEDIATION PLAN.—The remediation exist in the application of such criteria, par- ficer determines that the waiver is in the plan required under subparagraph (A) shall— ticularly with respect to business size and best interest of the Government. ‘‘(i) explain the circumstances of the categories. breach at issue; (B) NOTIFICATION.—Not later than 30 days SEC. 1225. SUSPENSION AND DEBARMENT PRO- ‘‘(ii) provide prior cost estimating informa- after the date on which the Chief Procure- GRAM AND PAST PERFORMANCE. tion; ment Officer issues a waiver under subpara- (a) DEFINITIONS.—In this section— ‘‘(iii) include a root cause analysis that de- graph (A), the Secretary shall submit to the (1) the term ‘‘congressional homeland secu- termines the underlying cause or causes of congressional homeland security committees rity committees’’ has the meaning given the shortcomings in cost, schedule, or perform- written notice of the waiver, which shall in- term in section 2 of the Homeland Security ance of the major acquisition program with clude a description of the reasons for the Act of 2002, as amended by this Act; respect to which the breach has occurred, in- waiver. (2) the term ‘‘Department’’ means the De- cluding the role, if any, of— partment of Homeland Security; and Subtitle C—Acquisition Program Manage- ‘‘(I) unrealistic performance expectations; (3) the term ‘‘Secretary’’ means the Sec- ment Accountability and Transparency ‘‘(II) unrealistic baseline estimates for cost retary of Homeland Security. SEC. 1231. CONGRESSIONAL NOTIFICATION FOR or schedule or changes in program require- (b) ESTABLISHMENT.— MAJOR ACQUISITION PROGRAMS. ments; (1) IN GENERAL.—The Secretary shall estab- (a) IN GENERAL.—Subtitle D of title VIII of ‘‘(III) immature technologies or excessive lish a suspension and debarment program the Homeland Security Act of 2002 (6 U.S.C. manufacturing or integration risk; that ensures the Department and each of the 391 et seq.), as amended by section 1221, is ‘‘(IV) unanticipated design, engineering, components of the Department comply with amended by adding at the end the following: manufacturing, or technology integration the laws, regulations, and guidance related ‘‘SEC. 837. CONGRESSIONAL NOTIFICATION AND issues arising during program performance; to the suspension, debarment, and ineligi- OTHER REQUIREMENTS FOR MAJOR ‘‘(V) changes to the scope of the program; bility of contractors. ACQUISITION PROGRAM BREACH. ‘‘(VI) inadequate program funding or (2) REQUIREMENTS.—The program required ‘‘(a) DEFINITION OF APPROPRIATE COMMIT- changes in planned out-year funding from to be established under paragraph (1) shall TEES OF CONGRESS.—In this section, the term one 5-year funding plan to the next 5-year include policies and processes for— ‘appropriate committees of Congress’ funding plan as outlined in the Future Years (A) tracking, reviewing, and documenting means— Homeland Security Program required under suspension and debarment decisions, includ- ‘‘(1) the Committee on Homeland Security section 874; ing those related to poor performance, fraud, and the Committee on Appropriations of the ‘‘(VII) legislative, legal, or regulatory national security considerations, and other House of Representatives and the Committee changes; or criteria determined appropriate by the Sec- on Homeland Security and Governmental Af- ‘‘(VIII) inadequate program management retary; fairs and the Committee on Appropriations personnel, including lack of sufficient num- (B) ensuring consideration of and referral of the Senate; and ber of staff, training, credentials, certifi- for suspension, debarment, or other nec- ‘‘(2) in the case of notice or a report relat- cations, or use of best practices; essary actions that protect the interests of ing to the Coast Guard or the Transportation ‘‘(iv) propose corrective action to address the Federal Government; Security Administration, the committees de- cost growth, schedule delays, or performance (C) managing and sharing relevant docu- scribed in paragraph (1) and the Committee issues; ments and information on contractors for on Transportation and Infrastructure of the ‘‘(v) explain the rationale for why a pro- use across the Department; House of Representatives and the Committee posed corrective action is recommended; and (D) requiring timely reporting into depart- on Commerce, Science, and Transportation ‘‘(vi) in coordination with the Component mental and Government-wide databases by of the Senate. Acquisition Executive for the program, dis- the suspension and debarment officials of ‘‘(b) REQUIREMENTS WITHIN DEPARTMENT IN cuss all options considered, including— contractor suspensions, debarments, or de- EVENT OF BREACH.— ‘‘(I) the estimated impact on cost, sched- terminations of ineligibility, or other rel- ‘‘(1) NOTIFICATIONS.— ule, or performance of the program if no evant information; and ‘‘(A) NOTIFICATION OF BREACH.—If a breach changes are made to current requirements; (E) issuing guidance to implement these occurs in a major acquisition program, the ‘‘(II) the estimated cost of the program if policies and for the timely implementation program manager for the program shall no- requirements are modified; and of agreed upon recommendations from the tify the Component Acquisition Executive ‘‘(III) the extent to which funding from Inspector General of the Department or the for the program, the head of the component other programs will need to be reduced to Comptroller General of the United States. concerned, the Executive Director of the cover the cost growth of the program. (3) ADDITIONAL REQUIREMENTS.—The pro- Program Accountability and Risk Manage- ‘‘(3) REVIEW OF CORRECTIVE ACTIONS.— gram required to be established under sub- ment division, the Under Secretary for Man- ‘‘(A) IN GENERAL.—The Under Secretary for section (b)(1) shall— agement, and the Deputy Secretary not later Management—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3797 ‘‘(i) shall review each remediation plan re- ponents, employees in the field, and individ- (H) the time it takes the Department to quired under paragraph (2); and uals from industry and the academic com- implement corrective actions after a ruling ‘‘(ii) not later than 30 days after submis- munity.’’. or decision with respect to a bid protest, and sion of a remediation plan under paragraph (b) TECHNICAL AND CONFORMING AMEND- the percentage of those corrective actions (2), may approve the plan or provide an alter- MENT.—The table of contents in section 1(b) that are subsequently protested, including native proposed corrective action. of the Homeland Security Act of 2002 (Public the outcome of any subsequent bid protest; ‘‘(B) SUBMISSION TO CONGRESS.—Not later Law 107–296; 116 Stat. 2135), as amended by (I) an analysis of those contracts with re- than 30 days after the date on which the section 1231, is amended by inserting after spect to which a company files a bid protest Under Secretary for Management completes the item relating to section 837 the fol- and later files a subsequent bid protest; and a review of a remediation plan under sub- lowing: (J) an assessment of the overall time spent paragraph (A), the Under Secretary for Man- ‘‘Sec. 838. Multiyear acquisition strategy.’’. on preventing and responding to bid protests agement shall submit to the appropriate SEC. 1233. REPORT ON BID PROTESTS. as it relates to the procurement process; and committees of Congress a copy of the reme- (a) DEFINITIONS.—In this section— (2) any recommendations by the Inspector diation plan. (1) the term ‘‘appropriate committees of General of the Department relating to the ‘‘(c) REQUIREMENTS RELATING TO CONGRES- Congress’’ has the meaning given the term in study conducted under this section. SIONAL NOTIFICATION IF BREACH OCCURS.— section 837(a) of the Homeland Security Act SEC. 1234. PROHIBITION AND LIMITATIONS ON ‘‘(1) NOTIFICATION TO CONGRESS.—If a notifi- of 2002, as added by section 1231(a); and USE OF COST-PLUS CONTRACTS. cation to the Secretary is made under sub- (2) the term ‘‘Department’’ means the De- (a) DEFINITIONS.—In this section— section (b)(1)(B) relating to a breach in a partment of Homeland Security. (1) the term ‘‘Department’’ means the De- major acquisition program, the Under Sec- (b) STUDY AND REPORT.—Not later than 1 partment of Homeland Security; and retary for Management shall notify the ap- year after the date of enactment of this Act, (2) the term ‘‘major acquisition program’’ propriate committees of Congress of the the Inspector General of the Department has the meaning given the term in section 2 breach in the next semi-annual Acquisition shall conduct a study, in consultation with of the Homeland Security Act of 2002 (6 the Government Accountability Office when Program Health Assessment described in sec- U.S.C. 101), as amended by this Act. necessary, and submit to the appropriate tion 717(a)(3) after receipt by the Under Sec- (b) PROHIBITION.—Not later than 120 days committees of Congress a report on the prev- retary for Management of the notification after the date of enactment of this Act, the alence and impact of bid protests on the ac- under subsection (b)(1)(B). Secretary of Homeland Security shall mod- quisition process of the Department, in par- ‘‘(2) SIGNIFICANT VARIANCES IN COSTS OR ify the acquisition regulations of the Depart- ticular bid protests filed with the Govern- SCHEDULE.—If a likely cost overrun is greater ment Accountability Office and the United ment to prohibit the use of cost-type con- than 20 percent or a likely delay is greater States Court of Federal Claims. tracts, unless the head of contracting activ- than 12 months from the costs and schedule (c) CONTENTS.—The report required under ity determines in writing that— specified in the acquisition program baseline subsection (b) shall include— (1) a cost-type contract is required by the for a major acquisition program, the Under (1) with respect to contracts with the De- level of program risk; and Secretary for Management shall include in partment— (2) appropriate steps will be taken as soon the notification required under paragraph (1) (A) trends in the number of bid protests as practicable to reduce that risk so that fol- a written certification, with supporting ex- filed with Federal agencies, the Government low-on contracts for the same product or planation, that— Accountability Office, and Federal courts service can be awarded on a fixed-price basis, ‘‘(A) the program is essential to the accom- and the rate of those bid protests compared and delineates those steps in writing. plishment of the mission of the Department; to contract obligations and the number of (c) MAJOR ACQUISITION PROGRAMS.— ‘‘(B) there are no alternatives to the capa- contracts; (1) PROHIBITION.—The Department shall bility or asset provided by the program that (B) an analysis of bid protests filed by in- prohibit the use of cost-plus contracts with will provide equal or greater capability in a cumbent contractors, including the rate at respect to procurements for the production more cost-effective and timely manner; which those contractors are awarded bridge of major acquisition programs. ‘‘(C) the management structure for the contracts or contract extensions over the pe- (2) LIMITATION ON AUTHORIZING OF COST- program is adequate to manage and control riod during which the bid protest remains TYPE CONTRACTS.—The Chief Procurement cost, schedule, and performance; and unresolved; Officer of the Department, in consultation ‘‘(D) includes the date on which the new (C) a comparison of the number of bid pro- with the Acquisition Review Board required acquisition schedule and estimates for total tests and the outcome of bid protests for— to be established under section 836 of the acquisition cost will be completed.’’. (i) awards of contracts compared to awards Homeland Security Act of 2002, as added by (b) TECHNICAL AND CONFORMING AMEND- of task or delivery orders; section 1221(a), may authorize the use of a MENT.—The table of contents in section 1(b) (ii) contracts or orders primarily for prod- cost-type contract for a major acquisition of the Homeland Security Act of 2002 (Public ucts compared to contracts or orders pri- program only upon a written determination Law 107–296; 116 Stat. 2135), as amended by marily for services; that— section 1221, is amended by inserting after (iii) protests filed pre-award to challenge (A) the major acquisition program is so the item relating to section 836 the fol- the solicitation compared to those filed post- complex and technically challenging that it lowing: award; is not practicable to use a contract type ‘‘Sec. 837. Congressional notification and (iv) contracts or awards with single other than a cost-plus reimbursable contract other requirements for major protestors compared to multiple protestors; for the development of the major acquisition acquisition program breach.’’. and program; SEC. 1232. MULTIYEAR ACQUISITION STRATEGY. (v) contracts with single awards compared (B) all reasonable efforts have been made (a) IN GENERAL.—Subtitle D of title VIII of to multiple award contracts; to define the requirements sufficiently to the Homeland Security Act of 2002 (6 U.S.C. (D) a description of trends in the number of allow for the use of a contract type other 391 et seq.), as amended by section 1231, is bid protests filed as a percentage of con- than a cost-plus reimbursable contract for amended by adding at the end the following: tracts and as a percentage of task or delivery the development of the major acquisition ‘‘SEC. 838. MULTIYEAR ACQUISITION STRATEGY. orders by the value of the contract or order program; and ‘‘(a) IN GENERAL.—Not later than 1 year with respect to— (C) despite the efforts described in subpara- after the date of enactment of this section, (i) contracts valued at more than graph (B), the Department cannot define re- the Under Secretary for Management shall $300,000,000; quirements sufficiently to allow for the use brief the appropriate congressional commit- (ii) contracts valued at not less than of a contract type other than a cost-plus re- tees on a multiyear acquisition strategy to— $50,000,000 and not more than $300,000,000; imbursable contract for the development of ‘‘(1) guide the overall direction of the ac- (iii) contracts valued at not less than the major acquisition program. quisitions of the Department while allowing $10,000,000 and not more than $50,000,000; and SEC. 1235. BRIDGE CONTRACTS. flexibility to deal with ever-changing threats (iv) contracts valued at less than (a) DEFINITIONS.—In this section— and risks; $10,000,000; (1) the terms ‘‘acquisition program’’ and ‘‘(2) keep pace with changes in technology (E) an assessment of the cost and schedule ‘‘congressional homeland security commit- that could impact deliverables; and impact of successful and unsuccessful bid tees’’ have the meanings given those terms ‘‘(3) help industry better understand, plan, protests, as well as delineation of litigation in section 2 of the Homeland Security Act of and align resources to meet the future acqui- costs, filed on major acquisitions with more 2002, as amended by this Act; sition needs of the Department. than $100,000,000 in annual expenditures or (2) the term ‘‘Department’’ means the De- ‘‘(b) UPDATES.—The strategy required $300,000,000 in life cycle costs; partment of Homeland Security; and under subsection (a) shall be updated and in- (F) an analysis of how often bid protestors (3) the term ‘‘Executive agency’’ has the cluded in each Future Years Homeland Secu- are awarded the contract that was the sub- meaning given the term in section 105 of rity Program required under section 874. ject of the bid protest; title 5, United States Code. ‘‘(c) CONSULTATION.—In developing the (G) a summary of the results of bid pro- (b) POLICIES AND PROCEDURES.—The Chief strategy required under subsection (a), the tests in which the Department took unilat- Procurement Officer of the Department shall Secretary shall, as the Secretary determines eral corrective action, including the average develop, in consultation with the Office of appropriate, consult with headquarters, com- time for remedial action to be completed; Federal Procurement Policy—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3798 CONGRESSIONAL RECORD — SENATE June 12, 2018 (1) a common definition of a bridge con- 391 et seq.), as amended by section 1232, is ‘‘(1) A description of guiding principles and tract; and amended by adding at the end the following: purposes of the Department’s intelligence (2) policies and procedures for the Depart- ‘‘SEC. 839. ACQUISITION POLICIES AND GUID- enterprise. ment that, to the greatest extent prac- ANCE. ‘‘(2) A summary of the roles and respon- ticable, seek to— ‘‘(a) PROGRAM ACCOUNTABILITY REPORT.— sibilities, if any, of each intelligence compo- (A) minimize the use of bridge contracts The Under Secretary for Management shall nent of the Department and programs of the while providing for continuation of services prepare and submit to the congressional intelligence components of the Department to be performed through contracts; and homeland security committees a semi-an- in the processing, analysis, production, and (B) ensure appropriate planning by con- nual program accountability report to meet dissemination of homeland security informa- tracting officials. the mandate of the Department to perform tion and terrorism information, including (c) REQUIRED ELEMENTS.—The policies and program health assessments and improve relevant authorities and restrictions applica- procedures developed under subsection (b) program execution and governance. ble to each intelligence component of the shall include the following elements: ‘‘(b) LEVEL 3 ACQUISITION PROGRAMS OF Department and programs of each such intel- (1) Sufficient time and planning to review COMPONENTS OF THE DEPARTMENT.— ligence component. contract requirements, compete contracts as ‘‘(1) IDENTIFICATION.—Not later than 60 ‘‘(3) Guidance for the processing, analysis, appropriate, enter into contracts, and con- days after the date of enactment of this sec- and production of such information, includ- sider the possibility of bid protests. tion, component heads of the Department ing descriptions of component or program (2) For contracts that do not meet timeli- shall identify to the Under Secretary for specific datasets that facilitate the proc- ness standards or that require entering into Management all level 3 acquisition programs essing, analysis, and production. bridge contracts, contracting officials shall of each respective component. ‘‘(4) Guidance for the dissemination of such notify the Chief Procurement Officer of the ‘‘(2) CERTIFICATION.—Not later than 30 days information, including within the Depart- Department and the head of the component after receipt of the information under para- ment, among and between Federal depart- agency of the Department. graph (1), the Under Secretary for Manage- ments and agencies, among and between (3) The Chief Procurement Officer of the ment shall certify in writing to the congres- State, local, tribal, and territorial govern- Department shall approve any bridge con- sional homeland security committees wheth- ments, including law enforcement agencies, tract that lasts longer than 6 months, and er the heads of the components of the De- and with foreign partners and the private the head of the component agency of the De- partment have properly identified the pro- sector. partment shall approve any bridge contract grams described in that paragraph. ‘‘(5) A statement of intent regarding how that lasts longer than 1 year. ‘‘(3) METHODOLOGY.—To carry out this sub- the dissemination of homeland security in- section, the Under Secretary shall establish (d) PUBLIC NOTICE.—The Chief Procure- formation and terrorism information to the ment Officer of the Department shall provide a process with a repeatable methodology to intelligence community (as such term is de- public notice not later than 30 days after en- continually identify level 3 acquisition pro- fined in section 3(4) of the National Security tering into a bridge contract, which shall in- grams. Act of 1947 (50 U.S.C. 3003(4))) and Federal ‘‘(c) POLICIES AND GUIDANCE.— clude the notice required under subsection law enforcement agencies should assist the ‘‘(1) SUBMISSION.—Not later than 180 days (c)(2) to the extent that information is avail- intelligence community and Federal law en- after the date of enactment of this section, able. forcement agencies in carrying out their re- the Component Acquisition Executives shall (e) EXCEPTIONS.—The policies and proce- spective missions. submit to the Under Secretary for Manage- dures developed under subsection (b) shall ‘‘(6) A statement of intent regarding how ment the policies and relevant guidance for not apply to— the dissemination of homeland security in- the level 3 acquisition programs of each com- (1) service contracts in support of contin- formation and terrorism information to ponent. gency operations, humanitarian assistance, State, local, tribal, and territorial govern- ‘‘(2) CERTIFICATION.—Not later than 90 days or disaster relief; ment agencies, including law enforcement after receipt of the policies and guidance (2) service contracts in support of national agencies, should assist the agencies in car- under subparagraph (A), the Under Secretary security emergencies declared with respect rying out their respective missions. shall certify in writing to the congressional to named operations; or ‘‘(c) FORM.—The guidance required under homeland security committees that the poli- (3) service contracts entered into pursuant subsection (a) shall be disseminated in un- cies and guidance of each component adhere to international agreements. classified form, but may include a classified to Department-wide acquisition policies.’’. (f) REPORTS.—Not later than September 30, annex. (b) TECHNICAL AND CONFORMING AMEND- 2020, and by September 30 of each subsequent ‘‘(d) ANNUAL REVIEW.—For each of the 5 fis- MENT.—The table of contents in section 1(b) year thereafter until 2025, the Chief Procure- of the Homeland Security Act of 2002 (Public cal years beginning with the first fiscal year ment Officer of the Department shall submit Law 107–296; 116 Stat. 2135), as amended by that begins after the date of the enactment to the congressional homeland security com- section 1232, is amended by inserting after of this section, the Secretary shall conduct a mittees and make publicly available on the the item relating to section 838 the fol- review of the guidance required under sub- website of the Department a report on the lowing: section (a) and, as appropriate, revise such guidance.’’. use of bridge contracts for all acquisition ‘‘Sec. 839. Acquisition policies and guid- (b) CLERICAL AMENDMENT.—The table of programs, which shall include— ance.’’. (1) a common definition for a bridge con- contents in section 1(b) of the Homeland Se- tract, if in existence, that is used by con- TITLE III—INTELLIGENCE AND curity Act of 2002 (Public Law 107–296; 116 tracting offices of Executive agencies; INFORMATION SHARING Stat. 2135), as amended by section 1601(i) of (2) the total number of bridge contracts en- Subtitle A—Department of Homeland this Act, is amended by inserting after the tered into during the previous fiscal year; Security Intelligence Enterprise item relating to section 210E the following (3) the estimated value of each contract SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE. new item: that required the use of a bridge contract (a) IN GENERAL.—Subtitle A of title II of ‘‘Sec. 210F. Homeland intelligence doc- and the cost of each such bridge contract; the Homeland Security Act of 2002 (6 U.S.C. trine.’’. 121 et seq.), as amended by section 1601(g) of (4) the reasons for and cost of each bridge SEC. 1302. PERSONNEL FOR THE CHIEF INTEL- contract; this Act, is amended by adding at the end LIGENCE OFFICER. (5) the types of services or goods being ac- the following new section: Section 201(e)(1) of the Homeland Security quired under each bridge contract; ‘‘SEC. 210F. HOMELAND INTELLIGENCE DOC- Act of 2002 (6 U.S.C. 121(e)(1)) is amended by (6) the length of the initial contract that TRINE. adding at the end the following: ‘‘The Sec- ‘‘(a) IN GENERAL.—Not later than 180 days required the use of a bridge contract, includ- retary shall also provide the Chief Intel- after the date of the enactment of this sec- ing the base and any exercised option years, ligence Officer with a staff having appro- tion, the Secretary, acting through the Chief and the cumulative length of any bridge con- priate component intelligence program ex- Intelligence Officer of the Department, in co- tract or contracts related to the initial con- pertise and experience to assist the Chief In- ordination with intelligence components of tract; telligence Officer.’’. (7) a description of how many of the con- the Department, the Office of the General Counsel, the Privacy Office, and the Office SEC. 1303. ANNUAL HOMELAND TERRORIST tracts that required bridge contracts were for Civil Rights and Civil Liberties, shall de- THREAT ASSESSMENTS. the result of bid protests; velop and disseminate written Department- (a) IN GENERAL.—Subtitle A of title II of (8) a description of existing statutory, reg- wide guidance for the processing, analysis, the Homeland Security Act of 2002 (6 U.S.C. ulatory, or agency guidance that the Depart- production, and dissemination of homeland 121 et seq.), as amended by this Act, is fur- ment followed to execute each bridge con- security information (as such term is defined ther amended by adding at the end the fol- tract; and in section 892) and terrorism information (as lowing new sections: (9) any other matters determined to be rel- such term is defined in section 1016 of the In- ‘‘SEC. 210G. HOMELAND TERRORIST THREAT AS- evant by the Chief Procurement Officer of telligence Reform and Terrorism Prevention SESSMENTS. the Department. Act of 2004 (6 U.S.C. 485)). ‘‘(a) IN GENERAL.—Not later than 180 days SEC. 1236. ACQUISITION REPORTS. ‘‘(b) CONTENTS.—The guidance required after the date of the enactment of this sec- (a) IN GENERAL.—Subtitle D of title VIII of under subsection (a) shall, at a minimum, in- tion and for each of the following 5 fiscal the Homeland Security Act of 2002 (6 U.S.C. clude the following: years (beginning in the first fiscal year that

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3799 begins after the date of the enactment of ‘‘(2) A description of the efforts of the De- curity Act of 2002 (Public Law 107–296; 116 this section), the Secretary, acting through partment to cooperate with and provide as- Stat. 2135), as amended by section 1301, is the Under Secretary for Intelligence and sistance to other Federal departments and amended by inserting after the item relating Analysis, and using departmental informa- agencies. to section 210F the following: tion, including component information co- ‘‘(3) Qualitative and quantitative metrics ‘‘Sec. 210G. Homeland terrorist threat as- ordinated with each intelligence component for evaluating the success of the programs sessments. of the Department and programs of each and policies described in paragraph (1) and ‘‘Sec. 210H. Report on terrorism prevention such intelligence component, and informa- the steps taken to evaluate the success of activities of the Department.’’. tion provided through State and major urban those programs and policies. (d) SUNSET.—Effective on the date that is 5 area fusion centers, shall conduct an assess- ‘‘(4) An accounting of— years after the date of enactment of this ment of the terrorist threat to the home- ‘‘(A) grants and cooperative agreements Act— land. awarded by the Department to counter vio- (1) section 210H of the Homeland Security ‘‘(b) CONTENTS.—Each assessment under lent extremism; and subsection (a) shall include the following: Act of 2002, as added by subsection (a), is re- ‘‘(B) all training specifically aimed at pealed; and ‘‘(1) Empirical data assessing terrorist ac- countering violent extremism sponsored by tivities and incidents over time in the (2) the table of contents in section 1(b) of the Department. the Homeland Security Act of 2002 (Public United States, including terrorist activities ‘‘(5) In coordination with the Under Sec- and incidents planned or supported by for- Law 107–296; 116 Stat. 2135) is amended by retary for Intelligence and Analysis, an anal- striking the item relating to section 210H. eign or domestic terrorists or persons out- ysis of how the activities of the Department side of the United States to occur in the to counter violent extremism correspond and SEC. 1304. DEPARTMENT OF HOMELAND SECU- RITY DATA FRAMEWORK. homeland. adapt to the threat environment. (a) IN GENERAL.— ‘‘(2) An evaluation of current terrorist tac- ‘‘(6) A summary of how civil rights and (1) DEVELOPMENT.—The Secretary of Home- tics, as well as ongoing and possible future civil liberties are protected in the activities land Security shall develop a data frame- changes in terrorist tactics. of the Department to counter violent extre- work to integrate existing Department of ‘‘(3) An assessment of criminal activity en- mism. Homeland Security datasets and systems, as countered or observed by officers or employ- ‘‘(7) An evaluation of the use of grants and appropriate, for access by authorized per- ees of components which is suspected of fi- cooperative agreements awarded under sec- sonnel in a manner consistent with relevant nancing terrorist activity. tions 2003 and 2004 to support efforts of local legal authorities and privacy, civil rights, ‘‘(4) Detailed information on all individ- communities in the United States to counter and civil liberties policies and protections. uals suspected of involvement in terrorist violent extremism, including information on (2) REQUIREMENTS.—In developing the activity and subsequently— the effectiveness of those grants and cooper- framework required under paragraph (1), the ‘‘(A) prosecuted for a Federal criminal of- ative agreements in countering violent ex- Secretary of Homeland Security shall en- fense, including details of the criminal tremism. sure, in accordance with all applicable statu- charges involved; ‘‘(8) A description of how the Department tory and regulatory requirements, the fol- ‘‘(B) placed into removal proceedings, in- incorporated lessons learned from the coun- lowing information is included: cluding details of the removal processes and tering violent extremism programs and poli- (A) All information acquired, held, or ob- charges used; cies and similar activities of foreign, State, tained by an office or component of the De- ‘‘(C) denied entry into the United States, local, tribal, and territorial governments and including details of the denial processes partment of Homeland Security that falls stakeholder communities. used; or within the scope of the information sharing ‘‘(9) A description of the decision process ‘‘(D) subjected to civil proceedings for rev- environment, including homeland security used by the Department to rename or refocus ocation of naturalization. information, terrorism information, weapons the entities within the Department that are ‘‘(5) The efficacy and reach of foreign and of mass destruction information, and na- focused on the issues described in this sub- domestic terrorist organization propaganda, tional intelligence. section, including a description of the threat messaging, or recruitment, including details (B) Any information or intelligence rel- basis for that decision. of any specific propaganda, messaging, or re- ‘‘(b) ANNUAL REVIEW.—Not later than 1 evant to priority mission needs and capa- cruitment that contributed to terrorist ac- year after the date of enactment of this sec- bility requirements of the homeland security tivities identified pursuant to paragraph (1). tion, and annually thereafter, the Office for enterprise, as determined appropriate by the ‘‘(6) An assessment of threats, including Civil Rights and Civil Liberties of the De- Secretary. cyber threats, to the homeland, including to partment shall— (b) DATA FRAMEWORK ACCESS.— critical infrastructure and Federal civilian ‘‘(1) conduct a review of the countering (1) IN GENERAL.—The Secretary of Home- networks. violent extremism and similar activities of land Security shall ensure that the data ‘‘(7) An assessment of current and poten- the Department to ensure that all such ac- framework required under this section is ac- tial terrorism and criminal threats posed by tivities of the Department respect the pri- cessible to employees of the Department of individuals and organized groups seeking to vacy, civil rights, and civil liberties of all Homeland Security who the Secretary deter- unlawfully enter the United States. persons; and mines— ‘‘(8) An assessment of threats to the trans- ‘‘(2) make publicly available on the website (A) have an appropriate security clearance; portation sector, including surface and avia- of the Department a report containing the (B) are assigned to perform a function that tion transportation systems. results of the review conducted under para- requires access to information in such ‘‘(c) ADDITIONAL INFORMATION.—The assess- framework; and ments required under subsection (a)— graph (1).’’. (b) CONFORMING AMENDMENTS.—The Home- (C) are trained in applicable standards for ‘‘(1) shall, to the extent practicable, utilize land Security Act of 2002 (6 U.S.C. 101 et seq.) safeguarding and using such information. existing component data collected and exist- is amended— (2) GUIDANCE.—The Secretary of Homeland ing component threat assessments; and (1) in section 201(d) (6 U.S.C. 121(d)), by Security shall— ‘‘(2) may incorporate relevant information adding at the end the following: (A) issue guidance for Department of and analysis from other agencies of the Fed- ‘‘(27) To carry out section 210G (relating to Homeland Security employees authorized to eral Government, agencies of State and local homeland terrorist threat assessments) and access and contribute to the data framework governments (including law enforcement section 210H (relating to terrorism preven- pursuant to paragraph (1); and agencies), as well as the private sector, dis- (B) ensure that such guidance enforces a seminated in accordance with standard infor- tion activities).’’; and duty to share between offices and compo- mation sharing procedures and policies. (2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))— nents of the Department when accessing or ‘‘(d) FORM.—The assessments required (A) in subparagraph (A), by striking ‘‘or’’ under subsection (a) shall be shared with the at the end; contributing to such framework for mission appropriate congressional committees and (B) in subparagraph (B), by striking the pe- needs. submitted in unclassified form, but may in- riod at the end and inserting ‘‘; or’’; and (3) EFFICIENCY.—The Secretary of Home- clude separate classified annexes, if appro- (C) by adding at the end the following: land Security shall promulgate data stand- priate. ‘‘(C) to support any organization or group ards and instruct components of the Depart- ‘‘SEC. 210H. REPORT ON TERRORISM PREVEN- which has knowingly or recklessly funded ment of Homeland Security to make avail- TION ACTIVITIES OF THE DEPART- domestic terrorism or international ter- able information through the data frame- MENT. rorism (as those terms are defined in section work required under this section in a ma- ‘‘(a) ANNUAL REPORT.—Not later than 1 2331 of title 18, United States Code) or orga- chine-readable standard format, to the great- year after the date of enactment of this sec- nization or group known to engage in or re- est extent practicable. tion, and annually thereafter, the Secretary cruit to such activities, as determined by the (c) EXCLUSION OF INFORMATION.—The Sec- shall submit to Congress an annual report Secretary in consultation with the Adminis- retary of Homeland Security may exclude in- that shall include the following: trator, the Under Secretary for Intelligence formation from the data framework if the ‘‘(1) A description of the status of the pro- and Analysis, and the heads of other appro- Secretary determines inclusion of such infor- grams and policies of the Department for priate Federal departments and agencies.’’. mation may— countering violent extremism and similar (c) CLERICAL AMENDMENT.—The table of (1) jeopardize the protection of sources, activities in the United States. contents in section 1(b) of the Homeland Se- methods, or activities;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3800 CONGRESSIONAL RECORD — SENATE June 12, 2018 (2) compromise a criminal or national se- ‘‘SEC. 104. INSIDER THREAT PROGRAM. ‘‘(G) consult with the Under Secretary for curity investigation; ‘‘(a) ESTABLISHMENT.—The Secretary shall Science and Technology and other appro- (3) be inconsistent with other Federal laws establish an Insider Threat Program within priate stakeholders to ensure the Insider or regulations; or the Department, which shall— Threat Program is informed, on an ongoing (4) be duplicative or not serve an oper- ‘‘(1) provide training and education for em- basis, by current information regarding ational purpose if included in such frame- ployees of the Department to identify, pre- threats, best practices, and available tech- work. vent, mitigate, and respond to insider threat nology; and (d) SAFEGUARDS.—The Secretary of Home- risks to the Department’s critical assets; ‘‘(H) develop, collect, and report metrics on land Security shall incorporate into the data ‘‘(2) provide investigative support regard- the effectiveness of the Department’s insider framework required under this section sys- ing potential insider threats that may pose a threat mitigation efforts. tems capabilities for auditing and ensuring risk to the Department’s critical assets; and ‘‘(c) PRESERVATION OF MERIT SYSTEM the security of information included in such ‘‘(3) conduct risk mitigation activities for RIGHTS.— framework. Such capabilities shall include insider threats. ‘‘(1) IN GENERAL.—The Steering Committee shall not seek to, and the authorities pro- the following: ‘‘(b) STEERING COMMITTEE.— vided under this section shall not be used to, (1) Mechanisms for identifying insider ‘‘(1) IN GENERAL.— deter, detect, or mitigate disclosures of in- threats. ‘‘(A) ESTABLISHMENT.—The Secretary shall formation by Government employees or con- (2) Mechanisms for identifying security establish a Steering Committee within the risks. tractors that are lawful under and protected Department. by section 17(d)(5) of the Central Intelligence (3) Safeguards for privacy, civil rights, and ‘‘(B) MEMBERSHIP.—The membership of the civil liberties. Agency Act of 1949 (50 U.S.C. 3517(d)(5)) (com- Steering Committee shall be as follows: monly known as the ‘Intelligence Commu- (e) DEADLINE FOR IMPLEMENTATION.—Not ‘‘(i) The Under Secretary for Management later than 2 years after the date of the enact- nity Whistleblower Protection Act of 1998’), and the Under Secretary for Intelligence and chapter 12 or 23 of title 5, United States ment of this Act, the Secretary of Homeland Analysis shall serve as the Co-Chairpersons Security shall ensure the data framework re- Code, the Inspector General Act of 1978 (5 of the Steering Committee. U.S.C. App.), or any other whistleblower quired under this section has the ability to ‘‘(ii) The Chief Security Officer, as the des- statute, regulation, or policy. include the information described in sub- ignated Senior Insider Threat Official, shall ‘‘(2) IMPLEMENTATION.— section (a). serve as the Vice Chairperson of the Steering ‘‘(A) IN GENERAL.—Any activity carried out (f) NOTICE TO CONGRESS.— Committee. under this section shall be subject to section (1) STATUS UPDATES.—The Secretary of ‘‘(iii) The other members of the Steering 115 of the Whistleblower Protection En- Homeland Security shall submit to the ap- Committee shall be comprised of representa- hancement Act of 2012 (5 U.S.C. 2302 note). propriate congressional committees regular tives of— ‘‘(B) REQUIRED STATEMENT.—Any activity updates on the status of the data framework ‘‘(I) the Office of Intelligence and Analysis; to implement or enforce any insider threat until such framework is fully operational. ‘‘(II) the Office of the Chief Information Of- activity or authority under this section or (2) OPERATIONAL NOTIFICATION.—Not later ficer; Executive Order 13587 (50 U.S.C. 3161 note) than 60 days after the date on which the data ‘‘(III) the Office of the General Counsel; shall include the statement required by sec- framework required under this section is ‘‘(IV) the Office for Civil Rights and Civil tion 115 of the Whistleblower Protection En- fully operational, the Secretary of Homeland Liberties; hancement Act of 2012 (5 U.S.C. 2302 note) Security shall provide notice to the appro- ‘‘(V) the Privacy Office; that preserves rights under whistleblower priate congressional committees that the ‘‘(VI) the Office of the Chief Human Cap- laws and section 7211 of title 5, United States data framework is fully operational. ital Officer; Code, protecting communications with Con- (3) VALUE ADDED.—The Secretary of Home- ‘‘(VII) the Office of the Chief Financial Of- gress. land Security shall include in each assess- ficer; ‘‘(d) DEFINITIONS.—In this section: ment required under section 210G(a) of the ‘‘(VIII) the Federal Protective Service; ‘‘(1) CRITICAL ASSETS.—The term ‘critical Homeland Security Act of 2002, as added by ‘‘(IX) the Office of the Chief Procurement assets’ means the resources, including per- this Act, if applicable, a description of the Officer; sonnel, facilities, information, equipment, use of the data framework required under ‘‘(X) the Science and Technology Direc- networks, or systems necessary for the De- this section to support operations that dis- torate; and partment to fulfill its mission. rupt terrorist activities and incidents in the ‘‘(XI) other components or offices of the ‘‘(2) EMPLOYEE.—The term ‘employee’ has homeland. Department as appropriate. the meaning given the term in section 2105 of (g) DEFINITIONS.—In this section: ‘‘(C) MEETINGS.—The members of the title 5, United States Code. (1) APPROPRIATE CONGRESSIONAL COM- Steering Committee shall meet on a regular ‘‘(3) INSIDER.—The term ‘insider’ means— MITTEE.—The term ‘‘appropriate congres- basis to discuss cases and issues related to ‘‘(A) any person who has or had authorized sional committee’’— insider threats to the Department’s critical access to Department facilities, information, (A) has the meaning given the term in sec- assets, in accordance with subsection (a). equipment, networks, or systems and is em- tion 2 of the Homeland Security Act of 2002 ‘‘(2) RESPONSIBILITIES.—Not later than 1 ployed by, detailed to, or assigned to the De- (6 U.S.C. 101); and year after the date of the enactment of this partment, including members of the Armed (B) includes the Select Committee on In- section, the Under Secretary for Manage- Forces, experts or consultants to the Depart- telligence of the Senate and the Permanent ment, the Under Secretary for Intelligence ment, industrial or commercial contractors, Select Committee on Intelligence of the and Analysis, and the Chief Security Officer, licensees, certificate holders, or grantees of House of Representatives. in coordination with the Steering Com- the Department, including all subcontrac- (2) HOMELAND.—The term ‘‘homeland’’ has mittee, shall— tors, personal services contractors, or any the meaning given the term in section 2 of ‘‘(A) develop a holistic strategy for Depart- other category of person who acts for or on the Homeland Security Act of 2002 (6 U.S.C. ment-wide efforts to identify, prevent, miti- behalf of the Department, as determined by 101). gate, and respond to insider threats to the the Secretary; or (3) HOMELAND SECURITY INFORMATION.—The Department’s critical assets; ‘‘(B) State, local, tribal, territorial, and term ‘‘homeland security information’’ has ‘‘(B) develop a plan to implement the in- private sector personnel who possess secu- the meaning given such term in section 892 sider threat measures identified in the strat- rity clearances granted by the Department. of the Homeland Security Act of 2002 (6 egy developed under subparagraph (A) across ‘‘(4) INSIDER THREAT.—The term ‘insider U.S.C. 482). the components and offices of the Depart- threat’ means the threat that an insider will (4) INSIDER THREAT.—The term ‘‘insider ment; use his or her authorized access, wittingly or threat’’ has the meaning given such term in ‘‘(C) document insider threat policies and unwittingly, to do harm to the security of section 104 of the Homeland Security Act of controls; the United States, including damage to the 2002, as added by section 1305. ‘‘(D) conduct a baseline risk assessment of United States through espionage, terrorism, (5) NATIONAL INTELLIGENCE.—The term ‘‘na- insider threats posed to the Department’s the unauthorized disclosure of classified na- tional intelligence’’ has the meaning given critical assets; tional security information, or through the such term in section 3(5) of the National Se- ‘‘(E) examine programmatic and tech- loss or degradation of departmental re- curity Act of 1947 (50 U.S.C. 3003(5)). nology best practices adopted by the Federal sources or capabilities. (6) TERRORISM INFORMATION.—The term Government, industry, and research institu- ‘‘(5) STEERING COMMITTEE.—The term ‘‘terrorism information’’ has the meaning tions to implement solutions that are vali- ‘Steering Committee’ means the Steering given such term in section 1016 of the Intel- dated and cost-effective; Committee established under subsection ligence Reform and Terrorism Prevention ‘‘(F) develop a timeline for deploying (b)(1)(A).’’. Act of 2004 (6 U.S.C. 485). workplace monitoring technologies, em- (b) REPORT.— SEC. 1305. ESTABLISHMENT OF INSIDER THREAT ployee awareness campaigns, and education (1) IN GENERAL.—Not later than 2 years PROGRAM. and training programs related to identifying, after the date of the enactment of this Act, (a) IN GENERAL.—Title I of the Homeland preventing, mitigating, and responding to and once every 2 years thereafter for the fol- Security Act of 2002 (6 U.S.C. 111 et seq.) is potential insider threats to the Depart- lowing 4-year period, the Secretary of Home- amended by adding at the end the following: ment’s critical assets; land Security shall submit to the Committee

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3801 on Homeland Security and the Permanent agencies of the Federal Government as the ‘‘(1) be composed of senior representatives Select Committee on Intelligence of the Secretary considers appropriate, shall pro- of departmental operational components and House of Representatives and the Committee vide to the appropriate committees of Con- headquarters elements; and on Homeland Security and Governmental Af- gress a report on the applications and ‘‘(2) coordinate departmental intelligence fairs and the Select Committee on Intel- threats of blockchain technology. activities and policy and information related ligence of the Senate a report on— (c) ELEMENTS.—The report required under to the mission and functions of the Depart- (A) how the Department of Homeland Se- subsection (b) shall include— ment that counter threats. curity, including the components and offices (1) an assessment of potential offensive and ‘‘(b) CHARTER.—There shall be a charter to of the Department of Homeland Security, defensive cyber applications of blockchain govern the structure and mission of the have implemented the strategy developed technology and other distributed ledger Board, which shall— under section 104(b)(2)(A) of the Homeland technologies; ‘‘(1) direct the Board to focus on the cur- Security Act of 2002, as added by this Act; (2) an assessment of the actual and poten- rent threat environment and the importance (B) the status of the risk assessment of tial threat posed by individuals and state of aligning departmental activities to critical assets being conducted by the De- sponsors of terrorism using distributed ledg- counter threats under the guidance of the partment of Homeland Security; er-enabled currency and other emerging fi- Secretary; and (C) the types of insider threat training con- nancial technological capabilities to carry ‘‘(2) be reviewed and updated as appro- ducted; out activities in furtherance of an act of ter- priate. (D) the number of employees of the Depart- rorism, including the provision of material ‘‘(c) MEMBERS.— ment of Homeland Security who have re- support or resources to a foreign terrorist or- ‘‘(1) IN GENERAL.—The Board shall be com- ceived insider threat training; and ganization; posed of senior representatives of depart- (E) information on the effectiveness of the (3) an assessment of the use or planned use mental operational components and head- Insider Threat Program (established under of such technologies by the Federal Govern- quarters elements. section 104(a) of the Homeland Security Act ment and critical infrastructure networks; ‘‘(2) CHAIR.—The Under Secretary for Intel- of 2002, as added by this Act), based on and ligence and Analysis shall serve as the Chair metrics developed, collected, and reported (4) a threat assessment of efforts by foreign of the Board. pursuant to subsection (b)(2)(H) of such sec- powers, foreign terrorist organizations, and ‘‘(3) MEMBERS.—The Secretary shall ap- tion 104. criminal networks to utilize such tech- point additional members of the Board from (2) DEFINITIONS.—In this subsection, the nologies and related threats to the home- among the following: terms ‘‘critical assets’’, ‘‘insider’’, and ‘‘in- land, including an assessment of the ‘‘(A) The Transportation Security Admin- sider threat’’ have the meanings given the vulnerabilities of critical infrastructure net- istration. terms in section 104 of the Homeland Secu- works to related cyberattacks. ‘‘(B) U.S. Customs and Border Protection. rity Act of 2002 (as added by this Act). (d) FORM OF REPORT.—The report required ‘‘(C) U.S. Immigration and Customs En- (c) CLERICAL AMENDMENT.—The table of under subsection (b) shall be provided in un- forcement. contents in section 1(b) of the Homeland Se- classified form, but may include a classified ‘‘(D) The Federal Emergency Management curity Act of 2002 (Public Law 107–296; 116 supplement. Agency. Stat. 2135) is amended by inserting after the (e) DISTRIBUTION.—Consistent with the pro- ‘‘(E) The Coast Guard. item relating to section 103 the following: tection of classified and confidential unclas- ‘‘(F) U. S. Citizenship and Immigration sified information, the Under Secretary for ‘‘Sec. 104. Insider Threat Program.’’. Services. Intelligence and Analysis shall share the ‘‘(G) The United States Secret Service. SEC. 1306. REPORT ON APPLICATIONS AND threat assessment developed under this sec- ‘‘(H) The Cybersecurity and Infrastructure THREATS OF BLOCKCHAIN TECH- tion with State, local, and tribal law en- NOLOGY. Security Agency. forcement officials, including officials that (a) DEFINITIONS.—In this section: ‘‘(I) The Office of Operations Coordination. operate within fusion centers in the National (1) APPROPRIATE COMMITTEES OF CON- ‘‘(J) The Office of the General Counsel. Network of Fusion Centers. GRESS.—In this section, the term ‘‘appro- ‘‘(K) The Office of Intelligence and Anal- priate committees of Congress’’ means— SEC. 1307. TRANSNATIONAL CRIMINAL ORGANI- ysis. ZATIONS THREAT ASSESSMENT. (A) the Committee on Armed Services, the ‘‘(L) The Office of Strategy, Policy, and (a) IN GENERAL.—Not later than 90 days Select Committee on Intelligence, the Com- Plans. after the date of the enactment of this Act, ‘‘(M) The Science and Technology Direc- mittee on Banking, Housing, and Urban Af- the Under Secretary for Intelligence and fairs, and the Committee on Homeland Secu- torate. Analysis shall, in coordination with appro- ‘‘(N) The Office for State and Local Law rity and Governmental Affairs of the Senate; priate Federal partners, develop and dissemi- and Enforcement. nate a threat assessment on whether ‘‘(O) The Privacy Office. (B) the Committee on Armed Services, the transnational criminal organizations are ex- Permanent Select Committee on Intel- ‘‘(P) The Office for Civil Rights and Civil ploiting United States border security Liberties. ligence, the Committee on Financial Serv- vulnerabilities in border security screening ices, and the Committee on Homeland Secu- ‘‘(Q) Other departmental offices and pro- programs to gain access to the United States grams as determined appropriate by the Sec- rity of the House of Representatives. and threaten the United States or border se- (2) FOREIGN TERRORIST ORGANIZATION.—The retary. curity. ‘‘(d) MEETINGS.—The Board shall— term ‘‘foreign terrorist organization’’ means ECOMMENDATIONS.—Upon completion (b) R ‘‘(1) meet on a regular basis to discuss in- an organization designated as a foreign ter- of the threat assessment required under sub- telligence and coordinate ongoing threat rorist organization under section 219 of the section (a), the Secretary of Homeland Secu- mitigation efforts and departmental activi- Immigration and Nationality Act (8 U.S.C. rity shall make a determination if any ties, including coordination with other Fed- 1189). changes are required to address security eral, State, local, tribal, territorial, and pri- (3) SECRETARY.—The term ‘‘Secretary’’ vulnerabilities identified in such assessment. vate sector partners; and means the Secretary of Homeland Security. (c) DISTRIBUTION.—Consistent with the pro- ‘‘(2) make recommendations to the Sec- (4) STATE SPONSOR OF TERRORISM.—The tection of classified and confidential unclas- retary. term ‘‘state sponsor of terrorism’’ means a sified information, the Under Secretary for ‘‘(e) TERRORISM ALERTS.—The Board shall country the government of which the Sec- Intelligence and Analysis shall share the advise the Secretary on the issuance of ter- retary of State has determined to be a gov- threat assessment developed under this sec- rorism alerts under section 203. ernment that has repeatedly provided sup- tion with State, local, and tribal law en- ‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.— port for acts of international terrorism for forcement officials, including officials that No additional funds are authorized to carry purposes of— operate within fusion centers in the National out this section.’’. (A) section 6(j)(1)(A) of the Export Admin- Network of Fusion Centers. (b) TECHNICAL AND CONFORMING AMEND- istration Act of 1979 (50 U.S.C. 4605(j)(1)(A)) SEC. 1308. DEPARTMENT OF HOMELAND SECU- MENT.—The table of contents in section 1(b) (as continued in effect pursuant to the Inter- RITY COUNTER THREATS ADVISORY national Emergency Economic Powers Act BOARD. of the Homeland Security Act of 2002 (Public (50 U.S.C. 1701 et seq.)); (a) IN GENERAL.—Subtitle A of title II of Law 107–296; 116 Stat. 2135), as amended by (B) section 620A(a) of the Foreign Assist- the Homeland Security Act of 2002 (6 U.S.C. section 1303, is amended by inserting after ance Act of 1961 (22 U.S.C. 2371(a)); 121 et seq.), as amended by this Act, is the item relating to section 210H the fol- (C) section 40(d) of the Arms Export Con- amended by adding at the end the following: lowing: trol Act (22 U.S.C. 2780(d)); or ‘‘SEC. 210I. DEPARTMENTAL COORDINATION ON ‘‘Sec. 210I. Departmental coordination to (D) any other provision of law. COUNTER THREATS. counter threats.’’. (b) REPORT REQUIRED.—Not later than 180 ‘‘(a) ESTABLISHMENT.—There is authorized (c) REPORT.—Not later than 90 days after days after the date of enactment of this Act, in the Department, for a period of 2 years be- the date of enactment of this Act, the Sec- the Secretary, in consultation with the Sec- ginning after the date of enactment of this retary of Homeland Security, acting through retary of the Treasury, the Attorney Gen- section, a Counter Threats Advisory Board the Chair of the Counter Threats Advisory eral, the Director of National Intelligence, (in this section referred to as the ‘Board’) Board established under section 210I of the and the heads of such other departments and which shall— Homeland Security Act of 2002, as added by

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Federal departments and agencies to provide ‘‘(12) track all Federal funding provided to (d) NOTICE.—The Department of Homeland operational, analytic, and reporting intel- each fusion center on an individualized basis Security shall provide written notification ligence advice and assistance to the National as well as by funding source; to and brief the Committee on Homeland Se- Network of Fusion Centers and to align ‘‘(13) ensure that none of the departmental curity and Governmental Affairs and the Se- homeland security intelligence activities information or data provided or otherwise lect Committee on Intelligence of the Senate with other field based intelligence activities; made available to fusion center personnel is and the Committee on Homeland Security ‘‘(2) support the integration of fusion cen- improperly disseminated, accessed for unau- and the Permanent Select Committee on In- ters into the information sharing environ- thorized purposes, or otherwise used in a telligence of the House of Representatives on ment, including by— manner inconsistent with Department guid- any changes to or introductions of new ‘‘(A) providing for the effective dissemina- ance; and mechanisms to coordinate threats across the tion of information within the scope of the ‘‘(14) carry out such other duties as the Department. information sharing environment to the Na- Secretary determines appropriate.’’; SEC. 1309. BRIEFING ON PHARMACEUTICAL- tional Network of Fusion Centers; (4) in subsection (c)— BASED AGENT THREATS. ‘‘(B) conducting outreach to such fusion (A) in the heading, by striking ‘‘PERSONNEL (a) BRIEFING REQUIRED.—Not later than 120 centers to identify any gaps in information ASSIGNMENT’’ and inserting ‘‘RESOURCE AL- days after the date of enactment of this Act, sharing; LOCATION’’; the Assistant Secretary for the Countering ‘‘(C) consulting with other Federal agen- (B) by striking paragraphs (1) and (2) and Weapons of Mass Destruction Office, in con- cies to develop methods to— inserting the following: sultation with other departments and agen- ‘‘(i) address any such gaps identified under ‘‘(1) INFORMATION SHARING AND PERSONNEL cies of the Federal Government as the As- subparagraph (B), as appropriate; and ASSIGNMENT.— sistant Secretary considers appropriate, ‘‘(ii) deploy or access such databases and ‘‘(A) INFORMATION SHARING.—The Under shall brief the appropriate congressional datasets, as appropriate; and Secretary for Intelligence and Analysis shall committees on threats related to pharma- ‘‘(D) review information that is gathered ensure that, as appropriate— ceutical-based agents. The briefing shall in- by the National Network of Fusion Centers ‘‘(i) fusion centers in the National Network corporate, and the Assistant Secretary shall to identify that which is within the scope of of Fusion Centers have access to homeland update as necessary, any related Terrorism the information sharing environment, in- security information sharing systems; and Risk Assessments or Material Threat Assess- cluding homeland security information (as ‘‘(ii) Department personnel are deployed to ments related to the threat. defined in section 892), terrorism informa- support fusion centers in the National Net- (b) ELEMENTS.—The briefing under sub- tion, and weapons of mass destruction infor- section (a) shall include— work of Fusion Centers in a manner con- mation and incorporate such information, as sistent with the mission of the Department. (1) an assessment of threats from individ- appropriate, into the Department’s own such ‘‘(B) PERSONNEL ASSIGNMENT.—Department uals or organizations using pharmaceutical- information; based agents to carry out activities in fur- personnel referred to in subparagraph (A)(ii) ‘‘(3) facilitate close communication and co- may include the following: therance of any act of terrorism; ordination between the National Network of (2) an assessment of materiel and non-ma- ‘‘(i) Intelligence officers. Fusion Centers and the Department and ‘‘(ii) Intelligence analysts. teriel capabilities within the Federal Gov- other Federal departments and agencies; ‘‘(iii) Other liaisons from components and ernment to deter and manage the con- ‘‘(4) facilitate information sharing and ex- offices of the Department, as appropriate. sequences of such an attack; and pertise from the national cybersecurity and ‘‘(C) MEMORANDA OF UNDERSTANDING.—The (3) a strategy to address any identified ca- communications integration center under Under Secretary for Intelligence and Anal- pability gaps to deter and manage the con- section 2209 to the National Network of Fu- ysis shall negotiate memoranda of under- sequences of any act of terrorism using phar- sion Centers; standing between the Department and a maceutical-based agents. ‘‘(5) coordinate the provision of training State or local government, in coordination (c) FORM OF BRIEFING.—The briefing under and technical assistance, including training with the appropriate representatives from subsection (a) may be provided in classified on the use of Federal databases and datasets fusion centers in the National Network of form. described in paragraph (2), to the National Fusion Centers, regarding the exchange of (d) DEFINITIONS.—In this section: Network of Fusion Centers and encourage (1) APPROPRIATE CONGRESSIONAL COM- participating fusion centers to take part in information between the Department and MITTEE.—The term ‘‘appropriate congres- terrorism threat-related exercises conducted such fusion centers. Such memoranda shall sional committee’’ has the meaning given by the Department; include the following: that term under section 2 of the Homeland ‘‘(6) ensure the dissemination of cyber ‘‘(i) The categories of information to be Security Act of 2002 (6 U.S.C. 101). threat indicators and information about cy- provided by each entity to the other entity (2) PHARMACEUTICAL-BASED AGENT.—The bersecurity risks and incidents to the na- that are parties to any such memoranda. term ‘‘pharmaceutical-based agent’’ means a tional Network of Fusion Centers; ‘‘(ii) The contemplated uses of the ex- chemical, including fentanyl, carfentanil, ‘‘(7) ensure that each fusion center in the changed information that is the subject of and related analogues, which affects the cen- National Network of Fusion Centers has a any such memoranda. tral nervous system and has the potential to privacy policy approved by the Chief Privacy ‘‘(iii) The procedures for developing joint be used as a chemical weapon. Officer of the Department and a civil rights products. Subtitle B—Stakeholder Information Sharing and civil liberties policy approved by the Of- ‘‘(iv) The information sharing dispute reso- lution processes. SEC. 1311. DEPARTMENT OF HOMELAND SECU- ficer for Civil Rights and Civil Liberties of RITY FUSION CENTER PARTNERSHIP the Department; ‘‘(v) Any protections necessary to ensure INITIATIVE. ‘‘(8) develop and disseminate best practices the exchange of information accords with ap- (a) IN GENERAL.—Section 210A of the on the appropriate levels for staffing at fu- plicable law and policies. Homeland Security Act of 2002 (6 U.S.C. 124h) sion centers in the National Network of Fu- ‘‘(2) SOURCES OF SUPPORT.—Information is amended— sion Centers of qualified representatives shared and personnel assigned pursuant to (1) by amending the section heading to from State, local, tribal, and territorial law paragraph (1) may be shared or provided, as read as follows: enforcement, fire, emergency medical, and the case may be, by the following Depart- ‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECU- emergency management services, and public ment components and offices, in coordina- RITY FUSION CENTER PARTNERSHIP health disciplines, as well as the private sec- tion with the respective component or office INITIATIVE.’’; tor; head and in consultation with the principal (2) in subsection (a), by adding at the end ‘‘(9) to the maximum extent practicable, officials of fusion centers in the National the following: ‘‘Beginning on the date of en- provide guidance, training, and technical as- Network of Fusion Centers: actment of the Department of Homeland Se- sistance to ensure fusion centers operate in ‘‘(A) The Office of Intelligence and Anal- curity Authorization Act, such Initiative accordance with and in a manner that pro- ysis. shall be known as the ‘Department of Home- tects privacy, civil rights, and civil liberties ‘‘(B) Cybersecurity and Infrastructure Se- land Security Fusion Center Partnership Ini- afforded by the Constitution of the United curity Agency. tiative’.’’; States; ‘‘(C) The Transportation Security Adminis- (3) by amending subsection (b) to read as ‘‘(10) to the maximum extent practicable, tration. follows: provide guidance, training, and technical as- ‘‘(D) U.S. Customs and Border Protection. ‘‘(b) INTERAGENCY SUPPORT AND COORDINA- sistance to ensure fusion centers are appro- ‘‘(E) U.S. Immigration and Customs En- TION.—Through the Department of Homeland priately aligned with and able to meaning- forcement. Security Fusion Center Partnership Initia- fully support Federal homeland security, na- ‘‘(F) The Coast Guard.

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‘‘(G) The national cybersecurity and com- (b) REPORT.—Not later than 1 year after (C) Information on Federal resources, in munications integration center under sec- the date of the enactment of this Act and an- addition to personnel, provided to each fu- tion 2209. nually thereafter through 2024, the Under sion center. ‘‘(H) Other components or offices of the De- Secretary for Intelligence and Analysis of (D) An assessment of fusion centers located partment, as determined by the Secretary.’’; the Department of Homeland Security shall in jurisdictions along land and maritime bor- (C) in paragraph (3)— report to the Committee on Homeland Secu- ders of the United States, and the degree to (i) in the heading, by striking ‘‘QUALIFYING rity and the Permanent Select Committee on which deploying personnel, as appropriate, CRITERIA’’ and inserting ‘‘RESOURCE ALLOCA- Intelligence of the House of Representatives from U.S. Customs and Border Protection, TION CRITERIA’’; and and the Committee on Homeland Security U.S. Immigration and Customs Enforcement, (ii) by striking subparagraph (A) and in- and Governmental Affairs and the Select and the Coast Guard to such fusion centers serting the following: Committee on Intelligence of the Senate on would enhance the integrity and security at ‘‘(A) IN GENERAL.—The Secretary shall the value of fusion center intelligence prod- such borders by helping Federal, State, local, make available criteria for sharing informa- ucts and the expenditure of authorized funds tribal, and territorial law enforcement au- tion and deploying personnel to support a fu- for the support and coordination of the Na- thorities to identify, investigate, and inter- sion center in the National Network of Fu- tional Network of Fusion Centers as speci- dict persons, weapons, and related contra- sion Centers in a manner consistent with the fied in section 210A of the Homeland Secu- band that pose a threat to homeland secu- Department’s mission and existing statutory rity Act of 2002 (6 U.S.C. 124h), as amended rity. limits.’’; and by subsection (a). (b) DEFINITIONS.—In this section, the terms (D) in paragraph (4)(B), in the matter pre- (c) REPORT ON FEDERAL DATABASES.—Not ‘‘fusion center’’ and ‘‘National Network of ceding clause (i), by inserting ‘‘in which such later than 180 days after the date of enact- Fusion Centers’’ have the meanings given fusion center is located’’ after ‘‘region’’; ment of this Act, the Comptroller General of those terms in section 210A(j) of the Home- (5) in subsection (d)— the United States shall submit a report to land Security Act of 2002 (6 U.S.C. 124h(j)), as (A) in paragraph (3), by striking ‘‘and’’ at Congress on the Federal databases and amended by this Act. the end; datasets that address any gaps identified SEC. 1313. STRATEGY FOR FUSION CENTERS SUP- (B) by redesignating paragraph (4) as para- pursuant to section 210A(b)(2)(B) of the PORTING COUNTERNARCOTICS INI- Homeland Security Act of 2002, as amended TIATIVES THROUGH INTELLIGENCE graph (5); INFORMATION SHARING AND ANAL- (C) by inserting after paragraph (3) the fol- by subsection (a), including databases and YSIS. lowing: datasets used, operated, or managed by De- Not later than 180 days after the date of ‘‘(4) assist, in coordination with the na- partment components, the Department of enactment of this Act, the Under Secretary tional cybersecurity and communications in- Justice, including the Federal Bureau of In- for Intelligence and Analysis shall submit to tegration center under section 2209, fusion vestigation and the Drug Enforcement Ad- Congress a strategy for how the National centers in using information relating to cy- ministration, and the Department of the Network of Fusion Centers (as defined in sec- bersecurity risks to develop a comprehensive Treasury, that are appropriate, in accord- tion 210A(j) of the Homeland Security Act of and accurate threat picture;’’; ance with Federal laws and policies, for in- 2002 (6 U.S.C. 124h(j)), as amended by this (D) in paragraph (5), as so redesignated— clusion in the information sharing environ- Act) will support law enforcement counter- (i) by striking ‘‘government’’ and inserting ment. narcotics activities and investigations ‘‘governments’’; and (d) TECHNICAL AND CONFORMING AMEND- through intelligence information sharing (ii) by striking the period at the end and MENTS.— and analysis, including providing guidelines inserting ‘‘; and’’; and (1) Section 2103(c)(1) of the Homeland Secu- and best practices to fusion center leadership (E) by adding at the end the following: rity Act of 2002 (6 U.S.C. 623(c)(1)) is amended and personnel. ‘‘(6) use Department information, includ- by striking ‘‘210A(j)(1)’’ and inserting SEC. 1314. PROGRAM FOR STATE AND LOCAL AN- ing information held by components and of- ‘‘210A(j)’’. ALYST CLEARANCES. fices, to develop analysis focused on the mis- (2) The table of contents in section 1(b) of (a) SENSE OF CONGRESS.—It is the sense of sion of the Department under section the Homeland Security Act of 2002 (Public Congress that any program established by 101(b).’’; Law 107–296; 116 Stat. 2135) is amended by the Under Secretary for Intelligence and (6) in subsection (e)— striking the item relating to section 210A Analysis of the Department of Homeland Se- (A) by amending paragraph (1) to read as and inserting the following: curity to provide eligibility for access to in- follows: ‘‘Sec. 210A. Department of Homeland Secu- formation classified as Top Secret for State, ‘‘(1) IN GENERAL.—To the greatest extent rity Fusion Center Partnership local, tribal, and territorial analysts located practicable, the Secretary shall make it a Initiative.’’. in fusion centers shall be consistent with the priority to allocate resources, including de- need to know requirements pursuant to Ex- partmental component personnel with rel- (e) REFERENCE.—Any reference in any law, rule, or regulation to the Department of ecutive Order No. 13526 (50 U.S.C. 3161 note). evant expertise, to support the efforts of fu- (b) REPORT.—Not later than 2 years after Homeland Security State, Local, and Re- sion centers along land or maritime borders the date of the enactment of this Act, the gional Fusion Center Initiative shall be of the United States to facilitate law en- Under Secretary for Intelligence and Anal- deemed to be a reference to the Department forcement agency identification, investiga- ysis of the Department of Homeland Secu- of Homeland Security Fusion Center Part- tion, and interdiction of persons, weapons, rity, in consultation with the Director of Na- nership Initiative. and related contraband that pose a threat to tional Intelligence, shall submit to the Com- homeland security.’’; and SEC. 1312. FUSION CENTER PERSONNEL NEEDS mittee on Homeland Security and the Per- (B) in paragraph (2), in the matter pre- ASSESSMENT. manent Select Committee on Intelligence of ceding subparagraph (A), by striking ‘‘par- (a) ASSESSMENT.— the House of Representatives and the Com- ticipating State, local, and regional fusion (1) IN GENERAL.—Not later than 240 days mittee on Homeland Security and Govern- centers’’ and inserting ‘‘fusion centers in the after the date of the enactment of this Act, mental Affairs and the Select Committee on National Network of Fusion Centers’’; the Comptroller General of the United States Intelligence of the Senate a report on the (7) in subsection (j)— shall conduct an assessment of Department following: (A) by redesignating paragraph (5) as para- of Homeland Security personnel assigned to (1) The process by which the Under Sec- graph (7); fusion centers pursuant to section 210A(c) of retary for Intelligence and Analysis deter- (B) by redesignating paragraphs (1) the Homeland Security Act of 2002 (6 U.S.C. mines a need to know pursuant to Executive through (4) as paragraphs (2) through (5), re- 124h(c)), as amended by this Act, including Order No. 13526 (50 U.S.C. 3161 note) to spon- spectively; an assessment of whether deploying addi- sor Top Secret clearances for appropriate (C) by inserting before paragraph (2) the tional Department personnel to such fusion State, local, tribal, and territorial analysts following: centers would enhance the Department’s located in fusion centers. ‘‘(1) the term ‘cybersecurity risk’ has the mission under section 101(b) of such Act (6 (2) The effects of such Top Secret clear- meaning given such term in section 2209;’’. U.S.C. 111(b)) and the National Network of ances on enhancing information sharing with (D) in paragraph (5), as so redesignated, by Fusion Centers. State, local, tribal, and territorial partners. striking ‘‘and’’ at the end; and (2) CONTENTS.—The assessment required (3) The cost for providing such Top Secret (E) by inserting after such paragraph (5) under this subsection shall include the fol- clearances for State, local, tribal, and terri- the following new paragraph: lowing: torial analysts located in fusion centers, in- ‘‘(6) the term ‘National Network of Fusion (A) Information on the current deployment cluding training and background investiga- Centers’ means a decentralized arrangement of the Department’s personnel to each fusion tions. of fusion centers intended to enhance indi- center. (4) The operational security protocols, vidual State and urban area fusion centers’ (B) Information on the roles and respon- training, management, and risks associated ability to leverage the capabilities and ex- sibilities of the Department’s Office of Intel- with providing such Top Secret clearances pertise of all fusion centers for the purpose ligence and Analysis intelligence officers, in- for State, local, tribal, and territorial ana- of enhancing analysis and homeland security telligence analysts, senior reports officers, lysts located in fusion centers. information sharing nationally; and’’; and reports officers, and regional directors de- (c) DEFINITION.—In this section, the term (8) by striking subsection (k). ployed to fusion centers. ‘‘fusion center’’ has the meaning given the

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3804 CONGRESSIONAL RECORD — SENATE June 12, 2018 term in section 210A(j) of the Homeland Se- other relevant law enforcement entities, re- SEC. 1319. ANNUAL CATALOG ON DEPARTMENT curity Act of 2002 (6 U.S.C. 124h(j)), as lease information from a Federal correc- OF HOMELAND SECURITY TRAINING, amended by this Act. tional facility, including the name, charging PUBLICATIONS, PROGRAMS, AND SERVICES FOR STATE, LOCAL, TRIB- SEC. 1315. INFORMATION TECHNOLOGY ASSESS- date, and expected place and date of release, AL, AND TERRITORIAL LAW EN- MENT. of certain individuals who may pose a ter- FORCEMENT AGENCIES. (a) IN GENERAL.—The Under Secretary for rorist threat. Section 2006(b)(4) of the Homeland Security Intelligence and Analysis of the Department (b) SCOPE.—The information shared under Act of 2002 (6 U.S.C. 607(b)(4)) is amended— of Homeland Security, in collaboration with subsection (a) shall be— (1) in subparagraph (E), by striking ‘‘and’’ the Chief Information Officer of the Depart- (1) for homeland security purposes; and at the end; ment of Homeland Security and representa- (2) regarding individuals convicted of a (2) in subparagraph (F), by striking the pe- tives from the National Network of Fusion Federal crime of terrorism (as defined in sec- riod and inserting a semicolon; and Centers, shall conduct an assessment of in- tion 2332b of title 18, United States Code). (3) by adding at the end the following new formation systems used to share homeland subparagraphs: (c) PERIODIC THREAT ASSESSMENTS.—Con- security information between the Depart- ‘‘(G) produce an annual catalog that sum- sistent with the protection of classified in- ment of Homeland Security and fusion cen- marizes opportunities for training, publica- formation and controlled unclassified infor- ters in the National Network of Fusion Cen- tions, programs, and services available to mation, the Secretary of Homeland Security ters and make upgrades to such systems, as State, local, tribal, and territorial law en- appropriate. Such assessment shall include shall coordinate with appropriate Federal of- forcement agencies from the Department the following: ficials to provide the National Network of and from each component and office within (1) An evaluation of the security, accessi- Fusion Centers described in subsection (a) the Department and, not later than 30 days bility, and ease of use of such systems by fu- with periodic assessments regarding the after the date of such production, dissemi- sion centers in the National Network of Fu- overall threat from known or suspected ter- nate the catalog, including by— sion Centers. rorists currently incarcerated in a Federal ‘‘(i) making such catalog available to (2) A review to determine how to establish correctional facility, including the assessed State, local, tribal, and territorial law en- improved interoperability of departmental risks of such populations engaging in ter- forcement agencies, including by posting the information systems with existing informa- rorist activity upon release. catalog on the website of the Department tion systems used by fusion centers in the (d) PRIVACY PROTECTIONS.—Prior to imple- and cooperating with national organizations National Network of Fusion Centers. menting subsection (a), the Secretary of that represent such agencies; (3) An evaluation of participation levels of Homeland Security shall receive input and ‘‘(ii) making such catalog available departmental components and offices of in- advice from the Officer for Civil Rights and through the Homeland Security Information formation systems used to share homeland Civil Liberties, the Officer for Privacy and Network; and security information with fusion centers in the Chief Intelligence Officer of the Depart- ‘‘(iii) submitting such catalog to the Com- the National Network of Fusion Centers. ment of Homeland Security. mittee on Homeland Security of the House of (b) DEFINITIONS.—In this section— Representatives and the Committee on (e) RULE OF CONSTRUCTION.—Nothing in (1) the terms ‘‘fusion center’’ and ‘‘Na- Homeland Security and Governmental Af- this section may be construed as requiring tional Network of Fusion Centers’’ have the fairs of the Senate; and meanings given those terms in section the establishment of a list or registry of in- ‘‘(H) in coordination with appropriate com- 210A(j) of the Homeland Security Act of 2002 dividuals convicted of terrorism. ponents and offices of the Department and (6 U.S.C. 124h(j)), as amended by this Act; (f) DEFINITION.—In this section, the term other Federal agencies, develop, maintain, (2) the term ‘‘homeland security informa- ‘‘fusion center’’ has the meaning given the and make available information on Federal tion’’ has the meaning given the term in sec- term in section 210A(j) of the Homeland Se- resources intended to support fusion center tion 892 of the Homeland Security Act of 2002 curity Act of 2002 (6 U.S.C. 124h(j)), as access to Federal information and re- (6 U.S.C. 482); and amended by this Act. sources.’’. (3) the term ‘‘information systems’’ has SEC. 1320. CHEMICAL, BIOLOGICAL, RADIO- SEC. 1318. ANNUAL REPORT ON OFFICE FOR the meaning given the term in section 3502 of LOGICAL, AND NUCLEAR INTEL- STATE AND LOCAL LAW ENFORCE- title 44, United States Code. LIGENCE AND INFORMATION SHAR- MENT. SEC. 1316. DEPARTMENT OF HOMELAND SECU- ING. RITY CLASSIFIED FACILITY INVEN- Section 2006(b) of the Homeland Security (a) IN GENERAL.—Subtitle A of title II of TORY. Act of 2002 (6 U.S.C. 607(b)) is amended— the Homeland Security Act of 2002 (6 U.S.C. (a) IN GENERAL.—The Secretary of Home- (1) by redesignating paragraph (5) as para- 121 et seq.), as amended by subtitle A of this land Security shall, to the extent prac- graph (6); and Act, is amended by adding at the end the fol- ticable— (2) by inserting after paragraph (4) the fol- lowing: (1) maintain an inventory of those Depart- lowing new paragraph: ‘‘SEC. 210J. CHEMICAL, BIOLOGICAL, RADIO- ment of Homeland Security facilities that ‘‘(5) REPORT.—For each of fiscal years 2019 LOGICAL, AND NUCLEAR INTEL- the Department certifies to house classified through 2023, the Assistant Secretary for LIGENCE AND INFORMATION SHAR- infrastructure or systems at the Secret level State and Local Law Enforcement shall sub- ING. and above; mit to the Committee on Homeland Security ‘‘(a) IN GENERAL.—The Office of Intel- (2) update such inventory on a regular of the House of Representatives and the ligence and Analysis of the Department basis; and Committee on Homeland Security and Gov- shall— (3) share part or all of such inventory with ernmental Affairs of the Senate a report on ‘‘(1) support homeland security-focused in- personnel as determined appropriate by the the activities of the Office for State and telligence analysis of terrorist actors, their Secretary of Homeland Security. Local Law Enforcement. Each such report claims, and their plans to conduct attacks (b) INVENTORY.—The inventory of facilities shall include, for the fiscal year covered by involving chemical, biological, radiological, described in subsection (a) may include— the report, a description of each of the fol- or nuclear materials against the United (1) the location of such facilities; lowing: States; (2) the attributes and capabilities of such ‘‘(A) Efforts to coordinate and share infor- ‘‘(2) support homeland security-focused in- facilities (including the clearance level of mation regarding Department and compo- telligence analysis of global infectious dis- the facility, the square footage of, the total nent agency programs with State, local, and ease, public health, food, agricultural, and capacity of, the number of workstations in, tribal law enforcement agencies. veterinary issues; document storage, and the number of con- ‘‘(B) Efforts to improve information shar- ‘‘(3) support homeland security-focused ference rooms in, such facilities); ing through the Homeland Security Informa- risk analysis and risk assessments of the (3) the entities that operate such facilities; tion Network by appropriate component homeland security hazards described in para- and agencies of the Department and by State, graphs (1) and (2), including the transpor- (4) the date of establishment of such facili- local, and tribal law enforcement agencies. tation of chemical, biological, nuclear, and ties. ‘‘(C) The status of performance metrics radiological materials, by providing relevant SEC. 1317. TERROR INMATE INFORMATION SHAR- within the Office for State and Local Law quantitative and nonquantitative threat in- ING. Enforcement to evaluate the effectiveness of formation; (a) IN GENERAL.—The Secretary of Home- efforts to carry out responsibilities set forth ‘‘(4) leverage existing and emerging home- land Security, in coordination with the At- within this subsection. land security intelligence capabilities and torney General and in consultation with ‘‘(D) Any feedback from State, local, and structures to enhance prevention, protec- other appropriate Federal officials, shall, as tribal law enforcement agencies about the tion, response, and recovery efforts with re- appropriate, share with the National Net- Office for State and Local Law Enforcement, spect to a chemical, biological, radiological, work of Fusion Centers through the Depart- including the mechanisms utilized to collect or nuclear attack; ment of Homeland Security Fusion Center such feedback. ‘‘(5) share information and provide tailored Partnership Initiative under section 210A of ‘‘(E) Efforts to carry out all other respon- analytical support on these threats to State, the Homeland Security Act of 2002 (6 U.S.C. sibilities of the Office for State and Local local, and tribal authorities, other Federal 124h), as amended by this Act, as well as Law Enforcement.’’. agencies, and relevant national biosecurity

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3805 and biodefense stakeholders, as appropriate; Committee on Intelligence of the Senate; (2) the United States Postal Service; and and (3) express consignment operators; ‘‘(6) perform other responsibilities, as as- (C) any other committee of the House of (4) peer-to-peer payment platforms; and signed by the Secretary. Representatives or the Senate having legis- (5) other appropriate stakeholders. ‘‘(b) COORDINATION.—Where appropriate, lative jurisdiction under the rules of the SEC. 1323. CONSTITUTIONAL LIMITATIONS. the Office of Intelligence and Analysis shall House of Representatives or Senate, respec- All intelligence gathering and information coordinate with other relevant Department tively, over the matter concerned. sharing activities conducted by the Depart- components, including the Countering Weap- (d) DISSEMINATION OF INFORMATION ANA- ment of Homeland Security under this title ons of Mass Destruction Office, the National LYZED BY THE DEPARTMENT TO STATE, LOCAL, or an amendment made by this title shall be Biosurveillance Integration Center, other TRIBAL, AND PRIVATE ENTITIES WITH RESPON- carried out in accordance with the rights and agencies within the intelligence community, SIBILITIES RELATING TO HOMELAND SECU- protections afforded by the Constitution of including the National Counter Proliferation RITY.—Section 201(d)(8) of the Homeland Se- the United States. Center, and other Federal, State, local, and curity Act of 2002 (6 U.S.C. 121(d)(8)) is TITLE IV—EMERGENCY PREPAREDNESS, tribal authorities, including officials from amended by striking ‘‘and to agencies of RESPONSE, AND COMMUNICATIONS high-threat urban areas, State and major State’’ and all that follows through the pe- riod at the end and inserting ‘‘to State, Subtitle A—Grants, Training, Exercises, and urban area fusion centers, and local public Coordination health departments, as appropriate, and en- local, and tribal governments and private en- able such entities to provide recommenda- tities with such responsibilities, and, as ap- SEC. 1401. URBAN AREA SECURITY INITIATIVE. Section 2003 of the Homeland Security Act tions on optimal information sharing mecha- propriate, to the public, in order to assist in of 2002 (6 U.S.C. 604) is amended— nisms, including expeditious sharing of clas- preventing, deterring, or responding to acts (1) in subsection (b)(2)(A), in the matter sified information, and on how such entities of terrorism against the United States.’’. preceding clause (i), by inserting ‘‘, using the can provide information to the Department. SEC. 1321. DUTY TO REPORT. most up-to-date data available,’’ after ‘‘as- ‘‘(c) DEFINITIONS.—In this section: (a) DUTY IMPOSED.—Except as provided in sessment’’; ‘‘(1) FUSION CENTER.—The term ‘fusion cen- subsection (c), whenever an act of terrorism (2) in subsection (d)(2), by amending sub- ter’ has the meaning given the term in sec- occurs in the United States, it shall be the tion 210A. duty of the primary Government agency in- paragraph (B) to read as follows: ‘‘(B) FUNDS RETAINED.—To ensure trans- ‘‘(2) INTELLIGENCE COMMUNITY.—The term vestigating such act to submit, in collabora- parency and avoid duplication, a State shall ‘intelligence community’ has the meaning tion with the Secretary of Homeland Secu- provide each relevant high-risk urban area given such term in section 3(4) of the Na- rity, the Attorney General, the Director of with a detailed accounting of the items, tional Security Act of 1947 (50 U.S.C. 401a(4)). the Federal Bureau of Investigation, and, as services, or activities on which any funds re- ‘‘(3) NATIONAL BIOSECURITY AND BIODEFENSE appropriate, the Director of the National tained by the State under subparagraph (A) STAKEHOLDERS.—The term ‘national biosecu- Counterterrorism Center, an unclassified re- rity and biodefense stakeholders’ means offi- port (which may be accompanied by a classi- are to be expended. Such accounting shall be cials from Federal, State, local, and tribal fied annex) to Congress concerning such act provided not later than 90 days after the date authorities and individuals from the private not later than 1 year after the completion of on which such funds are retained.’’; and sector who are involved in efforts to prevent, the investigation. Reports required under (3) by striking subsection (e) and inserting protect against, respond to, and recover from this subsection may be combined into a the following new subsections: ‘‘(e) THREAT AND HAZARD IDENTIFICATION a biological attack or other phenomena that quarterly report to Congress. RISK ASSESSMENT AND CAPABILITY ASSESS- may have serious health consequences for (b) CONTENT OF REPORTS.—Each report MENT.—As a condition of receiving a grant the United States, including infectious dis- under this section shall include— under this section, each high-risk urban area ease outbreaks.’’. (1) a statement of the facts of the act of shall submit to the Administrator a threat (b) CLERICAL AMENDMENT.—The table of terrorism referred to in subsection (a), as and hazard identification and risk assess- contents in section 1(b) of the Homeland Se- known at the time of the report; ment and capability assessment— curity Act of 2002 (Public Law 107–296; 116 (2) an explanation of any gaps in national ‘‘(1) at such time and in such form as is re- Stat. 2135), as amended by subtitle A of this security that could be addressed to prevent quired by the Administrator; and title, is amended by inserting after the item future acts of terrorism; ‘‘(2) consistent with the Federal Emer- relating to section 210I the following: (3) any recommendations for additional measures that could be taken to improve gency Management Agency’s Comprehensive ‘‘Sec. 210J. Chemical, biological, radio- homeland security, including potential Preparedness Guide 201, Second Edition, or logical, and nuclear intel- changes in law enforcement practices or such successor document or guidance as is ligence and information shar- changes in law, with particular attention to issued by the Administrator. ing.’’. changes that could help prevent future acts ‘‘(f) PERIOD OF PERFORMANCE.—The Admin- (c) REPORT.— of terrorism; and istrator shall make funds provided under (1) IN GENERAL.—Not later than 1 year after (4) a summary of the report for public dis- this section available for use by a recipient the date of enactment of this Act and annu- tribution. of a grant for a period of not less than 36 ally thereafter, the Secretary of Homeland (c) EXCEPTION.—The duty established under months.’’. Security shall report to the appropriate con- subsection (a) shall not apply in instances in SEC. 1402. STATE HOMELAND SECURITY GRANT gressional committees on— which the Secretary of Homeland Security, PROGRAM. (A) the intelligence and information shar- the Attorney General, the Director of the Section 2004 of the Homeland Security Act ing activities under section 210I of the Home- Federal Bureau of Investigation, or the head of 2002 (6 U.S.C. 605) is amended by striking land Security Act of 2002 (as added by sub- of the National Counterterrorism Center de- subsection (f) and inserting the following section (a) of this section) and of all relevant termines that the information required to be new subsections: entities within the Department of Homeland reported could jeopardize an ongoing inves- ‘‘(f) THREAT AND HAZARD IDENTIFICATION Security to counter the threat from attacks tigation or prosecution. In such instances, AND RISK ASSESSMENT AND CAPABILITY AS- using chemical, biological, radiological, or the principal making such determination SESSMENT.— nuclear materials; and shall notify Congress of such determination ‘‘(1) IN GENERAL.—As a condition of receiv- (B) the Department’s activities in accord- before the first anniversary of the comple- ing a grant under this section, each State ance with relevant intelligence strategies. tion of the investigation described in such shall submit to the Administrator a threat (2) ASSESSMENT OF IMPLEMENTATION.—The subsection. and hazard identification and risk assess- reports required under paragraph (1) shall in- (d) DEFINED TERM.—In this section, the ment and capability assessment— clude— term ‘‘act of terrorism’’ has the meaning ‘‘(A) at such time and in such form as is re- (A) an assessment of the progress of the Of- given the term in section 3077 of title 18, quired by the Administrator; and fice of Intelligence and Analysis of the De- United States Code. ‘‘(B) consistent with the Federal Emer- partment of Homeland Security in imple- SEC. 1322. STRATEGY FOR INFORMATION SHAR- gency Management Agency’s Comprehensive menting such section 210I; and ING REGARDING NARCOTICS TRAF- Preparedness Guide 201, Second Edition, or (B) a description of the methods estab- FICKING IN INTERNATIONAL MAIL. such successor document or guidance as is lished to carry out such assessment. Not later than 180 days after the date of issued by the Administrator. (3) TERMINATION.—This subsection shall enactment of this Act, the Secretary, in co- ‘‘(2) COLLABORATION.—In developing the terminate on the date that is 5 years after ordination with the Commissioner of U.S. threat and hazard identification and risk as- the date of enactment of this Act. Customs and Border Protection, and other sessment under paragraph (1), a State shall (4) DEFINITION.—In this subsection, the Federal agencies, as appropriate, shall sub- solicit input from local and tribal govern- term ‘‘appropriate congressional commit- mit to Congress a strategy to share counter- ments, including first responders, and, as ap- tees’’ means— narcotics information related to inter- propriate, nongovernmental and private sec- (A) the Committee on Homeland Security national mail, including information about tor stakeholders. and the Permanent Select Committee on In- best practices and known shippers of illegal ‘‘(3) FIRST RESPONDERS DEFINED.—In this telligence of the House of Representatives; narcotics, between— subsection, the term ‘first responders’— (B) the Committee on Homeland Security (1) Department of Homeland Security com- ‘‘(A) means an emergency response pro- and Governmental Affairs and the Select ponents; vider; and

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3806 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘(B) includes representatives of local gov- (2) in paragraph (2), by striking ‘‘target’’ ‘‘(D) The nature of the capability gap iden- ernmental and nongovernmental fire, law en- and inserting ‘‘core’’. tified by the applicant, and how such equip- forcement, emergency management, and SEC. 1406. ALLOWABLE USES. ment or systems will address such gap. emergency medical personnel. Section 2008 of the Homeland Security Act ‘‘(E) The degree to which such equipment ‘‘(g) PERIOD OF PERFORMANCE.—The Admin- of 2002 (6 U.S.C. 609) is amended— or systems will serve the needs of the appli- istrator shall make funds provided under (1) in subsection (a)— cant better than equipment or systems that this section available for use by a recipient (A) in the matter preceding paragraph (1), meet or exceed existing consensus standards. of a grant for a period of not less than 36 by striking ‘‘target’’ and inserting ‘‘core’’; ‘‘(F) Any other factor determined appro- months.’’. (B) in paragraph (5), by inserting before the priate by the Administrator.’’; and SEC. 1403. GRANTS TO DIRECTLY ELIGIBLE semicolon at the end the following: ‘‘, pro- (2) by adding at the end the following new TRIBES. vided such emergency communications align subsection: Section 2005 of the Homeland Security Act with the Statewide Communication Inter- ‘‘(g) REVIEW PROCESS.—The Administrator of 2002 (6 U.S.C. 606) is amended by— operability Plan and are coordinated with shall implement a uniform process for re- (1) redesignating subsections (h) through the Statewide Interoperability Coordinator viewing applications to use grants provided (k) as subsections (i) through (l), respec- or Statewide interoperability governance under section 2003 or 2004 to purchase equip- tively; and body of the State of the recipient’’; ment or systems not included on the Author- (2) inserting after subsection (g) the fol- (C) by striking paragraph (14); ized Equipment List maintained by the Ad- lowing new subsection: (D) by redesignating paragraphs (6) ministrator.’’. ‘‘(h) PERIOD OF PERFORMANCE.—The Sec- through (13) as paragraphs (8) through (15), (b) INSPECTOR GENERAL REPORT.—Not later retary shall make funds provided under this respectively; than 3 years after the date of enactment of section available for use by a recipient of a (E) by inserting after paragraph (5) the fol- this Act, the Inspector General of the De- grant for a period of not less than 36 lowing new paragraphs: partment of Homeland Security shall submit months.’’. ‘‘(6) enhancing medical preparedness, med- to the Committee on Homeland Security of SEC. 1404. LAW ENFORCEMENT TERRORISM PRE- ical surge capacity, and mass prophylaxis ca- the House of Representatives and the Com- VENTION. pabilities, including the development and mittee on Homeland Security and Govern- (a) LAW ENFORCEMENT TERRORISM PREVEN- maintenance of an initial pharmaceutical mental Affairs of the Senate a report assess- TION PROGRAM.—Section 2006(a) of the Home- stockpile, including medical kits and ing the implementation of the review process land Security Act of 2002 (6 U.S.C. 607(a)) is diagnostics sufficient to protect first re- established under paragraph (2) of subsection amended— sponders (as defined in section 2004(f)), their (f) of section 2008 of the Homeland Security (1) in paragraph (1)— families, immediate victims, and vulnerable Act of 2002 (as added by subsection (a) of this (A) by inserting ‘‘States and high-risk populations from a chemical or biological section), including information on the fol- urban areas expend’’ after ‘‘that’’; and event; lowing: (B) by striking ‘‘is used’’; ‘‘(7) enhancing cybersecurity, including (1) The number of requests to purchase (2) in paragraph (2), by amending subpara- preparing for and responding to cybersecu- equipment or systems that do not meet or graph (I) to read as follows: rity risks and incidents (as such terms are exceed any applicable national voluntary ‘‘(I) activities as determined appropriate defined in section 2209) and developing state- consensus standard evaluated under such re- by the Administrator, in coordination with wide cyber threat information analysis and view process. the Assistant Secretary for State and Local dissemination activities;’’; (2) The capability gaps identified by appli- Law Enforcement within the Office of Part- (F) in paragraph (8), as so redesignated, by cants and the number of such requests grant- nership and Engagement of the Department, striking ‘‘Homeland Security Advisory Sys- ed or denied. through outreach to relevant stakeholder or- tem’’ and inserting ‘‘National Terrorism Ad- (3) The processing time for the review of ganizations; and’’; and visory System’’; such requests. (3) by adding at the end the following new (G) in paragraph (14), as so redesignated— SEC. 1408. AUTHORITY FOR EXPLOSIVE ORD- paragraph: (i) by striking ‘‘3’’ and inserting ‘‘5’’; and NANCE DISPOSAL UNITS TO AC- ‘‘(4) ANNUAL REPORT.—The Administrator, (ii) by adding ‘‘and’’ at the end; and QUIRE NEW OR EMERGING TECH- in coordination with the Assistant Secretary (H) in paragraph (15), as so redesignated, NOLOGIES AND CAPABILITIES. for State and Local Law Enforcement, shall by striking ‘‘; and’’ and inserting a period; The Secretary of Homeland Security may report annually from fiscal year 2018 through (2) in subsection (b)— authorize an explosive ordnance disposal fiscal year 2022 on the use of grants under (A) in paragraph (3)(B), by striking unit to acquire new or emerging technologies sections 2003 and 2004 for law enforcement ‘‘(a)(10)’’ and inserting ‘‘(a)(12)’’; and and capabilities that are not specifically pro- terrorism prevention activities authorized (B) in paragraph (4)(B)(i), by striking ‘‘tar- vided for in the authorized equipment allow- under this section, including the percentage get’’ and inserting ‘‘core’’; and ance for the unit, as such allowance is set and dollar amount of funds used for such ac- (3) in subsection (c), by striking ‘‘target’’ forth in the Authorized Equipment List tivities and the types of projects funded.’’. and inserting ‘‘core’’. maintained by the Administrator of the Fed- (b) OFFICE FOR STATE AND LOCAL LAW EN- SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT. eral Emergency Management Agency. FORCEMENT.—Section 2006(b) of the Homeland (a) IN GENERAL.—Section 2008 of the Home- SEC. 1409. MEMORANDA OF UNDERSTANDING. Security Act of 2002 (6 U.S.C. 607(b)) is land Security Act of 2002 (6 U.S.C. 609) is (a) IN GENERAL.—Subtitle B of title XX of amended— amended— the Homeland Security Act of 2002 (6 U.S.C. (1) in paragraph (1), by striking ‘‘Policy Di- (1) in subsection (f)— 611 et seq.) is amended by adding at the end rectorate’’ and inserting ‘‘Office of Partner- (A) by striking ‘‘If an applicant’’ and in- the following new section: ship and Engagement’’; and serting the following: ‘‘SEC. 2024. MEMORANDA OF UNDERSTANDING (2) in paragraph (4)— ‘‘(1) APPLICATION REQUIREMENT.—If an ap- WITH DEPARTMENTAL COMPO- (A) in subparagraph (B), by inserting ‘‘, in- plicant’’; and NENTS AND OFFICES REGARDING cluding through consultation with such (B) by adding at the end the following: THE POLICY AND GUIDANCE. agencies regarding Department programs ‘‘(2) REVIEW PROCESS.—The Administrator ‘‘The Administrator shall enter into that may impact such agencies’’ before the shall implement a uniform process for re- memoranda of understanding with the heads semicolon at the end; and viewing applications that, in accordance of the following departmental components (B) in subparagraph (D), by striking ‘‘en- with paragraph (1), contain explanations for and offices delineating the roles and respon- sure’’ and inserting ‘‘verify’’. a proposal to use grants provided under sec- sibilities of such components and offices re- SEC. 1405. PRIORITIZATION. tion 2003 or 2004 to purchase equipment or garding the policy and guidance for grants Section 2007(a) of the Homeland Security systems that do not meet or exceed any ap- under section 1406 of the Implementing Rec- Act of 2002 (6 U.S.C. 608(a)) is amended— plicable national voluntary consensus stand- ommendations of the 9/11 Commission Act of (1) in paragraph (1)— ards developed under section 647 of the Post- 2007 (6 U.S.C. 1135), sections 2003 and 2004 of (A) by amending subparagraph (A) to read Katrina Emergency Management Reform Act this Act, and section 70107 of title 46, United as follows: of 2006 (6 U.S.C. 747). States Code, as appropriate: ‘‘(A) its population, including consider- ‘‘(3) FACTORS.—In carrying out the review ‘‘(1) The Commissioner of U.S. Customs ation of domestic and international tourists, process under paragraph (2), the Adminis- and Border Protection. commuters, and military populations, in- trator shall consider the following: ‘‘(2) The Administrator of the Transpor- cluding military populations residing in ‘‘(A) Current or past use of proposed equip- tation Security Administration. communities outside military installa- ment or systems by Federal agencies or the ‘‘(3) The Commandant of the Coast Guard. tions;’’; Armed Forces. ‘‘(4) The Under Secretary for Intelligence (B) in subparagraph (E), by inserting ‘‘, in- ‘‘(B) The absence of a national voluntary and Analysis. cluding threat information from other rel- consensus standard for such equipment or ‘‘(5) The Assistant Director for Emergency evant Federal agencies and field offices, as systems. Communications. appropriate’’ before the semicolon at the ‘‘(C) The existence of an international con- ‘‘(6) The Assistant Secretary for State and end; and sensus standard for such equipment or sys- Local Law Enforcement. (C) in subparagraph (I), by striking ‘‘tar- tems, and whether such equipment or sys- ‘‘(7) The Countering Violent Extremism get’’ and inserting ‘‘core’’; and tems meets such standard. Coordinator.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3807 ‘‘(8) The Officer for Civil Rights and Civil Committee on Homeland Security and Gov- SEC. 1416. CYBER PREPAREDNESS. Liberties. ernmental Affairs of the Senate a report (a) IN GENERAL.—Section 2209 of the Home- ‘‘(9) The Chief Medical Officer. evaluating the assessment conducted by the land Security Act of 2002, as so redesignated ‘‘(10) The heads of other components or of- Administrator of the Federal Emergency by section 1601(g), is amended— fices of the Department, as determined by Management Agency under subsection (a). (1) in subsection (c)— the Secretary.’’. SEC. 1411. GRANT MANAGEMENT BEST PRAC- (A) in paragraph (5)(B), by inserting ‘‘, in- (b) CLERICAL AMENDMENT.—The table of TICES. cluding the National Network of Fusion Cen- contents in section 1(b) of the Homeland Se- The Administrator of the Federal Emer- ters (as defined in section 210A), as appro- curity Act of 2002 (Public Law 107–296; 116 gency Management Agency shall include on priate’’ before the semicolon at the end; Stat. 2135) is amended by inserting after the the website of the Federal Emergency Man- (B) in paragraph (7), in the matter pre- item relating to section 2023 the following agement Agency the following: ceding subparagraph (A), by striking ‘‘infor- new item: (1) A summary of findings identified by the mation and recommendations’’ each place it ‘‘Sec. 2024. Memoranda of understanding Office of the Inspector General of the Depart- appears and inserting ‘‘information, rec- with departmental components ment of Homeland Security in audits of ommendations, and best practices’’; and and offices regarding the policy grants under sections 2003 and 2004 of the (C) in paragraph (9), by inserting ‘‘best and guidance.’’. Homeland Security Act of 2002 (6 U.S.C. 603, practices,’’ after ‘‘defensive measures,’’; and (2) in subsection (d)(1)(B)(ii), by inserting SEC. 1410. GRANTS METRICS. 604) and methods to address areas identified ‘‘and State, local, and regional fusion cen- (a) IN GENERAL.—To determine the extent for improvement, including opportunities for ters (as defined in section 201A), as appro- to which grants under sections 2003 and 2004 technical assistance. priate’’ before the semicolon at the end. of the Homeland Security Act of 2002 (6 (2) Innovative projects and best practices instituted by grant recipients. (b) SENSE OF CONGRESS.—It is the sense of U.S.C. 603, 604) have closed capability gaps Congress that to facilitate the timely dis- identified in State Preparedness Reports re- SEC. 1412. PROHIBITION ON CONSOLIDATION. semination to appropriate State, local, and quired under subsection (c) of section 652 of (a) IN GENERAL.—The Secretary of Home- private sector stakeholders of homeland se- the Post-Katrina Emergency Management land Security may not implement the Na- curity information related to cyber threats, Reform Act of 2006 (6 U.S.C. 752; title VI of tional Preparedness Grant Program or any the Secretary of Homeland Security should, the Department of Homeland Security Ap- successor consolidated grant program unless to the greatest extent practicable, work to propriations Act, 2007; Public Law 109–295) the Secretary receives prior authorization share actionable information in an unclassi- and Threat and Hazard Identification and from Congress permitting such implementa- fied form related to such threats. Risk Assessments required under subsections tion. SEC. 1417. OPERATION STONEGARDEN. (e) and (f) of such sections 2003 and 2004, re- (b) STUDY.—Not later than 1 year after the (a) IN GENERAL.—Subtitle A of title XX of spectively, as added by this Act, from each date of enactment of this Act, the Secretary the Homeland Security Act of 2002 (6 U.S.C. State and high-risk urban area, the Adminis- of Homeland Security shall conduct a study 601 et seq.) is amended by adding at the end trator of the Federal Emergency Manage- of consolidating preparedness grant pro- the following: ment Agency shall conduct and submit to grams to— ‘‘SEC. 2009. OPERATION STONEGARDEN. the Committee on Homeland Security and (1) determine if the consolidated grant pro- ‘‘(a) ESTABLISHMENT.—There is established the Committee on Transportation and Infra- gram would be more efficient, effective, and in the Department a program to be known as structure of the House of Representatives cost effective; and ‘Operation Stonegarden’. Under such pro- and the Committee on Homeland Security (2) assess whether the responsibility for gram, the Secretary, acting through the Ad- and Governmental Affairs of the Senate an managing the preparedness grant programs ministrator, shall make grants to eligible assessment of information provided in those should be relocated within the Department law enforcement agencies, through the State reports and assessments. of Homeland Security. Administrative Agency, to enhance border (b) ASSESSMENT REQUIREMENTS.—The as- SEC. 1413. MAINTENANCE OF GRANT INVEST- security in accordance with this section. sessment required under subsection (a) shall MENTS. ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible include— Section 2008 of the Homeland Security Act to receive a grant under this section, a law (1) a comparison of successive State Pre- of 2002 (6 U.S.C. 609), as amended by section enforcement agency shall— paredness Reports and Threat and Hazard 1407, is amended by adding at the end the fol- ‘‘(1) be located in— Identification and Risk Assessments that ag- lowing new subsection: ‘‘(A) a State bordering either Canada or gregates results across the States and high- ‘‘(h) MAINTENANCE OF EQUIPMENT.—Any ap- Mexico; or risk urban areas; and plicant for a grant under section 2003 or 2004 ‘‘(B) a State or territory with a maritime (2) an assessment of the value and useful- seeking to use funds to purchase equipment, border; and ness of State Preparedness Reports and including pursuant to paragraphs (3), (4), (5), ‘‘(2) be involved in an active, ongoing U.S. Threat and Hazard Identification and Risk or (12) of subsection (a) of this section, shall Customs and Border Protection operation co- Assessments, including— by the time of the receipt of such grant de- ordinated through a sector office. (A) the degree to which such reports and velop a plan for the maintenance of such ‘‘(c) PERMITTED USES.—The recipient of a assessments are data-driven and empirically equipment over its life-cycle that includes grant under this section may use such grant supported; information identifying which entity is re- for any of the following: (B) the degree to which such reports and sponsible for such maintenance.’’. ‘‘(1) Equipment, including maintenance assessments have informed grant award deci- and sustainment costs. SEC. 1414. TRANSIT SECURITY GRANT PROGRAM. sions by the Federal Emergency Manage- ‘‘(2) Personnel costs, including overtime Section 1406 of the Implementing Rec- ment Agency; and backfill, directly incurred in support of ommendations of the 9/11 Commission Act of (C) the degree to which grant award deci- enhanced border law enforcement activities. 2007 (6 U.S.C. 1135) is amended— sions by the Federal Emergency Manage- ‘‘(3) Any activity permitted for Operation (1) in subsection (b)(2)(A), by inserting ment Agency have demonstrably reduced the Stonegarden under the Department of Home- ‘‘and costs associated with filling the posi- risks identified in such reports and assess- land Security’s Fiscal Year 2016 Homeland tions of employees receiving training during ments; Security Grant Program Notice of Funding their absence’’ after ‘‘security training’’; and (D) the degree to which such reports and Opportunity. (2) by striking subsection (m) and inserting assessments align with Federal risk assess- ‘‘(4) Any other appropriate activity, as de- the following new subsections: ments, including counterterrorism risk as- termined by the Administrator, in consulta- ‘‘(m) PERIODS OF PERFORMANCE.—Funds sessments, and the degree to which grant tion with the Commissioner of U.S. Customs provided pursuant to a grant awarded under award decisions by the Federal Emergency and Border Protection. this section for a use specified in subsection Management Agency have reduced those fed- ‘‘(d) PERIOD OF PERFORMANCE.—The Sec- erally identified risks; (b) shall remain available for use by a grant retary shall make funds provided under this (E) the degree to which capability gaps recipient for a period of not fewer than 36 section available for use by a recipient of a identified in such reports and assessments months.’’. grant for a period of not less than 36 months. have been mitigated; and SEC. 1415. PORT SECURITY GRANT PROGRAM. ‘‘(e) COLLECTION OF INFORMATION.—For any (F) options for improving State Prepared- Section 70107 of title 46, United States fiscal year beginning on or after the date ness Reports and Threat and Hazard Identi- Code, is amended by— that is 30 days after the date of enactment of fication and Risk Assessments so that they (1) striking subsection (l); this section for which grants are made under better inform and align with grant award de- (2) redesignating subsection (m) as sub- Operation Stonegarden, the Administrator cisions by the Federal Emergency Manage- section (l); and shall separately collect and maintain finan- ment Agency. (3) by adding at the end the following new cial information with respect to grants (c) INSPECTOR GENERAL EVALUATION.—The subsections: awarded under Operation Stonegarden, Inspector General of the Department of ‘‘(m) PERIOD OF PERFORMANCE.—The Sec- which shall include— Homeland Security shall submit to the Com- retary shall make funds provided under this ‘‘(1) the amount of the awards; mittee on Homeland Security and the Com- section available for use by a recipient of a ‘‘(2) the amount obligated for the awards; mittee on Transportation and Infrastructure grant for a period of not less than 36 ‘‘(3) the amount of outlays under the of the House of Representatives and the months.’’. awards;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3808 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘(4) financial plans with respect to the use the program mission, which may include through 2016 to support efforts to prepare for of the awards; feedback from grant recipients.’’. and respond to cybersecurity risks and inci- ‘‘(5) any funding transfers or reallocations; (b) CLERICAL AMENDMENT.—The table of dents (as such terms are defined in section and contents in section 1(b) of the Homeland Se- 2209 of such Act, as so redesignated by sec- ‘‘(6) any adjustments to spending plans or curity Act of 2002 (Public Law 107–296; 116 tion 1601(g) of this Act). reprogramming. Stat. 2135) is amended by inserting after the (2) The degree to which grantees identify ‘‘(f) OVERSIGHT BY THE ADMINISTRATOR.— item relating to section 2008 the following: cybersecurity as a capability gap in the ‘‘(1) IN GENERAL.—The Administrator shall ‘‘Sec. 2009. Operation Stonegarden.’’. Threat and Hazard Identification and Risk establish and implement guidelines— SEC. 1418. NON-PROFIT SECURITY GRANT PRO- Assessment required under subsections (e) ‘‘(A) to ensure that amounts made avail- GRAM. and (f) of sections 2003 and 2004 of such Act able under Operation Stonegarden are used (a) IN GENERAL.—Subtitle A of title XX of (6 U.S.C. 604, 605), as added by this Act. in accordance with grant guidance and Fed- the Homeland Security Act of 2002 (6 U.S.C. (3) Obstacles and challenges related to eral laws; 601 et seq.), as amended by section 1417 of using grant funds to improve cybersecurity. ‘‘(B) to improve program performance re- this Act, is amended by adding at the end (4) Plans for future efforts to encourage porting and program performance measure- the following: grantees to use grant funds to improve cy- ments to facilitate designing, implementing, bersecurity capabilities. and enforcing procedures under Operation ‘‘SEC. 2010. NON-PROFIT SECURITY GRANT PRO- GRAM. SEC. 1420. JOINT COUNTERTERRORISM AWARE- Stonegarden; and ‘‘(a) ESTABLISHMENT.—There is established NESS WORKSHOP SERIES. ‘‘(C) that require the recording of stand- in the Department a program to be known as (a) IN GENERAL.—Title V of the Homeland ardized performance data regarding program the ‘Non-Profit Security Grant Program’ (in Security Act of 2002 (6 U.S.C. 311 et seq.) is output. this section referred to as the ‘Program’). amended by adding at the end the following: ‘‘(2) SUBMISSION.—Not later than 90 days Under the Program, the Secretary, acting after the date of enactment of this section, ‘‘SEC. 529. JOINT COUNTERTERRORISM AWARE- through the Administrator, shall make NESS WORKSHOP SERIES. the Administrator shall submit to the Com- grants to eligible nonprofit organizations de- ‘‘(a) IN GENERAL.—The Administrator, in mittee on Homeland Security and the Com- scribed in subsection (b), through the State consultation with the Director of the Na- mittee on Oversight and Government Reform in which such organizations are located, for tional Counterterrorism Center and the Di- of the House of Representatives and the target hardening and other security en- rector of the Federal Bureau of Investiga- Committee on Homeland Security and Gov- hancements to protect against terrorist at- tion, shall establish a Joint Counterter- ernmental Affairs of the Senate the guide- tacks. rorism Awareness Workshop Series (in this lines established under paragraph (1). ‘‘(b) ELIGIBLE RECIPIENTS.—Eligible non- ‘‘(g) FINANCIAL REVIEW GUIDELINES.— section referred to as the ‘Workshop Series’) profit organizations described in this sub- ‘‘(1) IN GENERAL.—The Administrator, in to— coordination with the Commissioner of U.S. section (a) are organizations that are— ‘‘(1) address emerging terrorist threats; Customs and Border Protection, shall de- ‘‘(1) described in section 501(c)(3) of the In- and velop and implement guidelines establishing ternal Revenue Code of 1986 and exempt from ‘‘(2) enhance the ability of State and local procedures for implementing the auditing tax under section 501(a) of such Code; and jurisdictions to prevent, protect against, re- and reporting requirements under section ‘‘(2) determined to be at risk of a terrorist spond to, and recover from terrorist attacks. 2022 with respect to Operation Stonegarden. attack by the Administrator. ‘‘(b) PURPOSE.—The Workshop Series estab- ‘‘(c) PERMITTED USES.—The recipient of a ‘‘(2) SUBMISSION.—Not later than 90 days lished under subsection (a) shall include— grant under this section may use such grant after the date of enactment of this section, ‘‘(1) reviewing existing preparedness, re- for any of the following: the Administrator shall submit to the Com- sponse, and interdiction plans, policies, and ‘‘(1) Target hardening activities, including mittee on Homeland Security and the Com- procedures related to terrorist attacks of the physical security enhancement equipment mittee on Oversight and Government Reform participating jurisdictions and identifying and inspection and screening systems. of the House of Representatives and the gaps in those plans, operational capabilities, ‘‘(2) Fees for security training relating to Committee on Homeland Security and Gov- response resources, and authorities; physical security and cybersecurity, target ernmental Affairs of the Senate the guide- ‘‘(2) identifying Federal, State, and local hardening, terrorism awareness, and em- lines established under paragraph (1). resources available to address the gaps iden- ‘‘(h) REPORT AND BRIEFING.—The Adminis- ployee awareness. tified under paragraph (1); trator, in coordination with the Commis- ‘‘(3) Any other appropriate activity related ‘‘(3) providing assistance, through training, sioner of U.S. Customs and Border Protec- to security or security training, as deter- exercises, and other means, to build or sus- tion, shall, at least annually during each of mined by the Administrator. tain, as appropriate, the capabilities to close fiscal years 2018 through 2022, submit to the ‘‘(d) ALLOCATION.—The Administrator shall those identified gaps; Committee on Homeland Security and the ensure that not less than an amount equal to ‘‘(4) examining the roles and responsibil- Committee on Oversight and Government 30 percent of the total funds appropriated for ities of participating agencies and respective Reform of the House of Representatives and grants under the Program for each fiscal communities in the event of a terrorist at- the Committee on Homeland Security and year is used for grants to eligible nonprofit tack; Governmental Affairs of the Senate a report organizations described in subsection (b) ‘‘(5) improving situational awareness and and briefing including— that are located in jurisdictions not receiv- information sharing among all participating ‘‘(1) for the period covered by the report— ing funding under section 2003. agencies in the event of a terrorist attack; ‘‘(A) information on how each recipient of ‘‘(e) PERIOD OF PERFORMANCE.—The Admin- and a grant under Operation Stonegarden ex- istrator shall make funds provided under ‘‘(6) identifying and sharing best practices pended amounts received under the grant; this section available for use by a recipient and lessons learned from the Workshop Se- ‘‘(B) a list of all operations carried out of a grant for a period of not less than 36 ries. using amounts made available under Oper- months.’’. ‘‘(c) DESIGNATION OF PARTICIPATING CIT- ation Stonegarden; and (b) CONFORMING AMENDMENT.—Subsection IES.—The Administrator shall select jurisdic- ‘‘(C) for each operation described in sub- (a) of section 2002 of the Homeland Security tions to host a Workshop Series from those paragraph (B)— Act of 2002 (6 U.S.C. 603) is amended by strik- cities that— ‘‘(i) whether the operation is active or ing ‘‘sections 2003 and 2004’’ and inserting ‘‘(1) are currently receiving, or that pre- completed; ‘‘sections 2003, 2004, and 2010’’. viously received, funding under section 2003; ‘‘(ii) the targeted purpose of the operation; (c) CLERICAL AMENDMENT.—The table of and ‘‘(iii) the location of the operation; and contents in section 1(b) of the Homeland Se- ‘‘(2) have requested to be considered. ‘‘(iv) the total number of hours worked by curity Act of 2002 (Public Law 107–296; 116 ‘‘(d) WORKSHOP SERIES PARTICIPANTS.—In- employees of the grant recipient and by em- Stat. 2135), as amended by section 1417(b), is dividuals from State and local jurisdictions ployees of U.S. Customs and Border Protec- amended by inserting after the item relating and emergency response providers in cities tion with respect to the operation, including to section 2009 the following: designated under subsection (c) shall be eli- the number of hours for which such employ- ‘‘Sec. 2010. Non-Profit Security Grant Pro- gible to participate in the Workshop Series, ees received basic pay and the number of gram.’’. including— hours for which such employees received pre- SEC. 1419. STUDY OF THE USE OF GRANT FUNDS ‘‘(1) senior elected and appointed officials; mium pay, by type of premium pay; and FOR CYBERSECURITY. ‘‘(2) law enforcement; ‘‘(2) in the first report submitted under Not later than 120 days after the date of ‘‘(3) fire and rescue; this subsection— enactment of this Act, the Comptroller Gen- ‘‘(4) emergency management; ‘‘(A) an examination of the effects chang- eral of the United States shall conduct a ‘‘(5) emergency medical services; ing the Operation Stonegarden Program to study on the use of grant funds awarded pur- ‘‘(6) public health officials; award multi-year grants would have on the suant to section 2003 and section 2004 of the ‘‘(7) private sector representatives; mission of the program; and Homeland Security Act of 2002 (6 U.S.C. 604, ‘‘(8) representatives of nonprofit organiza- ‘‘(B) the findings and recommendations of 605), including information on the following: tions; and the Administrator regarding what changes (1) The amount of grant funds invested or ‘‘(9) other participants as deemed appro- could improve the program to better serve obligated annually during fiscal years 2006 priate by the Administrator.

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‘‘(e) REPORTS.— Committee on Homeland Security of the (aa) by striking ‘‘summary’’ and inserting ‘‘(1) WORKSHOP SERIES REPORT.—The Ad- House of Representatives an after-action re- ‘‘detailed’’; and ministrator, in consultation with the Direc- port presenting the initial findings of the ex- (bb) by striking ‘‘such funds’’ and all that tor of the National Counterterrorism Center, ercise, including any identified or potential follows through the period at the end and in- the Director of the Federal Bureau of Inves- vulnerabilities in United States defenses and serting the following: ‘‘such funds, includ- tigation, and officials from the city in which any legislative changes requested in light of ing— a Workshop Series is held, shall develop and the findings. ‘‘(I) the name of the recipient and the submit to all of the agencies participating in (B) FORM.—The report required under sub- project or activity; the Workshop Series a report after the con- paragraph (A) shall be submitted in unclassi- ‘‘(II) a detailed description of the project clusion of the Workshop Series that address- fied form, but may include a classified or activity; es— annex. ‘‘(III) an evaluation of the completion sta- ‘‘(A) key findings about lessons learned (b) EMERGING THREATS IN THE NATIONAL tus of the project or activity; and best practices from the Workshop Series; EXERCISE PROGRAM.—Section 648(b)(2)(A) of ‘‘(IV) in the case of an infrastructure in- and the Post-Katrina Emergency Management vestment— ‘‘(B) potential mitigation strategies and Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is ‘‘(aa) the purpose, total expected cost, and resources to address gaps identified during amended— rationale for funding the infrastructure in- the Workshop Series. (1) in clause (v), by striking ‘‘and’’ at the vestment with funds made available; and ‘‘(2) ANNUAL REPORTS.—Not later than 1 end; and ‘‘(bb) the name of the point of contact for year after the date of enactment of this sec- (2) by adding after clause (vi) the fol- the recipient if there are questions con- tion and annually thereafter for 5 years, the lowing: cerning the infrastructure investment; and Administrator, in consultation with the Di- ‘‘(vii) designed, to the extent practicable, ‘‘(V) detailed information from each sub- rector of the National Counterterrorism Cen- to include exercises addressing emerging ter- grantee, including the information described ter and the Director of the Federal Bureau of rorist threats, such as scenarios involving in subparagraphs (I) through (IV), on any Investigation, shall submit to the Com- United States citizens departing the United subgrant awarded by the recipient; and’’; and mittee on Homeland Security and Govern- States to enlist with or provide material (V) by adding at the end the following: mental Affairs of the Senate and the Com- support or resources to terrorist organiza- ‘‘(iv) the total amount of funds received to mittee on Homeland Security of the House of tions abroad or terrorist infiltration into the date under each covered grant.’’; Representatives a comprehensive summary United States, including United States citi- (iii) in subparagraph (C)— report of the key themes, lessons learned, zens and foreign nationals; and’’. (I) in the matter preceding clause (i)— and best practices identified during the (c) NO ADDITIONAL FUNDS AUTHORIZED.—No (aa) by striking ‘‘subparagraph (A) by a’’ Workshop Series held during the previous additional funds are authorized to carry out and inserting ‘‘subparagraph (A) by any re- year. the requirements of this section and the cipient, including any’’; (bb) by inserting a comma after ‘‘tribe’’; ‘‘(f) AUTHORIZATION.—There is authorized amendments made by this section. The re- to be appropriated $1,000,000 for each of fiscal quirements of this section and the amend- and years 2018 through 2022 to carry out this sec- ments made by this section shall be carried (cc) by inserting ‘‘, in addition to the con- tion.’’. out using amounts otherwise authorized. tents required under subparagraph (B)’’ after ‘‘shall include’’; (b) TECHNICAL AND CONFORMING AMEND- SEC. 1422. GRANTS ACCOUNTABILITY. (II) in clause (ii)— MENT.—The table of contents in section 1(b) Section 2022 of the Homeland Security Act (aa) by inserting ‘‘total’’ before ‘‘amount’’; of the Homeland Security Act of 2002 (Public of 2002 (6. U.S.C. 612) is amended— and Law 107–296; 116 Stat. 2135) is amended by in- (1) in subsection (a)(1)(B)— (bb) by adding ‘‘and’’ at the end; serting after the item relating to section 528 (A) by striking ‘‘The Department’’ and in- (III) in clause (iii)— the following: serting the following: (aa) by striking ‘‘apply within’’ and insert- ‘‘Sec. 529. Joint Counterterrorism Aware- ‘‘(i) IN GENERAL.—The Department’’; and ing ‘‘apply to or within any recipient, includ- ness Workshop Series.’’. (B) by adding at the end the following: ing’’; and SEC. 1421. EXERCISE ON TERRORIST AND FOR- ‘‘(ii) INSPECTOR GENERAL REVIEW.—With re- (bb) by striking ‘‘; and’’ and inserting a pe- EIGN FIGHTER TRAVEL; NATIONAL spect to each grant awarded, the Inspector riod; and EXERCISE PROGRAM. General of the Department may— (IV) by striking clause (iv); and (a) EXERCISE ON TERRORIST AND FOREIGN ‘‘(I) examine any records of the contractor (B) by adding at the end the following: FIGHTER TRAVEL.— or grantee, any of its subcontractors or sub- ‘‘(3) REQUIRED REPORTING FOR PRIOR AWARD- (1) IN GENERAL.—In addition to, or as part grantees, or any State or local agency or ED GRANTS.—Not later than 180 days after the of, exercise programs carried out by the De- other entity in receipt of or administering end of the quarter following the date of en- partment of Homeland Security as of the any grant awarded, that pertain to, and in- actment of this paragraph, each recipient of date of enactment of this Act, to enhance do- volve transactions relating to the contract, a covered grant awarded before the date of mestic preparedness for and collective re- subcontract, grant, or subgrant; and enactment of this paragraph shall provide sponse to terrorism, promote the dissemina- ‘‘(II) interview any officer or employee of the information required under this sub- tion of homeland security information, and the contractor or grantee, any of its sub- section and thereafter comply with the re- test the security posture of the United contractors or subgrantees, or any State or quirements of this subsection. States, the Secretary of Homeland Security, local agency or other entity in receipt of or ‘‘(4) ASSISTANCE IN REPORTING.—The Ad- through appropriate offices and components administering any grant awarded, regarding ministrator or the Secretary, as appropriate of the Department of Homeland Security and transactions relating to the contract, sub- under the covered grant, in coordination in coordination with the relevant Federal de- contract, grant, or subgrant. with the Director of the Office of Manage- partments and agencies, shall, not later than ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in ment and Budget, shall provide for user- 1 year after the date of enactment of this clause (ii) may be construed to limit or re- friendly means for grant recipients to com- Act, develop and conduct an exercise related strict the authority of the Inspector General ply with the reporting requirements of this to the terrorist and foreign fighter threat. of the Department.’’; subsection. (2) EXERCISE REQUIREMENTS.—The exercise (2) in subsection (b)— ‘‘(5) SUBGRANTEE REPORTING.—Each grant required under paragraph (1) shall include— (A) in paragraph (1)— recipient required to report information (A) a scenario involving— (i) in subparagraph (A)— under paragraph (1)(B)(iii)(V) shall register (i) persons traveling from the United (I) by striking ‘‘a grant under section 2003 with the System for Award Management States to join or provide material support or or 2004’’ and inserting ‘‘a covered grant, any database or complete other registration re- resources to a terrorist organization abroad; recipient, including’’; quirements as determined necessary by the and (II) by inserting a comma after ‘‘tribe’’; Director of the Office of Management and (ii) terrorist infiltration into the United and Budget. States, including United States citizens and (III) by inserting ‘‘or the Secretary, as ap- ‘‘(6) PUBLICATION OF INFORMATION.—Not foreign nationals; and propriate under the covered grant,’’ after later than 7 days after the date on which the (B) coordination with relevant Federal de- ‘‘Administrator’’; Administrator or the Secretary, as the case partments and agencies, foreign govern- (ii) in subparagraph (B)— may be, receives the reports required to be ments, and State, local, tribal, territorial, (I) in the matter preceding clause (i), by in- submitted under this subsection, the Admin- and private sector stakeholders. serting ‘‘recipient, including any’’ after ‘‘for istrator and the Secretary shall make the in- (3) REPORT.— the applicable’’; formation in the reports publicly available, (A) IN GENERAL.—Not later than 60 days (II) in clause (i), by striking ‘‘section 2003 in a searchable database, on the website of after the completion of the exercise required or 2004’’ and inserting ‘‘the covered grant’’; the Federal Emergency Management Agency under paragraph (1), the Secretary of Home- (III) in clause (ii)— or Department, as appropriate. land Security shall, consistent with the pro- (aa) by striking ‘‘section 2003 or 2004’’ and ‘‘(7) COVERED GRANT DEFINED.—In this sub- tection of classified information, submit to inserting ‘‘the covered grant’’; and section, the term ‘covered grant’ means a the Committee on Homeland Security and (bb) by striking ‘‘and’’ at the end; grant awarded under— Governmental Affairs of the Senate and the (IV) in clause (iii)— ‘‘(A) this Act; or

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3810 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘(B) a program described in paragraphs (1) SEC. 1432. ANNUAL REPORTING ON ACTIVITIES ‘‘(B) those entities of the Environmental through (6) of section 2002(b) that is adminis- OF THE EMERGENCY COMMUNICA- Protection Agency that perform such sup- tered by the Department.’’; and TIONS DIVISION. port functions (including radiological emer- (3) by adding at the end the following: Section 1801(f) of the Homeland Security gency response functions) and related func- Act of 2002 (6 U.S.C. 571(f)) is amended to tions.’’. ‘‘(d) SUNSET AND DISPOSITION OF UNEX- read as follows: (2) By striking section 502 (6 U.S.C. 312). PENDED GRANT AMOUNTS.— ‘‘(f) ANNUAL REPORTING OF DIVISION ACTIVI- (3) In section 504(a)(3)(B) (6 U.S.C. ‘‘(1) IN GENERAL.—Except as may be other- TIES.—The Assistant Director for Emergency 314(a)(3)(B)), by striking ‘‘, the National Dis- wise provided in the authorizing statute of a Communications shall, not later than 1 year aster Medical System,’’. grant program, effective on the date that is after the date of the enactment of this sub- (4) In section 506 (6 U.S.C. 316)— 5 years after the date on which grant funds section and annually thereafter for each of (A) by striking subsection (b); are distributed by the Administrator or the the next 4 years, report to the Committee on (B) by redesignating subsections (c) and (d) Secretary, as appropriate, under a covered Homeland Security and the Committee on as subsections (b) and (c) respectively; and grant (as defined in subsection (b)(7)), the au- Energy and Commerce of the House of Rep- (C) in subsection (b), as so redesignated, by thority of a covered grant recipient, includ- resentatives and the Committee on Home- striking ‘‘section 708’’ each place it appears ing any grantee or subgrantee, to obligate, land Security and Governmental Affairs of and inserting ‘‘section 707’’. provide, make available, or otherwise expend the Senate on the activities and programs of (5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in those funds is terminated. the Emergency Communications Division, the matter preceding subparagraph (A), by ‘‘(2) RETURN OF UNEXPENDED GRANT including specific information on efforts to striking ‘‘section 708’’ and inserting ‘‘section AMOUNTS.—Upon the termination of author- carry out paragraphs (3), (4), and (5) of sub- 707’’. ity under paragraph (1), any grant amounts section (c).’’. (b) TITLE XX.—Title XX of the Homeland that have not been expended shall be re- SEC. 1433. NATIONAL EMERGENCY COMMUNICA- Security Act of 2002 (6 U.S.C. 601 et seq.) is turned to the Administrator or the Sec- TIONS PLAN. amended— retary, as the case may be. The Adminis- Section 1802 of the Homeland Security Act (1) in section 2001 (6 U.S.C. 601)— trator or the Secretary, as the case may be, of 2002 (6 U.S.C. 572) is amended— (A) by striking paragraph (13); (B) by redesignating paragraphs (3) shall deposit any grant amounts returned (1) in subsection (a), in the matter pre- ceding paragraph (1)— through (12) as paragraphs (4) through (13), under this paragraph in the General Fund of (A) by striking ‘‘, and in cooperation with respectively; and the Treasury in accordance with section 3302 the Department of National Communications (C) by inserting after paragraph (2) the fol- of title 31, United States Code. System (as appropriate),’’; and lowing: ‘‘(3) AWARDS TO RECIPIENTS RETURNING (B) by inserting ‘‘, but not less than once ‘‘(3) CORE CAPABILITIES.—The term ‘core ca- GRANT FUNDS.—On and after the date on every 5 years,’’ after ‘‘periodically’’; and pabilities’ means the capabilities for Fed- which the authority of a covered grant re- (2) in subsection (c)— eral, State, local, and tribal government pre- cipient is terminated under paragraph (1) (A) by redesignating paragraphs (3) paredness for which guidelines are required with respect to a grant under a covered grant through (10) as paragraphs (4) through (11), to be established under section 646(a) of the program, the Administrator or the Sec- respectively; and Post-Katrina Emergency Management Re- retary, as appropriate, may award a grant (B) by inserting after paragraph (2) the fol- form Act of 2006 (6 U.S.C. 746(a)).’’; under the covered grant program to the cov- lowing new paragraph: (2) in subsection (k)(1) of section 2005 (6 ered grant recipient, only pursuant to the ‘‘(3) consider the impact of emerging tech- U.S.C. 606), as so redesignated by section submission of a new grant application, in ac- nologies on the attainment of interoperable 1403, by striking ‘‘target’’ and inserting cordance with the requirements of the grant emergency communications;’’. ‘‘core’’; and program. SEC. 1434. TECHNICAL EDIT. (3) in section 2021(d)(3) (6 U.S.C. 611(d)(3)), ‘‘(4) APPLICABILITY.—This subsection shall Section 1804(b)(1) of the Homeland Secu- by striking ‘‘target’’ each place it appears apply to any grant awarded under a covered rity Act of 2002 (6 U.S.C. 574(b)(1)) is amend- and inserting ‘‘core’’. grant program on or after the date of enact- ed, in the matter preceding subparagraph (c) IMPLEMENTING RECOMMENDATIONS OF ment of this subsection.’’. (A), by striking ‘‘Assistant Secretary for THE 9/11 COMMISSION ACT OF 2007.—Section 1204 of the Implementing Recommendations Subtitle B—Communications Grants and Planning’’ and inserting ‘‘Admin- istrator of the Federal Emergency Manage- of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended— SEC. 1431. RESPONSIBILITIES OF ASSISTANT DI- ment Agency’’. (1) in subsection (b)(4), by striking ‘‘Res- RECTOR FOR EMERGENCY COMMU- SEC. 1435. COMMUNICATIONS TRAINING. NICATIONS. cue’’ and inserting ‘‘Recovery’’; and The Under Secretary for Management of (2) in subsection (d)(2), by striking ‘‘Res- (a) IN GENERAL.—Section 1801(c) of the the Department of Homeland Security, in co- cue’’ and inserting ‘‘Recovery’’. Homeland Security Act of 2002 (6 U.S.C. ordination with the appropriate component heads, shall develop a mechanism, consistent TITLE V—FEDERAL EMERGENCY 571(c)) is amended— MANAGEMENT AGENCY (1) by striking paragraph (3); with the strategy required pursuant to sec- SEC. 1501. SHORT TITLE. (2) by redesignating paragraphs (4) through tion 4 of the Department of Homeland Secu- rity Interoperable Communications Act This title may be cited as the ‘‘FEMA Re- (14) as paragraphs (3) through (13), respec- authorization Act of 2018’’. tively; (Public Law 114–29; 6 U.S.C. 194 note), to verify that radio users within the Depart- SEC. 1502. REAUTHORIZATION OF FEDERAL (3) by redesignating paragraph (15) as para- EMERGENCY MANAGEMENT AGEN- graph (16); ment receive initial and ongoing training on the use of the radio systems of such compo- CY. (4) in paragraph (8), as so redesignated, by Section 699 of the Post-Katrina Emergency nents, including interagency radio use proto- striking ‘‘, in cooperation with the National Management Reform Act of 2006 (6 U.S.C. cols. Communications System,’’; 811) is amended— (5) in paragraph (11), as so redesignated, by Subtitle C—Other Matters (1) by striking ‘‘administration and oper- striking ‘‘Assistant Secretary for Grants and SEC. 1451. TECHNICAL AND CONFORMING ations’’ each place the term appears and in- Training’’ and inserting ‘‘Administrator of AMENDMENTS. serting ‘‘management and administration’’; the Federal Emergency Management Agen- (a) TITLE V.—Title V of the Homeland Se- (2) in paragraph (2), by striking ‘‘and’’ at cy’’; curity Act of 2002 (6 U.S.C. 311 et seq.) is the end; (6) in paragraph (13), as so redesignated, by amended as follows: (3) in paragraph (3), by striking the period striking ‘‘and’’ at the end; and (1) In section 501 (6 U.S.C. 311)— at the end and inserting ‘‘; and’’; and (7) by inserting after paragraph (13) the fol- (A) by redesignating paragraphs (9) (4) by adding at the end the following: lowing: through (14) as paragraphs (10) through (15), ‘‘(4) for fiscal year 2018, $1,049,000,000; ‘‘(14) administer the Government Emer- respectively; and ‘‘(5) for fiscal year 2019, $1,065,784,000; and gency Telecommunications Service (GETS) (B) by inserting after paragraph (8) the fol- ‘‘(6) for fiscal year 2020, $1,082,836,544.’’. and Wireless Priority Service (WPS) pro- lowing new paragraph: SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS grams, or successor programs; ‘‘(9) the term ‘Nuclear Incident Response CONSORTIUM. ‘‘(15) assess the impact of emerging tech- Team’ means a resource that includes— Section 1204 of the Implementing Rec- nologies on interoperable emergency com- ‘‘(A) those entities of the Department of ommendations of the 9/11 Commission Act of munications; and’’. Energy that perform nuclear or radiological 2007 (6 U.S.C. 1102) is amended— emergency support functions (including acci- (1) in subsection (c), by inserting ‘‘to the (b) PERFORMANCE OF PREVIOUSLY TRANS- dent response, search response, advisory, and extent practicable, provide training in set- FERRED FUNCTIONS.—Section 1801(d) of the technical operations functions), radiation tings that simulate real response environ- Homeland Security Act of 2002 (6 U.S.C. exposure functions at the medical assistance ments, such as urban areas,’’ after ‘‘levels,’’; 571(d)) is amended by— facility known as the Radiation Emergency (2) in subsection (d), by striking para- (1) striking paragraph (2); and Assistance Center/Training Site (REAC/TS), graphs (1) and (2) and inserting the following: (2) redesignating paragraph (3) as para- radiological assistance functions, and re- ‘‘(1) for the Center for Domestic Prepared- graph (2). lated functions; and ness—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3811 ‘‘(A) $63,939,000 for fiscal year 2018; ters, acts of terrorism, and other man-made Act of 2018 and annually thereafter for each ‘‘(B) $64,962,024 for fiscal year 2019; and disasters; of the next 4 years, submit to Congress a re- ‘‘(C) $66,001,416 for fiscal year 2020; and ‘‘(4) facilitate engagement and coordina- port on the status of those corrective ac- ‘‘(2) for the members of the National Do- tion among the emergency management tions. mestic Preparedness Consortium described community and faith-based and community ‘‘(c) DISSEMINATION OF AFTER ACTION RE- in paragraphs (2) through (7) of subsection organizations; PORTS.—The Administrator shall provide (b)— ‘‘(5) deliver training and technical assist- electronically, to the maximum extent prac- ‘‘(A) $101,000,000 for fiscal year 2018; ance to faith-based and community organiza- ticable, to Congress and Federal, State, ‘‘(B) $102,606,000 for fiscal year 2019; and tions and provide subject-matter expertise local, tribal, and private sector officials ‘‘(C) $104,247,856 for fiscal year 2020.’’; and related to anti-human trafficking efforts to after-action reports and information on les- (3) in subsection (e)— help communities successfully partner with sons learned and best practices from re- (A) in the matter preceding paragraph (1)— other components of the Blue Campaign of sponses to acts of terrorism, natural disas- (i) by striking ‘‘each of the following enti- the Department; and ters, capstone exercises conducted under the ties’’ and inserting ‘‘members of the Na- ‘‘(6) perform any other duties as assigned national exercise program under section tional Domestic Preparedness Consortium by the Administrator.’’. 648(b), and other emergencies or exercises.’’. enumerated in subsection (b)’’; and (b) CLERICAL AMENDMENT.—The table of SEC. 1509. CENTER FOR DOMESTIC PREPARED- (ii) by striking ‘‘2007—’’ and inserting contents in section 1(b) of the Homeland Se- NESS. ‘‘2015.’’ and curity Act of 2002 (Public Law 107–296; 116 The Administrator of the Federal Emer- (B) by striking paragraphs (1) through (5). Stat. 2135), as amended by section 1420, is gency Management Agency shall— (1) develop an implementation plan, in- SEC. 1504. RURAL DOMESTIC PREPAREDNESS amended by inserting after the item relating CONSORTIUM. to section 529 the following: cluding benchmarks and milestones, to ad- dress the findings and recommendations of (a) IN GENERAL.—The Secretary of Home- ‘‘Sec. 530. Center For Faith-Based And the 2017 Management Review Team that land Security is authorized to establish a Neighborhood Partnerships.’’. Rural Domestic Preparedness Consortium issued a report on May 8, 2017, regarding live SEC. 1506. EMERGENCY SUPPORT FUNCTIONS. agent training at the Chemical, Ordnance, within the Department of Homeland Secu- (a) UPDATE.—Paragraph (14) of section rity consisting of universities and nonprofit Biological and Radiological Training Facil- 504(a) of the Homeland Security Act of 2002 (6 ity; and organizations qualified to provide training to U.S.C. 314(a)), as so redesignated by section emergency response providers (as defined in (2) provide to the Committee on Homeland 1520, is amended by inserting ‘‘, periodically Security and the Committee on Transpor- section 2 of the Homeland Security Act of updating (but not less often than once every 2002 (6 U.S.C. 101)) from rural communities tation and Infrastructure of the House of 5 years),’’ after ‘‘administering’’. Representatives and the Committee on (as defined by the Federal Emergency Man- (b) EMERGENCY SUPPORT FUNCTIONS.—Sec- Homeland Security and Governmental Af- agement Agency). tion 653 of the Post-Katrina Emergency Man- fairs of the Senate updates and information (b) DUTIES.—The Rural Domestic Prepared- agement Reform Act of 2006 (6 U.S.C. 753) is on efforts to implement recommendations ness Consortium authorized under subsection amended— related to the management review of the (a) shall identify, develop, test, and deliver (1) by redesignating subsections (d) and (e) Chemical, Ordnance, Biological, and Radio- training to State, local, and tribal emer- as subsections (e) and (f), respectively; and logical Training Facility of the Center for gency response providers from rural commu- (2) by inserting after subsection (c) the fol- Domestic Preparedness of the Federal Emer- nities, provide on-site and mobile training, lowing: gency Management Agency, including, as and facilitate the delivery of training by the ‘‘(d) COORDINATION.—The President, acting necessary, information on additional re- training partners of the Department of through the Administrator, shall develop sources or authority needed to implement Homeland Security. and provide to Federal departments and such recommendations. (c) AUTHORIZATION OF APPROPRIATIONS.—Of agencies with coordinating, primary, or sup- amounts appropriated for Continuing Train- porting responsibilities under the National SEC. 1510. FEMA SENIOR LAW ENFORCEMENT AD- VISOR. ing Grants of the Department of Homeland Response Framework performance metrics (a) IN GENERAL.—Title V of the Homeland Security, $5,000,000 is authorized to be used to ensure readiness to execute responsibil- Security Act of 2002 (6 U.S.C. 311 et seq.), as for the Rural Domestic Preparedness Consor- ities under the emergency support functions amended by section 1505 of this Act, is tium authorized under subsection (a). of the National Response Framework.’’. amended by adding at the end the following: SEC. 1505. CENTER FOR FAITH-BASED AND SEC. 1507. REVIEW OF NATIONAL INCIDENT MAN- ‘‘SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR. NEIGHBORHOOD PARTNERSHIPS. AGEMENT SYSTEM. ‘‘(a) ESTABLISHMENT.—The Administrator (a) IN GENERAL.—Title V of the Homeland Section 509(b)(2) of the Homeland Security shall appoint a Senior Law Enforcement Ad- Security Act of 2002 (6 U.S.C. 311 et seq.), as Act of 2002 (6 U.S.C. 319(b)(2)) is amended, in visor to serve as a qualified expert to the Ad- amended by section 1420 of this Act, is the matter preceding subparagraph (A), by ministrator for the purpose of strengthening amended by adding at the end the following: inserting ‘‘, but not less often than once the Agency’s coordination among State, ‘‘SEC. 530. CENTER FOR FAITH-BASED AND every 5 years,’’ after ‘‘periodically’’. local, and tribal law enforcement. NEIGHBORHOOD PARTNERSHIPS. SEC. 1508. REMEDIAL ACTION MANAGEMENT ‘‘(b) QUALIFICATIONS.—The Senior Law En- ‘‘(a) IN GENERAL.—There is established in PROGRAM. forcement Advisor shall have an appropriate the Agency a Center for Faith-Based and Section 650 of the Post-Katrina Emergency background with experience in law enforce- Neighborhood Partnerships, headed by a Di- Management Reform Act of 2006 (6 U.S.C. ment, information sharing, and other emer- rector appointed by the Secretary. 750) is amended to read as follows: gency response functions. ‘‘(b) MISSION.—The mission of the Center ‘‘SEC. 650. REMEDIAL ACTION MANAGEMENT ‘‘(c) RESPONSIBILITIES.—The Senior Law shall be to develop and coordinate depart- PROGRAM. Enforcement Advisor shall— mental outreach efforts with faith-based and ‘‘(a) IN GENERAL.—The Administrator, in ‘‘(1) coordinate on behalf of the Adminis- community organizations and serve as a liai- coordination with the National Council on trator with the Office for State and Local son between those organizations and compo- Disability and the National Advisory Coun- Law Enforcement under section 2006 for the nents of the Department for activities re- cil, shall establish a remedial action man- purpose of ensuring State, local, and tribal lated to securing facilities, emergency pre- agement program to— law enforcement receive consistent and ap- paredness and response, and combating ‘‘(1) analyze training, exercises, and real propriate consideration in policies, guidance, human trafficking. world events to identify lessons learned, cor- training, and exercises related to preventing, ‘‘(c) RESPONSIBILITIES.—In support of the rective actions, and best practices; preparing for, protecting against, and re- mission of the Center for Faith-Based and ‘‘(2) generate and disseminate, as appro- sponding to natural disasters, acts of ter- Neighborhood Partnerships, the Director priate, the lessons learned, corrective ac- rorism, and other man-made disasters within shall— tions, and best practices described in para- the United States; ‘‘(1) develop exercises that engage faith- graph (1); and ‘‘(2) work with the Administrator and the based and community organizations to test ‘‘(3) conduct remedial action tracking and Office for State and Local Law Enforcement capabilities for all hazards, including active long-term trend analysis. under section 2006 to ensure grants to State, shooter incidents; ‘‘(b) FEDERAL CORRECTIVE ACTIONS.—The local, and tribal government agencies, in- ‘‘(2) coordinate the delivery of guidance Administrator, in coordination with the cluding programs under sections 2003, 2004, and training to faith-based and community heads of appropriate Federal departments and 2006(a), appropriately focus on terrorism organizations related to securing their facili- and agencies, shall— prevention activities; and ties against natural disasters, acts of ter- ‘‘(1) utilize the program established under ‘‘(3) serve other appropriate functions as rorism, and other man-made disasters; subsection (a) to collect information on cor- determined by the Administrator.’’. ‘‘(3) conduct outreach to faith-based and rective actions identified by such Federal de- (b) CLERICAL AMENDMENT.—The table of community organizations regarding guid- partments and agencies during exercises and contents in section 1(b) of the Homeland Se- ance, training, and exercises and depart- the response to natural disasters, acts of ter- curity Act of 2002 (Public Law 107–296; 116 mental capabilities available to assist faith- rorism, and other man-made disasters; and Stat. 2135), as amended by section 1505, is based and community organizations to se- ‘‘(2) not later than 1 year after the date of amended by inserting after the item relating cure their facilities against natural disas- the enactment of the FEMA Reauthorization to section 530 the following:

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3812 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘Sec. 531. Senior Law Enforcement Advi- SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN. preparedness, evacuations, and disaster re- sor.’’. Section 10102(c) of title 5, United States lief; SEC. 1511. TECHNICAL EXPERT AUTHORIZED. Code, is amended by striking ‘‘2007’’ and in- ‘‘(10) work to ensure that video program- Section 503(b)(2) of the Homeland Security serting ‘‘2019’’. ming distributors, including broadcasters, Act of 2002 (6 U.S.C. 313(b)(2)) is amended— SEC. 1514. OFFICE OF DISABILITY INTEGRATION cable operators, and satellite television serv- (1) in subparagraph (G), by striking ‘‘and’’ AND COORDINATION OF DEPART- ices, make emergency information accessible MENT OF HOMELAND SECURITY. at the end; to individuals with hearing and vision dis- (a) OFFICE OF DISABILITY INTEGRATION AND (2) in subparagraph (H), by striking the pe- abilities; COORDINATION.— riod at the end and inserting ‘‘; and’’; and ‘‘(11) ensure the availability of accessible (1) IN GENERAL.—Section 513 of the Home- (3) by adding at the end the following: transportation options for individuals with land Security Act of 2002 (6 U.S.C. 321b) is disabilities in the event of an evacuation; ‘‘(I) identify and integrate the needs of amended to read as follows: children into activities to prepare for, pro- ‘‘(12) provide guidance and implement poli- ‘‘SEC. 513. OFFICE OF DISABILITY INTEGRATION cies to ensure that the rights and feedback of tect against, respond to, recover from, and AND COORDINATION. individuals with disabilities regarding post- mitigate against natural disasters, acts of ‘‘(a) IN GENERAL.—There is established evacuation residency and relocation are re- terrorism, and other man-made disasters, in- within the Agency an Office of Disability In- cluding catastrophic incidents, including by tegration and Coordination (in this section spected; appointing a technical expert, who may con- referred to as the ‘Office’), which shall be ‘‘(13) ensure that meeting the needs of indi- sult with relevant outside organizations and headed by a Director. viduals with disabilities are included in the experts, as necessary, to coordinate such ac- ‘‘(b) MISSION.—The mission of the Office is components of the national preparedness tivities, as necessary.’’. to ensure that individuals with disabilities system established under section 644 of the SEC. 1512. MISSION SUPPORT. and other access and functional needs are in- Post-Katrina Emergency Management Re- (a) ESTABLISHMENT.—The Administrator of cluded in emergency management activities form Act of 2006 (6 U.S.C. 744); and the Federal Emergency Management Agency throughout the Agency by providing guid- ‘‘(14) perform any other duties as assigned shall designate an individual to serve as the ance, tools, methods, and strategies for the by the Administrator. chief management official and principal ad- purpose of equal physical program and effec- ‘‘(d) DIRECTOR.—After consultation with visor to the Administrator on matters re- tive communication access. organizations representing individuals with lated to the management of the Federal ‘‘(c) RESPONSIBILITIES.—In support of the disabilities, the Administrator shall appoint Emergency Management Agency, including mission of the Office, the Director shall— a Director. The Director shall report directly management integration in support of emer- ‘‘(1) provide guidance and coordination on to the Administrator, in order to ensure that gency management operations and programs. matters related to individuals with disabil- the needs of individuals with disabilities are ities in emergency planning requirements (b) MISSION AND RESPONSIBILITIES.—The being properly addressed in emergency pre- Administrator of the Federal Emergency and relief efforts in the event of a natural paredness and disaster relief. Management Agency, acting through the of- disaster, act of terrorism, or other man- ‘‘(e) ORGANIZATIONS REPRESENTING INDIVID- ficial designated pursuant to subsection (a), made disaster; UALS WITH DISABILITIES DEFINED.—For pur- shall be responsible for the management and ‘‘(2) oversee Office employees responsible poses of this section, the term ‘organizations administration of the Federal Emergency for disability integration in each regional of- representing individuals with disabilities’ fice with respect to carrying out the mission Management Agency, including with respect means the National Council on Disabilities, of the Office; to the following: the Interagency Coordinating Council on ‘‘(3) liaise with other employees of the (1) Procurement. Preparedness and Individuals with Disabil- Agency, including nonpermanent employees, (2) Human resources and personnel. ities, and other appropriate disability orga- organizations representing individuals with (3) Information technology and commu- nizations.’’. disabilities, other agencies of the Federal nications systems. (2) CLERICAL AMENDMENT.—The table of Government, and State, local, and tribal (4) Real property investment and planning, contents in section 1(b) of the Homeland Se- government authorities regarding the needs facilities, accountable personal property (in- curity Act of 2002 (Public Law 107–296; 116 of individuals with disabilities in emergency Stat. 2135) is amended by striking the item cluding fleet and other material resources), planning requirements and relief efforts in records and disclosure, privacy, safety and relating to section 513 and inserting the fol- the event of a natural disaster, act of ter- lowing: health, and sustainability and environ- rorism, or other man-made disaster; mental management. ‘‘513. Office of Disability Integration and Co- ‘‘(4) coordinate with the technical expert ordination.’’. (5) Security for personnel, information on the needs of children within the Agency technology and communications systems, fa- (b) REPORT TO CONGRESS.—Not later than to provide guidance and coordination on 120 days after the date of the enactment of cilities, property, equipment, and other ma- matters related to children with disabilities terial resources. this Act, the Administrator of the Federal in emergency planning requirements and re- Emergency Management Agency shall sub- (6) Any other management duties that the lief efforts in the event of a natural disaster, Administrator may designate. mit to Congress a report on the funding and act of terrorism, or other man-made dis- staffing needs of the Office of Disability In- (c) MOUNT WEATHER EMERGENCY OPER- aster; tegration and Coordination under section 513 ATIONS AND ASSOCIATED FACILITIES.—Nothing ‘‘(5) consult with organizations rep- of the Homeland Security Act of 2002, as in this section shall be construed as limiting resenting individuals with disabilities about amended by subsection (a). or otherwise affecting the role or responsi- access and functional needs in emergency bility of the Assistant Administrator for Na- planning requirements and relief efforts in SEC. 1515. MANAGEMENT COSTS. tional Continuity Programs with respect to the event of a natural disaster, act of ter- Section 324 of the Robert T. Stafford Dis- the matters described in subsection (b) as rorism, or other man-made disaster; aster Relief and Emergency Assistance Act such matters relate to the Mount Weather ‘‘(6) ensure the coordination and dissemi- (42 U.S.C. 5165b) is amended— Emergency Operations Center and associated nation of best practices and model evacu- (1) in subsection (a), by striking ‘‘any ad- facilities. The management and administra- ation plans for individuals with disabilities; ministrative expense, and any other expense tion of the Mount Weather Emergency Oper- ‘‘(7) collaborate with Agency leadership re- not directly chargeable to’’ and inserting ations Center and associated facilities re- sponsible for training to ensure that quali- ‘‘direct administrative cost, and any other main the responsibility of the Assistant Ad- fied experts develop easily accessible train- administrative expense associated with’’; ministrator for National Continuity Pro- ing materials and a curriculum for the train- and grams. ing of emergency response providers, State, (2) in subsection (b)— (d) REPORT.—Not later than 270 days after local, and tribal government officials, and (A) by striking ‘‘Notwithstanding’’ and in- the date of enactment of this Act, the Ad- others on the needs of individuals with dis- serting the following: ministrator of the Federal Emergency Man- abilities; ‘‘(1) IN GENERAL.—Notwithstanding’’; agement Agency shall submit to the Com- ‘‘(8) coordinate with the Emergency Man- (B) in paragraph (1), as so designated, by mittee on Homeland Security and the Com- agement Institute, the Center for Domestic striking ‘‘establish’’ and inserting ‘‘imple- mittee on Transportation and Infrastructure Preparedness, Center for Homeland Defense ment’’; and of the House of Representatives and the and Security, the United States Fire Admin- (C) by adding at the end the following: Committee on Homeland Security and Gov- istration, the national exercise program de- ‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad- ernmental Affairs of the Senate a report that scribed in section 648(b) of the Post-Katrina ministrator shall provide for management includes— Emergency Management Reform Act of 2006 costs, in addition to the eligible project (1) a review of financial, human capital, in- (6 U.S.C. 748(b)), and the National Domestic costs, to cover direct and indirect costs of formation technology, real property plan- Preparedness Consortium to ensure that con- administering the following programs: ning, and acquisition management of head- tent related to persons with disabilities, ac- ‘‘(A) HAZARD MITIGATION.—A grantee under quarters and all regional offices of the Fed- cess and functional needs, and children are section 404 may be reimbursed for direct and eral Emergency Management Agency; and integrated into existing and future emer- indirect administrative costs in a total (2) a strategy for capturing financial, gency management trainings; amount of not more than 15 percent of the human capital, information technology, real ‘‘(9) promote the accessibility of telephone total amount of the grant award under such property planning, and acquisition data. hotlines and websites regarding emergency section of which not more than 10 percent

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3813 may be used by the grantee and 5 percent by ‘‘(3) the State, county, and applicant name; ‘‘(C) the previously allocated funds recov- the subgrantee for such costs. ‘‘(4) if the applicant is a private nonprofit ered; and ‘‘(B) PUBLIC ASSISTANCE.—A grantee under organization; ‘‘(D) the commitments, allocations, and sections 403, 406, 407, and 502 may be reim- ‘‘(5) the damage category code; obligations made; bursed direct and indirect administrative ‘‘(6) the amount of the Federal share obli- ‘‘(3) a table of disaster relief activity delin- costs in a total amount of not more than 12 gated; and eated by month, including— percent of the total award amount under ‘‘(7) the date of the award. ‘‘(A) the beginning and ending balances; such sections, of which not more than 7 per- ‘‘(b) MISSION ASSIGNMENTS.— ‘‘(B) the total obligations to include cent may be used by the grantee and 5 per- ‘‘(1) IN GENERAL.—Not later than 5 days amounts obligated for fire assistance, emer- cent by the subgrantee for such costs.’’. after the date on which a mission assign- gencies, surge, and disaster support activi- SEC. 1516. PERFORMANCE OF SERVICES. ment or mission assignment task order is ties; Section 306 of the Robert T. Stafford Dis- issued under section 402(1) or section ‘‘(C) the obligations for catastrophic aster Relief and Emergency Assistance Act 502(a)(1), the Administrator shall publish on events delineated by event and by State; and (42 U.S.C. 5149) is amended by adding at the the website of the Agency any mission as- ‘‘(D) the amount of previously obligated end the following: signment or mission assignment task order funds that are recovered; ‘‘(c) The Administrator of the Federal to another Federal department or agency re- ‘‘(4) a summary of allocations, obligations, Emergency Management Agency may ap- garding a major disaster in excess of and expenditures for catastrophic events de- point temporary personnel, after serving $1,000,000, including— lineated by event; continuously for 3 years, to positions in the ‘‘(A) the name of the impacted State or In- ‘‘(5) the cost with respect to— Federal Emergency Management Agency in dian tribe; ‘‘(A) public assistance; the same manner that competitive service ‘‘(B) the major disaster declaration for ‘‘(B) individual assistance; employees with competitive status are con- such State or Indian tribe; ‘‘(C) mitigation; sidered for transfer, reassignment, or pro- ‘‘(C) the assigned agency; ‘‘(D) administrative activities; motion to such positions. An individual ap- ‘‘(D) the assistance requested; ‘‘(E) operations; and pointed under this subsection shall become a ‘‘(E) a description of the major disaster; ‘‘(F) any other relevant category (includ- career-conditional employee, unless the em- ‘‘(F) the total cost estimate; ing emergency measures and disaster re- ployee has already completed the service re- ‘‘(G) the amount obligated; sources) delineated by major disaster; and quirements for career tenure.’’. ‘‘(H) the State or tribal cost share, if appli- ‘‘(6) the date on which funds appropriated SEC. 1517. STUDY TO STREAMLINE AND CONSOLI- cable; will be exhausted. DATE INFORMATION COLLECTION. ‘‘(I) the authority under which the mission ‘‘(d) CONTRACTS.— Not later than 1 year after the date of en- assignment or mission assignment task ‘‘(1) INFORMATION.— actment of this Act, the Administrator of order was directed; and ‘‘(A) IN GENERAL.—Not later than 10 days the Federal Emergency Management Agency ‘‘(J) if applicable, the date on which a after the first day of each month, the Admin- shall— State or Indian tribe requested the mission istrator shall publish on the website of the (1) in coordination with the Small Business assignment. Agency the specifics of each contract in ex- Administration, the Department of Housing ‘‘(2) RECORDING CHANGES.—Not later than cess of $1,000,000 that the Agency enters into and Urban Development, and other appro- 10 days after the last day of each month during the previous month, including— priate agencies, conduct a study and develop until a mission assignment or mission as- ‘‘(i) the name of the party; a plan, consistent with law, under which the signment task order described in paragraph ‘‘(ii) the date the contract was awarded; collection of information from disaster as- (1) is completed and closed out, the Adminis- ‘‘(iii) the amount and scope of the con- sistance applicants and grantees will be trator shall update any changes to the total tract; modified, streamlined, expedited, consoli- cost estimate and the amount obligated. ‘‘(iv) if the contract was awarded through dated, and simplified to be less burdensome, ‘‘(c) DISASTER RELIEF MONTHLY REPORT.— competitive bidding process; duplicative, and time consuming, and more Not later than 10 days after the first day of ‘‘(v) if no competitive bidding process was efficient and flexible, for applicants and each month, the Administrator shall publish used, the reason why competitive bidding grantees; reports on the website of the Agency, includ- was not used; and (2) in coordination with the Small Business ing a specific description of the methodology ‘‘(vi) the authority used to bypass the com- Administration, the Department of Housing and the source data used in developing such petitive bidding process. and Urban Development, and other appro- reports, including— ‘‘(B) REQUIREMENT.—The information re- priate agencies, develop a plan for the reg- ‘‘(1) an estimate of the amounts for the fis- quired to be published under subparagraph ular collection and reporting of information cal year covered by the President’s most re- (A) shall be delineated by major disaster, if on Federal disaster assistance awarded, in- cent budget pursuant to section 1105(a) of applicable, and specify the damage category cluding the establishment and maintenance title 31, United States Code, including— code, if applicable. of a website for presenting the information ‘‘(A) the unobligated balance of funds to be ‘‘(2) REPORT.—Not later than 10 days after to the public; and carried over from the prior fiscal year to the the last day of the fiscal year, the Adminis- (3) submit to the Committee on Transpor- budget year; trator shall provide a report to the Com- tation and Infrastructure of the House of ‘‘(B) the unobligated balance of funds to be mittee on Homeland Security and Govern- Representatives and the Committee on carried over from the budget year to the mental Affairs of the Senate and the Com- Homeland Security and Governmental Af- year after the budget year; mittee on Transportation and Infrastructure fairs of the Senate— ‘‘(C) the amount of obligations for non- of the House of Representatives summarizing (A) the plans developed under paragraphs catastrophic events for the budget year; the following information for the preceding (1) and (2); and ‘‘(D) the amount of obligations for the fiscal year: (B) recommendations, if any, of the Admin- budget year for catastrophic events, as de- ‘‘(A) The number of contracts awarded istrator for legislative changes to streamline fined under the National Response Frame- without competitive bidding. or consolidate the collection or reporting of work, delineated by event and by State; ‘‘(B) The reasons why a competitive bid- information, as described in paragraphs (1) ‘‘(E) the total amount that has been pre- ding process was not used. and (2). viously obligated or will be required for cat- ‘‘(C) The total amount of contracts award- SEC. 1518. AGENCY ACCOUNTABILITY. astrophic events delineated by event and by ed with no competitive bidding. Title IV of the Robert T. Stafford Disaster State for all prior years, the current fiscal ‘‘(D) The damage category codes, if appli- Relief and Emergency Assistance Act (42 year, the budget year, and each fiscal year cable, for contracts awarded without com- U.S.C. 5170 et seq.) is amended by adding at thereafter; petitive bidding.’’. the end the following: ‘‘(F) the amount of previously obligated SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE ‘‘SEC. 430. AGENCY ACCOUNTABILITY. funds that will be recovered for the budget PREDISASTER HAZARD MITIGATION. ‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 year; (a) PREDISASTER HAZARD MITIGATION.—Sec- days after the date on which an award of a ‘‘(G) the amount that will be required for tion 203 of the Robert T. Stafford Disaster public assistance grant is made under sec- obligations for emergencies, major disasters, Relief and Emergency Assistance Act (42 tion 406 that is in excess of $1,000,000, the Ad- fire management assistance grants, as de- U.S.C. 5133) is amended— ministrator of the Federal Emergency Man- scribed in section 420, surge activities, and (1) in subsection (c) by inserting ‘‘Public agement Agency (referred to in this section disaster readiness and support activities; and Infrastructure’’ after ‘‘the National’’; as the ‘Administrator’) shall publish on the ‘‘(H) the amount required for activities not (2) in subsection (e)(1)(B)— website of the Federal Emergency Manage- covered under section 251(b)(2)(D)(iii) of the (A) in clause (ii), by striking ‘‘or’’ at the ment Agency (referred to in this section as Balanced Budget and Emergency Deficit end; the ‘Agency’) the specifics of each such grant Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); (B) in clause (iii), by striking the period award, including identifying— ‘‘(2) a summary of the amount for disaster and inserting ‘‘; or’’; and ‘‘(1) the Federal Emergency Management relief of— (C) by adding at the end the following: Agency Region; ‘‘(A) appropriations made available by ‘‘(iv) to establish and carry out enforce- ‘‘(2) the major disaster or emergency dec- source; ment activities to implement the latest pub- laration number; ‘‘(B) the transfers executed; lished editions of relevant consensus-based

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Stafford tional Response Framework’’; and on a competitive basis pursuant to para- Disaster Relief and Emergency Assistance (ii) in paragraph (3)(A), by striking ‘‘Na- graph (1).’’; Act (42 U.S.C. 5170); tional Response Plan’’ and inserting ‘‘Na- (4) in subsection (g), in the matter pre- (C) an expenditure plan detailing— tional Response Framework’’; and ceding paragraph (1), by inserting ‘‘provide (i) anticipated application guidelines for financial assistance only in States that have grantees; (B) in subsection (f)(1)(G), by striking ‘‘Na- received a major disaster declaration during (ii) a period of performance schedule; tional Response Plan’’ and inserting ‘‘Na- the previous 7-year period and’’ after ‘‘Presi- (iii) anticipated project life cycle costs and tional Response Framework’’; dent shall’’; expected expenditure rates; (5) in section 508 (6 U.S.C. 318)— (5) by striking subsection (i) and inserting (iv) planning requirements for grantees; (A) in subsection (b)(1), by striking ‘‘Na- (v) a program schedule to ensure that the the following: tional Response Plan’’ and inserting ‘‘Na- annual fund carryover does not exceed tional Response Framework’’; and ‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE $100,000,000; and (B) in subsection (d)(2)(A), by striking PREDISASTER MITIGATION ASSISTANCE.— (vi) a program review and investigation ‘‘The Deputy Administrator, Protection and ‘‘(1) IN GENERAL.—The President may set schedule to prevent waste, fraud, and abuse; aside from the Disaster Relief Fund, with re- National Preparedness’’ and inserting ‘‘A (D) an assessment of how the amendments Deputy Administrator’’; spect to each major disaster, an amount could be implemented to encourage mitiga- equal to 6 percent of the estimated aggregate (6) in section 509 (6 U.S.C. 319)— tion that addresses risks to the most costly (A) in subsection (b)— amount of the grants to be made pursuant to disaster impacts in order to reduce— sections 403, 406, 407, 408, 410, and 416 for the (i) in paragraph (1)— (i) impacts on the Disaster Relief Fund and (I) by striking ‘‘National Response Plan’’ major disaster in order to provide technical the public assistance grant program, in par- and financial assistance under this section. and inserting ‘‘National Response Frame- ticular grants to mitigate damage to infra- work, National Protection Framework, Na- ‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not structure and buildings; and later than 180 days after each major disaster tional Prevention Framework, National (ii) Federal expenditures for future major Mitigation Framework, National Recovery declaration pursuant to this Act, the esti- disasters declared under section 401 the Rob- mated aggregate amount of grants for pur- Framework’’; ert T. Stafford Disaster Relief and Emer- (II) by striking ‘‘successor’’ and inserting poses of paragraph (1) shall be determined by gency Assistance Act (42 U.S.C. 5170); and ‘‘successors’’; and the President and such estimated amount (E) an assessment of the appropriate bal- (III) by striking ‘‘plan’’ at the end of that need not be reduced, increased, or changed ance of expenditures under section 203(i) of paragraph and inserting ‘‘framework’’; and due to variations in estimates. the Robert T. Stafford Disaster Relief and (ii) in paragraph (2), by striking ‘‘National ‘‘(3) NO REDUCTION IN AMOUNTS.—The Emergency Assistance Act (42 U.S.C. 5133(i)), Response Plan’’ each place the term appears amount set aside pursuant to paragraph (1) as amended by subsection (a), for planning and inserting ‘‘National Response Frame- shall not reduce the amounts otherwise and for projects; and work’’; and made available for sections 403, 404, 406, 407, (F) the strategy by which project will be (B) in subsection (c)(1)— 408, 410, and 416 under this Act.’’; weighted and applications assessed to in- (i) in subparagraph (A)— (6) by striking subsections (j) and (m); and clude repetitive loss, location, elevation, (I) in the subparagraph heading, by strik- (7) by redesignating subsections (k), (l), overall risk, and the ability for a grantee to and (n) as subsections (j), (k), and (l), respec- make complementary investments in other ing ‘‘NATIONAL RESPONSE PLAN’’ and inserting tively. mitigation efforts. ‘‘NATIONAL RESPONSE FRAMEWORK’’; and (II) by striking ‘‘National Response Plan’’ (b) APPLICABILITY.—The amendments made SEC. 1520. TECHNICAL AMENDMENTS TO NA- to section 203 of the Robert T. Stafford Dis- TIONAL EMERGENCY MANAGEMENT. and inserting ‘‘National Response Frame- aster Relief and Emergency Assistance Act (a) HOMELAND SECURITY ACT OF 2002.—The work’’; and (42 U.S.C. 5133) by paragraphs (3) and (5) of Homeland Security Act of 2002 (6 U.S.C. 101 (ii) in subparagraph (B), by striking ‘‘Na- subsection (a) of this Act shall apply to et seq.) is amended— tional Response Plan’’ and inserting ‘‘Na- funds appropriated after the date of enact- (1) in section 501(8) (6 U.S.C. 311(8))— tional Response Framework’’; ment of this Act. (A) by striking ‘‘National Response Plan’’ (7) in section 510 (6 U.S.C. 320)— (c) REPORT.— each place the term appears and inserting (A) in subsection (a), by striking ‘‘enter (1) DEFINITIONS.—In this subsection— ‘‘National Response Framework’’; and into a memorandum of understanding’’ and (A) the term ‘‘Administrator’’ means the (B) by striking ‘‘502(a)(6)’’ and inserting inserting ‘‘partner’’; Administrator of the Federal Emergency ‘‘504(a)(6)’’; (B) in subsection (b)(1)(A), by striking ‘‘Na- Management Agency; (2) in section 503(b)(2)(A) (6 U.S.C. tional Response Plan’’ and inserting ‘‘Na- (B) the term ‘‘appropriate committees of 313(b)(2)(A)) by inserting ‘‘and incidents im- tional Response Framework’’; and Congress’’ means— pacting critical infrastructure’’ before the (C) in subsection (c), by striking ‘‘National (i) the Committee on Homeland Security semicolon; Response Plan’’ and inserting ‘‘National Re- and Governmental Affairs of the Senate; (3) in section 504(a) (6 U.S.C. 314(a))— sponse Framework’’; (ii) the Committee on Appropriations of (A) in paragraph (3) by striking ‘‘, includ- (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), the Senate; ing—’’ and inserting ‘‘(which shall include by striking ‘‘and local’’ each place the term (iii) the Committee on Transportation and incidents impacting critical infrastructure), appears and inserting ‘‘, local, and tribal’’; Infrastructure of the House of Representa- including—’’; (9) by striking section 524 (6 U.S.C. 321m); tives; and (B) in paragraph (4) by inserting ‘‘, includ- (10) in section 525 (6 U.S.C. 321n), by strik- (iv) the Committee on Appropriations of ing incidents impacting critical infrastruc- ing ‘‘Secretary’’ each place it appears and in- the House of Representatives; and ture’’ before the semicolon; serting ‘‘Administrator’’; and

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(11) in section 706(b)(1), as redesignated by follow to maintain the integrity of the pub- (2) REQUIREMENTS.—The process required section 1142 of this Act, by striking ‘‘Na- lic alert and warning system, including— to be established under paragraph (1) shall tional Response Plan’’ and inserting ‘‘Na- ‘‘(I) the procedures for State, tribal, and include— tional Response Framework’’. local government officials to authenticate (A) the ability to test an incident manage- (b) CONFORMING AMENDMENT.—The table of civil emergencies and initiate, modify, and ment and warning tool in the public alert contents in section 1(b) of the Homeland Se- cancel alerts transmitted through the public and warning system lab; curity Act of 2002 (Public Law 107–296; 116 alert and warning system, including proto- (B) the ability to certify that an incident Stat. 2135) is amended by striking the item cols and technology capabilities for— management and warning tool complies with relating to section 524. ‘‘(aa) the initiation, or prohibition on the the applicable cyber frameworks of the De- (c) POST-KATRINA EMERGENCY MANAGEMENT initiation, of alerts by a single authorized or partment of Homeland Security and the Na- REFORM ACT OF 2006.— unauthorized individual; and tional Institute of Standards and Tech- (1) CITATION CORRECTION.—Section 602(13) of ‘‘(bb) testing a State, tribal, or local gov- nology; the Post-Katrina Emergency Management ernment incident management and warning (C) a process to certify developers of emer- Reform Act of 2006 (6 U.S.C. 701(13)) is gency management software; and amended— tool without accidentally initiating an alert through the public alert and warning sys- (D) requiring developers to provide the Ad- (A) by striking ‘‘National Response Plan’’ ministrator with a copy of and rights of use each place the term appears and inserting tem; for ongoing testing of each version of inci- ‘‘National Response Framework’’; and ‘‘(II) the standardization, functionality, dent management and warning tool software (B) by striking ‘‘502(a)(6)’’ and inserting and interoperability of incident management before the software is first used by a State, ‘‘504(a)(6)’’. and warning tools used by State, tribal, and tribal, or local government. (2) CHANGE OF REFERENCE.—Chapter 1 of local governments to notify the public of an subtitle C of title VI of the Post-Katrina emergency through the public alert and (e) REVIEW AND UPDATE OF MEMORANDA OF Emergency Management Reform Act of 2006 warning system; UNDERSTANDING.— (Public Law 109–295) is amended by striking ‘‘(III) the training and recertification of (1) IN GENERAL.—The Administrator shall ‘‘National Response Plan’’ each place the emergency management personnel on best review the memoranda of understanding be- term appears and inserting ‘‘National Re- practices for originating and transmitting an tween the Agency and State, tribal, and sponse Framework’’. alert through the public alert and warning local governments with respect to the public (d) PUBLIC HEALTH SERVICE ACT.—Section system; and alert and warning system to ensure that all 2801(a) of the Public Health Service Act (42 ‘‘(IV) the procedures, protocols, and guid- agreements ensure compliance with any U.S.C. 300hh(a)) is amended by striking ‘‘the ance concerning the protective action plans minimum requirements established by the National Response Plan developed pursuant that State, tribal, and local governments Administrator under subsection (c)(2). to section 502(6) of the Homeland Security should issue to the public following an alert (2) FUTURE MEMORANDA.—The Adminis- Act of 2002’’ and inserting ‘‘the National Re- issued under the public alert and warning trator shall ensure that any new memo- sponse Framework developed pursuant to system.’’; randum of understanding entered into be- section 504(a)(6) of the Homeland Security (B) in paragraph (7)— tween the Agency and a State, tribal, or Act of 2002 (2 U.S.C. 314(a)(6))’’. (i) in subparagraph (A)— local government on or after the date of en- (e) DEFENSE AGAINST WEAPONS OF MASS (I) by striking ‘‘Not later than’’ and insert- actment of this Act with respect to the pub- DESTRUCTION ACT OF 1996.—Section 1414(b) of ing the following: lic alert and warning system ensures that the Defense Against Weapons of Mass De- ‘‘(i) INITIAL REPORT.—Not later than’’; the agreement requires compliance with any struction Act of 1996 (50 U.S.C. 2314(b)) is (II) in clause (i), as so designated, by strik- minimum requirements established by the amended, in the first sentence, by striking ing ‘‘paragraph (6)’’ and inserting ‘‘clauses (i) Administrator under subsection (c)(2). ‘‘National Response Plan prepared pursuant and (ii) of paragraph (6)(B)’’; and (f) MISSILE ALERT AND WARNING AUTHORI- to section 502(6) of the Homeland Security (III) by adding at the end the following: TIES.— Act of 2002 (6 U.S.C. 312(6))’’ and inserting ‘‘(ii) SECOND REPORT.—Not later than 18 (1) IN GENERAL.— ‘‘National Response Framework prepared months after the date of enactment of the (A) AUTHORITY.—Beginning on the date pursuant to section 504(a)(6) of the Homeland Department of Homeland Security Author- that is 120 days after the date of enactment Security Act of 2002 (6 U.S.C. 314(a)(6))’’ ization Act, the Subcommittee shall submit of this Act, the authority to originate an (f) SAVINGS CLAUSE.—The amendments to the National Advisory Council a report alert warning the public of a missile launch made by subsection (a) to section 503(b)(2)(A) containing any recommendations required to and paragraphs (3) and (4) of section 504(a) of directed against a State using the public be developed under paragraph (6)(B)(iii) for the Homeland Security Act of 2002 shall not alert and warning system shall reside pri- approval by the National Advisory Council.’’; be construed as affecting the authority, ex- marily with the Federal Government. and isting on the day before the date of enact- (B) DELEGATION OF AUTHORITY.—The Sec- ment of this Act, of any other component of (ii) in subparagraph (B), by striking ‘‘re- retary of Homeland Security may delegate the Department of Homeland Security or port’’ each place that term appears and in- to a State, tribal, or local entity the author- any other Federal department or agency. serting ‘‘reports’’; and ity described in subparagraph (A), if, not (C) in paragraph (8), by striking ‘‘3’’ and in- SEC. 1521. INTEGRATED PUBLIC ALERT AND later than 60 days after the end of the 120- WARNING SYSTEM SUBCOMMITTEE. serting ‘‘5’’; and day period described in subparagraph (A), the (a) DEFINITIONS.—In this section— (2) in subsection (c), by striking ‘‘and 2018’’ Secretary of Homeland Security reports to (1) the term ‘‘Administrator’’ means the and inserting ‘‘2018, 2019, 2020, and 2021’’. the Committee on Homeland Security and Administrator of the Agency; (c) INTEGRATED PUBLIC ALERT AND WARNING Governmental Affairs of the Senate and the Committee on Homeland Security of the (2) the term ‘‘Agency’’ means the Federal SYSTEM PARTICIPATORY REQUIREMENTS.—The House of Representatives that— Emergency Management Agency; Administrator shall— (i) it is not feasible for the Federal govern- (3) the term ‘‘public alert and warning sys- (1) consider the recommendations sub- ment to alert the public of a missile threat tem’’ means the integrated public alert and mitted by the Integrated Public Alert and against a State; or warning system of the United States de- Warning System Subcommittee to the Na- (ii) it is not in the national security inter- scribed in section 526 of the Homeland Secu- tional Advisory Council under section 2(b)(7) est of the United States for the Federal gov- rity Act of 2002 (6 U.S.C. 321o); and of the Integrated Public Alert and Warning ernment to alert the public of a missile (4) the term ‘‘State’’ means any State of System Modernization Act of 2015 (Public threat against a State. the United States, the District of Columbia, Law 114–143; 130 Stat. 331), as amended by (C) ACTIVATION OF SYSTEM.—Upon the Commonwealth of Puerto Rico, the Vir- subsection (b) of this Act; and verification of a missile threat, the Presi- gin Islands, Guam, American Samoa, the (2) not later than 120 days after the date on dent, utilizing established authorities, proto- Commonwealth of the Northern Mariana Is- which the recommendations described in cols, and procedures, may activate the public lands, and any possession of the United paragraph (1) are submitted, establish min- alert and warning system. States. imum requirements for State, tribal, and (2) REQUIRED PROCESSES.—The Secretary of (b) INTEGRATED PUBLIC ALERT AND WARN- local governments to participate in the pub- Homeland Security, acting through the Ad- ING SYSTEM SUBCOMMITTEE.—Section 2 of the lic alert and warning system consistent with Integrated Public Alert and Warning System ministrator, shall establish a process to all public notice rules and regulations. Modernization Act of 2015 (Public Law 114– promptly notify a State warning point, and 143; 130 Stat. 327) is amended— (d) INCIDENT MANAGEMENT AND WARNING any State entities that the Administrator (1) in subsection (b)— TOOL VALIDATION.— determines appropriate, of follow-up actions (A) in paragraph (6)(B)— (1) IN GENERAL.—The Administrator shall to a missile launch alert so the State may (i) in clause (i), by striking ‘‘and’’ at the establish a process to ensure that an inci- take appropriate action to protect the end; dent management and warning tool used by health, safety, and welfare of the residents of (ii) in clause (ii)(VII), by striking the pe- a State, tribal, or local government to origi- the State following the issuance of an alert riod at the end and inserting ‘‘; and’’; and nate and transmit an alert through the pub- described in paragraph (1)(A) for that State. (iii) by adding at the end the following: lic alert and warning system meets the min- (3) GUIDANCE.—The Secretary of Homeland ‘‘(iii) recommendations for best practices imum requirements established by the Ad- Security, acting through the Administrator, of State, tribal, and local governments to ministrator under subsection (c)(2). shall work with the Governor of a State

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3816 CONGRESSIONAL RECORD — SENATE June 12, 2018 warning point to develop and implement ap- the term in section 102(5) of the Cybersecu- ‘‘(3) carry out the responsibilities of the propriate protective action plans to respond rity Act of 2015 (contained in division N of Secretary to secure Federal information and to an alert described in paragraph (1)(A) for the Consolidated Appropriations Act, 2016 information systems consistent with law, in- that State. (Public Law 114–113; 6 U.S.C. 1501)). cluding subchapter II of chapter 35 of title 44, (4) STUDY AND REPORT.—Not later than 1 ‘‘(4) NATIONAL CYBERSECURITY ASSET RE- United States Code, and the Cybersecurity year after the date of enactment of this Act, SPONSE ACTIVITIES.—The term ‘national cy- Act of 2015 (contained in division N of the the Secretary of Homeland Security shall— bersecurity asset response activities’ Consolidated Appropriations Act, 2016 (Pub- (A) examine the feasibility of establishing means— lic Law 114–113)); an alert designation under the public alert ‘‘(A) furnishing cybersecurity technical as- ‘‘(4) coordinate a national effort to secure and warning system that would be used to sistance to entities affected by cybersecurity and protect against critical infrastructure alert and warn the public of a missile threat risks to protect assets, mitigate risks, consistent with subsection (e)(1)(E); while concurrently alerting a State warning vulnerabilities, and reduce impacts of cyber ‘‘(5) oversee the EMP and GMD planning point so that a State may activate related incidents; and protection and preparedness activities of protective action plans; and ‘‘(B) identifying other entities that may be the Agency; (B) submit a report of the findings under at risk of an incident and assessing risk to ‘‘(6) upon request, provide analyses, exper- subparagraph (A), including of the costs and the same or similar vulnerabilities; tise, and other technical assistance to crit- timeline for taking action to implement an ‘‘(C) assessing potential cybersecurity ical infrastructure owners and operators and, alert designation described in paragraph (1), risks to a sector or region, including poten- where appropriate, provide those analyses, to— tial cascading effects, and developing courses expertise, and other technical assistance in (i) the Subcommittee on Homeland Secu- of action to mitigate such risks; coordination with Sector-Specific Agencies rity of the Committee on Appropriations of ‘‘(D) facilitating information sharing and and other Federal departments and agencies; the Senate; operational coordination with threat re- ‘‘(7) develop and utilize mechanisms for ac- (ii) the Committee on Homeland Security sponse; and tive and frequent collaboration between the and Governmental Affairs of the Senate; ‘‘(E) providing guidance on how best to uti- Agency and Sector-Specific Agencies to en- (iii) the Subcommittee on Homeland Secu- lize Federal resources and capabilities in a sure appropriate coordination, situational rity of the Committee on Appropriations of timely, effective manner to speed recovery awareness, and communications with Sector- the House of Representatives; and from cybersecurity risks. Specific Agencies; (iv) the Committee on Homeland Security ‘‘(5) SECTOR-SPECIFIC AGENCY.—The term ‘‘(8) maintain and utilize mechanisms for of the House of Representatives. ‘Sector-Specific Agency’ means a Federal de- the regular and ongoing consultation and (g) AWARENESS OF ALERTS AND WARNINGS.— partment or agency, designated by law or collaboration among the Divisions of the Not later than 1 year after the date of enact- presidential directive, with responsibility for Agency to further operational coordination, ment of this Act, the Administrator shall— providing institutional knowledge and spe- integrated situational awareness, and im- (1) conduct a review of— cialized expertise of a sector, as well as lead- proved integration across the Agency in ac- (A) the Emergency Operations Center of ing, facilitating, or supporting programs and cordance with this Act; the Agency; and associated activities of its designated crit- ‘‘(9) develop, coordinate, and implement— (B) the National Watch Center and each ical infrastructure sector in the all hazards ‘‘(A) comprehensive strategic plans for the Regional Watch Center of the Agency; and environment in coordination with the De- activities of the Agency; and (2) submit to the Committee on Homeland partment. ‘‘(B) risk assessments by and for the Agen- Security and Governmental Affairs of the ‘‘(6) SHARING.—The term ‘sharing’ has the cy; Senate and the Committee on Homeland Se- meaning given the term in section 2209. ‘‘(10) carry out emergency communications curity of the House of Representatives a re- ‘‘SEC. 2202. CYBERSECURITY AND INFRASTRUC- responsibilities, in accordance with title port on the review conducted under para- TURE SECURITY AGENCY. XVIII; graph (1), which shall include— ‘‘(a) REDESIGNATION.— ‘‘(11) carry out cybersecurity, infrastruc- (A) an assessment of the technical capa- ‘‘(1) IN GENERAL.—The National Protection ture security, and emergency communica- bility of the Emergency Operations Center and Programs Directorate of the Department tions stakeholder outreach and engagement and the National and Regional Watch Cen- shall, on and after the date of the enactment and coordinate that outreach and engage- ters described in paragraph (1) to be notified of this subtitle, be known as the ‘Cybersecu- ment with critical infrastructure Sector- of alerts and warnings issued by a State rity and Infrastructure Security Agency’ (in Specific Agencies, as appropriate; through the public alert and warning sys- this subtitle referred to as the ‘Agency’). ‘‘(12) oversee an integrated analytical ap- tem; ‘‘(2) REFERENCES.—Any reference to the proach to physical and cyber infrastructure (B) a determination of which State alerts National Protection and Programs Direc- analysis; and and warnings the Emergency Operations torate of the Department in any law, regula- ‘‘(13) carry out such other duties and pow- Center and the National and Regional Watch tion, map, document, record, or other paper ers prescribed by law or delegated by the Centers described in paragraph (1) should be of the United States shall be deemed to be a Secretary. aware of; and reference to the Cybersecurity and Infra- ‘‘(d) DEPUTY DIRECTOR.—There shall be in (C) recommendations for improving the structure Security Agency of the Depart- the Agency a Deputy Director of Cybersecu- rity and Infrastructure Security who shall— ability of the National and Regional Watch ment. ‘‘(b) DIRECTOR.— ‘‘(1) assist the Director in the management Centers described in paragraph (1) to receive ‘‘(1) IN GENERAL.—The Agency shall be of the Agency; and any State alerts and warnings that the Ad- headed by a Director of Cybersecurity and ‘‘(2) report to the Director. ministrator determines are appropriate. ‘‘(e) CYBERSECURITY AND INFRASTRUCTURE (h) TIMELINE FOR COMPLIANCE.—Each State Infrastructure Security (in this subtitle re- SECURITY AUTHORITIES OF THE SECRETARY.— shall be given a reasonable amount of time ferred to as the ‘Director’), who shall report to comply with any new rules, regulations, to the Secretary. ‘‘(1) IN GENERAL.—The responsibilities of or requirements imposed under this section ‘‘(2) REFERENCE.—Any reference to an the Secretary relating to cybersecurity and or the amendments made by this section. Under Secretary responsible for overseeing infrastructure security shall include the fol- critical infrastructure protection, cybersecu- lowing: TITLE VI—CYBERSECURITY AND rity, and any other related program of the ‘‘(A) To access, receive, and analyze law INFRASTRUCTURE SECURITY AGENCY Department as described in section enforcement information, intelligence infor- SEC. 1601. CYBERSECURITY AND INFRASTRUC- 103(a)(1)(H) as in effect on the day before the mation, and other information from Federal TURE SECURITY AGENCY. date of enactment of this subtitle in any law, Government agencies, State, local, tribal, (a) IN GENERAL.—The Homeland Security and territorial government agencies, includ- Act of 2002 (6 U.S.C. 101 et seq.) is amended regulation, map, document, record, or other ing law enforcement agencies, and private by adding at the end the following: paper of the United States shall be deemed to be a reference to the Director of Cyberse- sector entities, and to integrate that infor- ‘‘TITLE XXII—CYBERSECURITY AND curity and Infrastructure Security of the De- mation, in support of the mission respon- INFRASTRUCTURE SECURITY AGENCY partment. sibilities of the Department, in order to— ‘‘Subtitle A—Cybersecurity and ‘‘(c) RESPONSIBILITIES.—The Director ‘‘(i) identify and assess the nature and Infrastructure Security shall— scope of terrorist threats to the homeland; ‘‘SEC. 2201. DEFINITIONS. ‘‘(1) lead cybersecurity and critical infra- ‘‘(ii) detect and identify threats of ter- ‘‘In this subtitle: structure security programs, operations, and rorism against the United States; and ‘‘(1) CRITICAL INFRASTRUCTURE INFORMA- associated policy for the Agency, including ‘‘(iii) understand those threats in light of TION.—The term ‘critical infrastructure in- national cybersecurity asset response activi- actual and potential vulnerabilities of the formation’ has the meaning given the term ties; homeland. in section 2222. ‘‘(2) coordinate with Federal entities, in- ‘‘(B) To carry out comprehensive assess- ‘‘(2) CYBERSECURITY RISK.—The term ‘cy- cluding Sector-Specific Agencies, and non- ments of the vulnerabilities of the key re- bersecurity risk’ has the meaning given the Federal entities, including international en- sources and critical infrastructure of the term in section 2209. tities, to carry out the cybersecurity and United States, including the performance of ‘‘(3) CYBERSECURITY THREAT.—The term critical infrastructure activities of the Agen- risk assessments to determine the risks ‘cybersecurity threat’ has the meaning given cy, as appropriate; posed by particular types of terrorist attacks

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3817 within the United States, including an as- ‘‘(L) To establish and utilize, in conjunc- agreements for the purpose of detailing per- sessment of the probability of success of tion with the Chief Information Officer of sonnel under this paragraph. those attacks and the feasibility and poten- the Department, a secure communications ‘‘(D) BASIS.—The detail of personnel under tial efficacy of various countermeasures to and information technology infrastructure, this paragraph may be on a reimbursable or those attacks. At the discretion of the Sec- including data-mining and other advanced non-reimbursable basis. retary, such assessments may be carried out analytical tools, in order to access, receive, ‘‘(f) COMPOSITION.—The Agency shall be in coordination with Sector-Specific Agen- and analyze data and information in further- composed of the following divisions: cies. ance of the responsibilities under this sec- ‘‘(1) The Cybersecurity Division, headed by ‘‘(C) To integrate relevant information, tion, and to disseminate information ac- an Assistant Director. analysis, and vulnerability assessments, re- quired and analyzed by the Department, as ‘‘(2) The Infrastructure Security Division, gardless of whether the information, anal- appropriate. headed by an Assistant Director. ysis, or assessments are provided or produced ‘‘(M) To coordinate training and other sup- ‘‘(3) The Emergency Communications Divi- by the Department, in order to make rec- port to the elements and personnel of the De- sion under title XVIII, headed by an Assist- ommendations, including prioritization, for partment, other Federal Government agen- ant Director. protective and support measures by the De- cies, and State, local, tribal, and territorial ‘‘(g) CO-LOCATION.— partment, other Federal Government agen- government agencies that provide informa- ‘‘(1) IN GENERAL.—To the maximum extent cies, State, local, tribal, and territorial gov- tion to the Department, or are consumers of practicable, the Director shall examine the ernment agencies and authorities, the pri- information provided by the Department, in establishment of central locations in geo- vate sector, and other entities regarding ter- order to facilitate the identification and graphical regions with a significant Agency rorist and other threats to homeland secu- sharing of information revealed in their ordi- presence. rity. nary duties and the optimal utilization of in- ‘‘(2) COORDINATION.—When establishing the ‘‘(D) To ensure, pursuant to section 202, the formation received from the Department. central locations described in paragraph (1), timely and efficient access by the Depart- ‘‘(N) To coordinate with Federal, State, the Director shall coordinate with compo- ment to all information necessary to dis- local, tribal, and territorial law enforcement nent heads and the Under Secretary for Man- charge the responsibilities under this title, agencies, and the private sector, as appro- agement to co-locate or partner on any new including obtaining that information from real property leases, renewing any occu- other Federal Government agencies. priate. ‘‘(O) To exercise the authorities and over- pancy agreements for existing leases, or ‘‘(E) To develop, in coordination with the agreeing to extend or newly occupy any Fed- Sector-Specific Agencies with available ex- sight of the functions, personnel, assets, and liabilities of those components transferred eral space or new construction. pertise, a comprehensive national plan for ‘‘(h) PRIVACY.— securing the key resources and critical infra- to the Department pursuant to section 201(g). ‘‘(1) IN GENERAL.—There shall be a Privacy structure of the United States, including Officer of the Agency with primary responsi- power production, generation, and distribu- ‘‘(P) To carry out the functions of the na- tional cybersecurity and communications in- bility for privacy policy and compliance for tion systems, information technology and the Agency. telecommunications systems (including sat- tegration center under section 2209. ‘‘(Q) To carry out the requirements of the ‘‘(2) RESPONSIBILITIES.—The responsibil- ellites), electronic financial and property ities of the Privacy Officer of the Agency record storage and transmission systems, Chemical Facility Anti-Terrorism Standards shall include— emergency communications systems, and the Program established under title XXI and the ‘‘(A) ensuring that the use of technologies physical and technological assets that sup- secure handling of ammonium nitrate pro- by the Agency sustain, and do not erode, pri- port those systems. gram established under subtitle J of title vacy protections relating to the use, collec- ‘‘(F) To recommend measures necessary to VIII, or any successor programs. tion, and disclosure of personal information; protect the key resources and critical infra- ‘‘(2) REALLOCATION.—The Secretary may ‘‘(B) ensuring that personal information structure of the United States in coordina- reallocate within the Agency the functions contained in systems of records of the Agen- tion with other Federal Government agen- specified in sections 2203(b) and 2204(b), con- cy is handled in full compliance as specified cies, including Sector-Specific Agencies, and sistent with the responsibilities provided in in section 552a of title 5, United States Code in cooperation with State, local, tribal, and paragraph (1), upon certifying to and briefing territorial government agencies and authori- the appropriate congressional committees, (commonly known as the ‘Privacy Act of ties, the private sector, and other entities. and making available to the public, not less 1974’); ‘‘(G) To review, analyze, and make rec- than 60 days before the reallocation that the ‘‘(C) evaluating legislative and regulatory ommendations for improvements to the poli- reallocation is necessary for carrying out the proposals involving collection, use, and dis- cies and procedures governing the sharing of activities of the Agency. closure of personal information by the Agen- information relating to homeland security ‘‘(3) STAFF.— cy; and within the Federal Government and between ‘‘(A) IN GENERAL.—The Secretary shall pro- ‘‘(D) conducting a privacy impact assess- Federal Government agencies and State, vide the Agency with a staff of analysts hav- ment of proposed rules of the Agency on the local, tribal, and territorial government ing appropriate expertise and experience to privacy of personal information, including agencies and authorities. assist the Agency in discharging the respon- the type of personal information collected ‘‘(H) To disseminate, as appropriate, infor- sibilities of the Agency under this section. and the number of people affected. mation analyzed by the Department within ‘‘(B) PRIVATE SECTOR ANALYSTS.—Analysts ‘‘(i) SAVINGS.—Nothing in this title may be the Department to other Federal Govern- under this subsection may include analysts construed as affecting in any manner the au- ment agencies with responsibilities relating from the private sector. thority, existing on the day before the date to homeland security and to State, local, ‘‘(C) SECURITY CLEARANCES.—Analysts of enactment of this title, of any other com- tribal, and territorial government agencies under this subsection shall possess security ponent of the Department or any other Fed- and private sector entities with those re- clearances appropriate for their work under eral department or agency. sponsibilities in order to assist in the deter- this section. ‘‘SEC. 2203. CYBERSECURITY DIVISION. rence, prevention, or preemption of, or re- ‘‘(4) DETAIL OF PERSONNEL.— ‘‘(a) ESTABLISHMENT.— sponse to, terrorist attacks against the ‘‘(A) IN GENERAL.—In order to assist the ‘‘(1) IN GENERAL.—There is established in United States. Agency in discharging the responsibilities of the Agency a Cybersecurity Division. ‘‘(I) To consult with State, local, tribal, the Agency under this section, personnel of ‘‘(2) ASSISTANT DIRECTOR.—The Cybersecu- and territorial government agencies and pri- the Federal agencies described in subpara- rity Division shall be headed by an Assistant vate sector entities to ensure appropriate ex- graph (B) may be detailed to the Agency for Director for Cybersecurity (in this section changes of information, including law en- the performance of analytic functions and referred to as the ‘Assistant Director’), who forcement-related information, relating to related duties. shall— threats of terrorism against the United ‘‘(B) AGENCIES.—The Federal agencies de- ‘‘(A) be at the level of Assistant Secretary States. scribed in this subparagraph are— within the Department; ‘‘(J) To ensure that any material received ‘‘(i) the Department of State; ‘‘(B) be appointed by the President without pursuant to this Act is protected from unau- ‘‘(ii) the Central Intelligence Agency; the advice and consent of the Senate; and thorized disclosure and handled and used ‘‘(iii) the Federal Bureau of Investigation; ‘‘(C) report to the Director. only for the performance of official duties. ‘‘(iv) the National Security Agency; ‘‘(3) REFERENCE.—Any reference to the As- ‘‘(K) To request additional information ‘‘(v) the National Geospatial-Intelligence sistant Secretary for Cybersecurity and from other Federal Government agencies, Agency; Communications in any law, regulation, State, local, tribal, and territorial govern- ‘‘(vi) the Defense Intelligence Agency; map, document, record, or other paper of the ment agencies, and the private sector relat- ‘‘(vii) Sector-Specific Agencies; and United States shall be deemed to be a ref- ing to threats of terrorism in the United ‘‘(viii) any other agency of the Federal erence to the Assistant Director for Cyberse- States, or relating to other areas of responsi- Government that the President considers ap- curity. bility assigned by the Secretary, including propriate. ‘‘(b) FUNCTIONS.—The Assistant Director the entry into cooperative agreements ‘‘(C) INTERAGENCY AGREEMENTS.—The Sec- shall— through the Secretary to obtain that infor- retary and the head of a Federal agency de- ‘‘(1) direct the cybersecurity efforts of the mation. scribed in subparagraph (B) may enter into Agency;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3818 CONGRESSIONAL RECORD — SENATE June 12, 2018 ‘‘(2) carry out activities, at the direction of shall be deemed to be a reference to the infrastructure against electromagnetic the Director, related to the security of Fed- Emergency Communications Division; and threats. eral information and Federal information (2) the Director for Emergency Commu- (e) CYBER WORKFORCE.—Not later than 90 systems consistent with law, including sub- nications in any law, regulation, map, docu- days after the date of enactment of this Act, chapter II of chapter 35 of title 44, United ment, record, or other paper of the United the Director of the Cybersecurity and Infra- States Code, and the Cybersecurity Act of States shall be deemed to be a reference to structure Security Agency of the Depart- 2015 (contained in division N of the Consoli- the Assistant Director for Emergency Com- ment of Homeland Security, in coordination dated Appropriations Act, 2016 (Public Law munications. with the Director of the Office of Personnel 114–113)); (d) OVERSIGHT.—The Director of Cybersecu- Management, shall submit to Congress a re- ‘‘(3) fully participate in the mechanisms rity and Infrastructure Security of the De- port detailing how the Agency is meeting required under section 2202(c)(7); and partment of Homeland Security shall pro- legislative requirements under the Cyberse- ‘‘(4) carry out such other duties and powers vide to Congress, in accordance with the curity Workforce Assessment Act (Public as prescribed by the Director. deadlines specified in paragraphs (1) through Law 113–246; 128 Stat. 2880) and the Homeland (6), information on the following: Security Cybersecurity Workforce Assess- ‘‘SEC. 2204. INFRASTRUCTURE SECURITY DIVI- ment Act (6 U.S.C. 146 note; Public Law 113– SION. (1) Not later than 60 days after the date of enactment of this Act, a briefing on the ac- 277) to address cyber workforce needs. ‘‘(a) ESTABLISHMENT.— tivities of the Agency relating to the devel- (f) FACILITY.—Not later than 180 days after ‘‘(1) IN GENERAL.—There is established in opment and use of the mechanisms required the date of enactment of this Act, the Direc- the Agency an Infrastructure Security Divi- pursuant to section 2202(c)(7) of the Home- tor of the Cybersecurity and Infrastructure sion. land Security Act of 2002 (as added by sub- Security Agency of the Department of Home- ‘‘(2) ASSISTANT DIRECTOR.—The Infrastruc- section (a)). land Security shall report to Congress on the ture Security Division shall be headed by an (2) Not later than 1 year after the date of most efficient and effective methods of con- Assistant Director for Infrastructure Secu- the enactment of this Act, a briefing on the solidating Agency facilities, personnel, and rity (in this section referred to as the ‘As- activities of the Agency relating to the use programs to most effectively carry out the sistant Director’), who shall— and improvement by the Agency of the mission of the Agency. ‘‘(A) be at the level of Assistant Secretary mechanisms required pursuant to section (g) TECHNICAL AND CONFORMING AMEND- within the Department; 2202(c)(7) of the Homeland Security Act of MENTS TO THE HOMELAND SECURITY ACT OF ‘‘(B) be appointed by the President without 2002 and how such activities have impacted 2002.—The Homeland Security Act of 2002 (6 the advice and consent of the Senate; and coordination, situational awareness, and U.S.C. 101 et seq.) is amended— ‘‘(C) report to the Director. communications with Sector-Specific Agen- (1) by amending section 103(a)(1)(H) (6 ‘‘(3) REFERENCE.—Any reference to the As- cies. U.S.C. 113(a)(1)(H)) to read as follows: sistant Secretary for Infrastructure Protec- (3) Not later than 90 days after the date of ‘‘(H) A Director of the Cybersecurity and tion in any law, regulation, map, document, the enactment of this Act, information on Infrastructure Security Agency.’’; record, or other paper of the United States the mechanisms of the Agency for regular (2) in title II (6 U.S.C. 121 et seq.)— shall be deemed to be a reference to the As- and ongoing consultation and collaboration, (A) in the title heading, by striking ‘‘AND sistant Director for Infrastructure Security. as required pursuant to section 2202(c)(8) of INFRASTRUCTURE PROTECTION’’; ‘‘(b) FUNCTIONS.—The Assistant Director the Homeland Security Act of 2002 (as added (B) in the subtitle A heading, by striking shall— by subsection (a)). ‘‘and Infrastructure Protection’’; ‘‘(1) direct the critical infrastructure secu- (4) Not later than 1 year after the date of (C) in section 201 (6 U.S.C. 121)— rity efforts of the Agency; the enactment of this Act, information on (i) in the section heading, by striking ‘‘AND ‘‘(2) carry out, at the direction of the Di- the activities of the consultation and col- INFRASTRUCTURE PROTECTION’’; rector, the Chemical Facilities Anti-Ter- laboration mechanisms of the Agency as re- (ii) in subsection (a)— rorism Standards Program established under quired pursuant to section 2202(c)(8) of the (I) in the subsection heading, by striking title XXI and the secure handling of ammo- Homeland Security Act of 2002, and how such ‘‘AND INFRASTRUCTURE PROTECTION’’; and nium nitrate program established under sub- mechanisms have impacted operational co- (II) by striking ‘‘and an Office of Infra- title J of title VIII, or any successor pro- ordination, situational awareness, and inte- structure Protection’’; grams; gration across the Agency. (iii) in subsection (b)— ‘‘(3) fully participate in the mechanisms (5) Not later than 180 days after the date of (I) in the subsection heading, by striking required under section 2202(c)(7); and enactment of this Act, information, which ‘‘AND ASSISTANT SECRETARY FOR INFRASTRUC- ‘‘(4) carry out such other duties and powers shall be made publicly available and updated TURE PROTECTION’’; and as prescribed by the Director.’’. as appropriate, on the mechanisms and (II) by striking paragraph (3); (b) TREATMENT OF CERTAIN POSITIONS.— structures of the Agency responsible for (iv) in subsection (c)— (1) UNDER SECRETARY.—The individual stakeholder outreach and engagement, as re- (I) by striking ‘‘and infrastructure protec- serving as the Under Secretary appointed quired under section 2202(c)(11) of the Home- tion’’; and pursuant to section 103(a)(1)(H) of the Home- land Security Act of 2002 (as added by sub- (II) by striking ‘‘or the Assistant Secretary land Security Act of 2002 (6 U.S.C. section (a)). for Infrastructure Protection, as appro- 113(a)(1)(H)) of the Department of Homeland (6) Not later than 1 year after the date of priate’’; Security on the day before the date of enact- enactment of this Act, and annually there- (v) in subsection (d)— ment of this Act may continue to serve as after, information on EMP and GMD (as de- (I) in the subsection heading, by striking the Director of Cybersecurity and Infrastruc- fined in section 2 of the Homeland Security ‘‘AND INFRASTRUCTURE PROTECTION’’; ture Security of the Department on and after Act (6 U.S.C. 101)), which shall include— (II) in the matter preceding paragraph (1), such date. (A) a summary of the threats and con- by striking ‘‘and infrastructure protection’’; (2) DIRECTOR FOR EMERGENCY COMMUNICA- sequences, as of the date of the information, (III) by striking paragraphs (5), (6), and TIONS.—The individual serving as the Direc- of electromagnetic events to the critical in- (25); tor for Emergency Communications of the frastructure of the United States; (IV) by redesignating paragraphs (7) Department of Homeland Security on the (B) Department of Homeland Security ef- through (24) as paragraphs (5) through (22), day before the date of enactment of this Act forts as of the date of the information, in- respectively; may continue to serve as the Assistant Di- cluding with respect to— (V) by redesignating paragraph (26) as rector for Emergency Communications of (i) risk assessments; paragraph (23); and the Department on and after such date. (ii) mitigation actions; (VI) in paragraph (23)(B)(i), as so redesig- (3) ASSISTANT SECRETARY FOR CYBERSECU- (iii) coordinating with the Department of nated, by striking ‘‘section 319’’ and insert- RITY AND COMMUNICATIONS.—The individual Energy to identify critical electric infra- ing ‘‘section 320’’; serving as the Assistant Secretary for Cyber- structure assets subject to EMP or GMD (vi) in subsection (e)(1), by striking ‘‘and security and Communications on the day be- risk; and the Office of Infrastructure Protection’’; fore the date of enactment of this Act may (iv) current and future plans for engage- (vii) in subsection (f)(1), by striking ‘‘and continue to serve as the Assistant Director ment with the Department of Energy, the the Office of Infrastructure Protection’’; and for Cybersecurity on and after such date. Department of Defense, the National Oceanic (viii) in subsection (g), in the matter pre- (4) ASSISTANT SECRETARY FOR INFRASTRUC- and Atmospheric Administration, and other ceding paragraph (1), by striking ‘‘and the TURE PROTECTION.—The individual serving as relevant Federal departments and agencies; Office of Infrastructure Protection’’; the Assistant Secretary for Infrastructure (C) as of the date of the information, cur- (D) in section 202 (6 U.S.C. 122)— Protection on the day before the date of en- rent collaboration, and plans for future en- (i) in subsection (c), in the matter pre- actment of this Act may continue to serve as gagement, with critical infrastructure own- ceding paragraph (1), by striking ‘‘Director the Assistant Director for Infrastructure Se- ers and operators; of Central Intelligence’’ and inserting ‘‘Di- curity on and after such date. (D) an identification of internal roles to rector of National Intelligence’’; and (c) REFERENCE.—Any reference to— address electromagnetic risks to critical in- (ii) in subsection (d)(2), by striking ‘‘Direc- (1) the Office of Emergency Communica- frastructure; and tor of Central Intelligence’’ and inserting tions in any law, regulation, map, document, (E) plans for implementation and pro- ‘‘Director of National Intelligence’’; record, or other paper of the United States tecting and preparing United States critical (E) in section 204 (6 U.S.C. 124a)—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3819 (i) in subsection (c)(1), in the matter pre- (I) by striking ‘‘Office of Emergency Com- (C) in section 2021 (6 U.S.C. 611)— ceding subparagraph (A), by striking ‘‘As- munications’’ and inserting ‘‘Emergency (i) by striking subsection (c); and sistant Secretary for Infrastructure Protec- Communications Division’’; and (ii) by redesignating subsection (d) as sub- tion’’ and inserting ‘‘Director of the Cyberse- (II) by adding at the end the following: section (c); curity and Infrastructure Security Agency’’; ‘‘The Division shall be located in the Cyber- (8) in title XXI (6 U.S.C. 621 et seq.)— and security and Infrastructure Security Agen- (A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), (ii) in subsection (d)(1), in the matter pre- cy.’’; by inserting ‘‘, which shall be located in the ceding subparagraph (A), by striking ‘‘As- (iii) by amending subsection (b) to read as Cybersecurity and Infrastructure Security sistant Secretary for Infrastructure Protec- follows: Agency’’ before the period at the end; and tion’’ and inserting ‘‘Director of the Cyberse- ‘‘(b) ASSISTANT DIRECTOR.—The head of the (B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), curity and Infrastructure Security Agency’’; Division shall be the Assistant Director for by striking ‘‘Under Secretary responsible for (F) by redesignating section 210E (6 U.S.C. Emergency Communications. The Assistant overseeing critical infrastructure protection, 124l) as section 2214 and transferring such Director shall report to the Director of Cy- cybersecurity, and other related programs of bersecurity and Infrastructure Security. All section to appear after section 2213 (as redes- the Department appointed under section decisions of the Assistant Director that en- ignated by subparagraph (I)); 103(a)(1)(H)’’ and inserting ‘‘Director of Cy- tail the exercise of significant authority (G) in subtitle B, by redesignating sections bersecurity and Infrastructure Security’’; 211 through 215 (6 U.S.C. 101 note, and 131 shall be subject to the approval of the Direc- tor of Cybersecurity and Infrastructure Se- and through 134) as sections 2221 through 2225, re- (9) in title XXII, as added by this Act— spectively, and transferring such subtitle, in- curity.’’; (A) in subtitle A— cluding the enumerator and heading of sub- (iv) in subsection (c)— (i) in section 2205, as so redesignated— title B and such sections, to appear after sec- (I) in the matter preceding paragraph (1), (I) in the matter preceding paragraph (1)— tion 2214 (as redesignated by subparagraph by inserting ‘‘Assistant’’ before ‘‘Director’’; (aa) by striking ‘‘section 201’’ and inserting (G)); (II) in paragraph (15), as added by section (H) by redesignating sections 223 through 1431(a)(7), by striking ‘‘and’’ at the end; ‘‘section 2202’’; and 230 (6 U.S.C. 143 through 151) as sections 2205 (III) by redesignating paragraph (16), as so (bb) by striking ‘‘Under Secretary ap- through 2213, respectively, and transferring redesignated by section 1431(a)(3), as para- pointed under section 103(a)(1)(H)’’ and in- such sections to appear after section 2204, as graph (17); and serting ‘‘Director of Cybersecurity and Infra- added by this Act; (IV) by inserting after paragraph (15) the structure Security’’; and (I) by redesignating section 210F as section following: (II) in paragraph (1)(B), by striking ‘‘and’’ 210E; and ‘‘(16) fully participate in the mechanisms at the end; (J) by redesignating subtitles C and D as required under section 2202(c)(8); and’’; (ii) in section 2206, as so redesignated, by subtitles B and C, respectively; (v) in subsection (d), in the matter pre- striking ‘‘Assistant Secretary for Infrastruc- (3) in title III (6 U.S.C. 181 et seq.)— ceding paragraph (1), by inserting ‘‘Assist- ture Protection’’ and inserting ‘‘Director of (A) in section 302 (6 U.S.C. 182)— ant’’ before ‘‘Director’’; and Cybersecurity and Infrastructure Security’’; (i) by striking ‘‘biological,,’’ each place (vi) in subsection (e), in the matter pre- (iii) in section 2209, as so redesignated— that term appears and inserting ‘‘biologi- ceding paragraph (1), by inserting ‘‘Assist- (I) by striking ‘‘Under Secretary appointed cal,’’; and ant’’ before ‘‘Director’’; under section 103(a)(1)(H)’’ each place that (ii) in paragraph (3), by striking ‘‘Assistant (B) in sections 1802 through 1805 (6 U.S.C. term appears and inserting ‘‘Director’’; Secretary for Infrastructure Protection’’ and 572 through 575), by striking ‘‘Director for (II) in subsection (a)(4), by striking ‘‘sec- inserting ‘‘Director of the Cybersecurity and Emergency Communications’’ each place tion 212(5)’’ and inserting ‘‘section 2222(5)’’; Infrastructure Security Agency’’; that term appears and inserting ‘‘Assistant (III) in subsection (b), by adding at the end (B) by redesignating the second section 319 Director for Emergency Communications’’; the following: ‘‘The Center shall be located (6 U.S.C. 195f) (relating to EMP and GMD (C) in section 1809 (6 U.S.C. 579)— in the Cybersecurity and Infrastructure Se- mitigation research and development) as sec- (i) by striking ‘‘Director of Emergency curity Agency. The head of the Center shall tion 320; and Communications’’ each place that term ap- report to the Assistant Director for Cyberse- (C) in section 320(c)(1), as so redesignated, pears and inserting ‘‘Assistant Director for curity.’’; and by striking ‘‘Section 214’’ and inserting Emergency Communications’’; (IV) in subsection (c)(11), by striking ‘‘Of- ‘‘Section 2224’’; (ii) in subsection (b)— fice of Emergency Communications’’ and in- (4) in title V (6 U.S.C. 311 et seq.)— (I) by striking ‘‘Director for Emergency serting ‘‘Emergency Communications Divi- (A) in section 508(d)(2)(D) (6 U.S.C. Communications’’ and inserting ‘‘Assistant sion’’; 318(d)(2)(D)), by striking ‘‘The Director of the Director for Emergency Communications’’; (iv) in section 2210, as so redesignated— Office of Emergency Communications of the and (I) by striking ‘‘section 227’’ each place Department of Homeland Security’’ and in- (II) by striking ‘‘Office of Emergency Com- that term appears and inserting ‘‘section serting ‘‘The Assistant Director for Emer- munications’’ and inserting ‘‘Emergency 2209’’; and gency Communications’’; Communications Division’’; (II) in subsection (c)— (B) in section 514 (6 U.S.C. 321c)— (iii) in subsection (e)(3), by striking ‘‘the (aa) by striking ‘‘Under Secretary ap- (i) by striking subsection (b); and Director’’ and inserting ‘‘the Assistant Di- pointed under section 103(a)(1)(H)’’ and in- rector’’; and (ii) by redesignating subsection (c) as sub- serting ‘‘Director of Cybersecurity and Infra- (iv) in subsection (m)(1)— section (b); and structure Security’’; and (C) in section 523 (6 U.S.C. 321l)— (I) by striking ‘‘The Director’’ and insert- (bb) by striking ‘‘section 212(5)’’ and insert- (i) in subsection (a), in the matter pre- ing ‘‘The Assistant Director’’; ing ‘‘section 2222(5)’’; ceding paragraph (1), by striking ‘‘Assistant (II) by striking ‘‘the Director determines’’ (v) in section 2211, as so redesignated— Secretary for Infrastructure Protection’’ and and inserting ‘‘the Assistant Director deter- (I) in subsection (b)(2)(A), by striking ‘‘the inserting ‘‘Director of Cybersecurity and In- mines’’; and section 227’’ and inserting ‘‘section 2209’’; and frastructure Security’’; and (III) by striking ‘‘Office of Emergency (II) in subsection (c)(1)(C), by striking (ii) in subsection (c), by striking ‘‘Assist- Communications’’ and inserting ‘‘Cybersecu- ‘‘section 707’’ and inserting ‘‘section 706’’; ant Secretary for Infrastructure Protection’’ rity and Infrastructure Security Agency’’; (vi) in section 2212, as so redesignated, by and inserting ‘‘Director of Cybersecurity and (D) in section 1810 (6 U.S.C. 580)— striking ‘‘section 212(5)’’ and inserting ‘‘sec- Infrastructure Security’’; (i) in subsection (a)(1), by striking ‘‘Direc- tion 2222(5)’’; (5) in title VIII (6 U.S.C. 361 et seq.)— tor of the Office of Emergency Communica- (vii) in section 2213(a), as so redesignated— (A) in section 884(d)(4)(A)(ii) (6 U.S.C. tions (referred to in this section as the ‘Di- (I) in paragraph (3), by striking ‘‘section 464(d)(4)(A)(ii)), by striking ‘‘Under Sec- rector’)’’ and inserting ‘‘Assistant Director 228’’ and inserting ‘‘section 2210’’; and retary responsible for overseeing critical in- for Emergency Communications (referred to (II) in paragraph (4), by striking ‘‘section frastructure protection, cybersecurity, and in this section as the ‘Assistant Director’)’’; 227’’ and inserting ‘‘section 2209’’; and other related programs of the Department’’ (ii) in subsection (c), by striking ‘‘Office of (viii) in section 2214, as so redesignated— and inserting ‘‘Director of Cybersecurity and Emergency Communications’’ and inserting (I) by striking subsection (e); and Infrastructure Security’’; and ‘‘Emergency Communications Division’’; and (II) by redesignating subsection (f) as sub- (B) in section 899B(a) (6 U.S.C. 488a(a)), by (iii) by striking ‘‘Director’’ each place that section (e); and adding at the end the following: ‘‘Such regu- term appears and inserting ‘‘Assistant Direc- (B) in subtitle B— lations shall be carried out by the Cyberse- tor’’; (i) in section 2222(8), as so redesignated, by curity and Infrastructure Security Agency.’’; (7) in title XX (6 U.S.C. 601 et seq.)— striking ‘‘section 227’’ and inserting ‘‘section (6) in title XVIII (6 U.S.C. 571 et seq.)— (A) in paragraph (5)(A)(iii)(II) of section 2209’’; and (A) in section 1801 (6 U.S.C. 571)— 2001 (6 U.S.C. 601), as so redesignated by sec- (ii) in section 2224(h), as so redesignated, (i) in the section heading, by striking ‘‘OF- tion 1451(b), by striking ‘‘section 210E(a)(2)’’ by striking ‘‘section 213’’ and inserting ‘‘sec- ’’ and in- and inserting ‘‘section 2214(a)(2)’’; FICE OF EMERGENCY COMMUNICATIONS tion 2223’’; serting ‘‘EMERGENCY COMMUNICATIONS DIVI- (B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), SION’’; by striking ‘‘section 210E(a)(2)’’ and insert- (h) TECHNICAL AND CONFORMING AMEND- (ii) in subsection (a)— ing ‘‘section 2214(a)(2)’’; and MENTS TO OTHER LAWS.—

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(1) CYBERSECURITY ACT OF 2015.—The Cyber- U.S.C. 648(a)(8)(B)) is amended by striking ‘‘Sec. 2209. National cybersecurity and com- security Act of 2015 (6 U.S.C. 1501 et seq.) is ‘‘section 227(a) of the Homeland Security Act munications integration center. amended— of 2002 (6 U.S.C. 148(a))’’ and inserting ‘‘sec- ‘‘Sec. 2210. Cybersecurity plans. (A) in section 202(2) (6 U.S.C. 131 note)— tion 2209(a) of the Homeland Security Act of ‘‘Sec. 2211. Cybersecurity strategy. (i) by striking ‘‘section 227’’ and inserting 2002’’. ‘‘Sec. 2212. Clearances. ‘‘Sec. 2213. Federal intrusion detection and ‘‘section 2209’’; and (3) TITLE 5.—Subchapter II of chapter 53 of (ii) by striking ‘‘, as so redesignated by title 5, United States Code, is amended— prevention system. ‘‘Sec. 2214. National Asset Database. section 223(a)(3) of this division’’; (A) in section 5314, by inserting after (B) in section 207(2) (Public Law 114–113; 129 ‘‘Under Secretaries, Department of Home- ‘‘Subtitle B—Critical Infrastructure Stat. 2962)— land Security.’’ the following: Information (i) by striking ‘‘section 227’’ and inserting ‘‘Director, Cybersecurity and Infrastruc- ‘‘Sec. 2221. Short title. ‘‘section 2209’’; and ture Security Agency.’’; and ‘‘Sec. 2222. Definitions. (ii) by striking ‘‘, as redesignated by sec- (B) in section 5315, by inserting after ‘‘As- ‘‘Sec. 2223. Designation of critical infra- tion 223(a) of this division,’’; sistant Secretaries, Department of Homeland structure protection program. ‘‘Sec. 2224. Protection of voluntarily shared (C) in section 208 (Public Law 114–113; 129 Security.’’ the following: critical infrastructure informa- Stat. 2962), by striking ‘‘Under Secretary ap- ‘‘Assistant Director for Cybersecurity, Cy- pointed under section 103(a)(1)(H) of the tion. bersecurity and Infrastructure Security ‘‘Sec. 2225. No private right of action.’’. Homeland Security Act of 2002 (6 U.S.C. Agency. SEC. 1602. TRANSFER OF OTHER ENTITIES. 113(a)(1)(H))’’ and inserting ‘‘Director of Cy- ‘‘Assistant Director for Infrastructure Se- (a) OFFICE OF BIOMETRIC IDENTITY MANAGE- bersecurity and Infrastructure Security of curity, Cybersecurity and Infrastructure Se- MENT.—The Office of Biometric Identity the Department’’; curity Agency.’’. Management of the Department of Homeland (D) in section 222 (6 U.S.C. 1521)— (i) TABLE OF CONTENTS AMENDMENTS.—The Security located in the National Protection (i) in paragraph (2)— table of contents in section 1(b) of the Home- and Programs Directorate of the Department (I) by striking ‘‘section 228’’ and inserting land Security Act of 2002 (Public Law 107–296; of Homeland Security on the day before the ‘‘section 2210’’; and 116 Stat. 2135) is amended— date of enactment of this Act is hereby (II) by striking ‘‘, as added by section (1) by striking the item relating to title II transferred to the Management Directorate 223(a)(4) of this division’’; and and inserting the following: (ii) in paragraph (4)— of the Department. ‘‘TITLE II—INFORMATION ANALYSIS’’; (I) by striking ‘‘section 227’’ and inserting (b) FEDERAL PROTECTIVE SERVICE.— ‘‘section 2209’’; and (2) by striking the item relating to subtitle (1) IN GENERAL.—Not later than 90 days fol- (II) by striking ‘‘, as so redesignated by A of title II and inserting the following: lowing the completion of the Government section 223(a)(3) of this division’’; ‘‘Subtitle A—Information and Analysis; Accountability Office review of the organiza- (E) in section 223(b) (6 U.S.C. 151 note)— Access to Information’’; tional placement of the Federal Protective Service, as requested by Congress, the Sec- (i) by striking ‘‘section 230(b)(1) of the (3) by striking the item relating to section retary of Homeland Security shall submit to Homeland Security Act of 2002, as added by 201 and inserting the following: subsection (a)’’ each place that term appears the Director of the Office of Management and inserting ‘‘section 2213(b)(1) of the Home- ‘‘Sec. 201. Information and analysis.’’; and Budget and the appropriate committees land Security Act of 2002’’; and (4) by striking the items relating to sec- of Congress a recommendation regarding the (ii) in paragraph (1)(B), by striking ‘‘sec- tions 210E and 210F and inserting the fol- appropriate placement of the Federal Protec- tion 230(b)(2) of the Homeland Security Act lowing: tive Service within the executive branch of of 2002, as added by subsection (a)’’ and in- ‘‘Sec. 210E. Classified Information Advisory the Federal Government. serting ‘‘section 2213(b)(2) of the Homeland Officer.’’; (2) CONSULTATION AND ASSESSMENT.—The Security Act of 2002’’; (5) by striking the items relating to sub- recommendation described in paragraph (1) (F) in section 226 (6 U.S.C. 1524)— title B of title II and sections 211 through shall— (i) in subsection (a)— 215; (A) be developed after consultation with (I) in paragraph (1)— (6) by striking the items relating to sec- the head of any executive branch entity that (aa) by striking ‘‘section 230’’ and inserting tion 223 through section 230; the Secretary intends to recommend for the ‘‘section 2213’’; and (7) by striking the item relating to subtitle placement of the Federal Protective Service; (bb) by striking ‘‘, as added by section C and inserting the following: and 223(a)(6) of this division’’; ‘‘Subtitle B—Information Security’’; (B) include— (II) in paragraph (4)— (i) an assessment of the how the Depart- (8) by striking the item relating to subtitle (aa) by striking ‘‘section 228(b)(1)’’ and in- ment of Homeland Security considered the D and inserting the following: serting ‘‘section 2210(b)(1)’’; and Government Accountability Office review de- (bb) by striking ‘‘, as added by section ‘‘Subtitle C—Office of Science and scribed in paragraph (1) and any other rel- 223(a)(4) of this division’’; and Technology’’; evant analysis; and (III) in paragraph (5)— (9) by striking the items relating to sec- (ii) an explanation of any statutory (aa) by striking ‘‘section 230(b)’’ and in- tions 317, 319, 318, and 319 and inserting the changes that may be necessary to effectuate serting ‘‘section 2213(b)’’; and following: the recommendation. (bb) by striking ‘‘, as added by section ‘‘Sec. 317. Promoting antiterrorism through SEC. 1603. DHS REPORT ON CLOUD-BASED CY- 223(a)(6) of this division’’; and international cooperation pro- BERSECURITY. (ii) in subsection (c)(1)(A)(vi)— gram. (a) DEFINITION.—In this section, the term (I) by striking ‘‘section 230(c)(5)’’ and in- ‘‘Sec. 318. Social media working group. ‘‘Department’’ means the Department of serting ‘‘section 2213(c)(5)’’; and ‘‘Sec. 319. Transparency in research and de- Homeland Security. (II) by striking ‘‘, as added by section velopment. (b) REPORT.—Not later than 120 days after 223(a)(6) of this division’’; ‘‘Sec. 320. EMP and GMD mitigation re- the date of enactment of this Act, the Sec- (G) in section 227 (6 U.S.C. 1525)— search and development.’’; retary of Homeland Security, in coordina- (i) in subsection (a)— (10) by striking the item relating to sec- tion with the Director of the Office of Man- (I) by striking ‘‘section 230’’ and inserting tion 1801 and inserting the following: agement and Budget and the Administrator ‘‘section 2213’’; and of General Services, shall submit to the ‘‘Sec. 1801. Emergency Communications Di- (II) by striking ‘‘, as added by section Committee on Homeland Security and Gov- vision.’’; and 223(a)(6) of this division,’’; and ernmental Affairs of the Senate and the (11) by adding at the end the following: (ii) in subsection (b)— Committee on Oversight and Government (I) by striking ‘‘section 230(d)(2)’’ and in- ‘‘TITLE XXII—CYBERSECURITY AND Reform and the Committee on Homeland Se- serting ‘‘section 2213(d)(2)’’; and INFRASTRUCTURE SECURITY AGENCY curity of the House of Representatives a re- (II) by striking ‘‘, as added by section ‘‘Subtitle A—Cybersecurity and port on the leadership role of the Depart- 223(a)(6) of this division,’’; and Infrastructure Security ment in cloud-based cybersecurity deploy- (H) in section 404 (6 U.S.C. 1532)— ‘‘Sec. 2201. Definitions. ments for civilian Federal departments and (i) by striking ‘‘Director for Emergency ‘‘Sec. 2202. Cybersecurity and Infrastructure agencies, which shall include— Communications’’ each place that term ap- Security Agency. (1) information on the plan of the Depart- pears and inserting ‘‘Assistant Director for ‘‘Sec. 2203. Cybersecurity Division. ment for offering automated, software-based Emergency Communications’’; and ‘‘Sec. 2204. Infrastructure Security Division. Security Operations Center as a service ca- (ii) in subsection (a)— ‘‘Sec. 2205. Enhancement of Federal and pabilities in accordance with the December (I) by striking ‘‘section 227’’ and inserting non-Federal cybersecurity. 2017 Report to the President on Federal IT ‘‘section 2209’’; and ‘‘Sec. 2206. Net guard. Modernization issued by the American Tech- (II) by striking ‘‘, as redesignated by sec- ‘‘Sec. 2207. Cyber Security Enhancement Act nology Council; tion 223(a)(3) of this division,’’. of 2002. (2) information on what capabilities the (2) SMALL BUSINESS ACT.—Section ‘‘Sec. 2208. Cybersecurity recruitment and Department will prioritize for those service 21(a)(8)(B) of the Small Business Act (15 retention. capabilities, including—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3821 (A) criteria the Department will use to events that were made by multiple commit- forcement and Cybersecurity Dialogue to evaluate capabilities offered by the private tees of Congress, including— combat the shipment of illicit opioids to the sector; and (A) a breakdown of the number of requests United States; (B) information on how government- and for the Department and each component of (2) the current status and expected time private sector-provided capabilities will be the Department; and frame for scheduling additional illicit integrated to enable visibility and consist- (B) a breakdown of the number of requests opioids as illegal; ency of security capabilities across all cloud for hearings by topic and by the requesting (3) the current status and expected time and on premise environments, as called for committees and subcommittees of Congress; frame for shutting down smuggling routes in the report described in paragraph (1); and (4) the total number of written testimony and methods, including online sellers located (3) information on how the Department before committees and reports that the De- in China; and will adapt the current capabilities of, and fu- partment had to prepare for or respond to, (4) any additional forums or diplomatic ture enhancements to, the intrusion detec- including— channels that should be used to further co- tion and prevention system of the Depart- (A) a breakdown of the number of written operation with other foreign governments to ment and the Continuous Diagnostics and testimony before committees and reports combat illicit opioid shipments. Mitigation Program of the Department to se- that the Department and each component of Subtitle B—Commission to Review the Con- cure civilian government networks in a the Department had to prepare for or re- gressional Oversight of the Department of cloud environment. spond to; and Homeland Security (B) a breakdown of the number of written SEC. 1604. RULE OF CONSTRUCTION. SEC. 1711. SHORT TITLE. testimony before committees and reports Nothing in this title or an amendment This subtitle may be cited as the ‘‘Congres- that the Department and each component of made by this title may be construed as— sional Commission to Review the Congres- the Department had to prepare for or re- (1) conferring new authorities to the Sec- sional Oversight of the Department of Home- spond to by topic, as determined by the Sec- retary of Homeland Security, including pro- land Security Act of 2018’’. grammatic, regulatory, or enforcement au- retary; (5) the total number and a list of congres- SEC. 1712. ESTABLISHMENT. thorities, outside of the authorities in exist- There is established in the legislative sional document requests and subpoenas sent ence on the day before the date of enactment branch a commission to be known as the to the Department, including all pending of this Act; ‘‘Congressional Commission to Review Con- document requests and subpoenas, includ- (2) reducing or limiting the programmatic, gressional Oversight of the Department of ing— regulatory, or enforcement authority vested Homeland Security’’ (in this subtitle re- (A) whether a request is currently pending; in any other Federal agency by statute; or ferred to as the ‘‘Commission’’). (B) how long it took the Department to re- (3) affecting in any manner the authority, SEC. 1713. MEMBERS OF THE COMMISSION. existing on the day before the date of enact- spond fully to each request, or, for pending (a) MEMBERS.—The Commission shall be ment of this Act, of any other Federal agen- requests, how long the request has been out- standing; and composed of 6 members, of whom— cy or component of the Department of Home- (1) 1 member shall be appointed by the Ma- land Security. (C) the reason for any response time great- er than 90 days from the date on which the jority Leader of the Senate, in consultation SEC. 1605. PROHIBITION ON ADDITIONAL FUND- with the leader of the House of Representa- ING. original request was received; (6) the total number and a list of congres- tives who is a member of the political party No additional funds are authorized to be of which the Majority Leader is a member, appropriated to carry out this title or the sional questions for the record sent to the Department, including all pending questions who shall serve as chairperson of the Com- amendments made by this title. This title mission; and the amendments made by this title shall for the record, including— (A) whether a question for the record is (2) 1 member shall be appointed by the Mi- be carried out using amounts otherwise au- nority Leader of the Senate, in consultation thorized. currently pending; (B) how long it took the Department to re- with the leader of the House of Representa- TITLE VII—OTHER MATTERS spond fully to each question for the record, tives who is a member of the political party Subtitle A—Miscellaneous or, for pending questions for the record, how of which the Minority Leader is a member, long the request has been outstanding; and who shall serve as vice chairperson of the SEC. 1701. AUTHORIZATION OF APPROPRIATIONS Commission; FOR OFFICE OF INSPECTOR GEN- (C) the reason for any response time great- ERAL. er than 90 days from the date on which the (3) 1 member shall be appointed by the Ma- There is authorized to be appropriated for original question for the record was received; jority Leader of the Senate; the Office of the Inspector General of the De- and (4) 1 member shall be appointed by the Mi- partment of Homeland Security $175,000,000 (7) the total number and a list of congres- nority Leader of the Senate; for each of fiscal years 2018 and 2019. sional letter requests for information, not (5) 1 member shall be appointed by the Ma- jority Leader of the House of Representa- SEC. 1702. CANINE TEAMS. including requests for documents or ques- tions for the record, sent to the Department, tives; and Components of the Department of Home- (6) 1 member shall be appointed by the Mi- land Security may request additional canine including all pending requests for informa- tion, including— nority Leader of the House of Representa- teams when there is a justified and docu- tives. mented shortage and such additional canine (A) whether the request for information is currently pending; (b) EXPERTISE.—In making appointments teams would be effective for drug detection under this section, the individual making or to enhance security. (B) how long it took the Department to re- spond fully to each request for information, the appointment shall give consideration SEC. 1703. REPORT ON RESOURCE REQUIRE- to— MENTS TO RESPOND TO CONGRES- or, pending requests for information, how long the request has been outstanding; and (1) individuals with expertise in homeland SIONAL REQUESTS. security and congressional oversight; and (a) DEFINITIONS.—In this section— (C) the reason for any response time great- er than 90 days from the date on which the (2) individuals with prior senior leadership (1) the term ‘‘Department’’ means the De- experience in the executive or legislative partment of Homeland Security; and original request for information was re- ceived; and branch. (2) the term ‘‘Secretary’’ means the Sec- (c) TIMING OF APPOINTMENTS.—Appoint- (8) any additional information as deter- retary of Homeland Security. ments to the Commission shall be made not (b) REPORT.—Not later than 60 days after mined by the Secretary. (c) TERMINATION.—This section shall termi- later than 45 days after the date of enact- the date of enactment of this Act, and every ment of this Act. year thereafter, the Secretary shall submit nate on the date that is 5 years after the date of enactment of this Act. (d) TERMS; VACANCIES.—Each member shall to Congress a report on requests made by be appointed for the duration of the Commis- Congress to the Department that shall in- SEC. 1704. REPORT ON COOPERATION WITH THE PEOPLE’S REPUBLIC OF CHINA TO sion. Any vacancy in the Commission shall clude, with respect to the fiscal year pre- COMBAT ILLICIT OPIOID SHIP- not affect the powers of the Commission, and ceding the report or, if available, the pre- MENTS. shall be filled in the manner in which the ceding 5 fiscal years— Not later than 90 days after the date of en- original appointment was made. (1) the total number of congressional re- actment of this Act, the Secretary of Home- (e) COMPENSATION.—Members of the Com- quests to the Department, including a break- land Security, in consultation with the At- mission shall serve without pay. down of the number of requests made by torney General and the Secretary of State, (f) TRAVEL EXPENSES.—Each member of the committees, subcommittees, and caucuses; shall submit to Congress a report on current Commission shall be allowed travel expenses, (2) the total number of congressional re- and planned cooperation with the Govern- including per diem in lieu of subsistence, at sponses for which the Department was re- ment of the People’s Republic of China to rates authorized for employees of agencies quired to prepare, including a breakdown of end opioid smuggling, including through on- under subchapter I of chapter 57 of title 5, the number of hearings, briefings, and out- line sellers, which shall include a discussion United States Code, while away from their reach events for the Department and each of— homes or regular places of business in the component of the Department; (1) plans to leverage high-level partner- performance of services for the Commission. (3) the total number of requests for similar ships with Chinese officials established (g) SECURITY CLEARANCES.—The appro- or duplicative briefings, hearings, and other through the United States–China Law En- priate Federal agencies or departments shall

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cooperate with the Commission in expedi- (1) GENERAL SERVICES ADMINISTRATION.— (4) In section 478 (6 U.S.C. 298)— tiously providing to the members and em- The Administrator of General Services shall (A) in the section heading, by inserting ployees of the Commission appropriate secu- provide to the Commission on a reimburs- ‘‘ANNUAL REPORT ON’’ before ‘‘IMMIGRATION’’; rity clearances to the extent possible, pursu- able basis administrative support and other (B) by striking subsection (b); ant to existing procedures and requirements, services for the performance of the functions (C) in subsection (a)— except that no person shall be provided with of the Commission. (i) by striking ‘‘REPORT.—’’ and all that access to classified information under this (2) OTHER DEPARTMENTS AND AGENCIES.—In follows through ‘‘One year’’ and inserting subtitle without the appropriate security addition to the assistance under paragraph ‘‘REPORT.—One year’’; and clearances. (1), departments and agencies of the United (ii) by redesignating paragraph (2) as sub- SEC. 1714. DUTIES OF THE COMMISSION. States may provide to the Commission such section (b) and adjusting the margin accord- (a) STUDY OF THE DEPARTMENT OF HOME- services, funds, facilities, staff, and other ingly; and LAND SECURITY.—The Commission shall con- support services as they may determine ad- (D) in subsection (b), as so redesignated— duct a comprehensive study of the congres- visable and as may be authorized by law. (i) in the heading, by striking ‘‘MATTER IN- sional oversight of the Department of Home- SEC. 1716. FUNDING. CLUDED’’ and inserting ‘‘MATTER INCLUDED’’; land Security, including its components, (a) IN GENERAL.—Subject to subsection (b) and subcomponents, directorates, agencies, and and the availability of appropriations, at the (ii) by redesignating subparagraphs (A) any other entities within the Department request of the chairperson of the Commis- through (H) as paragraphs (1) through (8), re- to— sion, the Secretary of Homeland Security spectively, and adjusting the margin accord- (1) review the congressional oversight of shall transfer funds, as specified in advance ingly. the Department of Homeland Security; and in appropriations Acts and in a total amount (b) TITLE VIII.—Section 812 of the Home- (2) make recommendations on how con- not to exceed $1,000,000, to the Commission land Security Act of 2002 (Public Law 107–296; gressional committee jurisdictions in the for purposes of carrying out the activities of 116 Stat. 2222; 5 U.S.C. App., note to section Senate and House of Representatives could the Commission as provided in this subtitle. 6 of Public Law 95–452) is amended as follows: be modified to promote homeland security (b) DURATION OF AVAILABILITY.—Amounts (1) By redesignating such section 812 as and the efficiency and congressional over- transferred to the Commission under sub- section 811. sight of the Department. section (a) shall remain available until the (2) By striking subsections (a) and (c). (b) REPORT.—Upon the affirmative vote of date on which the Commission terminates. (3) In subsection (b)— not less than 4 of the members of the Com- (c) PROHIBITION ON NEW FUNDING.—No addi- (A) by striking ‘‘(as added by subsection (a) mission, the Commission shall submit to the tional funds are authorized to be appro- of this section)’’ each place it appears; President and Congress a detailed statement priated to carry out this Act. This Act shall (B) by redesignating paragraphs (2), (3), of the findings and conclusions of the Com- be carried out using amounts otherwise and (4) as subsections (b), (c), and (d), respec- mission based on the study carried out under available for the Department of Homeland tively, and adjusting the margin accord- subsection (a), together with the rec- Security and transferred under subsection ingly; ommendations of the Commission for such (a). (C) in paragraph (1), by redesignating sub- paragraphs (A) and (B) as paragraphs (1) and legislation or administrative actions as the SEC. 1717. PERSONNEL. (2), respectively, and adjusting the margin Commission considers appropriate in light of (a) EXECUTIVE DIRECTOR.—The Commission accordingly; and the results of the study. shall have an Executive Director who shall (D) by striking ‘‘(b) PROMULGATION OF INI- (c) DEADLINE.—The Commission shall sub- be appointed by the chairperson with the TIAL GUIDELINES.—’’ and all that follows mit the report under subsection (b) not later concurrence of the vice chairperson. The Ex- through ‘‘In this subsection’’ and inserting than 9 months after the date on which a ma- ecutive Director shall be paid at a rate of the following: jority of the members of the Commission are pay established by the chairperson and vice appointed. ‘‘(a) DEFINITION.—In this section’’. chairperson, not to exceed the annual rate of (4) In subsection (b), as so redesignated, by SEC. 1715. OPERATION AND POWERS OF THE basic pay payable for level V of the Execu- striking ‘‘IN GENERAL’’ and inserting ‘‘IN COMMISSION. tive Schedule under section 5316 of title 5, GENERAL’’. (a) EXECUTIVE BRANCH ASSISTANCE.—The United States Code. (5) In subsection (c), as so redesignated, by heads of the following agencies shall advise (b) STAFF OF THE COMMISSION.—The Execu- striking ‘‘MINIMUM REQUIREMENTS’’ and in- and consult with the Commission on matters tive Director of the Commission may appoint within their respective areas of responsi- serting ‘‘MINIMUM REQUIREMENTS’’. and fix the pay of additional staff as the Ex- (6) In subsection (d), as so redesignated, by bility: ecutive Director considers appropriate. striking ‘‘NO LAPSE OF AUTHORITY’’ and in- (1) The Department of Homeland Security. (c) DETAILEES.—Any Federal Government serting ‘‘NO LAPSE OF AUTHORITY’’. (2) The Department of Justice. employee may be detailed to the Commission (c) TITLE IX.—Section 903(a) of the Home- (3) The Department of State. without reimbursement from the Commis- (4) The Office of Management and Budget. land Security Act of 2002 (6 U.S.C. 493(a)) is sion, and such detailee shall retain the amended in the subsection heading by strik- (5) Any other agency, as determined by the rights, status, and privileges of his or her Commission. ing ‘‘MEMBERS—’’ and inserting ‘‘MEMBERS.— regular employment without interruption. ’’. (b) MEETINGS.—The Commission shall (d) CONSULTANT SERVICES.—The Commis- (d) TABLE OF CONTENTS.—The table of con- meet— sion is authorized to procure the services of tents in section 1(b) of the Homeland Secu- (1) not later than 30 days after the date on experts and consultants in accordance with rity Act of 2002 is amended as follows: which a majority of the members of the section 3109 of title 5, United States Code, (1) By striking the item relating to section Commission have been appointed; and but at rates not to exceed the daily rate paid 478 and inserting the following: (2) at such times thereafter, at the call of a person occupying a position at level IV of ‘‘Sec. 478. Annual report on immigration the chairperson or vice chairperson. the Executive Schedule under section 5315 of functions.’’. (c) RULES OF PROCEDURE.—The chairperson title 5, United States Code. and vice chairperson shall, with the approval SEC. 1718. TERMINATION. (2) By striking the items relating to sec- of a majority of the members of the Commis- The Commission shall terminate not later tions 811 and 812 and inserting the following: sion, establish written rules of procedure for than 1 year after the date of enactment of ‘‘Sec. 811. Law enforcement powers of In- the Commission, which shall include a this Act. spector General agents.’’. quorum requirement to conduct the business DIVISION F—TSA MODERNIZATION ACT of the Commission. Subtitle C—Technical and Conforming (d) HEARINGS.—The Commission may, for Amendments SEC. 2001. SHORT TITLE; REFERENCES. the purpose of carrying out this subtitle, SEC. 1731. TECHNICAL AMENDMENTS TO THE (a) SHORT TITLE.—This division may be hold hearings, sit, and act at times and HOMELAND SECURITY ACT OF 2002. cited as the ‘‘TSA Modernization Act’’. places, take testimony, and receive evidence (a) TITLE IV.—Title IV of the Homeland Se- (b) REFERENCES TO TITLE 49, UNITED as the Commission considers appropriate. curity Act of 2002 (6 U.S.C. 201 et seq.) is STATES CODE.—Except as otherwise expressly (e) CONTRACTS.—The Commission may con- amended as follows: provided, wherever in this division an tract with and compensate government and (1) In section 427 (6 U.S.C. 235), by striking amendment or repeal is expressed in terms of private agencies or persons for any purpose subsection (c). an amendment to, or repeal of, a section or necessary to enable it to carry out this sub- (2) By striking section 431 (6 U.S.C. 239). other provision, the reference shall be con- title. (3) In section 476 (6 U.S.C. 296)— sidered to be made to a section or other pro- (f) MAILS.—The Commission may use the (A) by striking ‘‘the Bureau of Citizenship vision of title 49, United States Code. United States mails in the same manner and and Immigration Services’’ each place the SEC. 2002. DEFINITIONS. under the same conditions as other agencies term appears and inserting ‘‘United States In this division: of the Federal Government. Citizenship and Immigration Services’’; and (1) ADMINISTRATOR.—The term ‘‘Adminis- (g) GIFTS.—The Commission may accept, (B) by striking ‘‘the Bureau of Border Se- trator’’ means the Administrator of the use, and dispose of gifts or donations of serv- curity’’ each place the term appears and in- TSA. ices or property. serting ‘‘U.S. Immigration and Customs En- (2) APPROPRIATE COMMITTEES OF CON- (h) ASSISTANCE FROM FEDERAL AGENCIES.— forcement’’. GRESS.—

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(A) IN GENERAL.—The term ‘‘appropriate ‘‘(3) CHIEF COUNSEL.— (9) by redesignating subsections (u), (v), committees of Congress’’ means— ‘‘(A) APPOINTMENT.—There is established in and (w) as subsections (t), (u), and (v), re- (i) the Committee on Commerce, Science, the Transportation Security Administration spectively; and Transportation of the Senate; a Chief Counsel, who shall advise the Admin- (10) in subsection (t), as redesignated— (ii) the Committee on Homeland Security istrator and other senior officials on all legal (A) in paragraph (1)— and Governmental Affairs of the Senate; and matters relating to the responsibilities, (i) by striking subparagraph (D); and (iii) the Committee on Homeland Security functions, and management of the Transpor- (ii) by redesignating subparagraph (E) as of the House of Representatives. tation Security Administration. The Chief subparagraph (D); (B) INCLUSIONS.—In title III, the term ‘‘ap- Counsel shall be appointed by the President. (B) in paragraph (2), by inserting ‘‘of propriate committees of Congress’’ includes The Chief Counsel shall be Acting Deputy Homeland Security’’ after ‘‘Plan, the Sec- the Committee on Transportation and Infra- Administrator during the absence or inca- retary’’; structure of the House of Representatives. pacity of the Deputy Administrator or dur- (C) in paragraph (4)(B)— (3) ASAC.—The term ‘‘ASAC’’ means the ing a vacancy in the office of the Deputy Ad- (i) by inserting ‘‘of Homeland Security’’ Aviation Security Advisory Committee es- ministrator. after ‘‘agency within the Department’’; and tablished under section 44946 of title 49, ‘‘(B) QUALIFICATIONS.—The Chief Counsel (ii) by inserting ‘‘of Homeland Security’’ United States Code. must be a citizen of the United States.’’; after ‘‘Secretary’’; (4) EXPLOSIVE DETECTION CANINE TEAM.— (3) in subsections (c), (e) through (n), (p), (D) by amending paragraph (6) to read as The term ‘‘explosives detection canine (q), and (r), by striking ‘‘Under Secretary’’ follows: team’’ means a canine and a canine handler each place it appears and inserting ‘‘Admin- ‘‘(6) ANNUAL REPORT ON PLAN.—The Sec- that are trained to detect explosives and istrator’’; and retary of Homeland Security shall annually other threats as defined by the Secretary. (4) by amending subsection (d) to read as submit to the appropriate congressional (5) SECRETARY.—The term ‘‘Secretary’’ follows: committees a report containing the Plan.’’; means the Secretary of Homeland Security. ‘‘(d) FUNCTIONS.—The Administrator shall and (6) TSA.—The term ‘‘TSA’’ means the be responsible for— (E) in paragraphs (7) and (8), by inserting Transportation Security Administration. ‘‘(1) carrying out chapter 449, relating to ‘‘of Homeland Security’’ after ‘‘Secretary’’; civil aviation security, and related research and TITLE I—ORGANIZATION AND and development activities; AUTHORIZATIONS (11) in subsection (u), as redesignated— ‘‘(2) security in land-based transportation, (A) in paragraph (1)— SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. including railroad, highway, pipeline, public (i) in subparagraph (B), by inserting ‘‘or Section 114(w) is amended to read as fol- transportation, and over-the-road bus; and the Administrator’’ after ‘‘Secretary of lows: ‘‘(3) supporting the Coast Guard with mari- Homeland Security’’; and ‘‘(w) AUTHORIZATION OF APPROPRIATIONS.— time security.’’. (ii) in subparagraph (C)(ii), by striking There are authorized to be appropriated to (b) TECHNICAL AND CONFORMING AMEND- ‘‘Secretary’s designee’’ and inserting ‘‘Sec- the Transportation Security Administration MENTS.—Section 114, as amended by sub- retary of Defense’s designee’’; for salaries, operations, and maintenance of section (a), is further amended— (B) in subparagraphs (B), (C), (D), and (E) the Administration— (1) in subsection (g)— of paragraph (3), by inserting ‘‘of Homeland ‘‘(1) $7,849,247,000 for fiscal year 2019; (A) in paragraph (1)— Security’’ after ‘‘Secretary’’ each place it ap- ‘‘(2) $7,888,494,000 for fiscal year 2020; and (i) in the matter preceding subparagraph pears; ‘‘(3) $7,917,936,000 for fiscal year 2021.’’. (A), by striking ‘‘Subject to the direction and control of the Secretary’’ and inserting (C) in paragraph (4)(A), by inserting ‘‘of SEC. 2102. ADMINISTRATOR OF THE TRANSPOR- Homeland Security’’ after ‘‘Secretary’’; TATION SECURITY ADMINISTRA- ‘‘Subject to the direction and control of the TION; 5-YEAR TERM. Secretary of Homeland Security’’; and (D) in paragraph (5), by inserting ‘‘of (a) IN GENERAL.—Section 114, as amended (ii) in subparagraph (D), by inserting ‘‘of Homeland Security’’ after ‘‘Secretary’’; and by section 2101, is further amended— Homeland Security’’ after ‘‘Secretary’’; and (E) in paragraph (7)— (1) in subsection (a), by striking ‘‘Depart- (B) in paragraph (3), by inserting ‘‘of (i) in subparagraph (A), by striking ‘‘Not ment of Transportation’’ and inserting ‘‘De- Homeland Security’’ after ‘‘Secretary’’; later than December 31, 2008, and annually partment of Homeland Security’’; (2) in subsection (j)(1)(D), by inserting ‘‘of thereafter, the Secretary’’ and inserting (2) by amending subsection (b) to read as Homeland Security’’ after ‘‘Secretary’’; ‘‘The Secretary of Homeland Security’’; and follows: (3) in subsection (k), by striking ‘‘functions (ii) by striking subparagraph (D). (c) EXECUTIVE SCHEDULE.— ‘‘(b) LEADERSHIP.— transferred, on or after the date of enact- (1) ADMINISTRATOR OF THE TSA.— ‘‘(1) HEAD OF TRANSPORTATION SECURITY AD- ment of the Aviation and Transportation Se- (A) POSITIONS AT LEVEL II.—Section 5313 of MINISTRATION.— curity Act,’’ and inserting ‘‘functions as- title 5, United States Code, is amended by in- ‘‘(A) APPOINTMENT.—The head of the Ad- signed’’; ministration shall be the Administrator of (4) in subsection (l)(4)(B), by striking ‘‘Ad- serting after the item relating to the Under the Transportation Security Administration ministrator under subparagraph (A)’’ and in- Secretary of Homeland Security for Manage- (referred to in this section as the ‘Adminis- serting ‘‘Administrator of the Federal Avia- ment the following: ‘‘Administrator of the Transportation Se- trator’). The Administrator shall be ap- tion Administration under subparagraph curity Administration.’’. pointed by the President, by and with the ad- (A)’’; (B) BONUS ELIGIBILITY.—Section 101(c)(2) of vice and consent of the Senate. (5) in subsection (n), by striking ‘‘Depart- the Aviation and Transportation Security ‘‘(B) QUALIFICATIONS.—The Administrator ment of Transportation’’ and inserting ‘‘De- Act (5 U.S.C. 5313 note) is amended— must— partment of Homeland Security’’; (i) by striking ‘‘Under Secretary’’ and in- ‘‘(i) be a citizen of the United States; and (6) in subsection (o), by striking ‘‘Depart- serting ‘‘Administrator of the Transpor- ‘‘(ii) have experience in a field directly re- ment of Transportation’’ and inserting ‘‘De- tation Security Administration’’; lated to transportation or security. partment of Homeland Security’’; (ii) by striking ‘‘on the Secretary’s’’ and ‘‘(C) TERM.—Effective with respect to any (7) in subsection (p)(4), by striking ‘‘Sec- inserting ‘‘on the Secretary of Homeland Se- individual appointment by the President, by retary of Transportation’’ and inserting curity’s’’; and and with the advice and consent of the Sen- ‘‘Secretary of Homeland Security’’; (iii) by striking ‘‘Under Secretary’s’’ and ate, after August 1, 2017, the term of office of (8) in subsection (s)— inserting ‘‘Administrator’s’’. an individual appointed as the Administrator (A) in paragraph (3)(B), by inserting ‘‘)’’ (2) DEPUTY ADMINISTRATOR OF THE TSA.— shall be 5 years. after ‘‘Act of 2007’’; and Section 5315 of title 5, United States Code, is ‘‘(2) DEPUTY ADMINISTRATOR.— (B) in paragraph (4)— amended by inserting after the item relating ‘‘(A) APPOINTMENT.—There is established in (i) in the heading, by striking ‘‘SUBMIS- to the Deputy Administrator, Federal Avia- the Transportation Security Administration SIONS OF PLANS TO CONGRESS’’ and inserting tion Administration the following: a Deputy Administrator, who shall assist the ‘‘SUBMISSION OF PLANS’’; ‘‘Deputy Administrator, Transportation Administrator in the management of the (ii) by striking subparagraph (A); Security Administration.’’. Transportation Security Administration. (iii) by redesignating subparagraphs (B) (3) CHIEF COUNSEL OF THE TSA.—Section The Deputy Administrator shall be ap- through (E) as subparagraphs (A) through 5315 of title 5, United States Code, is amend- pointed by the President. (D), respectively; ed by inserting after the item relating to the ‘‘(B) VACANCY.—The Deputy Administrator (iv) in subparagraph (A), as redesignated— Deputy Administrator, Federal Aviation Ad- shall be Acting Administrator during the ab- (I) in the heading, by striking ‘‘SUBSE- ministration the following: sence or incapacity of the Administrator or QUENT VERSIONS’’ and inserting ‘‘IN GEN- ‘‘Chief Counsel, Transportation Security during a vacancy in the office of Adminis- ERAL’’; and Administration.’’. trator. (II) by striking ‘‘After December 31, 2015, SEC. 2103. TRANSPORTATION SECURITY ADMINIS- ‘‘(C) QUALIFICATIONS.—The Deputy Admin- the’’ and inserting ‘‘The’’; and TRATION ORGANIZATION. istrator must— (v) in subparagraph (B)(ii)(III)(cc), as re- Section 114, as amended by sections 2101 ‘‘(i) be a citizen of the United States; and designated, by striking ‘‘for the Depart- and 2102, is further amended by adding at the ‘‘(ii) have experience in a field directly re- ment’’ and inserting ‘‘for the Department of end the following: lated to transportation or security. Homeland Security’’; ‘‘(w) LEADERSHIP AND ORGANIZATION.—

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‘‘(1) IN GENERAL.—For each of the areas de- a list of the names of the individuals ap- (3) COORDINATION WITH FINAL TESTING.—To scribed in paragraph (2), the Administrator pointed under paragraph (1); and the extent practicable, but without compro- of the Transportation Security Administra- ‘‘(B) an update of the list not later than 5 mising the integrity of the TSA test and tion shall appoint at least 1 individual who days after any new individual is appointed evaluation process, the Administrator shall shall— under paragraph (1).’’. coordinate the third party detection testing ‘‘(A) report directly to the Administrator SEC. 2104. TSA LEAP PAY REFORM. under paragraph (1) with any subsequent, or the Administrator’s designated direct re- (a) DEFINITION OF BASIC PAY.—Clause (ii) of final Federal Government testing. port; and section 8331(3)(E) of title 5, United States (4) INTERNATIONAL STANDARDS.—To the ex- ‘‘(B) be responsible and accountable for Code, is amended to read as follows: tent practicable and permissible under law that area. ‘‘(ii) received after September 11, 2001, by a and considering the national security inter- ‘‘(2) AREAS DESCRIBED.—The areas de- Federal air marshal or criminal investigator ests of the United States, the Administrator scribed in this paragraph are as follows: (as defined in section 5545a(a)(2)) of the shall— ‘‘(A) Aviation security operations and Transportation Security Administration, (A) share detection testing information training, including risk-based, adaptive secu- subject to all restrictions and earning limi- and standards with appropriate international rity focused on airport checkpoint and bag- tations imposed on criminal investigators partners; and gage screening operations, workforce train- receiving such pay under section 5545a, in- (B) coordinate with the appropriate inter- ing and development programs, and other cluding the premium pay limitations under national partners to align TSA testing and specialized programs designed to secure air section 5547;’’. evaluation with relevant international transportation. (b) EFFECTIVE DATE; APPLICABILITY.— standards to maximize the capability to de- ‘‘(B) Surface transportation security oper- (1) IN GENERAL.—Subject to paragraph (2), tect explosives and other threats. ations and training, including risk-based, this section, and the amendments made by (c) OPERATIONAL TESTING.— adaptive security focused on accomplishing this section, shall take effect on the first day (1) IN GENERAL.—Subject to paragraph (2), security systems assessments, reviewing and of the first pay period commencing on or the third party testing and verification pro- prioritizing projects for appropriated surface after the date of enactment of this section. gram authorized under subsection (a) shall transportation security grants, operator (2) RETROACTIVE APPLICATION.— include operational testing. compliance with voluntary industry stand- (A) IN GENERAL.—Any availability pay re- (2) LIMITATION.—Third party operational ards, workforce training and development ceived for any pay period commencing before testing under paragraph (1) may not exceed 1 programs, and other specialized programs de- the date of enactment of this Act by a Fed- year. signed to secure surface transportation. eral air marshal or criminal investigator em- (d) ALTERNATIVE.—Third party testing ‘‘(C) Air cargo security operations, includ- ployed by the Transportation Security Ad- under subsection (a) shall replace as an al- ing risk-based, adaptive security focused on ministration shall be deemed basic pay ternative, at the discretion of the Adminis- air cargo operations, inspections, and other under section 8331(3) of title 5, United States trator, the testing at the TSA Systems Inte- specialized programs designed to secure Code, if the Transportation Security Admin- gration Facility, including operational test- cargo. istration treated such pay as retirement- ing for— ‘‘(D) Industry engagement and planning, creditable basic pay, but the Office of Per- (1) health and safety factors; including the development, interpretation, sonnel Management, based on an interpreta- (2) operator interface; promotion, and oversight of a unified effort tion of section 8331(3) of title 5, United (3) human factors; regarding risk-based, risk-reducing security States Code, did not accept such pay as re- (4) environmental factors; policies and plans (including strategic plan- tirement-creditable basic pay. (5) throughput; ning for future contingencies and security (B) IMPLEMENTATION.—Not later than 3 (6) reliability, maintainability, and avail- challenges) between government and trans- months after the date of enactment of this ability factors; and portation stakeholders, including airports, Act, the Director of the Office of Personnel (7) interoperability. domestic and international airlines, general Management shall commence taking such (e) TESTING AND VERIFICATION FRAME- aviation, air cargo, mass transit and pas- actions as are necessary to implement the WORK.— senger rail, freight rail, pipeline, highway amendments made by this section with re- (1) IN GENERAL.—The Administrator shall— and motor carriers, and maritime. spect to availability pay deemed to be basic (A) establish a framework for the third ‘‘(E) International strategy and operations, pay under subparagraph (A). party testing and for verifying a security including agency efforts to work with inter- SEC. 2105. TRANSMITTALS TO CONGRESS. technology is operationally effective and national partners to secure the global trans- able to meet the TSA’s mission needs before portation network. With regard to each report, legislative pro- posal, or other communication of the Execu- it may enter or re-enter, as applicable, the ‘‘(F) Trusted and registered traveler pro- operational context at an airport or other grams, including the management and mar- tive Branch related to the TSA and required to be submitted to Congress or the appro- transportation facility; keting of the agency’s trusted traveler ini- (B) use phased implementation to allow tiatives, including the PreCheck Program, priate committees of Congress, the Adminis- trator shall transmit such communication the TSA and the third party to establish best and coordination with trusted traveler pro- practices; and grams of other Department of Homeland Se- directly to the appropriate committees of Congress. (C) oversee the third party testing and curity agencies and the private sector. evaluation framework. TITLE II—TRANSPORTATION SECURITY ‘‘(G) Technology acquisition and deploy- (2) RECOMMENDATIONS.—The Administrator ment, including the oversight, development, Subtitle A—Security Technology shall request ASAC’s Security Technology testing, evaluation, acquisition, deployment, SEC. 2201. THIRD PARTY TESTING AND EVALUA- Subcommittee, in consultation with rep- and maintenance of security technology and TION OF SCREENING TECHNOLOGY. resentatives of the security manufacturers other acquisition programs. (a) IN GENERAL.—In carrying out the re- industry, to develop and submit to the Ad- ‘‘(H) Inspection and compliance, including sponsibilities under section 114(f)(9), the Ad- ministrator recommendations for the third the integrity, efficiency and effectiveness of ministrator shall develop and implement, party testing and verification framework. the agency’s workforce, operations, and pro- not later than 1 year after the date of enact- (f) FIELD TESTING.—The Administrator grams through objective audits, covert test- ment of this Act, a program to enable a ven- shall prioritize the field testing and evalua- ing, inspections, criminal investigations, and dor of related security screening technology tion, including by third parties, of security regulatory compliance. to obtain testing and verification, including technology and equipment at airports and on ‘‘(I) Civil rights, liberties, and traveler en- as an alternative to the TSA’s test and eval- site at security technology manufacturers gagement, including ensuring that agency uation process, by an appropriate third whenever possible as an alternative to the employees and the traveling public are treat- party, of such technology before procure- TSA Systems Integration Facility. ed in a fair and lawful manner consistent ment or deployment. SEC. 2202. RECIPROCAL RECOGNITION OF SECU- with Federal laws and regulations protecting (b) DETECTION TESTING.— RITY STANDARDS. privacy and prohibiting discrimination and (1) IN GENERAL.—The third party testing (a) IN GENERAL.—The Administrator, in co- reprisal. and verification program authorized under ordination with appropriate international ‘‘(J) Legislative and public affairs, includ- subsection (a) shall include detection testing aviation security authorities, shall develop a ing communication and engagement with in- to evaluate the performance of the security validation process for the reciprocal recogni- ternal and external audiences in a timely, screening technology system regarding the tion of security equipment technology ap- accurate, and transparent manner, and de- probability of detection, the probability of provals among international security part- velopment and implementation of strategies false alarm, and such other indicators that ners or recognized certification authorities within the agency to achieve congressional the system is able to meet the TSA’s mission for deployment. approval or authorization of agency pro- needs. (b) REQUIREMENT.—The validation process grams and policies. (2) RESULTS.—The results of the third shall ensure that the certification by each ‘‘(3) NOTIFICATION.—The Administrator party detection testing under paragraph (1) participating international security partner shall transmit to the appropriate commit- shall be considered final if the results are ap- or recognized certification authority com- tees of Congress— proved by the Administration in accordance plies with detection, qualification, and infor- ‘‘(A) not later than 180 days after the date with approval standards developed by the mation security, including cybersecurity, of enactment of the TSA Modernization Act, Administrator. standards of the TSA, the Department of

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AUTHORIZATION OF APPROPRIATIONS; (b) PERIODIC REVIEWS.—The Administrator SEC. 2205. 5-YEAR TECHNOLOGY INVESTMENT EXIT LANE SECURITY. shall review the screening technology test PLAN UPDATE. There is authorized to be appropriated to and evaluation process conducted at the Section 1611(g) of the Homeland Security carry out section 44903(n)(1) of title 49, Transportation Security Laboratory to im- Act of 2002 (6 U.S.C. 563(g)) is amended— United States Code, $77,000,000 for each of fis- prove the coordination, collaboration, and (1) by striking the matter preceding para- cal years 2019 through 2021. communication between the Transportation graph (1) and inserting ‘‘The Administrator SEC. 2209. REAL-TIME SECURITY CHECKPOINT Security Laboratory and the Office of Acqui- shall, in collaboration with relevant indus- WAIT TIMES. sition Program Management at the TSA to try and government stakeholders, annually (a) IN GENERAL.—Not later than 18 months identify factors contributing to acquisition submit to Congress in an appendix to the after the date of enactment of this Act, the inefficiencies, develop strategies to reduce budget request and publish in an unclassified Administrator shall make available to the acquisition inefficiencies, facilitate more ex- format in the public domain—’’; public information on wait times at each air- peditious initiation and completion of test- (2) in paragraph (1), by striking ‘‘; and’’ and port security checkpoint. (b) REQUIREMENTS.—The information de- ing, and identify how laboratory practices inserting a semicolon; scribed in subsection (a) shall be provided in can better support acquisition decisions. (3) in paragraph (2), by striking the period real time via technology and published— and inserting ‘‘; and’’; and SEC. 2204. INNOVATION TASK FORCE. (1) online; and (4) by adding at the end the following: (a) IN GENERAL.—The Administrator shall (2) in physical locations at the applicable ‘‘(3) information about acquisitions com- establish an innovation task force— airport terminal. pleted during the fiscal year preceding the (1) to cultivate innovations in aviation se- (c) CONSIDERATIONS.—The Administrator curity; fiscal year during which the report is sub- shall make the information described in sub- (2) to develop and recommend how to mitted.’’. section (a) available to the public in a man- prioritize and streamline requirements for SEC. 2206. BIOMETRICS EXPANSION. ner that does not increase public area secu- new approaches to aviation security; Not later than 270 days after the date of rity risks. (3) to accelerate the development and in- enactment of this Act, the Administrator, in (d) DEFINITION OF WAIT TIME.—In this sec- troduction of new innovative aviation secu- coordination with the Commissioner of Cus- tion, the term ‘‘wait time’’ means the period rity technologies and improvements to avia- toms and Border Protection, shall— beginning when a passenger enters a queue tion security operations; and (1) assess the operational and security im- for a screening checkpoint and ending when (4) to provide industry with access to the pact of using biometric technology to iden- that passenger exited the checkpoint. airport environment during the technology tify passengers; SEC. 2210. GAO REPORT ON UNIVERSAL DEPLOY- development and assessment process to dem- (2) assess the effects on privacy of the ex- MENT OF ADVANCED IMAGING onstrate the technology and to collect data pansion of the use of biometric technology TECHNOLOGIES. to understand and refine technical oper- under paragraph (1), including methods to (a) STUDY.—The Comptroller General of ations and human factor issues. mitigate any risks to privacy identified by the United States shall conduct a study of the cost to the TSA or an airport to rede- (b) ACTIVITIES.—The task force shall— the Administrator related to the active or (1) conduct activities to identify and de- passive collection of biometric data; sign, if necessary, airport security areas to velop an innovative technology, emerging se- (3) facilitate, if appropriate, the deploy- fully deploy advanced imaging technologies curity capability, or process designed to en- ment of such biometric technology at check- at each airport at which security screening operations are conducted or overseen by the hance aviation security, including— points, screening lanes, bag drop and board- TSA. (A) by conducting a field demonstration of ing areas, and other areas where such de- (b) COST ANALYSIS.—As a part of the study ployment would enhance security and facili- such a technology, capability, or process in conducted under subsection (a), the Comp- the airport environment; tate passenger movement; troller General shall identify the costs that (B) by gathering performance data from (4) submit to the appropriate committees would be incurred by the TSA or the air- such a demonstration to inform the acquisi- of Congress a report on the assessments port— tion process; and under paragraph (1) and (2) and deployment (1) to purchase the equipment and other as- (C) by enabling a small business with an under paragraph (3); and sets necessary to deploy advanced imaging innovative technology or emerging security (5) if practicable, publish the assessment technologies at the airport; capability, but less than adequate resources, required by paragraph (2) on a publicly ac- (2) to install such equipment, including to participate in such a demonstration; cessible Internet website of the TSA. any related variant, and assets in the air- (2) conduct at least quarterly collaboration SEC. 2207. PILOT PROGRAM FOR AUTOMATED port; and meetings with industry, including air car- EXIT LANE TECHNOLOGY. (3) to maintain such equipment and assets. riers, airport operators, and other aviation (a) IN GENERAL.—Not later than 90 days (c) REPORT.—Not later than 1 year after security stakeholders to highlight and dis- after the date of enactment of this Act, the the date of enactment of this Act, the Comp- cuss best practices on innovative security Administrator shall establish a pilot pro- troller General shall submit to the appro- operations and technology evaluation and gram to implement and evaluate the use of priate committees of Congress a report on deployment; and automated exit lane technology at small hub the findings of the study under subsection (3) submit to the appropriate committees airports and nonhub airports (as those terms (a). of Congress an annual report on the effec- are defined in section 40102 of title 49, United SEC. 2211. TESTING AND VERIFICATION PER- tiveness of key performance data from task States Code). FORMANCE OBJECTIVES. force-sponsored projects and checkpoint en- (b) PARTNERSHIP.—The Administrator shall (a) IN GENERAL.—The Administrator shall hancements. carry out the pilot program in partnership establish performance objectives for the (c) COMPOSITION.— with the applicable airport directors. testing and verification of security tech- (1) APPOINTMENT.—The Administrator, in (c) COST SHARE.—The Federal share of the nology, including testing and verification consultation with the Chairperson of ASAC cost of the pilot program under this section conducted by third parties under section shall appoint the members of the task force. shall not exceed 85 percent of the total cost 2201, to ensure that progress is made, at a (2) CHAIRPERSON.—The task force shall be of the program. minimum, toward— chaired by the Administrator’s designee. (d) AUTHORIZATION OF APPROPRIATIONS.— (1) reducing time for each phase of testing (3) REPRESENTATION.—The task force shall There is authorized to be appropriated to while maintaining security (including test- be comprised of representatives of— carry out the pilot program under this sec- ing for detection testing, operational test- (A) the relevant offices of the TSA; tion $15,000,000 for each of fiscal years 2019 ing, testing and verification framework, and (B) if considered appropriate by the Ad- through 2021. field testing); ministrator, the Science and Technology Di- (e) GAO REPORT.—Not later than 2 years (2) eliminating testing and verification rectorate of the Department of Homeland Se- after the date the pilot program is imple- delays; and curity; mented, the Comptroller General of the (3) increasing accountability. (C) any other component of the Depart- United States shall submit to the appro- (b) PERFORMANCE METRICS.— ment of Homeland Security that the Admin- priate committees of Congress a report on (1) IN GENERAL.—In carrying out subsection istrator considers appropriate; and the pilot program, including— (a), the Administrator shall establish and (D) such industry representatives as the (1) the extent of airport participation in continually track performance metrics for Administrator considers appropriate. the pilot program and how the program was each type of security technology submitted (d) RULE OF CONSTRUCTION.—Nothing in implemented; for testing and verification, including test- this section shall be construed to require the (2) the results of the pilot program and any ing and verification conducted by third par- acquisition or deployment of an innovative reported benefits, including the impact on ties under section 2201.

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(2) MEASURING PROGRESS TOWARD GOALS.— (c) AGREEMENT.—Subject to subsections basis to the TSA to be deployed as a pas- The Administrator shall use the metrics es- (d), (e), and (f), not later than 180 days after senger screening canine at that airport un- tablished and tracked under paragraph (1) to the date of enactment of this Act, the Ad- less the applicable large hub airport consents generate data on an ongoing basis and to ministrator shall enter into an agreement to the use of that certified canine elsewhere. measure progress toward the achievement of with at least 1 third party to test and certify (ii) NONDEPLOYABLE CANINES.—Any cer- the performance objectives established under the capabilities of canines in accordance tified canine provided to the TSA under subsection (a). with the standards under subsection (a). clause (i) that does not complete training for (3) REPORT REQUIRED.— (d) EXPEDITED DEPLOYMENT.—In entering deployment under that clause shall be the (A) IN GENERAL.—Not later than 2 years into an agreement under subsection (c), the responsibility of the large hub airport unless after the date of enactment of this Act, the Administrator shall use— the TSA agrees to a different outcome. Administrator shall submit to the appro- (1) the other transaction authority under (C) HANDLERS.—Not later than 30 days be- priate committees of Congress a report as- section 114(m) of title 49, United States Code; fore an applicable large hub airport begins sessing the extent to which the performance or training a certified canine under subpara- objectives established under subsection (a), (2) such other authority of the Adminis- graph (B), the airport shall notify the TSA of as measured by the performance metrics es- trator as the Administrator considers appro- such training and the Administrator shall tablished and tracked under paragraph (1), priate to expedite the deployment of addi- assign a TSA canine handler to participate have been met. tional canine teams. in the training with that canine, as appro- (B) ELEMENTS.—The report required by (e) PROCESS.—Before entering into an priate. subparagraph (A) shall include— agreement under subsection (c), the Admin- (D) LIMITATION.—The Administrator may (i) a list of the performance metrics estab- istrator shall— not reduce the staffing allocation model for lished under paragraph (1), including the (1) evaluate and verify the third party’s an applicable large hub airport based on that length of time for each phase of testing and ability to effectively evaluate the capabili- airport’s provision of a certified canine verification for each type of security tech- ties of canines; under this paragraph. nology; and (2) designate at least 3 evaluation centers (j) DEFINITIONS.—In this section: (ii) a comparison of the progress achieved to which vendors may send canines for test- (1) APPLICABLE LARGE HUB AIRPORT.—The for testing and verification of security tech- ing and certification by the third party; and term ‘‘applicable large hub airport’’ means a nology conducted by the TSA and the testing (3) periodically assess the program at eval- large hub airport (as defined in section 40102 and verification of security technology con- uation centers to ensure the proficiency of of title 49, United States Code) that has less ducted by third parties. the canines beyond the initial testing and than 100 percent of the allocated passenger (C) PROPRIETARY INFORMATION.—The report certification by the third party. screening canine teams staffed by the TSA. (f) CONSULTATION.—To determine best prac- required by subparagraph (A) shall— (2) AVIATION STAKEHOLDER.—The term tices for the use of third parties to test and (i) not include identifying information re- ‘‘aviation stakeholder’’ includes an airport, certify the capabilities of canines, the Ad- garding an individual or entity or equip- airport operator, and air carrier. ministrator shall consult with the following ment; and persons before entering into an agreement SEC. 2222. TRACKING AND MONITORING OF CA- (ii) protect proprietary information. NINE TRAINING AND TESTING. under subsection (c): Not later than 180 days after the date of SEC. 2212. COMPUTED TOMOGRAPHY PILOT PRO- (1) The Secretary of State. GRAM. enactment of this Act, the Administrator (2) The Secretary of Defense. Not later than 90 days after the date of en- shall use, to the extent practicable, a digital (3) Non-profit organizations that train, cer- actment of this Act, the Administrator shall monitoring system for all training, testing, tify, and provide the services of canines for carry out a pilot program to test the use of and validation or certification of public and various purposes. screening equipment using computed tomog- private canine assets utilized or funded by (4) Institutions of higher education with raphy technology to screen baggage at pas- the TSA to facilitate improved review, data research programs related to use of canines senger screening checkpoints at airports. analysis, and record keeping of canine test- for the screening of individuals and property, SEC. 2213. NUCLEAR MATERIAL AND EXPLOSIVE ing performance and program administra- including detection of explosive vapors DETECTION TECHNOLOGY. tion. The Secretary, in coordination with the among individuals and articles of property. (g) THIRD PARTY EXPLOSIVES DETECTION SEC. 2223. VIPR TEAM STATISTICS. Director of the National Institute of Stand- CANINE PROVIDER LIST.— (a) IN GENERAL.—Not later than 90 days ards and Technology and the head of each (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, and relevant Federal department or agency re- after the date of enactment of this Act, the annually thereafter, the Administrator shall searching nuclear material detection sys- Administrator shall develop and maintain a notify the appropriate committees of Con- tems or explosive detection systems, shall list of the names of each third party from gress of the number of VIPR teams available research, facilitate, and, to the extent prac- which the TSA procures explosive detection for deployment at transportation facilities, ticable, deploy next generation technologies, canines, including for each such third party including— including active neutron interrogation, to the relevant contractual period of perform- (1) the number of VIPR team operations detect nuclear material and explosives in ance. that include explosive detection canine transportation systems and transportation (2) DISTRIBUTION.—The Administrator shall teams; and facilities. make the list under paragraph (1) available (2) the distribution of VIPR team oper- Subtitle B—Public Area Security to appropriate transportation stakeholders ations deployed across different modes of SEC. 2221. THIRD PARTY CANINES. in such form and manner as the Adminis- transportation. (a) IN GENERAL.—Not later than 120 days trator prescribes. (b) ANNEX.—The notification under sub- after the date of enactment of this Act, to (h) OVERSIGHT.—The Administrator shall section (a) may contain a classified annex. enhance the efficiency and efficacy of trans- establish a process to ensure appropriate (c) DEFINITION OF VIPR TEAM.—In this sec- portation security by increasing the supply oversight of the certification program and tion, the term ‘‘VIPR’’ means a Visible of canine teams for use by the TSA and compliance with the standards under sub- Intermodal Prevention and Response team transportation stakeholders, the Adminis- section (a), including periodic audits of par- authorized under section 1303 of the National trator shall develop and issue standards that ticipating third parties. Transit Systems Security Act of 2007 (6 a third party explosives detection canine (i) AUTHORIZATION.— U.S.C. 1112). must satisfy to be certified for the screening (1) TSA.—The Administrator shall develop SEC. 2224. PUBLIC AREA BEST PRACTICES. of individuals and property, including detec- and implement a process for the TSA to pro- (a) IN GENERAL.—The Administrator shall, tion of explosive vapors among individuals cure third party explosives detection canines in accordance with law and as received or de- and articles of property, in public areas of an certified under this section. veloped, periodically submit information, on airport under section 44901 of title 49, United (2) AVIATION STAKEHOLDERS.— any best practices developed by the TSA or States Code. (A) IN GENERAL.—The Administrator shall appropriate transportation stakeholders re- (b) AUGMENTING PUBLIC AREA SECURITY.— authorize an aviation stakeholder, under the lated to protecting the public spaces of (1) IN GENERAL.—The Administrator shall oversight of and in coordination with the transportation infrastructure from emerging develop guidance on the coordination of de- Federal Security Director at an applicable threats, to the following: velopment and deployment of explosives de- airport, to contract with, procure or pur- (1) Federal Security Directors at airports. tection canine teams for use by transpor- chase, and deploy one or more third party (2) Appropriate security directors for other tation stakeholders to enhance public area explosives detection canines certified under modes of transportation. security at transportation hubs, including this section to augment public area security (3) Other appropriate transportation secu- airports. at that airport. rity stakeholders. (2) CONSULTATION.—In developing the guid- (B) APPLICABLE LARGE HUB AIRPORTS.— (b) INFORMATION SHARING.—The Adminis- ance under paragraph (1), the Administrator (i) IN GENERAL.—Notwithstanding any law trator shall, in accordance with law— shall consult with such transportation to the contrary and subject to the other pro- (1) in coordination with the Office of the stakeholders, canine providers, law enforce- visions of this paragraph, an applicable large Director of National Intelligence and indus- ment, and transportation security providers hub airport may provide a certified canine try partners, implement improvements to as the Administrator considers relevant. described in subparagraph (A) on an in-kind the Air Domain Intelligence and Analysis

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3827 Center to encourage increased participation trator shall use the authority provided to ‘‘(C) is evaluated and certified by the Sec- from stakeholders and enhance government the Administrator under section 114(m) of retary of Homeland Security. and industry security information sharing title 49, United States Code, that is the same ‘‘(e) TARGET ENROLLMENT.—Subject to sub- on transportation security threats, including authority as is provided to the Adminis- sections (b), (c), and (d), the Administrator on cybersecurity threat awareness; trator of the Federal Aviation Administra- shall take actions to expand the total num- (2) expand and improve the City and Air- tion under section 106(m) of that title. ber of individuals enrolled in the PreCheck port Threat Assessment or similar program (c) ADMINISTRATIVE BURDENS.—The Admin- Program as follows: to public and private stakeholders to cap- istrator shall review the regulations and ‘‘(1) 7,000,000 passengers before October 1, ture, quantify, communicate, and apply ap- compliance policies related to the Law En- 2019. plicable intelligence to inform transpor- forcement Officer Reimbursement Program ‘‘(2) 10,000,000 passengers before October 1, tation infrastructure mitigation measures, and, if necessary, revise such regulations and 2020. such as— policies to reduce any administrative bur- ‘‘(3) 15,000,000 passengers before October 1, (A) quantifying levels of risk by airport dens on applicants or recipients of such 2021. that can be used to determine risk-based se- awards. ‘‘(f) MARKETING OF PRECHECK PROGRAM.— curity mitigation measures at each location; (d) AUTHORIZATION OF APPROPRIATIONS.— Not later than 90 days after the date of en- actment of the TSA Modernization Act, the (B) determining random and surge em- There is authorized to be appropriated to Administrator shall— ployee inspection operations based on chang- carry out section 44901(h) of title 49, United ‘‘(1) enter into at least 2 agreements, using ing levels of risk; and States Code, $55,000,000 for each of fiscal other transaction authority under section (C) targeting any high-risk employee years 2019 through 2021. 114(m) of this title, to market the PreCheck groups and specific points of risk within the Subtitle C—Passenger and Cargo Security Program; and airport perimeter for such mitigation meas- SEC. 2231. PRECHECK PROGRAM. ‘‘(2) implement a long-term strategy for ures as random inspections; (a) IN GENERAL.—Section 44919 is amended partnering with the private sector to encour- (3) continue to disseminate Transportation to read as follows: age enrollment in such program. Intelligence Notes, tear-lines, and related in- ‘‘§ 44919. PreCheck Program ‘‘(g) IDENTITY VERIFICATION ENHANCE- telligence products to appropriate transpor- ‘‘(a) IN GENERAL.—The Administrator of MENT.—The Administrator shall— tation security stakeholders on a regular the Transportation Security Administration ‘‘(1) coordinate with the heads of appro- basis; and shall continue to administer the PreCheck priate components of the Department to le- (4) continue to conduct both regular rou- Program in accordance with section 109(a)(3) verage Department-held data and tech- tine and threat-specific classified briefings of the Aviation and Transportation Security nologies to verify the identity and citizen- between the TSA and appropriate transpor- Act (49 U.S.C. 114 note). ship of individuals enrolling in the PreCheck tation sector stakeholders on an individual ‘‘(b) EXPANSION.—Not later than 180 days Program; or group basis to provide greater information after the date of enactment of the TSA Mod- ‘‘(2) partner with the private sector to use sharing between public and private sectors. ernization Act, the Administrator shall biometrics and authentication standards, (c) MASS NOTIFICATION.—The Adminis- enter into an agreement, using other trans- such as relevant standards developed by the trator shall encourage security stakeholders action authority under section 114(m) of this National Institute of Standards and Tech- to utilize mass notification systems, includ- nology, to facilitate enrollment in the pro- ing the Integrated Public Alert Warning Sys- title, with at least 2 private sector entities gram; and tem of the Federal Emergency Management to increase the methods and capabilities ‘‘(3) consider leveraging the existing re- Agency and social media platforms, to dis- available for the public to enroll in the sources and abilities of airports to collect seminate information to transportation com- PreCheck Program. ‘‘(c) MINIMUM CAPABILITY REQUIREMENTS.— fingerprints for use in background checks to munity employees, travelers, and the general At least 1 agreement under subsection (b) expedite identity verification. public, as appropriate. ‘‘(h) PRECHECK PROGRAM LANES OPER- (d) PUBLIC AWARENESS PROGRAMS.—The shall include the following capabilities: ATION.—The Administrator shall— Secretary, in coordination with the Adminis- ‘‘(1) Start-to-finish secure online or mobile ‘‘(1) ensure that PreCheck Program screen- trator, shall expand public programs of the enrollment capability. Department of Homeland Security and the ‘‘(2) Vetting of an applicant by means ing lanes are open and available during peak TSA that increase security threat aware- other than biometrics, such as a risk assess- and high-volume travel times at appropriate ness, education, and training to include ment, if— airports to individuals enrolled in the transportation network public area employ- ‘‘(A) such means— PreCheck Program; and ees, including airport and transportation ‘‘(i) are evaluated and certified by the Sec- ‘‘(2) make every practicable effort to pro- vendors, local hotels, cab and limousine retary of Homeland Security; vide expedited screening at standard screen- companies, ridesharing companies, cleaning ‘‘(ii) meet the definition of a qualified anti- ing lanes during times when PreCheck Pro- companies, gas station attendants, cargo op- terrorism technology under section 865 of the gram screening lanes are closed to individ- erators, and general aviation members. Homeland Security Act of 2002 (6 U.S.C. 444); uals enrolled in the program in order to (e) AVIATION EMPLOYEE VETTING.—The Ad- and maintain operational efficiency. ministrator shall allow an air carrier, air- ‘‘(iii) are determined by the Administrator ‘‘(i) VETTING FOR PRECHECK PROGRAM PAR- port, or airport operator, in addition to any to provide a risk assessment that is as effec- TICIPANTS.—The Administrator shall initiate background check required for initial em- tive as a fingerprint-based criminal history an assessment to identify any security ployment, to utilize the Federal Bureau of records check conducted through the Federal vulnerabilities in the vetting process for the Investigation’s Rap Back Service and other Bureau of Investigation with respect to iden- PreCheck Program, including determining vetting tools as appropriate, including the tifying individuals who are not qualified to whether subjecting PreCheck Program par- ticipants to recurrent fingerprint-based No-Fly and Selectee lists, to get immediate participate in the PreCheck Program due to criminal history records checks, in addition notification of any criminal activity relating disqualifying criminal history; and to recurrent checks against the terrorist to an employee with access to an airport or ‘‘(B) with regard to private sector risk as- watchlist, could be done in a cost-effective its perimeter, regardless of whether the em- sessments, the Secretary has certified that manner to strengthen the security of the reasonable procedures are in place with re- ployee is seeking access to a public or se- PreCheck Program. gard to the accuracy, relevancy, and proper cured area of the airport. ‘‘(j) ASSURANCE OF SEPARATE PROGRAM.—In SEC. 2225. LAW ENFORCEMENT OFFICER REIM- utilization of information employed in such carrying out this section, the Administrator BURSEMENT PROGRAM. risk assessments. shall ensure that the additional private sec- (a) IN GENERAL.—In accordance with sec- ‘‘(d) ADDITIONAL CAPABILITY REQUIRE- tor application capabilities under sub- tion 44903(c)(1) of title 49, United States MENTS.—At least 1 agreement under sub- sections (b), (c), and (d) are undertaken in Code, the Administrator shall increase the section (b) shall include the following capa- addition to any other related TSA program, number of awards, and the total funding bilities: initiative, or procurement, including the amount of each award, under the Law En- ‘‘(1) Start-to-finish secure online or mobile Universal Enrollment Services program. forcement Officer Reimbursement Program— enrollment capability. ‘‘(k) EXPENDITURE OF FUNDS.—Any Federal (1) to increase the presence of law enforce- ‘‘(2) Vetting of an applicant by means of funds expended by the Administrator to ex- ment officers in the public areas of airports, biometrics if the collection— pand PreCheck Program enrollment shall be including baggage claim, ticket counters, ‘‘(A) is comparable with the appropriate expended in a manner that includes the re- and nearby roads; and applicable standards developed by the quirements of this section.’’. (2) to increase the presence of law enforce- National Institute of Standards and Tech- (b) TECHNICAL AND CONFORMING AMEND- ment officers at screening checkpoints; nology; MENTS.— (3) to reduce the response times of law en- ‘‘(B) protects privacy and data security, in- (1) REPEAL.—Subtitle A of title III of the forcement officers during security incidents; cluding that any personally identifiable in- FAA Extension, Safety, and Security Act of and formation is collected, retained, used, and 2016 (49 U.S.C. 44901 note) and the items re- (4) to provide visible deterrents to poten- shared in a manner consistent with section lating to that subtitle in the table of con- tial terrorists. 552a of title 5, United States Code (com- tents of that Act are repealed. (b) COOPERATION BY ADMINISTRATOR.—In monly known as ‘Privacy Act of 1974’), and (2) TABLE OF CONTENTS.—The table of con- carrying out subsection (a), the Adminis- with agency regulations; and tents of chapter 449 is amended by amending

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TRUSTED TRAVELER PROGRAMS; COL- LABORATION. ministrator shall— ‘‘(2) CONTRACTS.—Not later than 90 days Not later than 180 days after the date of ‘‘(A) facilitate the deployment of such as- after the selection of a qualified private enactment of this Act, the Administrator, in sets that meet the certification standards of screening company by the operator, the Ad- consultation with the Commissioner of U.S. the Administration, as determined by the ministrator shall enter into a contract with Customs and Border Protection, shall— Administrator; such company for the provision of screening (1) review each trusted traveler program ‘‘(B) make such standards available to ven- at the airport, airport terminal, or airport administered by U.S. Customs and Border dors seeking to train and deploy third party security checkpoint if—’’; and Protection and the PreCheck Program; explosives detection canine assets; and (D) in paragraph (2), as redesignated— (2) identify any improvements that can be ‘‘(C) ensure that all costs for the training (i) in subparagraph (A), by striking ‘‘; and’’ made to such programs— and certification of canines, and for the use and inserting a semicolon; (A) to streamline and integrate the re- of supplied canines, are borne by private in- (ii) in subparagraph (B)— quirements and operations of such programs dustry and not the Federal Government. (I) by striking ‘‘Under Secretary’’ and in- to reduce administrative burdens, including ‘‘(3) DEFINITIONS.—In this subsection: serting ‘‘Administrator’’; and applications for inclusion and determining ‘‘(A) AIR CARRIER.—The term ‘air carrier’ (II) by striking the period at the end and whether a valid credential can satisfy the re- has the meaning given the term in section inserting ‘‘; and’’; and quirements for another credential; 40102 of title 49, United States Code. (iii) by adding at the end the following: (B) to increase information and data shar- ‘‘(B) FOREIGN AIR CARRIER.—The term ‘for- ‘‘(C) the selected qualified private screen- ing across such programs; and eign air carrier’ has the meaning given the ing company offered contract price is equal (C) to allow the public to access and link term in section 40102 of title 49, United to or less than the cost to the Federal Gov- to the applications for enrollment in all of States Code. ernment to provide screening services at the such programs from 1 online portal; ‘‘(C) THIRD PARTY EXPLOSIVES DETECTION airport, airport terminal, or airport security (3) identify any law, including regulations, CANINE ASSET.—The term ‘third party explo- checkpoint.’’; and policy, or procedure that may unnecessarily sives detection canine asset’ means any ex- (E) in paragraph (3), as redesignated— inhibit collaboration among Department of plosives detection canine or handler not (i) by striking ‘‘paragraph (1)(B)’’ and in- Homeland Security agencies regarding such owned or employed, respectively, by the serting ‘‘paragraph (2)(B)’’; and programs or implementation of the improve- Transportation Security Administration.’’. (ii) by striking ‘‘Under Secretary’’ each ments identified under paragraph (2); SEC. 2235. KNOWN SHIPPER PROGRAM REVIEW. place it appears and inserting ‘‘Adminis- (4) recommend any legislative, administra- The Administrator shall direct the Air trator’’; tive, or other actions that can be taken to Cargo Subcommittee of ASAC— (5) in subsection (e)— eliminate any unnecessary barriers to col- (1) to conduct a comprehensive review and (A) in the heading, by striking ‘‘SCREENED’’ laboration or implementation identified in security assessment of the Known Shipper and inserting ‘‘SCREENING’’; paragraph (3); and Program; (B) by striking the period at the end and (5) submit to the appropriate committees (2) to recommend whether the Known Ship- inserting ‘‘; and’’; of Congress a report on the review, including per Program should be modified or elimi- (C) by striking ‘‘The Under Secretary any unnecessary barriers to collaboration or nated considering the full implementation of shall’’ and inserting ‘‘The Administrator implementation identified under paragraph 100 percent screening under section 44901(g) shall—’’; (3), and any recommendations under para- of title 49, United States Code; and (D) by inserting ‘‘(1)’’ before ‘‘provide Fed- graph (4). (3) to report its findings and recommenda- eral Government’’ and indenting appro- SEC. 2233. PASSENGER SECURITY FEE. tions to the Administrator. priately; and Section 44940(c) is amended by adding at SEC. 2236. SCREENING PARTNERSHIP PROGRAM (E) by adding at the end the following: the end the following: UPDATES. ‘‘(2) undertake covert testing and remedial training support for employees of private ‘‘(3) OFFSETTING COLLECTIONS.—Beginning (a) SECURITY SCREENING OPT-OUT PRO- on October 1, 2025, fees collected under sub- GRAM.—Section 44920 is amended— screening companies providing screening at section (a)(1) for any fiscal year shall be (1) in the heading by striking ‘‘Security airports.’’; credited as offsetting collections to appro- screening opt-out program’’ and inserting (6) in subsection (f)— priations made for aviation security meas- ‘‘Screening partnership program’’; (A) in the heading, by inserting ‘‘OR SUS- ures carried out by the Transportation Secu- (2) by amending subsection (a) to read as PENSION’’ after ‘‘TERMINATION’’; rity Administration, to remain available follows: (B) by striking ‘‘terminate’’ and inserting until expended.’’. ‘‘(a) IN GENERAL.—An operator of an air- ‘‘suspend or terminate, as appropriate,’’; and (C) by striking ‘‘Under Secretary’’ each SEC. 2234. THIRD PARTY CANINE TEAMS FOR AIR port, airport terminal, or airport security CARGO SECURITY. checkpoint may submit to the Administrator place it appears and inserting ‘‘Adminis- Section 1307 of the Implementing Rec- of the Transportation Security Administra- trator’’; and ommendations of the 9/11 Commission Act of tion an application to carry out the screen- (7) by striking subsection (h). 2007 (6 U.S.C. 1116) is amended by adding at ing of passengers and property at the airport (b) APPLICATIONS SUBMITTED BEFORE THE the end the following: under section 44901 by personnel of a quali- DATE OF ENACTMENT.—Not later than 30 days ‘‘(h) THIRD PARTY CANINE TEAMS FOR AIR fied private screening company pursuant to a after the date of enactment of this Act, the CARGO SECURITY.— contract with the Transportation Security Administrator shall approve or deny, in ac- ‘‘(1) IN GENERAL.—In order to enhance the Administration.’’; cordance with section 44920(b) of title 49, screening of air cargo and ensure that third (3) in subsection (b)— United States Code, as amended by this Act, party explosives detection canine assets are (A) by amending paragraph (1) to read as leveraged for such purpose, the Adminis- follows: each application submitted before the date trator shall, not later than 180 days after the ‘‘(1) IN GENERAL.—Not later than 30 days of enactment of this Act, by an airport oper- date of enactment of the TSA Modernization after the date of receipt of an application ator under subsection (a) of that section, Act— submitted by an operator of an airport, air- that is awaiting such a determination. ‘‘(A) develop and issue standards for the port terminal, or airport security checkpoint SEC. 2237. SCREENING PERFORMANCE ASSESS- use of such third party explosives detection under subsection (a), the Administrator shall MENTS. canine assets for the primary screening of approve or deny the application.’’; and air cargo; (B) in paragraphs (2) and (3), by striking Subject to part 1520 of title 49, Code of Fed- ‘‘(B) develop a process to identify qualified ‘‘Under Secretary’’ each place it appears and eral Regulations, the Administrator shall non-Federal entities that will certify canine inserting ‘‘Administrator’’; quarterly make available to the airport di- assets that meet the standards established (4) in subsection (d)— rector of an airport— by the Administrator under subparagraph (A) in the heading, by striking ‘‘STAND- (1) an assessment of the screening perform- (A); ARDS’’ inserting ‘‘SELECTION OF CONTRACTS ance of that airport compared to the mean ‘‘(C) ensure that entities qualified to cer- AND STANDARDS’’; average performance of all airports in the tify canine assets shall be independent from (B) by redesignating paragraph (2) as para- equivalent airport category for screening entities that will train and provide canines graph (3); performance data; and to end users of such canine assets; (C) in paragraph (1)— (2) a briefing on the results of performance ‘‘(D) establish a system of Transportation (i) by striking ‘‘The Under Secretary may data reports, including— Security Administration audits of the proc- enter’’ and all that follows through ‘‘cer- (A) a scorecard of objective metrics devel- ess developed under subparagraph (B); and tifies to Congress that—’’ and inserting ‘‘The oped by the Office of Security Operations to

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measure screening performance, such as re- (c) SIGNAGE.—At each category X airport, system and integrate such information with sults of annual proficiency reviews and cov- the TSA shall place signage at each security other intelligence to enhance the accuracy ert testing, at the appropriate level of classi- checkpoint that— of the risk assessment process under the fication; and (1) specifies how to contact the appropriate ACAS Program. (B) other performance data, including— TSA employee at the airport designated to (e) NO DUPLICATION.—The Commissioner of (i) passenger throughput; address complaints of screening mistreat- U.S. Customs and Border Protection and the (ii) wait times; and ment based on disability; and Administrator shall carry out this section in (iii) employee attrition, absenteeism, in- (2) describes how to receive assistance a manner that, after the ACAS Program is jury rates, and any other human capital from that individual or other qualified per- fully in effect, ensures, to the greatest ex- measures collected by TSA. sonnel at the security screening checkpoint. tent practicable, that the ACAS Program SEC. 2238. TSA ACADEMY REVIEW. (d) REPORTS TO CONGRESS.—Not later than does not duplicate other Department of (a) REVIEW.—Not later than 270 days after September 30 of the first full fiscal year after Homeland Security programs or require- the date of enactment of this Act, the Comp- the date of enactment of this Act, and each ments relating to the submission of air cargo troller General of the United States shall— fiscal year thereafter, the Administrator data or the inspection of high-risk cargo. (1) conduct an assessment of the efficiency shall submit to the appropriate committees (f) CONSIDERATION OF INDUSTRY.—In car- and effectiveness of the new-hire TSA Acad- of Congress a report on the checkpoint expe- rying out the ACAS Program, the Commis- emy at training airport security personnel riences of disabled passengers, including the sioner of U.S. Customs and Border Protec- compared to when such training of transpor- following: tion and the Administrator shall— tation security officers was conducted at (1) The number and most frequent types of (1) consider the content and timeliness of local airports; and disability-related complaints received. the available data may vary among entities (2) submit to the appropriate committees (2) The best practices recommended under in the air cargo industry and among coun- of Congress a report on the findings of the subsection (b) to address the top areas of tries, and explore procedures to accommo- assessment and any recommendations to concern. date such variations while maximizing the maximize the efficiency and effectiveness of (3) The estimated wait times for assist re- contribution of such data to the risk assess- training for airport security personnel. quests for disabled passengers, including dis- ment process under the ACAS Program; abled passengers who participate in the (b) CONTENTS.—The assessment shall— (2) test the business processes, tech- (1) include a cost-benefit analysis of train- PreCheck program. nologies, and operational procedures re- ing new Transportation Security Officer and SEC. 2240. AIR CARGO ADVANCE SCREENING quired to provide advance information with Screening Partnership Program contractor PROGRAM. respect to cargo on aircraft departing for the (a) IN GENERAL.—The Commissioner of U.S. hires at the TSA Academy compared to when United States and carry out related inspec- Customs and Border Protection and the Ad- such training of transportation security offi- tion of high-risk cargo, while ensuring ministrator, consistent with the require- cers was conducted at local airports; delays and other negative impacts on vital ments of the Trade Act of 2002 (Public Law (2) examine the impact on performance, supply chains are minimized; and 107–210) shall— professionalism, and retention rates of (3) consider the cost, benefit, and feasi- (1) establish an air cargo advance screening Transportation Security Officer and Screen- bility before establishing any set time period program (referred to in this section as the ing Partnership Program contractor employ- for submission of certain elements of the ‘‘ACAS Program’’) for the collection of ad- ees since the new training protocols at the data for air cargo under this section in line vance electronic information from air car- TSA Academy have been put in place com- with the regulatory guidelines specified in riers and other persons within the supply pared to when training was conducted at Executive Order 13563 or any successor Exec- chain regarding cargo being transported to local airports; and utive order or regulation. the United States by air; (3) examine whether new hire training at (g) GUIDANCE.—The Commissioner of U.S. (2) under such program, require that such the TSA Academy has had any impact on the Customs and Border Protection and the Ad- information be transmitted by such air car- airports and companies that participate in ministrator shall provide guidance for par- riers and other persons at the earliest point the Screening Partnership Program. ticipants in the ACAS Program regarding practicable prior to loading of such cargo the requirements for participation, including SEC. 2239. IMPROVEMENTS FOR SCREENING OF onto an aircraft destined to or transiting DISABLED PASSENGERS. requirements for transmitting shipment through the United States; level data. (a) REVISED TRAINING.— (3) establish appropriate communications (1) IN GENERAL.—Not later than 180 days (h) USE OF DATA.—The Commissioner of systems with freight forwarders, shippers, U.S. Customs and Border Protection and the after the date of enactment of this Act, the and air carriers; Administrator, in consultation with nation- Administrator shall use the data provided (4) establish a system that will allow under the ACAS Program for targeting ship- ally-recognized veterans and disability orga- freight forwarders, shippers, and air carriers nizations, shall revise the training require- ments for screening and aviation security to provide shipment level data for air cargo, purposes only. ments for Transportation Security Officers departing from any location that is inbound related to the screening of disabled pas- (i) FINAL RULE.—Not later than 180 days to the United States; and after the date of enactment of this Act, the sengers, including disabled passengers who (5) identify opportunities in which the in- participate in the PreCheck program. Commissioner of U.S. Customs and Border formation furnished in compliance with the Protection, in coordination with the Admin- (2) TRAINING SPECIFICATIONS.—In revising ACAS Program could be used by the Admin- the training requirements under paragraph istrator, shall issue a final regulation to im- istrator. plement the ACAS Program to include the (1), the Administrator shall address the prop- NSPECTION OF HIGH-RISK CARGO.—Under (b) I electronic transmission to U.S. Customs and er screening, and any particular sensitivities the ACAS Program, the Commissioner of Border Protection of data elements for tar- related to the screening, of a disabled pas- U.S. Customs and Border Protection and the geting cargo, including appropriate security senger traveling with— Administrator shall ensure that all cargo elements of shipment level data. (A) a medical device, including an indwell- that has been identified as high-risk is in- (j) REPORT.—Not later than 180 days after ing medical device; spected— the date of the commencement of the ACAS (B) a prosthetic; (1) prior to the loading of such cargo onto Program, the Commissioner of U.S. Customs (C) a wheelchair, walker, scooter, or other aircraft at the last point of departure, or and Border Protection and the Adminis- mobility device; or (2) at an earlier point in the supply chain, trator shall submit to the appropriate Com- (D) a service animal. before departing for the United States. mittees of Congress a report detailing the (3) TRAINING FREQUENCY.—The Adminis- (c) CONSULTATION.—In carrying out the trator shall implement the revised training ACAS Program, the Commissioner of U.S. operational implementation of providing ad- under paragraph (1) during initial and recur- Customs and Border Protection and the Ad- vance information under the ACAS Program rent training of all Transportation Security ministrator shall consult with relevant and the value of such information in tar- Officers. stakeholders, as appropriate, to ensure that geting cargo. (b) BEST PRACTICES.—The individual at the an operationally feasible and practical ap- SEC. 2241. GENERAL AVIATION AIRPORTS. TSA responsible for civil rights, liberties, proach to— (a) SHORT TITLE.—This section may be and traveler engagement shall— (1) the collection of advance information cited as the ‘‘Securing General Aviation and (1) record each complaint from a disabled with respect to cargo on aircraft departing Charter Air Carrier Service Act’’. passenger regarding the screening practice of for the United States is applied, and (b) ADVANCED PASSENGER PRESCREENING the TSA; (2) the inspection of high-risk cargo, recog- SYSTEM.—Not later than 120 days after the (2) identify the most frequent concerns nizes the significant differences among air date of enactment of this Act, the Adminis- raised, or accommodations requested, in the cargo business models and modes of trans- trator shall submit to the appropriate com- complaints; portation. mittees of Congress a report on the status of (3) determine the best practices for ad- (d) ANALYSIS.—The Commissioner of U.S. the deployment of the advanced passenger dressing the concerns and requests identified Customs and Border Protection and the Ad- prescreening system, and access thereto for in paragraph (2); and ministrator may analyze the information de- certain aircraft charter operators, as re- (4) recommend appropriate training based scribed in subsection (a) in the Department quired by section 44903(j)(2)(E) of title 49, on such best practices. of Homeland Security’s automated targeting United States Code, including—

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Donation of screening equipment to for the deployment of the system. the feasibility of requiring a security threat protect the United States (c) SCREENING SERVICES OTHER THAN IN assessment before an individual could obtain ‘‘(a) IN GENERAL.—Subject to subsection PRIMARY PASSENGER TERMINALS.— training from a private flight school to oper- (b), the Administrator is authorized to do- (1) IN GENERAL.—Subject to the provisions ate an aircraft having a maximum certifi- nate security screening equipment to a for- of this subsection, the Administrator may cated takeoff weight of more than 12,500 eign last point of departure airport operator provide screening services to a charter air pounds. if such equipment can be reasonably ex- carrier in an area other than the primary Subtitle D—Foreign Airport Security pected to mitigate a specific vulnerability to passenger terminal of an applicable airport. SEC. 2251. LAST POINT OF DEPARTURE AIR- the security of the United States or United (2) REQUESTS.—A request for screening PORTS; SECURITY DIRECTIVES. States citizens. services under paragraph (1) shall be made at (a) NOTICE AND CONSULTATION.— ‘‘(b) CONDITIONS.—Before donating any se- such time, in such form, and in such manner (1) IN GENERAL.—The Administrator shall, curity screening equipment to a foreign last as the Administrator may require, except to the maximum extent practicable, consult point of departure airport operator the Ad- that the request shall be made to the Federal and notify the following stakeholders prior ministrator shall— Security Director for the applicable airport to making changes to security standards via ‘‘(1) ensure that the screening equipment at which the screening services are re- security directives and emergency amend- has been restored to commercially available quested. ments for last points of departure: settings; (3) AVAILABILITY.—A Federal Security Di- (A) Trade association representatives, for ‘‘(2) ensure that no TSA-specific security rector may provide requested screening serv- affected air carriers and airports, who hold standards or algorithms exist on the screen- ices under this section if the Federal Secu- the appropriate security clearances. ing equipment; and rity Director determines such screening (B) The head of each relevant Federal de- ‘‘(3) verify that the appropriate officials services are available. partment or agency, including the Adminis- have an adequate system— (4) AGREEMENTS.— trator of the Federal Aviation Administra- ‘‘(A) to properly maintain and operate the (A) LIMITATION.—No screening services tion. screening equipment; and may be provided under this section unless a (2) TRANSMITTAL TO CONGRESS.—Not later ‘‘(B) to document and track any removal charter air carrier agrees in writing to com- than 3 days after the date that the Adminis- or disposal of the screening equipment to en- pensate the TSA for all reasonable costs, in- trator issues a security directive or emer- sure the screening equipment does not come cluding overtime, of providing the screening gency amendment for a last point of depar- into the possession of terrorists or otherwise services. ture, the Administrator shall transmit to pose a risk to security. (B) PAYMENTS.—Notwithstanding section the appropriate committees of Congress a de- ‘‘(c) REPORTS.—Not later than 30 days be- 3302 of title 31, United States Code, payment scription of the extent to which the Adminis- fore any donation of security screening received under subparagraph (A) shall be trator consulted and notified the stake- equipment under subsection (a), the Admin- credited to the account that was used to holders under paragraph (1). istrator shall provide to the Committee on cover the cost of providing the screening (b) GAO REPORT.— Commerce, Science, and Transportation and services. Amounts so credited shall be (1) IN GENERAL.—Not later than 1 year after the Committee on Homeland Security and merged with amounts in that account, and the date of enactment of this Act, the Comp- Governmental Affairs of the Senate and the shall be available for the same purposes, and troller General of the United States shall re- Committee on Homeland Security of the subject to the same conditions and limita- view the effectiveness of the TSA process to House of Representatives a detailed written tions, as other amounts in that account. update, consolidate, or revoke security di- explanation of the following: ‘‘(1) The specific vulnerability to the (5) DEFINITIONS.—In this subsection: rectives, emergency amendments, and other United States or United States citizens that (A) APPLICABLE AIRPORT.—The term ‘‘appli- policies related to international aviation se- cable airport’’ means an airport that— curity at last point of departure airports and will be mitigated by such donation. (i) is not a commercial service airport; and submit to the appropriate committees of ‘‘(2) An explanation as to why the recipient (ii) is receiving screening services for Congress and the Administrator a report on of such donation is unable or unwilling to scheduled passenger aircraft. the findings and recommendations. purchase security screening equipment to (2) CONTENTS.—In conducting the review mitigate such vulnerability. (B) CHARTER AIR CARRIER.—The term ‘‘charter air carrier’’ has the meaning given under paragraph (1), the Comptroller General ‘‘(3) An evacuation plan for sensitive tech- the term in section 40102 of title 49, United shall— nologies in case of emergency or instability (A) review current security directives, States Code. in the country to which such donation is emergency amendments, and any other poli- being made. (C) SCREENING SERVICES.—The term cies related to international aviation secu- ‘‘screening services’’ means the screening of ‘‘(4) How the Administrator will ensure the rity at last point of departure airports; passengers and property similar to the security screening equipment that is being (B) review the extent of intra-agency and screening of passengers and property de- donated is used and maintained over the interagency coordination, stakeholder out- scribed in section 44901 of title 49, United course of its life by the recipient. reach, coordination, and feedback; and States Code. ‘‘(5) The total dollar value of such dona- (C) review TSA’s process and criteria for, (d) REPORT.—Not later than 120 days after tion. the date of enactment of this Act, the Ad- and implementation of, updating or revoking ‘‘(6) How the appropriate officials will doc- ministrator, in consultation with the ASAC, the policies described in subparagraph (A). ument and track any removal or disposal of (c) RESCREENING.—Subject to section shall, consistent with the requirements of the screening equipment by the recipient to 44901(d)(4)(c) of title 49, United States Code, paragraphs (6) and (7) of section 44946(b) of ensure the screening equipment does not upon discovery of specific threat intel- title 49, United States Code, submit to the come into the possession of terrorists or oth- ligence, the Administrator shall imme- appropriate Committees of Congress an im- erwise pose a risk to security.’’; and diately direct TSA personnel to rescreen pas- plementation plan, including an implemen- (2) in the table of contents, by inserting sengers and baggage arriving from an airport tation schedule, for any of the following rec- after the item relating to section 44928 the outside the United States and identify en- ommendations that were adopted by the following: hanced measures that should be imple- ASAC and with which the Administrator has mented at that airport. ‘‘44929. Donation of screening equipment to concurred before the date of the enactment (d) NOTIFICATION TO CONGRESS.—Not later protect the United States.’’. of this Act: than 1 day after the date that the Adminis- (b) TECHNICAL AND CONFORMING AMEND- (1) The recommendation regarding general trator determines that a foreign air carrier MENTS.—Section 3204 of the Aviation Secu- aviation access to Ronald Reagan Wash- is in violation of part 1546 of title 49, Code of rity Act of 2016 (49 U.S.C. 44901 note) and the ington National Airport, as adopted on Feb- Federal Regulations, or any other applicable item relating to that section in the table of ruary 17, 2015. security requirement, the Administrator contents of that Act are repealed. (2) The recommendation regarding the vet- shall notify the appropriate committees of (c) RAISING INTERNATIONAL STANDARDS.— ting of persons seeking flight training in the Congress. Not later than 90 days after the date of en- United States, as adopted on July 28, 2016. (e) DECISIONS NOT SUBJECT TO JUDICIAL RE- actment of this Act, the Administrator shall (3) Any other such recommendations rel- VIEW.—Notwithstanding any other provision collaborate with other aviation authorities evant to the security of general aviation of law, any decision of the Administrator and the United States Ambassador or the adopted before the date of the enactment of under subsection (a)(1) relating to consulta- Charge d’Affaires to the United States Mis- this Act. tion or notification shall not be subject to sion to the International Civil Aviation Or- (e) DESIGNATED STAFFING.—The Adminis- judicial review. ganization, as applicable, to advance a global trator may designate 1 or more full-time em- SEC. 2252. TRACKING SECURITY SCREENING standard for each international airport to ployees of the TSA to liaise with, and re- EQUIPMENT FROM LAST POINT OF document and track the removal and dis- spond to issues raised by, general aviation DEPARTURE AIRPORTS. posal of any security screening equipment to stakeholders. (a) DONATION OF SCREENING EQUIPMENT TO ensure the screening equipment does not (f) SECURITY ENHANCEMENTS.—Not later PROTECT THE UNITED STATES.—Chapter 449 is come into the possession of terrorists or oth- than 1 year after the date of enactment of amended— erwise pose a risk to security.

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INTERNATIONAL SECURITY STAND- all agreements between the United States (B) in paragraph (8), by striking the period ARDS. and foreign governments or partners regard- at the end and inserting a semicolon; and (a) GLOBAL AVIATION SECURITY REVIEW.— ing the presence of Federal air marshals on (C) by adding at the end the following: (1) IN GENERAL.—Not later than 180 days flights to and from the United States shall ‘‘(9) shall require the Federal Air Marshal after the date of enactment of this Act, the be in writing and signed by the Adminis- Service to utilize a risk-based strategy when Administrator, in coordination with the trator or other authorized United States allocating resources between international Commissioner of the U.S. Customs and Bor- Government representative. and domestic flight coverage, including when der Protection, the Director of the Office of (3) EXCEPTION.—The Administrator may initially setting its annual target numbers of International Engagement of the Depart- schedule Federal air marshal service on average daily international and domestic ment of Homeland Security, and the Sec- flights operating to a foreign country with flights to cover; retary of State, shall conduct a global avia- which no written agreement is in effect if ‘‘(10) shall require the Federal Air Marshal tion security review to improve aviation se- the Administrator determines that— Service to utilize a risk-based strategy to curity standards, including standards in- (A) such mission is necessary for aviation support domestic allocation decisions; tended to mitigate cybersecurity threats, security; and ‘‘(11) shall require the Federal Air Marshal across the global aviation system. (B) the requirements of paragraph (4)(B) Service to utilize a risk-based strategy to (2) BEST PRACTICES.—The global aviation are met. support international allocation decisions; security review shall establish best practices (4) NOTIFICATION TO CONGRESS.— and regarding the following: (A) WRITTEN AGREEMENTS.—Not later than ‘‘(12) shall ensure that the seating arrange- (A) Collaborating with foreign partners to 30 days after the date that the Administrator ments of Federal air marshals on aircraft are improve global aviation security capabilities enters into a written agreement under this determined in a manner that is risk-based and standards. section, the Administrator shall transmit to and most capable of responding to current (B) Identifying foreign partners that— the appropriate committees of Congress a threats to aviation security.’’. (i) have not successfully implemented se- copy of the agreement. (2) REPORT.—Not later than 270 days after curity protocols from the International Civil (B) NO WRITTEN AGREEMENTS.—The Admin- the date of enactment of this Act, the Ad- Aviation Organization or the Department of istrator shall submit to the appropriate com- ministrator shall submit to the appropriate Homeland Security; and mittees of Congress— committees of Congress a report on the Fed- (ii) have not taken steps to implement (i) not later than 30 days after the date of eral Air Marshal Service’s compliance with such security protocols; enactment of this Act, a list of each foreign the requirements under paragraphs (9) (C) Improving the development, outreach, government or partner that does not have a through (12) of section 44917(a) of title 49, and implementation process for security di- written agreement under this section, in- United States Code, as added by this Act, rectives or emergency amendments issued to cluding an explanation for why no written and the documented methodology used by domestic and foreign air carriers. agreement exists and a justification for the the Federal Air Marshal Service to conduct (D) Assessing the cybersecurity risk of se- determination that such a mission is nec- risk assessments in accordance with such curity screening equipment. essary for aviation security; and paragraphs. (b) NOTIFICATION.—Not later than 90 days (ii) not later than 30 days after the date (3) IMPLEMENTATION DEADLINE.—Not later after the date of enactment of this Act, the that the Administrator makes a determina- than 180 days after the date of enactment of Administrator, in consultation with the tion to schedule Federal air marshal service this Act, the Administrator shall begin im- United States Ambassador to the Inter- on flights operating to a foreign country plementing the requirements under para- national Civil Aviation Organization, shall with which no written agreement is in effect graphs (9) through (12) of section 44917(a), notify the Committee on Commerce, under paragraph (3), the name of the applica- United States Code, as added by this Act. Science, and Transportation and the Com- ble foreign government or partner, an expla- SEC. 2262. CREW MEMBER SELF-DEFENSE TRAIN- mittee on Foreign Relations of the Senate, nation for why no written agreement exists, ING. and the Committee on Homeland Security and a justification for the determination The Administrator, in consultation with and the Committee on Foreign Affairs of the that such mission is necessary for aviation the Administrator of the Federal Aviation House of Representatives of the progress of security. Administration, shall continue to carry out the review under subsection (a) and any pro- (b) MISSION SCHEDULING AUTOMATION.—The and encourage increased participation by air posed international improvements to avia- Administrator shall endeavor to acquire carrier employees in the voluntary self-de- tion security. automated capabilities or technologies for fense training program under section 44918(b) (c) ICAO.—Subject to subsection (a), the scheduling Federal air marshal service mis- of title 49, United States Code. Administrator and Ambassador shall take sions based on current risk modeling. SEC. 2263. FLIGHT DECK SAFETY AND SECURITY. such action at the International Civil Avia- (c) IMPROVING FEDERAL AIR MARSHAL SERV- (a) THREAT ASSESSMENT.—Not later than 90 tion Organization as the Administrator and ICE DEPLOYMENTS.— days after the date of enactment of this Act, Ambassador consider necessary to advance (1) AFTER-ACTION REPORTS.—The Adminis- the Administrator, in consultation with the aviation security improvement proposals, in- trator shall strengthen internal controls to Administrator of the Federal Aviation Ad- cluding if practicable, introducing a resolu- ensure that all after-action reports on Fed- ministration, shall complete a detailed tion to raise minimum standards for avia- eral air marshal service special mission cov- threat assessment to identify any safety or tion security. erage provided to stakeholders include docu- security risks associated with unauthorized (d) BRIEFINGS TO CONGRESS.—Beginning not mentation of supervisory review and ap- access to the flight decks on commercial air- later than 180 days after the date of enact- proval, and mandatory narratives. craft and any appropriate measures that ment of this Act, and periodically thereafter, should be taken based on the risks. (2) STUDY.—The Administrator shall con- (b) RTCA REPORT.—The Administrator, in the Administrator, in consultation with the tract with an independent entity to conduct coordination with the Administrator of the Ambassador with respect to subsection (c), a validation and verification study of the Federal Aviation Administration, shall dis- shall brief the Committee on Commerce, risk analysis and risk-based determinations seminate RTCA Document (DO–329) Aircraft Science, and Transportation and the Com- guiding Federal air marshal service deploy- Secondary Barriers and Alternative Flight mittee on Foreign Relations of the Senate, ment, including the use of risk-based strate- Deck Security Procedure to aviation stake- and the Committee on Homeland Security gies under subsection (d). and the Committee on Foreign Affairs of the holders, including air carriers and flight (3) COST-BENEFIT ANALYSIS.—The Adminis- House of Representatives on the implemen- crew, to convey effective methods and best trator shall conduct a cost-benefit analysis practices to protect the flight deck. tation of subsections (a) and (b). regarding mitigation of aviation security Subtitle E—Cockpit and Cabin Security SEC. 2264. CARRIAGE OF WEAPONS, EXPLOSIVES, threats through Federal air marshal service AND INCENDIARIES BY INDIVID- SEC. 2261. FEDERAL AIR MARSHAL SERVICE UP- deployment. UALS. DATES. (4) PERFORMANCE MEASURES.—The Adminis- (a) INTERPRETIVE RULE.—Subject to sub- (a) STANDARDIZATION.— trator shall improve existing performance sections (b) and (c), the Administrator shall (1) IN GENERAL.—Not later than 60 days measures to better determine the effective- periodically review and amend, as necessary, after the date of enactment of this Act, the ness of in-flight operations in addressing the the interpretive rule (68 Fed. Reg. 7444) that Administrator shall develop a standard writ- highest risk facing aviation transportation. provides guidance to the public on the types ten agreement that shall be the basis of all (5) LONG DISTANCE FLIGHTS.—Section 44917 of property considered to be weapons, explo- negotiations and agreements that begin after is amended— sives, and incendiaries prohibited under sec- the date of enactment of this Act between (A) by striking subsection (b); and tion 1540.111 of title 49, Code of Federal Regu- the United States and foreign governments (B) by redesignating subsections (c) lations. or partners regarding the presence of Federal through (d) as subsections (b) through (c), re- (b) CONSIDERATIONS.—Before determining air marshals on flights to and from the spectively. whether to amend the interpretive rule to in- United States, including deployment, tech- (d) USE OF RISK-BASED STRATEGIES.— clude or remove an item from the prohibited nical assistance, and information sharing. (1) IN GENERAL.—Section 44917(a) is amend- list, the Administrator shall— (2) WRITTEN AGREEMENTS.—Except as pro- ed— (1) research and evaluate— vided in paragraph (3), not later than 180 (A) in paragraph (7), by striking ‘‘and’’ (A) the impact, if any, the amendment days after the date of enactment of this Act, after the semicolon at the end; would have on security risks;

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(B) the impact, if any, the amendment (d) OTHER MEASURES TO FACILITATE TRAIN- (C) in paragraph (3)(N), by striking ‘‘Under would have on screening operations, includ- ING.—Section 44921(e) is amended— Secretary’s’’ and inserting ‘‘Administra- ing effectiveness and efficiency; and (1) by striking ‘‘Pilots participating’’ and tor’s’’; (C) whether the amendment is consistent inserting the following: (3) in subsection (d)(4)— with international standards and guidance, ‘‘(1) IN GENERAL.—Pilots participating’’; (A) by striking ‘‘may,’’ and inserting including of the International Civil Aviation and ‘‘may’’; and Organization; and (2) by adding at the end the following: (B) by striking ‘‘Under Secretary’s’’ and (2) consult with appropriate aviation secu- ‘‘(2) FACILITATION OF TRAINING.—An air car- inserting ‘‘Administrator’s’’; rity stakeholders, including ASAC. rier shall permit a pilot seeking to be depu- (4) in subsection (i)(2), by striking ‘‘the (c) EXCEPTIONS.—Except for plastic or tized as a Federal flight deck officer or a Under Secretary may’’ and inserting ‘‘may’’; round bladed butter knives, the Adminis- Federal flight deck officer to take a reason- (5) in subsection (k)— trator may not amend the interpretive rule able amount of leave to participate in ini- (A) by striking paragraphs (2) and (3); and described in subsection (a) to authorize any tial, recurrent, or requalification training, (B) by striking ‘‘APPLICABILITY.—’’ and all knife to be permitted in an airport sterile as applicable, for the program. Leave re- that follows through ‘‘This section’’ and in- area or in the cabin of an aircraft. quired under this paragraph may be provided serting ‘‘APPLICABILITY.—This section’’; (d) NOTIFICATION.—The Administrator without compensation.’’. (6) by adding at the end the following: shall— (e) INTERNATIONAL HARMONIZATION.—Sec- ‘‘(l) DEFINITIONS.—In this section: (1) publish in the Federal Register any tion 44921(f) is amended— ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- amendment to the interpretive rule de- (1) in paragraphs (1) and (3), by striking trator’ means the Administrator of the scribed in subsection (a); and ‘‘Under Secretary’’ and inserting ‘‘Adminis- Transportation Security Administration. (2) notify the appropriate committees of trator’’; and ‘‘(2) AIR TRANSPORTATION.—The term ‘air Congress of the amendment not later than 3 (2) by adding at the end the following: transportation’ includes all-cargo air trans- days before publication under paragraph (1). ‘‘(4) CONSISTENCY WITH FEDERAL AIR MAR- portation. SEC. 2265. FEDERAL FLIGHT DECK OFFICER PRO- SHAL PROGRAM.—The Administrator shall ‘‘(3) FIREARMS TRAINING FACILITY.—The GRAM IMPROVEMENTS. harmonize, to the extent practicable, the term ‘firearms training facility’ means a pri- (a) IMPROVED ACCESS TO TRAINING FACILI- policies relating to the carriage of firearms vate or government-owned gun range ap- TIES.—Section 44921(c)(2)(C)(ii) is amended— on flights in foreign air transportation by proved by the Administrator to provide re- (1) by striking ‘‘The training of’’ and in- Federal flight deck officers with the policies current or requalification training, as appli- serting the following: of the Federal air marshal program for car- cable, for the program, utilizing a Transpor- ‘‘(I) IN GENERAL.—The training of’’; rying firearms on such flights and carrying tation Security Administration-approved (2) in subclause (I), as designated, by strik- out the duties of a Federal flight deck offi- contractor and a curriculum developed and ing ‘‘approved by the Under Secretary’’; and cer, notwithstanding Annex 17 of the Inter- approved by the Transportation Security Ad- (3) by adding at the end the following: national Civil Aviation Organization.’’. ministration. ‘‘(II) ACCESS TO TRAINING FACILITIES.—Not ‘‘(4) PILOT.—The term ‘pilot’ means an in- (f) PHYSICAL STANDARDS.—Section dividual who has final authority and respon- later than 180 days after the date of enact- 44921(d)(2) is amended— ment of the TSA Modernization Act, the Ad- sibility for the operation and safety of the (1) by redesignating subparagraphs (A), (B), flight or any other flight deck crew mem- ministrator shall designate additional fire- and (C) as clauses (i), (ii), and (iii), respec- arms training facilities located in various re- ber.’’; and tively; (7) by striking ‘‘Under Secretary’’ each gions of the United States for Federal flight (2) in clause (ii), as redesignated, by strik- deck officers for recurrent and requalifying place it appears and inserting ‘‘Adminis- ing ‘‘Under Secretary’s’’ and inserting ‘‘Ad- trator’’. training relative to the number of such fa- ministrator’s’’; cilities available on the day before such date (i) SENSITIVE SECURITY INFORMATION.—Not (3) by striking ‘‘A pilot is’’ and inserting later than 180 days after the date of enact- of enactment.’’. the following: (b) FIREARMS REQUALIFICATION.—Section ment of this Act— ‘‘(A) IN GENERAL.—A pilot is’’; and (1) the Secretary of Transportation shall 44921(c)(2)(C) is amended— (4) by adding at the end the following: (1) in clause (iii)— revise section 15.5(b)(11) of title 49, Code of ‘‘(B) CONSISTENCY WITH REQUIREMENTS FOR (A) by striking ‘‘The Under Secretary Federal Regulations, to classify information CERTAIN MEDICAL CERTIFICATES.—In estab- shall’’ and inserting the following: about pilots deputized as Federal flight deck lishing standards under subparagraph (A)(ii), officers under section 44921 of title 49, United ‘‘(I) IN GENERAL.—The Administrator the Administrator may not establish medical shall’’; States Code, as sensitive security informa- or physical standards for a pilot to become a tion in a manner consistent with the classi- (B) in subclause (I), as designated by sub- Federal flight deck officer that are incon- paragraph (A), by striking ‘‘the Under Sec- fication of information about Federal air sistent with or more stringent than the re- marshals; and retary’’ and inserting ‘‘the Administrator’’; quirements of the Federal Aviation Adminis- and (2) the Administrator shall revise section tration for the issuance of the required air- 1520.5(b)(11) of title 49, Code of Federal Regu- (C) by adding at the end the following: man medical certificate under part 67 of title ‘‘(II) USE OF FACILITIES FOR REQUALIFICA- lations, to classify information about pilots 14, Code of Federal Regulations (or any cor- deputized as Federal flight deck officers TION.—The Administrator shall allow a Fed- responding similar regulation or ruling).’’. eral flight deck officer to requalify to carry under section 44921 of title 49, United States a firearm under the program through train- (g) TRANSFER OF STATUS.—Section 44921(d) Code, as sensitive security information in a ing at a Transportation Security Adminis- is amended by adding at the end the fol- manner consistent with the classification of tration-approved firearms training facility lowing: information about Federal air marshals. utilizing a Transportation Security Adminis- ‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE (j) REGULATIONS.—Not later than 180 days tration-approved contractor and a cur- STATUS.—In accordance with any applicable after the date of enactment of this Act, the riculum developed and approved by the Transportation Security Administration ap- Administrator shall prescribe such regula- Transportation Security Administration.’’; peals processes, a pilot deputized as a Fed- tions as may be necessary to carry out this and eral flight deck officer who moves to inac- section and the amendments made by this (2) by adding at the end the following: tive status may return to active status upon section. ‘‘(iv) PERIODIC REVIEW.—The Administrator successful completion of a recurrent training Subtitle F—Surface Transportation Security program administered within program guide- shall periodically review requalification SEC. 2271. SURFACE TRANSPORTATION SECURITY training intervals and assess whether it is lines.’’. ASSESSMENT AND IMPLEMENTA- appropriate and sufficient to adjust the time (h) TECHNICAL CORRECTIONS.—Section 44921, TION OF RISK-BASED STRATEGY. between each requalification training to fa- as amended by this section, is further (a) SECURITY ASSESSMENT.— cilitate continued participation in the pro- amended— (1) IN GENERAL.—Not later than 1 year after gram under this section while still maintain- (1) in subsection (a), by striking ‘‘Under the date of enactment of this Act, the Ad- ing effectiveness of the training, and update Secretary of Transportation for Security’’ ministrator shall complete an assessment of the training requirements as appropriate.’’. and inserting ‘‘Administrator’’; the vulnerabilities of and risks to surface (c) TRAINING REVIEW.—Section 44921(c)(2) is (2) in subsection (b)— transportation systems. amended by adding at the end the following: (A) in paragraph (1), by striking ‘‘Not later (2) CONSIDERATIONS.—In conducting the se- ‘‘(D) TRAINING REVIEW.—The Administrator than 3 months after the date of enactment of curity assessment under paragraph (1), the shall periodically review training require- this section, the Under Secretary’’ and in- Administrator shall, at a minimum— ments for initial and recurrent training for serting ‘‘The Administrator’’; (A) consider appropriate intelligence; Federal flight deck officers and evaluate how (B) in paragraph (2), by striking ‘‘Begin- (B) consider security breaches and attacks training requirements, including the length ning 3 months after the date of enactment of at domestic and international transportation of training, could be streamlined while main- this section, the Under Secretary shall begin facilities; taining the effectiveness of the training, and the process of training and deputizing’’ and (C) consider the vulnerabilities and risks update the training requirements as appro- inserting ‘‘The Administrator shall train and associated with specific modes of surface priate.’’. deputize’’; and transportation;

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(C) the projected cost to the Transpor- and (c) REPORT.— tation Security Administration of the per- (ii) other individuals with access to sen- (1) IN GENERAL.—Not later than 180 days sonnel or resource allocation. sitive or secure areas of transportation net- after the date the security assessment under (d) 5-YEAR CAPITAL INVESTMENT PLAN.—Not works; and subsection (a) is complete, the Adminis- later than 180 days after the date of enact- (E) consider input from— trator shall submit to the appropriate com- ment of this Act, the Administrator shall (i) representatives of different modes of mittees of Congress and the Inspector Gen- submit to the Committee on Commerce, surface transportation; eral of the Department a report that— Science, and Transportation of the Senate (ii) subject to paragraph (3)— (A) describes the process used to complete and the Committee on Homeland Security of (I) representatives of maritime transpor- the security assessment; the House of Representatives a 5-year capital tation; (B) describes the process used to develop investment plan, consistent with the 5-year (II) critical infrastructure entities; and the risk-based security strategy; technology investment plan under section (III) the Transportation Systems Sector (C) describes the risk-based security strat- 1611 of title XVI of the Homeland Security Coordinating Council; and egy; Act of 2002, as amended by section 3 of the (iii) the heads of other relevant Federal de- (D) includes the management oversight Transportation Security Acquisition Reform partments or agencies. strategy; Act (Public Law 113–245; 128 Stat. 2871). (E) includes— (3) MARITIME FACILITIES.—The Com- SEC. 2273. SURFACE TRANSPORTATION SECURITY mandant of the Coast Guard shall assess the (i) the findings of the security assessment; MANAGEMENT AND INTERAGENCY vulnerabilities of and risks to maritime fa- (ii) a description of the actions rec- COORDINATION REVIEW. cilities and ensure the adjacent security re- ommended or taken by the Administrator, (a) REVIEW.—Not later than 1 year after sponsibilities of the Coast Guard and TSA the Commandant of the Coast Guard, or the the date of enactment of this Act, the Comp- are coordinated. head of another Federal department or agen- troller General of the United States shall— cy to mitigate the vulnerabilities and risks (1) review the staffing, budget, resource, (b) RISK-BASED SECURITY STRATEGY.— identified in subsection (a); (1) IN GENERAL.—Not later than 180 days and personnel allocation, and management (iii) any recommendations for improving oversight strategy of the Transportation Se- after the date the security assessment under the coordinated approach to mitigating subsection (a) is complete, the Adminis- curity Administration’s surface transpor- vulnerabilities and risks to surface and mari- tation security programs; trator shall use the results of the assess- time transportation systems; and (2) review the coordination between rel- ment— (iv) any recommended changes to the Na- evant entities of leadership, planning, pol- (A) to develop and implement a cross-cut- tional Infrastructure Protection Plan, the icy, inspections, and implementation of se- ting, risk-based security strategy that in- modal annexes to such plan, or relevant sur- curity programs relating to surface and mar- cludes— face or maritime transportation security itime transportation to reduce redundancy (i) all surface transportation modes; programs, policies, or initiatives; and and regulatory burden; and (ii) to the extent the Transportation Secu- (F) may contain a classified annex. (3) submit to the appropriate committees rity Administration provides support in mar- (2) PROTECTIONS.—In preparing the report, of Congress a report on the findings of the itime transportation security efforts, mari- the Administrator shall take appropriate ac- time transportation; tions to safeguard information described by reviews under paragraphs (1) and (2), includ- (iii) a coordinated strategy with the Com- section 552(b) of title 5, United States Code, ing any recommendations for improving co- mandant of the Coast Guard to ensure adja- or protected from disclosure by any other ordination between relevant entities and re- cent security responsibilities are syn- law of the United States. ducing redundancy and regulatory burden. chronized; (d) UPDATES.—Not less frequently than (b) DEFINITION OF RELEVANT ENTITIES.—In (iv) a mitigating strategy that aligns with semiannually, the Administrator shall re- this section, the term ‘‘relevant entities’’ each vulnerability and risk identified in sub- port to or brief the appropriate committees means— section (a); of Congress on the vulnerabilities of and (1) the Transportation Security Adminis- (v) a planning process to inform resource risks to surface and maritime transportation tration; allocation; systems and how those vulnerabilities and (2) the Coast Guard; (vi) priorities, milestones, and performance risks affect the risk-based security strategy. (3) other Federal, State, or local depart- metrics to measure the effectiveness of the SEC. 2272. RISK-BASED BUDGETING AND RE- ments or agencies with jurisdiction over a risk-based security strategy; and SOURCE ALLOCATION. mode of surface or maritime transportation; (vii) processes for sharing relevant and (a) REPORT.—In conjunction with the sub- (4) critical infrastructure entities; timely intelligence threat information with mission of the Department’s annual budget (5) the Transportation Systems Sector Co- appropriate stakeholders; request to the Office of Management and ordinating Council; and (B) to develop a management oversight Budget, the Administrator shall submit to (6) relevant stakeholders. strategy that— the appropriate committees of Congress a re- SEC. 2274. TRANSPARENCY. (i) identifies the parties responsible for the port that describes a risk-based budget and (a) REGULATIONS.— implementation, management, and oversight resource allocation plan for surface transpor- (1) IN GENERAL.—Not later than 180 days of the risk-based security strategy; and tation sectors, within and across modes, after the date of enactment of this Act, and (ii) includes a plan for implementing the that— every 180 days thereafter, the Administrator risk-based security strategy; and (1) reflects the risk-based security strategy shall publish on a public website information (C) to modify the risk-based budget and re- under section 2271(b); and regarding the status of each regulation relat- source allocations, in accordance with sec- (2) is organized by appropriations account, ing to surface transportation security that is program, project, and initiative. tion 262(c), for the Transportation Security directed by law to be issued and that has not (b) BUDGET TRANSPARENCY.—In submitting Administration. the annual budget of the United States Gov- been issued if not less than 2 years have (2) COORDINATED APPROACH.—In developing ernment under section 1105 of title 31, United passed since the date of enactment of the and implementing the risk-based security States Code, the President shall clearly dis- law. strategy under paragraph (1), the Adminis- tinguish the resources requested for surface (2) CONTENTS.—The information published trator shall— transportation security from the resources under paragraph (1) shall include— (A) coordinate with the heads of other rel- requested for aviation security. (A) an updated rulemaking schedule for the evant Federal departments or agencies, and (c) RESOURCE REALLOCATION.— outstanding regulation; stakeholders, as appropriate— (1) IN GENERAL.—Not later than 15 days (B) current staff allocations; (i) to evaluate existing surface transpor- after the date on which the Transportation (C) data collection or research relating to tation security programs, policies, and ini- Security Administration allocates any re- the development of the rulemaking; tiatives, including the explosives detection sources or personnel, including personnel (D) current efforts, if any, with security canine teams, for consistency with the risk- sharing, detailing, or assignment, or the use experts, advisory committees, and other based security strategy and, to the extent of facilities, technology systems, or vetting stakeholders; and practicable, avoid any unnecessary duplica- resources, for a nontransportation security (E) other relevant details associated with tion of effort; purpose or National Special Security Event the development of the rulemaking that im- (ii) to determine the extent to which (as defined in section 2001 of Homeland Secu- pact the progress of the rulemaking. stakeholder security programs, policies, and rity Act of 2002 (6 U.S.C. 601)), the Secretary (b) INSPECTOR GENERAL REVIEW.—Not later initiatives address the vulnerabilities and shall provide the notification described in than 180 days after the date of enactment of risks to surface transportation systems iden- paragraph (2) to the appropriate committees this Act, and every 2 years thereafter until tified in subsection (a); and of Congress. all of the requirements under titles XIII, (iii) subject to clause (ii), to mitigate each (2) NOTIFICATION.—A notification described XIV, and XV of the Implementing Rec- vulnerability and risk to surface transpor- in this paragraph shall include— ommendations of the 9/11 Commission Act of tation systems identified in subsection (a); (A) the reason for and a justification of the 2007 (6 U.S.C. 1111 et seq.) and under this Act and resource or personnel allocation; have been fully implemented, the Inspector

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3834 CONGRESSIONAL RECORD — SENATE June 12, 2018 General of the Department shall submit to ‘‘(B) labor organizations representing such cordance with Executive Order 13526 of De- the appropriate committees of Congress a re- modes of surface transportation; cember 29, 2009 (75 Fed. Reg. 707), or any sub- port that— ‘‘(C) groups representing the users of such sequent corresponding Executive order. (1) identifies the requirements under such modes of surface transportation, including ‘‘(C) PROTECTIONS.— titles of that Act and under this Act that asset manufacturers, as appropriate; ‘‘(i) SENSITIVE SECURITY INFORMATION.— have not been fully implemented; ‘‘(D) relevant law enforcement, first re- Voting members shall protect sensitive secu- (2) describes what, if any, additional action sponders, and security experts; and rity information in accordance with part 1520 is necessary; and ‘‘(E) such other groups as the Adminis- of title 49, Code of Federal Regulations. (3) includes recommendations regarding trator considers appropriate. ‘‘(ii) CLASSIFIED INFORMATION.—Voting whether any of the requirements under such ‘‘(3) CHAIRPERSON.—The Advisory Com- members shall protect classified information titles of that Act or this Act should be mittee shall select a chairperson from in accordance with the applicable require- amended or repealed. among its voting members. ments for the particular level of classifica- SEC. 2275. TSA COUNTERTERRORISM ASSET DE- ‘‘(4) TERM OF OFFICE.— tion. PLOYMENT. ‘‘(A) TERMS.— ‘‘(8) JOINT COMMITTEE MEETINGS.—The Ad- (a) IN GENERAL.—If the Transportation Se- ‘‘(i) IN GENERAL.—The term of each voting visory Committee may meet with 1 or more curity Administration deploys any counter- member of the Advisory Committee shall be of the following advisory committees to dis- terrorism personnel or resource, such as ex- 2 years, but a voting member may continue cuss multimodal security issues and other plosive detection sweeps, random bag inspec- to serve until the Administrator appoints a security-related issues of common concern: tions, or patrols by Visible Intermodal Pre- successor. ‘‘(A) Aviation Security Advisory Com- vention and Response teams, to enhance se- ‘‘(ii) REAPPOINTMENT.—A voting member of mittee established under section 44946 of curity at a transportation system or trans- the Advisory Committee may be re- title 49, United States Code. portation facility for a period of not less appointed. ‘‘(B) Maritime Security Advisory Com- than 180 consecutive days, the Administrator ‘‘(B) REMOVAL.— mittee established under section 70112 of shall provide sufficient notification to the ‘‘(i) IN GENERAL.—The Administrator may title 46, United States Code. system or facility operator, as applicable, review the participation of a member of the ‘‘(C) Railroad Safety Advisory Committee not less than 14 days prior to terminating Advisory Committee and remove such mem- established by the Federal Railroad Admin- the deployment. ber for cause at any time. istration. (b) EXCEPTION.—This section shall not ‘‘(ii) ACCESS TO INFORMATION.—The Admin- ‘‘(9) SUBJECT MATTER EXPERTS.—The Advi- apply if the Administrator— istrator may remove any member of the Ad- sory Committee may request the assistance (1) determines there is an urgent security visory Committee that the Administrator of subject matter experts with expertise re- need for the personnel or resource described determines should be restricted from review- lated to the jurisdiction of the Advisory in subsection (a); and ing, discussing, or possessing classified infor- Committee. (2) notifies the appropriate committees of mation or sensitive security information. ‘‘(d) REPORTS.— Congress of the determination under para- ‘‘(5) PROHIBITION ON COMPENSATION.—The ‘‘(1) PERIODIC REPORTS.—The Advisory graph (1). members of the Advisory Committee shall Committee shall periodically submit reports not receive any compensation from the Gov- SEC. 2276. SURFACE TRANSPORTATION SECURITY to the Administrator on matters requested ADVISORY COMMITTEE. ernment by reason of their service on the by the Administrator or by a majority of the (a) IN GENERAL.—Subtitle A of title IV of Advisory Committee. members of the Advisory Committee. the Homeland Security Act of 2002 (6 U.S.C. ‘‘(6) MEETINGS.— ‘‘(2) ANNUAL REPORT.— 201 et seq.) is amended by adding at the end ‘‘(A) IN GENERAL.—The Administrator shall the following: require the Advisory Committee to meet at ‘‘(A) SUBMISSION.—The Advisory Com- mittee shall submit to the Administrator ‘‘SEC. 404. SURFACE TRANSPORTATION SECURITY least semiannually in person or through web ADVISORY COMMITTEE. conferencing and may convene additional and the appropriate congressional commit- ‘‘(a) ESTABLISHMENT.—The Administrator meetings as necessary. tees an annual report that provides informa- of the Transportation Security Administra- ‘‘(B) PUBLIC MEETINGS.—At least 1 of the tion on the activities, findings, and rec- tion (referred to in this section as ‘Adminis- meetings of the Advisory Committee each ommendations of the Advisory Committee trator’) shall establish within the Transpor- year shall be— during the preceding year. tation Security Administration the Surface ‘‘(i) announced in the Federal Register; ‘‘(B) PUBLICATION.—Not later than 6 Transportation Security Advisory Com- ‘‘(ii) announced on a public website; and months after the date that the Adminis- mittee (referred to in this section as the ‘Ad- ‘‘(iii) open to the public. trator receives an annual report under sub- visory Committee’). ‘‘(C) ATTENDANCE.—The Advisory Com- paragraph (A), the Administrator shall pub- ‘‘(b) DUTIES.— mittee shall maintain a record of the persons lish a public version of the report, in accord- ‘‘(1) IN GENERAL.—The Advisory Committee present at each meeting. ance with section 552a(b) of title 5, United may advise, consult with, report to, and ‘‘(D) MINUTES.— States Code. make recommendations to the Adminis- ‘‘(i) IN GENERAL.—Unless otherwise prohib- ‘‘(e) ADMINISTRATION RESPONSE.— trator on surface transportation security ited by other Federal law, minutes of the ‘‘(1) CONSIDERATION.—The Administrator matters, including the development, refine- meetings shall be published on the public shall consider the information, advice, and ment, and implementation of policies, pro- website under subsection (e)(5). recommendations of the Advisory Com- grams, initiatives, rulemakings, and security ‘‘(ii) PROTECTION OF CLASSIFIED AND SEN- mittee in formulating policies, programs, directives pertaining to surface transpor- SITIVE INFORMATION.—The Advisory Com- initiatives, rulemakings, and security direc- tation security. mittee may redact or summarize, as nec- tives pertaining to surface transportation se- ‘‘(2) RISK-BASED SECURITY.—The Advisory essary, minutes of the meetings to protect curity and to the support of maritime trans- Committee shall consider risk-based security classified or other sensitive information in portation security efforts. approaches in the performance of its duties. accordance with law. ‘‘(2) FEEDBACK.—Not later than 90 days ‘‘(c) MEMBERSHIP.— ‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED after the date that the Administrator re- ‘‘(1) COMPOSITION.—The Advisory Com- AND SENSITIVE SECURITY INFORMATION.— ceives a recommendation from the Advisory mittee shall be composed of— ‘‘(A) DETERMINATIONS.—Not later than 60 Committee under subsection (d)(2), the Ad- ‘‘(A) voting members appointed by the Ad- days after the date on which a voting mem- ministrator shall submit to the Advisory ministrator under paragraph (2); and ber is appointed to the Advisory Committee Committee written feedback on the rec- ‘‘(B) nonvoting members, serving in an ad- and before that voting member may be ommendation, including— visory capacity, who shall be designated by— granted any access to classified information ‘‘(A) if the Administrator agrees with the ‘‘(i) the Transportation Security Adminis- or sensitive security information, the Ad- recommendation, a plan describing the ac- tration; ministrator shall determine if the voting tions that the Administrator has taken, will ‘‘(ii) the Department of Transportation; member should be restricted from reviewing, take, or recommends that the head of an- ‘‘(iii) the Coast Guard; and discussing, or possessing classified informa- other Federal department or agency take to ‘‘(iv) such other Federal department or tion or sensitive security information. implement the recommendation; or agency as the Administrator considers ap- ‘‘(B) ACCESS.— ‘‘(B) if the Administrator disagrees with propriate. ‘‘(i) SENSITIVE SECURITY INFORMATION.—If a the recommendation, a justification for that ‘‘(2) APPOINTMENT.—The Administrator voting member is not restricted from review- determination. shall appoint voting members from among ing, discussing, or possessing sensitive secu- ‘‘(3) NOTICES.—Not later than 30 days after stakeholders representing each mode of sur- rity information under subparagraph (A) and the date the Administrator submits feedback face transportation, such as passenger rail, voluntarily signs a nondisclosure agreement, under paragraph (2), the Administrator freight rail, mass transit, pipelines, high- the voting member may be granted access to shall— ways, over-the-road bus, school bus industry, sensitive security information that is rel- ‘‘(A) notify the appropriate congressional and trucking, including representatives evant to the voting member’s service on the committees of the feedback, including the from— Advisory Committee. determination under subparagraph (A) or ‘‘(A) associations representing such modes ‘‘(ii) CLASSIFIED INFORMATION.—Access to subparagraph (B) of that paragraph, as appli- of surface transportation; classified materials shall be managed in ac- cable; and

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DETECTION CANINE TEAM PRO- 2007 (6 U.S.C. 1163(b)) is amended— GRAM. ‘‘(4) UPDATES.—Not later than 90 days after (1) in paragraph (1), by striking the period the date the Administrator receives a rec- (a) IN GENERAL.—The Secretary, where ap- at the end and inserting ‘‘, including commu- ommendation from the Advisory Committee propriate, shall encourage State, local, and nications interoperability where appropriate under subsection (d)(2) that the Adminis- tribal governments and private owners of with relevant outside agencies and enti- high-risk transportation facilities to trator agrees with, and quarterly thereafter ties.’’; strengthen security through the use of explo- until the recommendation is fully imple- (2) in paragraph (5), by striking ‘‘security sives detection canine teams. mented, the Administrator shall submit a re- of’’ and inserting ‘‘security and preparedness (b) INCREASED CAPACITY.— port to the appropriate congressional com- of’’; (1) IN GENERAL.—Before the date the In- mittees or post on the public website under spector General of the Department submits (3) in paragraph (7), by striking ‘‘security paragraph (5) an update on the status of the the report under section 2277, the Adminis- threats’’ and inserting ‘‘security threats and recommendation. trator may increase the number of State and preparedness, including connectivity to the ‘‘(5) WEBSITE.—The Administrator shall local surface and maritime transportation National Terrorist Screening Center’’; and maintain a public website that— canines by not more than 70 explosives de- (4) in paragraph (9), by striking ‘‘and secu- ‘‘(A) lists the members of the Advisory tection canine teams. rity officers’’ and inserting ‘‘, security, and Committee; and (2) ADDITIONAL TEAMS.—Beginning on the preparedness officers’’. ‘‘(B) provides the contact information for date the Inspector General of the Depart- (b) SPECIFIC PROJECTS.—Section 1514(a)(3) the Advisory Committee. ment submits the report under section 2277, of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. ‘‘(f) NONAPPLICABILITY OF FACA.—The Fed- the Secretary may increase the State and eral Advisory Committee Act (5 U.S.C. App.) local surface and maritime transportation 1164(a)(3)) is amended— (1) in subparagraph (D) by inserting ‘‘, or shall not apply to the Advisory Committee canines up to 200 explosives detection canine to connect to the National Terrorism or any subcommittee established under this teams unless more are identified in the risk- Screening Center watchlist’’ after ‘‘Sec- section.’’. based security strategy under section 2271, consistent with section 2272 or with the retary’’; (b) ADVISORY COMMITTEE MEMBERS.— President’s most recent budget submitted (2) in subparagraph (G), by striking ‘‘; and’’ (1) VOTING MEMBERS.—Not later than 180 under section 1105 of title 31, United States at the end and inserting a semicolon; days after the date of enactment of this Act, Code. (3) in subparagraph (H) by striking the pe- the Administrator shall appoint the voting (3) RECOMMENDATIONS.—Before initiating riod at the end and inserting a semicolon; members of the Surface Transportation Se- any increase in the number of explosives de- and curity Advisory Committee established tection teams under paragraph (2), the Sec- (4) by adding at the end the following: under section 404 of the Homeland Security retary shall consider any recommendations ‘‘(I) for improvements to passenger Act of 2002, as added by subsection (a) of this in the report under section 2277 on the effi- verification systems; section. cacy and management of the explosives de- ‘‘(J) for improvements to employee and (2) NONVOTING MEMBERS.—Not later than 90 tection canine program. contractor verification systems, including days after the date of enactment of this Act, (c) DEPLOYMENT.—The Secretary shall— identity verification technology; or each Federal Government department and (1) use the additional explosives detection ‘‘(K) for improvements to the security of agency with regulatory authority over a canine teams, as described in subsection Amtrak computer systems, including cyber- mode of surface or maritime transportation, (b)(1), as part of the Department’s efforts to security assessments and programs.’’. as the Administrator considers appropriate, strengthen security across the Nation’s sur- SEC. 2281. PASSENGER RAIL VETTING. shall designate an appropriate representa- face and maritime transportation networks; (a) IN GENERAL.—Not later than 180 days tive to serve as a nonvoting member of the (2) make available explosives detection ca- after the date on which the Amtrak Board of Surface Transportation Security Advisory nine teams to all modes of transportation, Directors submits a request to the Adminis- Committee. subject to the requirements under section trator, the Administrator shall issue a deci- (c) TABLE OF CONTENTS.—The table of con- 2275, to address specific vulnerabilities or sion on the use by Amtrak of the Transpor- tents in section 1(b) of the Homeland Secu- risks, on an as-needed basis and as otherwise tation Security Administration’s Secure rity Act of 2002 (Public Law 107–296; 116 Stat. determined appropriate by the Secretary; Flight Program or a similar passenger vet- 2135) is amended by inserting after the item and ting system to enhance passenger rail secu- relating to section 403 the following: (3) consider specific needs and training re- rity. quirements for explosives detection canine (b) STRATEGIC PLAN.—If the Administrator ‘‘Sec. 404. Surface Transportation Security teams to be deployed across the Nation’s sur- decides to grant the request by Amtrak Advisory Committee.’’. face and maritime transportation networks, under subsection (a), the decision shall in- including in venues of multiple modes of clude a strategic plan for working with rail SEC. 2277. REVIEW OF THE EXPLOSIVES DETEC- transportation, as the Secretary considers TION CANINE TEAM PROGRAM. stakeholders to enhance passenger rail secu- appropriate. rity by vetting passengers using terrorist (a) IN GENERAL.—Not later than 90 days (d) AUTHORIZATION.—There are authorized watch lists maintained by the Federal Gov- after the date that the Inspector General of to be appropriated to the Secretary such ernment or a similar passenger vetting sys- the Department receives the report under sums as may be necessary to carry out this tem maintained by the Transportation Secu- section 2271(c), the Inspector General of the section for each of fiscal years 2019 through rity Administration. 2021. Department shall— (c) NOTICES.—The Administrator shall no- (1) review the explosives detection canine SEC. 2279. STUDY ON SECURITY STANDARDS AND tify the appropriate committees of Congress team program, including— BEST PRACTICES FOR PASSENGER TRANSPORTATION SYSTEMS. of any decision made under subsection (a) (A) the development by the Transportation and the details of the strategic plan under Security Administration of a deployment (a) SECURITY STANDARDS AND BEST PRAC- TICES FOR UNITED STATES AND FOREIGN PAS- subsection (b). strategy for explosives detection canine (d) RULE OF CONSTRUCTION.—Nothing in teams; SENGER TRANSPORTATION SYSTEMS.—The Comptroller General of the United States this section shall be construed to limit the (B) the national explosives detection ca- Administrator’s authority to set the access nine team training program, including ca- shall conduct a study of how the Transpor- tation Security Administration— to, or terms and conditions of using, the Se- nine training, handler training, refresher (1) identifies and compares— cure Flight Program or a similar passenger training, and updates to such training; (A) United States and foreign passenger vetting system. (C) the use of the canine assets during an transportation security standards; and SEC. 2282. STUDY ON SURFACE TRANSPORTATION urgent security need, including the realloca- (B) best practices for protecting passenger INSPECTORS. tion of such program resources outside the transportation systems, including shared Not later than 180 days after the date of transportation systems sector during an ur- terminal facilities, and cyber systems; and enactment of this Act, the Comptroller Gen- gent security need; and (2) disseminates the findings under para- eral of the United States shall submit to the (D) the monitoring and tracking of canine graph (1) to stakeholders. appropriate committees of Congress a report assets; and (b) REPORT.—Not later than 18 months that— (2) submit to the appropriate committees after the date of enactment of this Act, the (1) identifies the roles and responsibilities of Congress a report on the review, including Comptroller General shall issue a report that of surface transportation security inspectors any recommendations. contains— authorized under section 1304 of the Imple- (b) CONSIDERATIONS.—In conducting the re- (1) the findings of the study conducted menting Recommendations of the 9/11 Com- view of the deployment strategy under sub- under subsection (a); and mission Act of 2007 (6 U.S.C. 1113); section (a)(1)(A), the Inspector General shall (2) any recommendations for improving the (2) determines whether surface transpor- consider whether the Transportation Secu- relevant processes or procedures. tation security inspectors— rity Administration’s method to analyze the SEC. 2280. AMTRAK SECURITY UPGRADES. (A) have appropriate qualifications to help risk to transportation facilities and trans- (a) RAILROAD SECURITY ASSISTANCE.—Sec- secure and inspect surface transportation portation systems is appropriate. tion 1513(b) of the Implementing Rec- systems; and

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CARGO CONTAINER SCANNING TECH- (3) evaluates feedback from surface trans- nance support employee, station attendant, NOLOGY REVIEW. portation industry stakeholders on the effec- customer service employee, security em- (a) DESIGNATIONS.— tiveness of surface transportation security ployee, or transit police, or any other em- (1) IN GENERAL.—Not later than 1 year after inspectors and inspection programs to the ployee who has direct contact with riders on the date of enactment of this Act, and not overall security of the surface transpor- a regular basis, and any other employee of a less frequently than once every 5 years tation systems of such stakeholders; public transportation agency that the Ad- thereafter until the date of full-scale imple- (4) evaluates the consistency of surface ministrator determines should receive secu- mentation of 100 percent screening of cargo transportation inspections, recommenda- rity training under this section or that is re- containers and 100 percent scanning of high- tions, and regulatory enforcement, where ap- ceiving security training under other law; risk containers required under section 232 of plicable; (2) over-the-road bus drivers, security per- the SAFE Port Act (6 U.S.C. 982), the Sec- (5) identifies any duplication or redun- sonnel, dispatchers, maintenance and main- retary shall solicit proposals for scanning dancy between the Transportation Security tenance support personnel, ticket agents, technologies, consistent with the standards Administration and the Department of other terminal employees, and other employ- under subsection (b)(8) of that section, to im- Transportation relating to surface transpor- ees of an over-the-road bus operator or ter- prove scanning of cargo at domestic ports. tation security inspections or oversight; and minal owner or operator that the Adminis- (2) EVALUATION.—In soliciting proposals (6) provides recommendations, if any, re- trator determines should receive security under paragraph (1), the Secretary shall es- lating to— training under this section or that is receiv- tablish measures to assess the performance (A) improvements to the surface transpor- ing security training under other law; or of the proposed scanning technologies, in- tation security inspectors program, includ- (3) security personnel, dispatchers, loco- cluding— ing— motive engineers, conductors, trainmen, (A) the rate of false positives; (i) changes in organizational and super- other onboard employees, maintenance and (B) the delays in processing times; and visory structures; maintenance support personnel, bridge (C) the impact on the supply chain. (ii) coordination procedures to enhance tenders, and any other employees of railroad (b) PILOT PROGRAM.— consistency; and carriers that the Administrator determines (1) ESTABLISHMENT.—The Secretary may (iii) effectiveness in inspection and compli- should receive security training under this establish a pilot program to determine the ance activities; and section or that is receiving security training efficacy of a scanning technology referred to (B) whether each transportation mode under other law. in subsection (a). needs inspectors trained and qualified for (2) APPLICATION PROCESS.—In carrying out that specific mode. SEC. 2284. VOLUNTARY USE OF CREDENTIALING. (a) IN GENERAL.—An individual who is sub- the pilot program under this subsection, the SEC. 2283. SECURITY AWARENESS PROGRAM. ject to credentialing or a background inves- Secretary shall— (a) ESTABLISHMENT.—The Administrator (A) solicit applications from domestic shall establish a program to promote surface tigation may satisfy that requirement by ob- taining a valid transportation security card ports; transportation security through the training (B) select up to 4 domestic ports to partici- of surface transportation operators and issued under section 70105 of title 46, United States Code. pate in the pilot program; and frontline employees on each of the skills (C) select ports with unique features and identified in subsection (c). (b) ISSUANCE OF CARDS.—The Secretary of differing levels of trade volume. (b) APPLICATION.—The program established Homeland Security— EPORT.—Not later than 1 year after under subsection (a) shall apply to all modes (1) shall expand the transportation secu- (3) R of surface transportation, including public rity card program, consistent with section initiating a pilot program under paragraph transportation, rail, highway, motor carrier, 70105 of title 46, United States Code, to allow (1), the Secretary shall submit to the appro- and pipeline. an individual who is subject to credentialing priate committees of Congress a report on (c) TRAINING.—The program established or a background investigation to apply for a the pilot program, including— under subsection (a) shall cover, at a min- transportation security card; and (A) an evaluation of the scanning tech- imum, the skills necessary to recognize, as- (2) may charge reasonable fees, in accord- nologies proposed to improve security at do- sess, and respond to suspicious items or ac- ance with section 520(a) of the Department of mestic ports and to meet the full-scale im- tions that could indicate a threat to trans- Homeland Security Appropriations Act, 2004 plementation requirement; portation. (6 U.S.C. 469(a)), for providing the necessary (B) the costs to implement a pilot pro- (d) ASSESSMENT.— credentialing and background investigation. gram; (1) IN GENERAL.—The Administrator shall (c) VETTING.—The Administrator shall uti- (C) the benefits of the proposed scanning conduct an assessment of current training lize, in addition to any background check re- technologies; programs for surface transportation opera- quired for initial issue, the Federal Bureau (D) the impact of the pilot program on the tors and frontline employees. of Investigation’s Rap Back Service and supply chain; and (2) CONTENTS.—The assessment shall iden- other vetting tools as appropriate, including (E) recommendations for implementation tify— the No-Fly and Selectee lists, to get imme- of advanced cargo scanning technologies at (A) whether other training is being pro- diate notification of any criminal activity domestic ports. vided, either voluntarily or in response to relating to any person with a valid transpor- (4) SHARING PILOT PROGRAM TESTING RE- other Federal requirements; and tation security card. SULTS.—The results of the pilot testing of ad- (B) whether there are any gaps in existing (d) DEFINITION.—In this section, the term vanced cargo scanning technologies shall be training. ‘‘individual who is subject to credentialing shared, as appropriate, with government (e) UPDATES.—The Administrator shall en- or a background investigation’’ means an in- agencies and private stakeholders whose re- sure the program established under sub- dividual who— sponsibilities encompass the secure trans- section (a) is updated as necessary to address (1) because of employment is regulated by port of cargo. changes in risk and terrorist methods and to the Transportation Security Administration, SEC. 2287. TECHNICAL AND CONFORMING close any gaps identified in the assessment Department of Transportation, or Coast AMENDMENTS. under subsection (d). Guard and is required to have a background (a) TRANSPORTATION SECURITY ADMINISTRA- (f) SUSPICIOUS ACTIVITY REPORTING.— records check to obtain a hazardous mate- TION.—Section 114 is amended by redesig- (1) IN GENERAL.—The Administrator shall nating subsections (u), (v), and (w) as sub- maintain a national telephone number for an rials endorsement on a commercial driver’s sections (t), (u), and (v), respectively. individual to use to report suspicious activ- license issued by a State under section 5103a (b) TRANSPORTATION SECURITY STRATEGIC ity under this section to the Administration. of title 49, United States Code; or PLANNING.—Section 114(s)(3)(B) is amended (2) PROCEDURES.—The Administrator shall (2) is required to have a credential and by striking ‘‘2007’’ and inserting ‘‘2007)’’. establish procedures for the Administra- background records check under section (c) CONGRESSIONAL OVERSIGHT OF SECURITY tion— 2102(d)(2) of the Homeland Security Act of ASSURANCE FOR PUBLIC AND PRIVATE STAKE- (A) to review and follow-up, as necessary, 2002 (6 U.S.C. 622(d)(2)) at a facility with ac- HOLDERS.—Section 1203(b)(1)(B) of the Imple- on each report received under paragraph (1); tivities that are regulated by the Transpor- menting Recommendations of the 9/11 Com- and tation Security Administration, Department mission Act of 2007 (49 U.S.C. 114 note) is (B) to share, as necessary and in accord- of Transportation, or Coast Guard. amended by striking ‘‘, under section ance with law, the report with appropriate SEC. 2285. BACKGROUND RECORDS CHECKS FOR 114(u)(7) of title 49, United States Code, as Federal, State, local, and tribal entities. ISSUANCE OF HAZMAT LICENSES. added by this section, or otherwise,’’. (3) RULE OF CONSTRUCTION.—Nothing in this Section 5103a(d) is amended by adding at section may be construed to replace or affect the end the following: TITLE III—MARITIME SECURITY in any way the use of 9–1–1 services in an ‘‘(3) TRANSPORTATION SECURITY CARDS.—An SEC. 2301. COORDINATION WITH TSA ON MARI- emergency. individual who holds a valid transportation TIME FACILITIES. (g) DEFINITION OF FRONTLINE EMPLOYEE.— security card issued by the Secretary of the (a) IN GENERAL.—The Commandant of the In this section, the term ‘‘frontline em- department in which the Coast Guard is op- Coast Guard shall assess the vulnerabilities ployee’’ includes— erating under section 70105 of title 46 shall be of and risks to maritime facilities to ensure

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3837 the adjacent security responsibilities of the information, information system, or oper- ments or plans, submitted after the date Coast Guard and TSA are coordinated. ational technology.’’. that the cybersecurity risk assessment (b) REQUIREMENTS.—In carrying out the re- (c) NATIONAL MARITIME SECURITY ADVISORY model is developed under subsection (a). quirements under subsection (a), the Com- COMMITTEE.— (e) BRIEF TO CONGRESS.—Not later than 1 mandant shall— (1) FUNCTIONS.—Section 70112(a)(1)(A) of year after the date of enactment of this Act, (1) provide the TSA with any results from title 46, United States Code, is amended by the Commandant of the Coast Guard shall an evaluation threats to the maritime trans- inserting before the semicolon the following: provide to the appropriate committees of portation system and effectiveness of exist- ‘‘, including on enhancing the sharing of in- Congress a briefing on how the Coast Guard ing maritime transportation security pro- formation related to cybersecurity risks that will assist in security and response in the grams, policies, and initiatives for input into may cause a transportation security inci- port environment when a cyber-caused trans- the development of the risk-based security dent, between relevant Federal agencies portation security incident occurs, to in- strategy in section 2271 and, to the extent and— clude the use of cyber protection teams. practicable, avoid any unnecessary duplica- ‘‘(i) State, local, and tribal governments; SEC. 2304. FACILITY INSPECTION INTERVALS. tion of effort; ‘‘(ii) relevant public safety and emergency Section 70103(c)(4)(D) of title 46, United (2) ensure there are no security gaps be- response agencies; States Code, is amended to read as follows: tween jurisdictional authorities that a ‘‘(iii) relevant law enforcement and secu- ‘‘(D) subject to the availability of appro- threat can exploit to cause harm; rity organizations; priations, periodically, but not less than one (3) determine the extent to which stake- ‘‘(iv) maritime industry; time per year, conduct a risk-based, no no- holder security programs, policies, and ini- ‘‘(v) port owners and operators; and tice facility inspection to verify the effec- tiatives address the vulnerabilities and risks ‘‘(vi) terminal owners and operators;’’. tiveness of each such facility security plan.’’. to maritime transportation systems identi- (2) INFORMATION SHARING.—The Com- SEC. 2305. UPDATES OF MARITIME OPERATIONS fied in subsection (a); and mandant of the Coast Guard shall— COORDINATION PLAN . (4) subject to paragraphs (2) and (3), miti- (A) ensure there is a process for each Area (a) IN GENERAL.—Subtitle C of title IV of gate each vulnerability and risk to maritime Maritime Security Advisory Committee es- the Homeland Security Act of 2002 (6 U.S.C. transportation systems identified in sub- tablished under section 70112 of title 46, 231 et seq.) is amended by adding at the end section (a). United States Code— the following: SEC. 2302. STRATEGIC PLAN TO ENHANCE THE (i) to facilitate the sharing of information ‘‘SEC. 434. MARITIME OPERATIONS COORDINA- SECURITY OF THE INTERNATIONAL related to cybersecurity risks that may TION PLAN. SUPPLY CHAIN. cause transportation security incidents; ‘‘(a) IN GENERAL.—Not later than 180 days Section 201 of the Security and Account- (ii) to timely report transportation secu- after the date of the enactment of the TSA ability for Every Port Act of 2006 (6 U.S.C. rity incidents to the national level; and Modernization Act, and biennially there- 941) is amended— (iii) to disseminate such reports across the after, the Secretary shall— (1) in subsection (a), by striking ‘‘as appro- entire maritime transportation system; and ‘‘(1) update the Maritime Operations Co- priate’’ and inserting ‘‘triennially’’; and (B) issue voluntary guidance for the man- ordination Plan, published by the Depart- (2) in subsection (g)— agement of such cybersecurity risks in each ment on July 7, 2011, to strengthen coordina- (A) in the heading, by striking ‘‘REPORT’’ Area Maritime Transportation Security Plan tion, planning, information sharing, and in- and inserting ‘‘REPORTS’’; and and facility security plan required under sec- telligence integration for maritime oper- (B) by amending paragraph (2) to read as tion 70103 of title 46, United States Code, ap- ations of components and offices of the De- follows: proved after the date that the cybersecurity partment with responsibility for maritime ‘‘(2) UPDATES.—Not later than 270 days risk assessment model is developed under security missions; and after the date of enactment of the TSA Mod- subsection (a) of this section. ‘‘(2) submit each update to the Committee ernization Act and triennially thereafter, (d) VULNERABILITY ASSESSMENTS AND SECU- on Commerce, Science, and Transportation the Secretary shall submit to the appro- RITY PLANS.— and the Committee on Homeland Security priate congressional committees a report (1) FACILITY AND VESSEL ASSESSMENTS.— and Governmental Affairs of the Senate and that contains any updates to the strategic Section 70102(b)(1) of title 46, United States the Committee on Transportation and Infra- plan under subsection (a) since the prior re- Code, is amended— structure and the Committee on Homeland port.’’. (A) in the matter preceding subparagraph Security of the House of Representatives. SEC. 2303. CYBERSECURITY INFORMATION SHAR- (A), by striking ‘‘and by not later than De- ‘‘(b) CONTENTS.—Each update shall address ING AND COORDINATION IN PORTS. cember 31, 2004’’; and the following: (a) MARITIME CYBERSECURITY RISK ASSESS- (B) in subparagraph (C), by inserting ‘‘se- ‘‘(1) Coordinating the planning, integration MENT MODEL.—The Secretary of Homeland curity against cybersecurity risks,’’ after of maritime operations, and development of Security, through the Commandant of the ‘‘physical security,’’. joint maritime domain awareness efforts of Coast Guard shall— (2) MARITIME TRANSPORTATION SECURITY any component or office of the Department (1) not later than 1 year after the date of PLANS.—Section 70103 of title 46, United with responsibility for maritime security enactment of this Act, coordinate with the States Code, is amended— missions. National Maritime Security Advisory Com- (A) in subsection (a)(1), by striking ‘‘Not ‘‘(2) Maintaining effective information mittee, the Area Maritime Security Advi- later than April 1, 2005, the’’ and inserting sharing and, as appropriate, intelligence in- sory Committees, and other maritime stake- ‘‘The’’; tegration, with Federal, State, and local offi- holders, as necessary, to develop and imple- (B) in subsection (a)(2), by adding at the cials and the private sector, regarding ment a maritime cybersecurity risk assess- end the following: threats to maritime security. ment model, consistent with the activities ‘‘(K) A plan to detect, respond to, and re- ‘‘(3) Cooperating and coordinating with described in section 2(e) of the National In- cover from cybersecurity risks that may Federal departments and agencies, and State stitute of Standards and Technology Act (15 cause transportation security incidents.’’; and local agencies, in the maritime environ- U.S.C. 272(e)), to evaluate current and future (C) in subsection (b)(2)— ment, in support of maritime security mis- cybersecurity risks that have the potential (i) in subparagraph (G)(ii), by striking ‘‘; sions. to affect the marine transportation system and’’ and inserting a semicolon; ‘‘(4) Highlighting the work completed with- or that would cause a transportation secu- (ii) by redesignating subparagraph (H) as in the context of other national and Depart- rity incident (as defined in section 70101 of subparagraph (I); and ment maritime security strategic guidance title 46, United States Code) in ports; and (iii) by inserting after subparagraph (G) and how that work fits with the Maritime (2) not less than biennially thereafter, the following: Operations Coordination Plan.’’. evaluate the effectiveness of the cybersecu- ‘‘(H) include a plan for detecting, respond- (b) TABLE OF CONTENTS.—The table of con- rity risk assessment model established under ing to, and recovering from cybersecurity tents in section 1(b) of the Homeland Secu- paragraph (1). risks that may cause transportation security rity Act of 2002 (Public Law 107–296; 116 Stat. (b) PORT SECURITY; DEFINITIONS.—Section incidents; and’’; and 2136) is amended by adding after the item re- 70101 of title 46, United States Code, is (D) in subsection (c)(3)(C)— lating to section 433 the following: amended— (i) in clause (iv), by striking ‘‘; and’’ and ‘‘434. Maritime operations coordination (1) by redesignating paragraphs (2) through inserting a semicolon; plan.’’. (6) as paragraphs (3) through (7), respec- (ii) by redesignating clause (v) as clause SEC. 2306. EVALUATION OF COAST GUARD tively; and (vi); and DEPLOYABLE SPECIALIZED FORCES. (2) by inserting after paragraph (1) the fol- (iii) by inserting after clause (iv) the fol- (a) IN GENERAL.—Not later than 1 year lowing: lowing: after the date of enactment of this Act, the ‘‘(2) The term ‘cybersecurity risk’ means ‘‘(v) detecting, responding to, and recov- Comptroller General of the United States the extent to which a technology asset is ering from cybersecurity risks that may shall submit to the Committee on Com- vulnerable to information, information sys- cause transportation security incidents; merce, Science, and Transportation and the tems, or operational technology being lost, and’’. Committee on Homeland Security and Gov- destroyed, or other adverse impact on the se- (3) APPLICABILITY.—The amendments made ernmental Affairs of the Senate and the curity, availability, confidentiality, integ- by this subsection shall apply to assessments Committee on Transportation and Infra- rity, or functionality, as applicable, of that or security plans, or updates to such assess- structure and the Committee on Homeland

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3838 CONGRESSIONAL RECORD — SENATE June 12, 2018 Security of the House of Representatives a deconflicting any duplicative flight hours or actment of this Act to provide continuous report on the state of the Coast Guard’s patrols with the agencies described in para- monitoring of the high-risk maritime bor- Deployable Specialized Forces (referred to in graph (1)(B); ders, as determined by the Secretary; and this section as DSF). (C) include a sector-by-sector analysis of (2) enter into such agreements as the Sec- (b) CONTENTS.—The report shall include, at any potential costs savings that would be de- retary considers necessary to ensure 24-hour a minimum, the following: rived through greater coordination of flight monitoring of the technology described in (1) For each of the past 3 fiscal years, and hours and patrols; and paragraph (1). for each type of DSF, the following: (D) examine whether co-locating personnel SEC. 2312. TECHNICAL AND CONFORMING (A) A cost analysis, including training, op- from the agencies described in paragraph (1) AMENDMENTS. erating, and travel costs. would enhance cooperation among those (a) STUDY TO IDENTIFY REDUNDANT BACK- (B) The number of personnel assigned. agencies; and GROUND RECORDS CHECKS.—Section 105 of the (C) The total number of units. (3) submit to the Secretary of Homeland Security and Accountability for Every Port (D) The total number of operations con- Security and the appropriate committees of Act of 2006 (Public Law 109–347; 120 Stat. 1891) ducted. Congress a report on the analysis, including and the item relating to that section in the (E) The number of operations requested by any recommendations. table of contents for that Act are repealed. each of the following: (b) DHS REPORT.—Not later than 180 days (b) DOMESTIC RADIATION DETECTION AND IM- (i) Coast Guard. after the date the report is submitted under AGING.—Section 121 of the Security and Ac- (ii) Other components or offices of the De- subsection (a)(3), the Secretary of Homeland countability for Every Port Act of 2006 (6 partment of Homeland Security. Security shall submit to the appropriate U.S.C. 921)— (iii) Other Federal departments or agen- committees of Congress a report on what ac- (1) by striking subsections (c), (d), and (e); cies. tions the Secretary plans to take in response (2) redesignating subsections (f), (g), (h), (iv) State agencies. to the findings of the analysis and rec- and (i) as subsections (c), (d), (e), and (f), re- (v) Local agencies. ommendations of the Comptroller General. spectively; and (F) The number of operations fulfilled in (c) DEFINITION OF APPLICABLE LOCATION.— (3) in subsection (e)(1)(B), as redesignated, support of each entity described in clauses (i) In this section, the term ‘‘applicable loca- by striking ‘‘(and updating, if any, of that through (v) of subparagraph (E). tion’’ means any location in which the Air strategy under subsection (c))’’. (2) An examination of alternative distribu- and Marine Operations of the U.S. Customs (c) INSPECTION OF CAR FERRIES ENTERING tions of deployable specialized forces, includ- and Border Protection is based within 45 FROM ABROAD.—Section 122 of the Security ing the feasibility, cost (including cost sav- miles of a location in which any other agen- and Accountability for Every Port Act of ings), and impact on mission capability of cy of the Department of Homeland Security 2006 (6 U.S.C. 922) and the item relating to such distributions, including at a minimum also operates air and marine assets. that section in the table of contents for that the following: SEC. 2309. MARITIME SECURITY CAPABILITIES Act are repealed. (A) Combining deployable specialized ASSESSMENTS. (d) REPORT ON ARRIVAL AND DEPARTURE forces, primarily focused on counterdrug op- (a) IN GENERAL.—Subtitle C of title IV of MANIFEST FOR CERTAIN COMMERCIAL VESSELS erations, under one centralized command. the Homeland Security Act of 2002 (6 U.S.C. IN THE UNITED STATES VIRGIN ISLANDS.—Sec- (B) Distributing counter-terrorism and 231 et seq.), as amended by section 2305 of tion 127 of the Security and Accountability anti-terrorism capabilities to deployable spe- this Act, is further amended by adding at the for Every Port Act of 2006 (120 Stat. 1900) and cialized forces in each major United States end the following: the item relating to that section in the table of contents for that Act are repealed. port. ‘‘SEC. 435. MARITIME SECURITY CAPABILITIES (e) INTERNATIONAL COOPERATION AND CO- (c) DEFINITION OF DEPLOYABLE SPECIALIZED ASSESSMENTS. ORDINATION.— FORCES OR DSF.—In this section, the term ‘‘Not later than 180 days after the date of (1) IN GENERAL.—Section 233 of the Secu- ‘‘deployable specialized forces’’ or ‘‘DSF’’ enactment of the TSA Modernization Act, rity and Accountability for Every Port Act means the deployable specialized forces es- and annually thereafter, the Secretary shall of 2006 (6 U.S.C. 983) is amended to read as tablished section 70106 of title 46, United submit to the Committee on Commerce, follows: States Code. Science, and Transportation and the Com- SEC. 2307. REPEAL OF INTERAGENCY OPER- mittee on Homeland Security and Govern- ‘‘SEC. 233. INSPECTION TECHNOLOGY AND TRAIN- ING. ATIONAL CENTERS FOR PORT SECU- mental Affairs of the Senate and the Com- ‘‘(a) IN GENERAL.—The Secretary, in co- RITY AND SECURE SYSTEMS OF mittee on Transportation and Infrastructure ordination with the Secretary of State, the TRANSPORTATION. and the Committee on Homeland Security of Secretary of Energy, and appropriate rep- (a) INTERAGENCY OPERATIONAL CENTERS FOR the House of Representatives, an assessment resentatives of other Federal agencies, may PORT SECURITY.—Section 70107A of title 46, of the number and type of maritime assets provide technical assistance, equipment, and United States Code, is repealed. and the number of personnel required to in- (b) SECURE SYSTEMS OF TRANSPORTATION.— training to facilitate the implementation of crease the Department’s maritime response Section 70116 of title 46, United States Code, supply chain security measures at ports des- rate pursuant to section 1092 of the National is repealed. ignated under the Container Security Initia- Defense Authorization Act for Fiscal Year (c) TECHNICAL AND CONFORMING AMEND- tive. 2017 (6 U.S.C. 223).’’. MENTS.— ‘‘(b) ACQUISITION AND TRAINING.—Unless (b) TABLE OF CONTENTS.—The table of con- (1) TABLE OF CONTENTS.—The table of con- otherwise prohibited by law, the Secretary tents in section 1(b) of the Homeland Secu- tents for chapter 701 of title 46, United may— rity Act of 2002 (Public Law 107–296; 116 Stat. States Code, is amended by striking the ‘‘(1) lease, loan, provide, or otherwise as- 2136), as amended by section 2305 of this Act, items relating to sections 70107A and 70116. sist in the deployment of nonintrusive in- is further amended by adding after the item (2) REPORT REQUIREMENT.—Section 108 of spection and radiation detection equipment relating to section 434 the following: the Security and Accountability for Every at foreign land and sea ports under such Port Act of 2006 (Public Law 109–347; 120 Stat. ‘‘435. Maritime security capabilities assess- terms and conditions as the Secretary pre- 1893) is amended by striking subsection (b) ments.’’. scribes, including nonreimbursable loans or (46 U.S.C. 70107A note) and inserting the fol- SEC. 2310. CONTAINER SECURITY INITIATIVE. the transfer of ownership of equipment; and lowing: Section 205(l) of the Security and Account- ‘‘(2) provide training and technical assist- ‘‘(b) [Reserved].’’. ability for Every Port Act of 2006 (6 U.S.C. ance for domestic or foreign personnel re- SEC. 2308. DUPLICATION OF EFFORTS IN THE 945) is amended— sponsible for operating or maintaining such MARITIME DOMAIN. (1) by striking paragraph (2); and equipment.’’. (a) GAO ANALYSIS.—Not later than 1 year (2) in paragraph (1)— (2) TABLE OF CONTENTS.—The table of con- after the date of enactment of this Act, the (A) by striking ‘‘(1) IN GENERAL.—Not later tents in section 1(b) of the Security and Ac- Comptroller General of the United States than September 30, 2007,’’ and inserting ‘‘Not countability for Every Port Act of 2006 (Pub- shall— later than 270 days after the date of enact- lic Law 109–347; 120 Stat. 1884) is amended by (1) conduct an analysis of all operations in ment of the TSA Modernization Act,’’; and amending the item relating to section 233 to the applicable location of— (B) by redesignating subparagraphs (A) read as follows: (A) the Air and Marine Operations of the through (H) as paragraphs (1) through (8), re- ‘‘Sec. 233. Inspection technology and train- U.S. Customs and Border Protection; and spectively. ing.’’. (B) any other agency of the Department of SEC. 2311. MARITIME BORDER SECURITY CO- (f) PILOT PROGRAM TO IMPROVE THE SECU- Homeland Security that operates air and OPERATION. RITY OF EMPTY CONTAINERS.—Section 235 of marine assets; The Secretary of the department in which the Security and Accountability for Every (2) in conducting the analysis under para- the Coast Guard is operating shall, in ac- Port Act of 2006 (6 U.S.C. 984) and the item graph (1)— cordance with law— relating to that section in the table of con- (A) determine whether any duplicative op- (1) partner with other Federal, State, and tents for that Act are repealed. erations are occurring among the agencies local government agencies to leverage exist- (g) SECURITY PLAN FOR ESSENTIAL AIR described in paragraph (1); ing technology, including existing sensor and SERVICE AND SMALL COMMUNITY AIRPORTS.— (B) examine the extent to which the Air camera systems and other sensors, in place Section 701 of the Security and Account- and Marine Operations is synchronizing and along the maritime border on the date of en- ability for Every Port Act of 2006 (Public

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3839 Law 109–347; 120 Stat. 1943) and the item re- istration, as the case may be,’’ and inserting (i) in paragraph (1), by striking ‘‘Under lating to that section in the table of con- ‘‘Federal Aviation Administration’’; and Secretary’’ and inserting ‘‘Administrator of tents for that Act are repealed. (iii) by striking ‘‘Under Secretary or Ad- the Transportation Security Administra- (h) AIRCRAFT CHARTER CUSTOMER AND LES- ministrator, as the case may be,’’ and insert- tion’’; and SEE PRESCREENING PROGRAM.—Section 708 of ing ‘‘Administrator’’; (ii) in paragraph (2)— the Security and Accountability for Every (3) by striking section 40119; and (I) by striking ‘‘Under Secretary’’ the first Port Act of 2006 (Public Law 109–347; 120 Stat. (4) in the table of contents, by striking the place it appears and inserting ‘‘Adminis- 1947) and the item relating to that section in item relating to section 40119 and inserting trator of the Transportation Security Ad- the table of contents for that Act are re- the following: ministration’’; and pealed. ‘‘40119. [Reserved].’’. (II) by striking ‘‘Under Secretary’’ each place it appears and inserting ‘‘Adminis- TITLE IV—CONFORMING AND (d) CHAPTER 449 AMENDMENTS.—Chapter 449 MISCELLANEOUS AMENDMENTS is amended— trator’’; SEC. 2401. TITLE 49 AMENDMENTS. (1) in section 44901— (H) in subsection (i)— (a) DELETION OF DUTIES RELATED TO AVIA- (A) in subsection (a)— (i) in the matter preceding paragraph (1), TION SECURITY.—Section 106(g) is amended to (i) by striking ‘‘Under Secretary of Trans- by striking ‘‘Under Secretary’’ and inserting read as follows: portation for Security’’ and inserting ‘‘Ad- ‘‘Administrator of the Transportation Secu- rity Administration’’; and ‘‘(g) DUTIES AND POWERS OF ADMINIS- ministrator of the Transportation Security (ii) in paragraph (2), by striking ‘‘Under TRATOR.—The Administrator shall carry out Administration’’; and the following: Secretary’’ and inserting ‘‘Administrator’’; (ii) by striking ‘‘, United States Code’’; ‘‘(1) Duties and powers of the Secretary of (I) in subsection (j)(1)— (B) in subsection (c), by striking ‘‘but not Transportation under subsection (f) of this (i) in the matter preceding subparagraph later than the 60th day following the date of section related to aviation safety (except (A), by striking ‘‘Before January 1, 2008, the’’ enactment of the Aviation and Transpor- those related to transportation, packaging, and inserting ‘‘The’’; and tation Security Act’’; marking, or description of hazardous mate- (ii) in subparagraph (A), by striking ‘‘the (C) in subsection (d)— rial) and stated in the following: date of enactment of this subsection’’ and in- (i) in paragraph (1)— ‘‘(A) Section 308(b). serting ‘‘August 3, 2007’’; (I) in the matter preceding subparagraph ‘‘(B) Subsections (c) and (d) of section 1132. (J) in subsection (k)— (A), by striking ‘‘Under Secretary of Trans- ‘‘(C) Sections 40101(c), 40103(b), 40106(a), (i) in paragraph (1), by striking ‘‘Not later 40108, 40109(b), 40113(a), 40113(c), 40113(d), portation for Security’’ and inserting ‘‘Ad- than one year after the date of enactment of 40113(e), and 40114(a). ministrator of the Transportation Security this subsection, the’’ and inserting ‘‘The’’; ‘‘(D) Chapter 445, except sections 44501(b), Administration’’; and (ii) in paragraph (2), by striking ‘‘Not later 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, (II) in subparagraph (A), by striking ‘‘no than 6 months after the date of enactment of 44509, 44510, 44514, and 44515. later than December 31, 2002’’; this subsection, the’’ and inserting ‘‘The’’; ‘‘(E) Chapter 447, except sections 44717, (ii) by striking paragraphs (2) and (3); and 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, (iii) by redesignating paragraph (4) as para- (iii) in paragraph (3), by striking ‘‘Not and 44723. graph (2); and later than 180 days after the date of enact- ‘‘(F) Chapter 451. (iv) in paragraph (2), as redesignated— ment of this subsection, the’’ in paragraph ‘‘(G) Chapter 453. (I) in subparagraph (A), by striking ‘‘As- (3) and inserting ‘‘The’’; and ‘‘(H) Section 46104. sistant Secretary (Transportation Security (K) in subsection (l)— ‘‘(I) Subsections (d) and (h)(2) of section Administration)’’ and inserting ‘‘Adminis- (i) in paragraph (2)— 46301 and sections 46303(c), 46304 through trator of the Transportation Security Ad- (I) in the matter preceding subparagraph 46308, 46310, 46311, and 46313 through 46316. ministration’’; (A), by striking ‘‘Beginning June 1, 2012, the ‘‘(J) Chapter 465. (II) in subparagraph (B), by striking ‘‘As- Assistant Secretary of Homeland Security ‘‘(K) Sections 47504(b) (related to flight sistant Secretary’’ and inserting ‘‘Adminis- (Transportation Security Administration)’’ procedures), 47508(a), and 48107. trator of the Transportation Security Ad- and inserting ‘‘The Administrator of the ‘‘(2) Additional duties and powers pre- ministration’’; and Transportation Security Administration’’; scribed by the Secretary of Transpor- (III) in subparagraph (D)— and tation.’’. (aa) by striking ‘‘Assistant Secretary’’ the (II) in subparagraph (B), by striking ‘‘As- (b) TRANSPORTATION SECURITY OVERSIGHT first place it appears and inserting ‘‘Admin- sistant Secretary’’ and inserting ‘‘Adminis- BOARD.—Section 115 is amended— istrator of the Transportation Security Ad- trator’’; (1) in subsection (c)(1), by striking ‘‘Under ministration’’; and (ii) in paragraph (3)— Secretary of Transportation for security’’ (bb) by striking ‘‘Assistant Secretary’’ the (I) in subparagraph (A)— and inserting ‘‘Administrator of the Trans- second place it appears and inserting ‘‘Ad- (aa) by striking ‘‘Assistant Secretary’’ the portation Security Administration’’; and ministrator’’; first place it appears and inserting ‘‘Admin- (2) in subsection (c)(6), by striking ‘‘Under (D) in subsection (e)— istrator of the Transportation Security Ad- Secretary’’ and inserting ‘‘Administrator’’. (i) in that matter preceding paragraph (1)— ministration’’; and (c) CHAPTER 401 AMENDMENTS.—Chapter 401 (I) by striking ‘‘but not later than the 60th (bb) by striking ‘‘Assistant Secretary’’ the is amended— day following the date of enactment of the second place it appears and inserting ‘‘Ad- (1) in section 40109— Aviation and Transportation Security Act’’; ministrator’’; and (A) in subsection (b), by striking ‘‘, 40119, and (II) in subparagraph (B), by striking ‘‘As- 44901, 44903, 44906, and 44935–44937’’; and (II) by striking ‘‘Under Secretary’’ and in- sistant Secretary’’ and inserting ‘‘Adminis- (B) in subsection (c), by striking ‘‘sections serting ‘‘Administrator of the Transpor- trator of the Transportation Security Ad- 44909 and’’ and inserting ‘‘sections 44909(a), tation Security Administration’’; and ministration’’; and 44909(b), and’’; (ii) in paragraph (4), by striking ‘‘Under (iii) in paragraph (4)— (2) in section 40113— Secretary’’ and inserting ‘‘Administrator’’; (I) in subparagraph (A)— (A) in subsection (a)— (E) in subsection (f), by striking ‘‘after the (aa) by striking ‘‘60 days after the deadline (i) by striking ‘‘the Under Secretary of date of enactment of the Aviation and Trans- specified in paragraph (2), and not later Transportation for Security with respect to portation Security Act’’; than’’; security duties and powers designated to be (F) in subsection (g)— (bb) by striking ‘‘Assistant Secretary’’ the carried out by the Under Secretary or’’ and (i) in paragraph (1), by striking ‘‘Not later first place it appears and inserting ‘‘Admin- inserting ‘‘the Administrator of the Trans- than 3 years after the date of enactment of istrator of the Transportation Security Ad- portation Security Administration with re- the Implementing Recommendations of the ministration’’; and spect to security duties and powers des- 9/11 Commission Act of 2007, the’’ and insert- (cc) by striking ‘‘Assistant Secretary’’ the ignated to be carried out by that Adminis- ing ‘‘The’’; second place it appears and inserting ‘‘Ad- trator or’’; (ii) in paragraph (2), by striking ‘‘as fol- ministrator’’; and (ii) by striking ‘‘carried out by the Admin- lows:’’ and all that follows and inserting a (II) in subparagraph (B), by striking ‘‘As- istrator’’ and inserting ‘‘carried out by that period; sistant Secretary’’ each place it appears and Administrator’’; and (iii) by amending paragraph (3) to read as inserting ‘‘Administrator of the Transpor- (iii) by striking ‘‘, Under Secretary, or Ad- follows: tation Security Administration’’; ministrator,’’ and inserting ‘‘, Administrator ‘‘(3) REGULATIONS.—The Secretary of (2) section 44902 is amended— of the Transportation Security Administra- Homeland Security shall issue a final rule as (A) in subsection (a), by striking ‘‘Under tion, or Administrator of the Federal Avia- a permanent regulation to implement this Secretary of Transportation for Security’’ tion Administration,’’; and subsection in accordance with the provisions and inserting ‘‘Administrator of the Trans- (B) in subsection (d)— of chapter 5 of title 5.’’; portation Security Administration’’; and (i) by striking ‘‘Under Secretary of Trans- (iv) by striking paragraph (4); and (B) in subsection (b), by striking ‘‘Under portation for Security or the’’; (v) by redesignating paragraph (5) as para- Secretary’’ and inserting ‘‘Administrator of (ii) by striking ‘‘Transportation Security graph (4); the Transportation Security Administra- Administration or Federal Aviation Admin- (G) in subsection (h)— tion’’;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3840 CONGRESSIONAL RECORD — SENATE June 12, 2018 (3) section 44903 is amended— (cc) by striking ‘‘Secretary’’ and inserting ministrator of the Transportation Security (A) in subsection (a)— ‘‘Administrator’’; Administration’’; and (i) in the heading, by striking ‘‘DEFINI- (IV) in subparagraph (C)— (B) by striking ‘‘Under Secretary’’ each TION’’ and inserting ‘‘DEFINITIONS’’; (aa) in clause (i), by striking ‘‘Not later place it appears and inserting ‘‘Adminis- (ii) by redesignating paragraphs (1) than January 1, 2005, the Assistant Secretary trator’’; through (3) as subparagraphs (A) through (C), of Homeland Security (Transportation Secu- (7) section 44908 is amended— respectively; rity Administration), or the designee of the (A) by striking ‘‘Secretary of Transpor- (iii) in subparagraph (B), as redesignated, Assistant Secretary,’’ and inserting ‘‘The tation’’ each place it appears and inserting by striking ‘‘Under Secretary of Transpor- Administrator’’; ‘‘Administrator of the Transportation Secu- tation for Security’’ and inserting ‘‘Adminis- (bb) in clause (ii), by striking ‘‘Not later rity Administration’’; trator’’; than 180 days after completion of testing (B) in subsection (a), by striking ‘‘safety (iv) in the matter preceding subparagraph under clause (i), the’’ and inserting ‘‘The’’; or’’; and and (A), as redesignated, by striking ‘‘In this sec- (C) in subsection (c), by striking ‘‘The Sec- (cc) in clause (iv), by striking ‘‘Not later tion, ‘law enforcement personnel’ means in- retary’’ and inserting ‘‘The Administrator’’; than 180 days after’’ and inserting ‘‘After’’; dividuals—’’ and inserting ‘‘In this section:’’; (8) section 44909 is amended— (V) in subparagraph (D), by striking ‘‘As- (v) by inserting before subparagraph (A), (A) in subsection (a)(1), by striking ‘‘Not the following: sistant Secretary of Homeland Security (Transportation Security Administration)’’ later than March 16, 1991, the’’ and inserting ‘‘(2) LAW ENFORCEMENT PERSONNEL.—The and inserting ‘‘Administrator’’; ‘‘The’’; and term ‘law enforcement personnel’ means in- (VI) in subparagraph (E)(i), by striking (B) in subsection (c)— dividuals—’’; and ‘‘Not later than 90 days after the date on (i) in paragraph (1), by striking ‘‘Not later (vi) by inserting before paragraph (2), as re- which the Assistant Secretary assumes the than 60 days after the date of enactment of designated, the following: performance of the advanced passenger the Aviation and Transportation Security ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- prescreening function under subparagraph Act, each’’ and inserting ‘‘Each’’; trator’ means the Administrator of the (C)(ii), the’’ and inserting ‘‘The Adminis- (ii) in paragraphs (2)(F) and (5), by striking Transportation Security Administration.’’; trator’’; and ‘‘Under Secretary’’ and inserting ‘‘Adminis- (B) in subsection (d), by striking ‘‘Sec- (VII) by striking ‘‘Assistant Secretary’’ trator of the Transportation Security Ad- retary of Transportation’’ and inserting ‘‘Ad- each place it appears and inserting ‘‘Admin- ministration’’; and ministrator’’; istrator’’; (iii) in paragraph (6)— (C) in subsection (g), by striking ‘‘Under (G) in subsection (l), by striking ‘‘Under (I) in subparagraph (A), by striking ‘‘Not Secretary’s’’ each place it appears and in- Secretary for Border and Transportation Se- later than 60 days after date of enactment of serting ‘‘Administrator’s’’; curity of the Department of Homeland Secu- this paragraph, the’’ and inserting ‘‘The’’; (D) in subsection (h)— rity’’ and inserting ‘‘Administrator’’; and (i) in paragraph (3), by striking ‘‘Sec- (H) in subsection (m)— (II) in subparagraph (B)(ii)— retary’’ and inserting ‘‘Secretary of Home- (i) in paragraph (1), by striking ‘‘Assistant (aa) by striking ‘‘the Secretary will’’ and land Security’’; Secretary of Homeland Security (Transpor- (ii) in paragraph (4)— inserting ‘‘the Secretary of Homeland Secu- tation Security Administration)’’ and insert- rity will’’; and (I) in subparagraph (A), by striking ‘‘, as ing ‘‘Administrator’’; and soon as practicable after the date of enact- (bb) by striking ‘‘the Secretary to’’ and in- (ii) by striking ‘‘Assistant Secretary’’ each serting ‘‘the Secretary of Homeland Security ment of this subsection,’’; place it appears and inserting ‘‘Adminis- to’’; (II) in subparagraph (C), by striking ‘‘sec- trator’’; and (9) section 44911 is amended— tion 44903(c)’’ and inserting ‘‘subsection (c)’’; (I) by striking ‘‘Under Secretary’’ each (A) in subsection (b), by striking ‘‘Under and place it appears and inserting ‘‘Adminis- (III) in subparagraph (E), by striking ‘‘, not trator’’; Secretary of Transportation for Security’’ later than March 31, 2005,’’; (4) section 44904 is amended— and inserting ‘‘Administrator of the Trans- (iii) in paragraph (5), by striking ‘‘Assist- (A) in subsection (a), by striking ‘‘Under portation Security Administration’’; ant Secretary of Homeland Security (Trans- Secretary of Transportation for Security’’ (B) in subsection (d), by striking ‘‘request portation Security Administration)’’ and in- and inserting ‘‘Administrator of the Trans- of the Secretary’’ and inserting ‘‘request of serting ‘‘Administrator’’; portation Security Administration’’; the Secretary of Homeland Security’’; and (iv) in paragraph (6)(A)— (B) in subsection (c)— (C) in subsection (e)— (I) in the matter preceding clause (i), by (i) by striking ‘‘section 114(t)(3)’’ and in- (i) by striking ‘‘Secretary, and the Under striking ‘‘Not later than 18 months after the serting ‘‘section 114(s)(3)’’; and Secretary’’ and inserting ‘‘Secretary of date of enactment of the Implementing Rec- (ii) by striking ‘‘section 114(t)’’ and insert- Homeland Security, and the Administrator ommendations of the 9/11 Commission Act of ing ‘‘section 114(s)’’; of the Transportation Security Administra- 2007, the’’ and inserting ‘‘The’’; and (C) in subsection (d)— tion’’; and (II) in clause (i), by striking ‘‘section’’ and (i) by striking ‘‘Not later than 90 days after (ii) by striking ‘‘intelligence community inserting ‘‘paragraph’’; and the date of the submission of the National and the Under Secretary’’ and inserting ‘‘in- (v) in paragraph (6)(C), by striking ‘‘Sec- Strategy for Transportation Security under telligence community and the Administrator retary’’ and inserting ‘‘Secretary of Home- section 114(t)(4)(A), the Assistant Secretary of the Transportation Security Administra- land Security’’; of Homeland Security (Transportation Secu- tion’’; (E) in subsection (i)(3), by striking ‘‘, after rity Administration)’’ and inserting ‘‘The (10) section 44912 is amended— the date of enactment of this paragraph,’’; Administrator of the Transportation Secu- (A) in subsection (a)— (F) in subsection (j)— rity Administration’’; and (i) in paragraph (1)— (i) by amending paragraph (1) to read as (ii) by striking ‘‘section 114(t)(1)’’ and in- (I) by striking ‘‘Under Secretary of Trans- follows: serting ‘‘section 114(s)(1)’’; and portation for Security’’ and inserting ‘‘Ad- ‘‘(1) IN GENERAL.—The Administrator shall (D) by striking ‘‘Under Secretary’’ each ministrator’’; and periodically recommend to airport operators place it appears and inserting ‘‘Adminis- (II) by striking ‘‘, not later than November commercially available measures or proce- trator of the Transportation Security Ad- 16, 1993,’’; and dures to prevent access to secure airport ministration’’; (ii) in paragraph (4)(C), by striking ‘‘Re- areas by unauthorized persons.’’; (5) section 44905 is amended— search, Engineering and Development Advi- (ii) in paragraph (2)— (A) in subsection (a)— sory Committee’’ and inserting ‘‘Adminis- (I) in the heading, by striking ‘‘COMPUTER- (i) by striking ‘‘Secretary of Transpor- trator’’; ASSISTED PASSENGER PRESCREENING SYSTEM’’ tation’’ and inserting ‘‘Administrator of the (B) in subsection (c)— and inserting ‘‘SECURE FLIGHT PROGRAM’’; Transportation Security Administration’’; (i) in paragraph (1), by striking ‘‘, as a sub- (II) in subparagraph (A)— and committee of the Research, Engineering, and (aa) by striking ‘‘Computer-Assisted Pas- (ii) by striking ‘‘Secretary.’’ and inserting Development Advisory Committee,’’; and senger Prescreening System’’ and inserting ‘‘Administrator.’’; (ii) in paragraph (4), by striking ‘‘Not later ‘‘Secure Flight program’’; (B) in subsection (b), by striking ‘‘Under than 90 days after the date of the enactment (bb) by striking ‘‘Secretary of Transpor- Secretary of Transportation for Security’’ of the Aviation and Transportation Security tation’’ and inserting ‘‘Administrator’’; and and inserting ‘‘Administrator of the Trans- Act, and every two years thereafter,’’ and in- (cc) by striking ‘‘system’’ each place it ap- portation Security Administration’’; and serting ‘‘Biennially,’’; pears and inserting ‘‘program’’; (C) in subsections (c), (d), and (f), by strik- (C) by striking ‘‘Under Secretary’’ each (III) in subparagraph (B)— ing ‘‘Under Secretary’’ each place it appears place it appears and inserting ‘‘Adminis- (aa) by striking ‘‘Computer-Assisted Pas- and inserting ‘‘Administrator of the Trans- trator’’; and senger Prescreening System’’ and inserting portation Security Administration’’; (D) by adding at the end the following: ‘‘Secure Flight program’’; (6) section 44906 is amended— (bb) by striking ‘‘Secretary of Transpor- (A) by striking ‘‘Under Secretary of Trans- ‘‘(d) SECURITY AND RESEARCH AND DEVELOP- tation’’ and inserting ‘‘Administrator’’; and portation for Security’’ and inserting ‘‘Ad- MENT ACTIVITIES.—

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‘‘(1) IN GENERAL.—The Administrator shall (C) by inserting ‘‘the Department of Trans- (C) in subsection (e), by striking ‘‘deputa- conduct research (including behavioral re- portation,’’ before ‘‘air carriers, airport au- tion’’ and inserting ‘‘deputization’’; and search) and development activities appro- thorities, and others’’; (D) by striking ‘‘Under Secretary’’ each priate to develop, modify, test, and evaluate (13) section 44915 is amended by striking place it appears and inserting ‘‘Adminis- a system, procedure, facility, or device to ‘‘Under Secretary of Transportation for Se- trator of the Transportation Security Ad- protect passengers and property against acts curity’’ and inserting ‘‘Administrator of the ministration’’; of criminal violence, aircraft piracy, and ter- Transportation Security Administration’’; (19) section 44923 is amended— rorism and to ensure security. (14) section 44916 is amended— (A) in subsection (a), by striking ‘‘Under ‘‘(2) DISCLOSURE.— (A) in subsection (a), by striking ‘‘Under Secretary for Border and Transportation Se- ‘‘(A) IN GENERAL.—Notwithstanding section Secretary of Transportation for Security’’ curity of the Department of Homeland Secu- 552 of title 5, the Administrator shall pre- and inserting ‘‘Administrator of the Trans- rity’’ and inserting ‘‘Administrator of the scribe regulations prohibiting disclosure of portation Security Administration’’; and Transportation Security Administration’’; information obtained or developed in ensur- (B) in subsection (b)— (B) by striking ‘‘Under Secretary’’ each ing security under this title if the Secretary (i) by striking ‘‘Under Secretary’’ the first place it appears and inserting ‘‘Adminis- of Homeland Security decides disclosing the place it appears and inserting ‘‘Adminis- trator of the Transportation Security Ad- information would— trator of the Transportation Security Ad- ministration’’; ‘‘(i) be an unwarranted invasion of personal ministration’’; and (C) in subsection (e)— privacy; (ii) by striking ‘‘Under Secretary’’ the sec- (i) by striking paragraph (2); and ‘‘(ii) reveal a trade secret or privileged or ond place it appears and inserting ‘‘Adminis- (ii) by striking ‘‘(1) IN GENERAL.—’’; and confidential commercial or financial infor- trator’’; (D) by striking subsection (j); mation; or (15) section 44917 is amended— (20) section 44924 is amended— ‘‘(iii) be detrimental to transportation (A) in subsection (a)— (A) in subsection (a)— safety. (i) in the matter preceding paragraph (1), (i) by striking ‘‘Under Secretary for Border ‘‘(B) INFORMATION TO CONGRESS.—Subpara- by striking ‘‘Under Secretary of Transpor- and Transportation Security of the Depart- graph (A) does not authorize information to tation for Security’’ and inserting ‘‘Adminis- ment of Homeland Security’’ and inserting be withheld from a committee of Congress trator of the Transportation Security Ad- ‘‘Administrator of the Transportation Secu- authorized to have the information. ministration’’; and rity Administration’’; and ‘‘(C) RULE OF CONSTRUCTION.—Nothing in (ii) in paragraph (2), by striking ‘‘by the (ii) by striking ‘‘Administrator under’’ and subparagraph (A) shall be construed to au- Secretary’’; inserting ‘‘Administrator of the Federal thorize the designation of information as (B) in subsection (d)— Aviation Administration under’’; sensitive security information (as defined in (i) in paragraph (1), by striking ‘‘Assistant (B) in subsections (b), (c), (d), (e), and (f), section 15.5 of title 49, Code of Federal Regu- Secretary for Immigration and Customs En- by striking ‘‘Administrator’’ and inserting lations)— forcement of the Department of Homeland ‘‘Administrator of the Federal Aviation Ad- ‘‘(i) to conceal a violation of law, ineffi- Security’’ and inserting ‘‘Administrator of ministration’’; ciency, or administrative error; the Transportation Security Administra- (C) in subsection (f), by striking ‘‘Not later ‘‘(ii) to prevent embarrassment to a per- tion’’; and than 240 days after the date of enactment of son, organization, or agency; (ii) in paragraph (3), by striking ‘‘Assistant this section, the’’ and inserting ‘‘The’’; and ‘‘(iii) to restrain competition; or Secretary’’ each place it appears and insert- (D) by striking ‘‘Under Secretary’’ each ‘‘(iv) to prevent or delay the release of in- ing ‘‘Administrator of the Transportation place it appears and inserting ‘‘Adminis- formation that does not require protection Security Administration’’; trator of the Transportation Security Ad- in the interest of transportation security, in- (16) section 44918 is amended— ministration’’; cluding basic scientific research information (A) in subsection (a)— (21) section 44925 is amended— not clearly related to transportation secu- (i) in paragraph (2)(E), by striking ‘‘Under (A) in subsection (b)(1), by striking ‘‘Not rity. Secretary for Border and Transportation Se- later than 90 days after the date of enact- ‘‘(D) PRIVACY ACT.—Section 552a of title 5 curity of the Department of Homeland Secu- ment of this section, the Assistant Secretary shall not apply to disclosures that the Ad- rity’’ and inserting ‘‘Administrator of the of Homeland Security (Transportation Secu- ministrator of the Transportation Security Transportation Security Administration’’; rity Administration)’’ and inserting ‘‘The Administration may make from the systems (ii) in paragraph (4), by striking ‘‘Not later Administrator of the Transportation Secu- of records of the Transportation Security than one year after the date of enactment of rity Administration’’; Administration to any Federal law enforce- the Vision 100—Century of Aviation Reau- (B) in subsection (b), by striking paragraph ment, intelligence, protective service, immi- thorization Act, the’’ and inserting ‘‘The’’; (3); and gration, or national security official in order and (C) in subsection (d), by striking ‘‘Assist- to assist the official receiving the informa- (iii) in paragraph (5), by striking ‘‘the date ant Secretary’’ each place it appears and in- tion in the performance of official duties. of enactment of the Vision 100—Century of serting ‘‘Administrator of the Transpor- ‘‘(3) TRANSFERS OF DUTIES AND POWERS PRO- Aviation Reauthorization Act’’ and inserting tation Security Administration’’; HIBITED.—Except as otherwise provided by ‘‘December 12, 2003,’’; (22) section 44926(b)(3) is amended by strik- law, the Administrator may not transfer a (B) in subsection (b)— ing ‘‘an misidentified passenger’’ and insert- duty or power under this section to another (i) in paragraph (1), by striking ‘‘Not later ing ‘‘a misidentified passenger’’; department, agency, or instrumentality of than one year after the date of enactment of (23) section 44927 is amended— the United States Government. the Vision 100—Century of Aviation Reau- (A) by striking ‘‘Assistant Secretary’’ each ‘‘(e) DEFINITION OF ADMINISTRATOR.—In this thorization Act, the’’ and inserting ‘‘The’’; place it appears and inserting ‘‘Adminis- section, the term ‘Administrator’ means the and trator of the Transportation Security Ad- Administrator of the Transportation Secu- (ii) in paragraph (6), by striking ‘‘Federal ministration’’; rity Administration.’’; Air Marshals Service’’ and inserting ‘‘Fed- (B) in subsection (a), by striking ‘‘Veteran (11) section 44913 is amended— eral Air Marshal Service’’; and Affairs’’ and inserting ‘‘Veterans Affairs’’; (A) in subsection (a)— (C) by striking ‘‘Under Secretary’’ each and (i) in paragraph (1), by striking ‘‘Under place it appears and inserting ‘‘Adminis- (C) in subsection (f)— Secretary of Transportation for Security’’ trator of the Transportation Security Ad- (i) in the heading, by striking ‘‘REPORT’’ and inserting ‘‘Administrator of the Trans- ministration’’; and inserting ‘‘REPORTS’’; and portation Security Administration (referred (17) section 44920 is amended— (ii) by striking ‘‘Not later than 1 year after to in this section as ‘the Administrator’)’’; (A) in subsection (g)(1), by striking ‘‘sub- the date of enactment of this section, and (ii) by striking paragraph (2); section (a) or section 44919’’ and inserting annually thereafter,’’ and inserting ‘‘Each (iii) by redesignating paragraphs (3) and (4) ‘‘subsection (a)’’; and year,’’; as paragraphs (2) and (3), respectively; and (B) by adding at the end the following: (24) section 44933 is amended— (iv) by striking ‘‘Under Secretary’’ each ‘‘(i) DEFINITION OF ADMINISTRATOR.—In this (A) in subsection (a)— place it appears and inserting ‘‘Adminis- section, the term ‘Administrator’ means the (i) by striking ‘‘Under Secretary of Trans- trator’’; and Administrator of the Transportation Secu- portation for Security’’ and inserting ‘‘Ad- (B) in subsection (b), by striking ‘‘Sec- rity Administration.’’; ministrator of the Transportation Security retary of Transportation’’ and inserting ‘‘Ad- (18) section 44922 is amended— Administration’’; ministrator’’; (A) in the heading, by striking ‘‘Deputa- (ii) by striking ‘‘Federal Security Man- (12) section 44914 is amended— tion’’ and inserting ‘‘Deputization’’; ager’’ and inserting ‘‘Federal Security Direc- (A) by striking ‘‘Under Secretary of Trans- (B) in subsection (a)— tor’’; and portation for Security’’ and inserting ‘‘Ad- (i) in the heading, by striking ‘‘DEPUTA- (iii) by striking ‘‘Managers’’ each place it ministrator of the Transportation Security TION’’ and inserting ‘‘DEPUTIZATION’’; and appears and inserting ‘‘Federal Security Di- Administration’’; (ii) by striking ‘‘Under Secretary of Trans- rectors’’; (B) by striking ‘‘Under Secretary’’ each portation for Security’’ and inserting ‘‘Ad- (B) in subsection (b), by striking ‘‘Man- place it appears and inserting ‘‘Adminis- ministrator of the Transportation Security ager’’ and inserting ‘‘Federal Security Direc- trator’’; and Administration’’; tor’’; and

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(C) by striking ‘‘Under Secretary’’ each Administrator of the Transportation Secu- (i) by striking ‘‘(1) PERFORMANCE PLAN AND place it appears and inserting ‘‘Adminis- rity Administration.’’; REPORT.—’’; trator of the Transportation Security Ad- (28) section 44937 is amended by striking (ii) by redesignating subparagraphs (A) and ministration’’; ‘‘Under Secretary of Transportation for Se- (B) as paragraphs (1) and (2), respectively; (25) section 44934 is amended— curity’’ and inserting ‘‘Administrator of the (iii) in paragraph (1), as redesignated— (A) in subsection (a)— Transportation Security Administration’’; (I) by redesignating clauses (i) and (ii) as (i) by striking ‘‘Under Secretary of Trans- (29) section 44938 is amended— subparagraphs (A) and (B), respectively; portation for Security’’ and inserting ‘‘Ad- (A) in subsection (a)— (II) in subparagraph (A), as redesignated, ministrator of the Transportation Security (i) by striking ‘‘Under Secretary of Trans- by striking ‘‘the Secretary and the Under Administration’’; portation for Security’’ and inserting ‘‘Ad- Secretary for Transportation Security shall (ii) by striking ‘‘airports. In coordination ministrator of the Transportation Security agree’’ and inserting ‘‘the Secretary of with the Secretary’’ and inserting ‘‘airports. Administration’’; and Homeland Security and the Administrator of In coordination with the Secretary of (ii) by striking ‘‘Secretary of Transpor- the Transportation Security Administration State’’; tation’’ and inserting ‘‘Secretary of Home- shall agree’’; and (iii) by striking ‘‘The Secretary shall give land Security’’; and (III) in subparagraph (B), as redesignated, high priority’’ and inserting ‘‘The Secretary (B) by striking ‘‘Under Secretary’’ each by striking ‘‘the Secretary, the Under Sec- of State shall give high priority’’; and place it appears and inserting ‘‘Adminis- retary for Transportation Security’’ and in- (iv) by striking ‘‘Under Secretary’’ each trator of the Transportation Security Ad- serting ‘‘the Secretary of Homeland Secu- place it appears and inserting ‘‘Adminis- ministration’’; rity, the Administrator of the Transpor- trator’’; and (30) section 44939(d) is amended by striking tation Security Administration,’’; and (B) in subsection (b)— ‘‘Not later than 60 days after the date of en- (iv) in paragraph (2), as redesignated, by (i) in the matter preceding paragraph (1), actment of this section, the Secretary’’ and striking ‘‘Under Secretary for Transpor- by striking ‘‘Under Secretary’’ and inserting inserting ‘‘The Secretary of Homeland Secu- tation Security’’ and inserting ‘‘Adminis- ‘‘Administrator of the Transportation Secu- rity’’; trator of the Transportation Security Ad- rity Administration’’; and (31) section 44940 is amended— ministration’’; (ii) in paragraph (1), by striking ‘‘Under Secretary’’ and inserting ‘‘Administrator’’; (A) in subsection (a)— (34) section 44943 is amended— and (i) in paragraph (1)— (A) in subsection (a), by striking ‘‘Under (C) in subsection (c), by striking ‘‘the Sec- (I) by striking ‘‘Under Secretary of Trans- Secretary for Transportation Security’’ and retary and the chief’’ and inserting ‘‘the Sec- portation for Security’’ and inserting ‘‘Ad- inserting ‘‘Administrator of the Transpor- retary of State and the chief’’; ministrator of the Transportation Security tation Security Administration’’; (26) section 44935 is amended— Administration’’; and (B) in subsection (b)— (A) in subsection (a), by striking ‘‘Under (II) by striking the last two sentences; and (i) in paragraph (1)— Secretary of Transportation for Security’’ (ii) by adding at the end the following: (I) by striking ‘‘Secretary and Under Sec- and inserting ‘‘Administrator’’; ‘‘(2) DETERMINATION OF COSTS.— retary of Transportation for Security’’ and (B) in subsection (e)— ‘‘(A) IN GENERAL.—The amount of the costs inserting ‘‘Secretary of Homeland Security (i) in paragraph (1), by striking ‘‘Under under paragraph (1) shall be determined by and Administrator of the Transportation Se- Secretary of Transportation for Security’’ the Administrator of the Transportation Se- curity Administration’’; and and inserting ‘‘Administrator’’; and curity Administration and shall not be sub- (II) by striking ‘‘Under Secretary’’ and in- (ii) in paragraph (2)(A)— ject to judicial review. serting ‘‘Administrator of the Transpor- (I) in the matter preceding clause (i)— ‘‘(B) DEFINITION OF FEDERAL LAW ENFORCE- tation Security Administration’’; and (aa) by striking ‘‘Within 30 days after the MENT PERSONNEL.—For purposes of paragraph (ii) in paragraph (2)— date of enactment of the Aviation and Trans- (1)(A), the term ‘Federal law enforcement (I) by striking ‘‘Under Secretary’’ the first portation Security Act, the’’ and inserting personnel’ includes State and local law en- place it appears and inserting ‘‘Adminis- ‘‘The’’; and forcement officers who are deputized under trator of the Transportation Security Ad- (bb) by inserting ‘‘other’’ before ‘‘provision section 44922.’’; ministration’’; and of law’’; and (B) in subsections (b), (d), (e), (g), and (h), (II) by striking ‘‘Under Secretary shall’’ (II) in clause (ii), by striking ‘‘section by striking ‘‘Under Secretary’’ each place it each place it appears and inserting ‘‘Admin- 1102(a)(22)’’ and inserting ‘‘section appears and inserting ‘‘Administrator of the istrator shall’’; and 101(a)(22)’’; Transportation Security Administration’’; (C) in subsection (c), by striking ‘‘Aviation (C) in subsection (f)(1), by inserting (C) in subsection (d)— Security Act, the Under Secretary for Trans- ‘‘other’’ before ‘‘provision of law’’; (i) in paragraph (1)— portation Security’’ and inserting ‘‘Aviation (D) in subsection (g)(2), by striking ‘‘With- (I) by striking ‘‘within 60 days of the date and Transportation Security Act (Public in 60 days after the date of enactment of the of enactment of this Act, or’’; and Law 107–71; 115 Stat. 597), the Administrator Aviation and Transportation Security Act, (II) by striking ‘‘thereafter’’; and of the Transportation Security Administra- the’’ and inserting ‘‘The’’; (ii) in paragraph (2), by striking ‘‘sub- tion’’; (E) by striking ‘‘(i) ACCESSIBILITY OF COM- section (d)’’ each place it appears and insert- (35) section 44944 is amended— PUTER-BASED TRAINING FACILITIES.—’’ and in- ing ‘‘paragraph (1) of this subsection’’; (A) in subsection (a)— serting ‘‘(k) ACCESSIBILITY OF COMPUTER- (D) in subsection (e)(1), by striking ‘‘FEES (i) in paragraph (1), by striking ‘‘Under BASED TRAINING FACILITIES.—’’; PAYABLE TO UNDER SECRETARY’’ in the head- Secretary of Transportation for Transpor- (F) by striking ‘‘Under Secretary’’ each ing and inserting ‘‘FEES PAYABLE TO ADMINIS- tation Security’’ and inserting ‘‘Adminis- place it appears and inserting ‘‘Adminis- TRATOR’’; and trator of the Transportation Security Ad- trator’’; and (E) in subsection (i)(4)— ministration’’; and (G) by adding at the end the following: (i) by striking subparagraphs (A) through (ii) in paragraph (4), by inserting ‘‘the Ad- ‘‘(l) DEFINITION OF ADMINISTRATOR.—In this (D); and ministrator of the Federal Aviation Admin- section, the term ‘Administrator’ means the (ii) by redesignating subparagraphs (E) istration,’’ after ‘‘consult with’’; and Administrator of the Transportation Secu- through (L) as subparagraphs (A) through (B) by striking ‘‘Under Secretary’’ each rity Administration.’’; (H), respectively; place it appears and inserting ‘‘Adminis- (27) section 44936 is amended— (32) section 44941(a) is amended by insert- trator of the Transportation Security Ad- (A) in subsection (a)— ing ‘‘the Department of Homeland Security,’’ ministration’’; (i) by striking ‘‘Under Secretary of Trans- after ‘‘Department of Transportation,’’; (36) section 44945(b) is amended by striking portation for Security’’ each place it appears (33) section 44942 is amended— ‘‘Assistant Secretary’’ each place it appears and inserting ‘‘Administrator’’; (A) in subsection (a)— and inserting ‘‘Administrator of the Trans- (ii) in paragraph (1)— (i) in paragraph (1)— portation Security Administration’’; and (I) in subparagraph (A), by striking ‘‘,,’’ (I) in the matter preceding subparagraph (37) section 44946 is amended— and inserting a comma; and (A), by striking ‘‘Within 180 days after the (A) in subsection (g)— (II) by striking subparagraph (C); and date of enactment of the Aviation and Trans- (i) by striking paragraph (2); (iii) by redesignating subparagraph (D) as portation Security Act, the Under Secretary (ii) by redesignating paragraph (1) as para- subparagraph (C); for Transportation Security may, in con- graph (2); and (B) in subsection (c)(1), by striking ‘‘Under sultation with’’ and inserting ‘‘The Adminis- (iii) by inserting before paragraph (2), as Secretary’s’’ and inserting ‘‘Administra- trator of the Transportation Security Ad- redesignated, the following: tor’s’’; ministration may, in consultation with ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- (C) by striking ‘‘Under Secretary’’ each other relevant Federal agencies and’’; and trator’ means the Administrator of the place it appears and inserting ‘‘Adminis- (II) in subparagraph (A), by striking ‘‘, Transportation Security Administration.’’; trator’’; and and’’ and inserting ‘‘; and’’; and (B) by striking ‘‘Assistant Secretary’’ each (D) by adding at the end the following: (ii) in paragraph (2), by inserting a comma place it appears and inserting ‘‘Adminis- ‘‘(f) DEFINITION OF ADMINISTRATOR.—In this after ‘‘Federal Aviation Administration’’; trator’’; section, the term ‘Administrator’ means the (B) in subsection (b)— (C) in subsection (b)(4)—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3843 (i) by striking ‘‘the Secretary receives’’ by the Administrator)’’ after ‘‘Secretary of (I) by striking ‘‘Under Secretary of Trans- and inserting ‘‘the Administrator receives’’; Transportation’’; and portation for Security with respect to secu- and (9) in section 46111— rity duties and powers designated to be car- (ii) by striking ‘‘the Secretary shall’’ and (A) in subsection (a)— ried out by the Under Secretary’’ and insert- inserting ‘‘the Administrator shall’’; and (i) by inserting ‘‘the’’ before ‘‘Federal ing ‘‘Administrator of the Transportation (D) in subsection (c)(1)(A), by striking Aviation Administration’’; Security Administration with respect to se- ‘‘Not later than 180 days after the date of en- (ii) by striking ‘‘Administrator is’’ and in- curity duties and powers designated to be actment of the Aviation Security Stake- serting ‘‘Administrator of the Federal Avia- carried out by the Administrator of the holder Participation Act of 2014, the’’ and in- tion Administration is’’; and Transportation Security Administration’’; serting ‘‘The’’. (iii) by striking ‘‘Under Secretary for Bor- (II) by striking ‘‘the Administrator of the (e) CHAPTER 451 AMENDMENTS.—Section der and Transportation Security of the De- Federal Aviation Administration with re- 45107 is amended— partment of Homeland Security’’ and insert- spect to aviation safety duties and powers (1) in subsection (a), by striking ‘‘Under ing ‘‘Administrator of the Transportation designated to be carried out by the Adminis- Secretary of Transportation for Security’’ Security Administration’’; trator’’ and inserting ‘‘or the Administrator and inserting ‘‘Administrator of the Trans- (B) in subsections (b), (c), (e), and (g), by of the Federal Aviation Administration with portation Security Administration’’; and striking ‘‘Administrator’’ each place it ap- respect to aviation safety duties and powers (2) in subsection (b), by striking ‘‘Under pears and inserting ‘‘Administrator of the designated to be carried out by the Adminis- Secretary of Transportation for Security, Federal Aviation Administration’’; trator of the Federal Aviation Administra- the Transportation Security Administra- (C) in subsection (g)(2)(A), by striking ‘‘(18 tion’’; tion,’’ and inserting ‘‘Administrator of the U.S.C. App.)’’ and inserting ‘‘(18 U.S.C. (III) by striking ‘‘Administrator shall’’ and Transportation Security Administration’’. App.))’’; and inserting ‘‘Administrator of the Federal (f) CHAPTER 461 AMENDMENTS.—Chapter 461 (D) by striking ‘‘Under Secretary’’ each Aviation Administration shall’’; and is amended— place it appears and inserting ‘‘Adminis- (IV) by striking ‘‘Administrator,’’ and in- (1) in each of sections 46101(a)(1), 46102(a), trator of the Transportation Security Ad- serting ‘‘Administrator of the Federal Avia- 46103(a), 46104(a), 46105(a), 46106, 46107(b), and ministration’’. tion Administration,’’; and 46110(a) by striking ‘‘Under Secretary of (g) CHAPTER 463 AMENDMENTS.—Chapter 463 (ii) in paragraph (1), by striking ‘‘Adminis- Transportation for Security with respect to is amended— trator’’ and inserting ‘‘Administrator of the security duties and powers designated to be (1) in section 46301— Federal Aviation Administration’’; carried out by the Under Secretary’’ and in- (A) in subsection (a)(5)— (B) in subsections (b) and (c), by striking serting ‘‘Administrator of the Transpor- (i) in subparagraph (A)(i), by striking ‘‘or ‘‘Administrator’’ each place it appears and tation Security Administration with respect chapter 451’’ and inserting ‘‘chapter 451’’; and inserting ‘‘Administrator of the Federal to security duties and powers designated to (ii) in subparagraph (D), by inserting ‘‘of Aviation Administration’’; and be carried out by the Administrator of the Transportation’’ after ‘‘Secretary’’; (C) by striking ‘‘Under Secretary’’ each Transportation Security Administration’’; (B) in subsection (d)— place it appears and inserting ‘‘Adminis- (2) in each of sections 46101, 46102(c), 46103, (i) in paragraph (2)— trator of the Transportation Security Ad- 46104, 46105, 46107, and 46110 by striking ‘‘or (I) by striking ‘‘defined by the Secretary’’ ministration’’; Administrator’’ each place it appears and in- and inserting ‘‘defined by the Secretary of (4) in section 46313— serting ‘‘or Administrator of the Federal Transportation’’; and (A) by striking ‘‘Under Secretary of Trans- Aviation Administration’’; (II) by striking ‘‘Administrator shall’’ and portation for Security with respect to secu- (3) in each of sections 46101(a)(1), 46102(a) inserting ‘‘Administrator of the Federal rity duties and powers designated to be car- 46103(a), 46104(a), 46105(a), 46106, 46107(b), and Aviation Administration shall’’; ried out by the Under Secretary’’ and insert- 46110(a) by striking ‘‘by the Administrator)’’ (ii) in paragraphs (3), (4), (5), (6), (7), and ing ‘‘Administrator of the Transportation and inserting ‘‘by the Administrator of the (8), by striking ‘‘Administrator’’ each place Security Administration with respect to se- Federal Aviation Administration)’’; it appears and inserting ‘‘Administrator of curity duties and powers designated to be (4) in each of sections 46101, 46102, 46103, the Federal Aviation Administration’’; and carried out by the Administrator of the 46104, 46105, 46107, and 46110 by striking (iii) in paragraph (8), by striking ‘‘Under Transportation Security Administration’’; ‘‘Under Secretary,’’ each place it appears and Secretary’’ and inserting ‘‘Administrator of (B) by striking ‘‘or the Administrator of inserting ‘‘Administrator of the Transpor- the Transportation Security Administra- the Federal Aviation Administration with tation Security Administration,’’; tion’’; respect to aviation safety duties and powers (5) in section 46102— (C) in subsection (e), by inserting ‘‘of designated to be carried out by the Adminis- (A) in subsection (b), by striking ‘‘the Ad- Transportation’’ after ‘‘Secretary’’; trator’’ and inserting ‘‘or the Administrator ministrator’’ each place it appears and in- (D) in subsection (g), by striking ‘‘Admin- of the Federal Aviation Administration with serting ‘‘the Administrator of the Federal istrator’’ and inserting ‘‘Administrator of respect to aviation safety duties and powers Aviation Administration’’; the Federal Aviation Administration’’; and designated to be carried out by the Adminis- (B) in subsection (c), by striking ‘‘and Ad- (E) in subsection (h)(2)— trator of the Federal Aviation Administra- (i) by striking ‘‘Under Secretary of Trans- ministrator’’ each place it appears and in- tion’’; and serting ‘‘and Administrator of the Federal portation for Security with respect to secu- (C) by striking ‘‘subpena’’ and inserting Aviation Administration’’; and rity duties and powers designated to be car- ‘‘subpoena’’; and (C) in subsection (d), by striking ‘‘the Ad- ried out by the Under Secretary’’ and insert- (5) in section 46316(a)— ministrator, or an officer or employee of the ing ‘‘Administrator of the Transportation (A) by striking ‘‘Under Secretary of Trans- Administration’’ in subsection (d) and insert- Security Administration with respect to se- portation for Security with respect to secu- ing ‘‘the Administrator of the Federal Avia- curity duties and powers designated to be rity duties and powers designated to be car- tion Administration, or an officer or em- carried out by the Administrator of the ried out by the Under Secretary’’ and insert- ployee of the Federal Aviation Administra- Transportation Security Administration’’; ing ‘‘Administrator of the Transportation tion’’; and Security Administration with respect to se- (6) in section 46104— (ii) by striking ‘‘or the Administrator with curity duties and powers designated to be (A) by striking ‘‘subpena’’ each place it ap- respect to aviation safety duties and powers carried out by the Administrator of the pears and inserting ‘‘subpoena’’; and designated to be carried out by the Adminis- Transportation Security Administration’’; (B) in subsection (b)— trator’’ and inserting ‘‘or the Administrator and (i) in the heading, by striking ‘‘SUBPENAS’’ of the Federal Aviation Administration with (B) by striking ‘‘or the Administrator of and inserting ‘‘SUBPOENAS’’; and respect to aviation safety duties and powers the Federal Aviation Administration with (ii) by striking ‘‘the Administrator, or’’ designated to be carried out by the Adminis- respect to aviation safety duties and powers and inserting ‘‘the Administrator of the Fed- trator of the Federal Aviation Administra- designated to be carried out by the Adminis- eral Aviation Administration, or’’; tion’’; trator’’ and inserting ‘‘or the Administrator (7) in section 46105(c), by striking ‘‘When (2) in section 46304(b), by striking ‘‘or the of the Federal Aviation Administration with the Administrator’’ and inserting ‘‘When the Administrator of the Federal Aviation Ad- respect to aviation safety duties and powers Administrator of the Federal Aviation Ad- ministration with respect to aviation safety designated to be carried out by the Adminis- ministration’’; duties and powers designated to be carried trator of the Federal Aviation Administra- (8) in section 46109, by inserting ‘‘(or the out by the Administrator’’ and inserting ‘‘or tion’’. Administrator of the Transportation Secu- the Administrator of the Federal Aviation rity Administration with respect to security Administration with respect to aviation (h) CHAPTER 465 AMENDMENTS.—Chapter 465 duties and powers designated to be carried safety duties and powers designated to be is amended— out by the Administrator of the Transpor- carried out by the Administrator of the Fed- (1) in section 46505(d)(2), by striking tation Security Administration or the Ad- eral Aviation Administration’’; ‘‘Under Secretary of Transportation for Se- ministrator of the Federal Aviation Admin- (3) in section 46311— curity’’ and inserting ‘‘Administrator of the istration with respect to aviation safety du- (A) in subsection (a)— Transportation Security Administration’’; ties and powers designated to be carried out (i) in the matter preceding paragraph (1)— and

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3844 CONGRESSIONAL RECORD — SENATE June 12, 2018 (2) in the table of contents for chapter 465 to amendment SA 2282 proposed by Mr. partnership used under such paragraph shall of subtitle VII, by striking the following: INHOFE (for himself and Mr. MCCAIN) to facilitate— ‘‘46503. Repealed.’’. the bill H.R. 5515, to authorize appro- (A) development and implementation of advanced manufacturing techniques and ca- (i) CHAPTER 483 REPEAL.— priations for fiscal year 2019 for mili- pabilities and the transition of existing ca- (1) IN GENERAL.—Chapter 483 is repealed. tary activities of the Department of pabilities; (2) CONFORMING AMENDMENT.—The table of Defense, for military construction, and contents for subtitle VII is amended by for defense activities of the Depart- SA 2811. Ms. DUCKWORTH submitted striking the following: ment of Energy, to prescribe military an amendment intended to be proposed ‘‘483. Aviation security funding ...... 48301’’. personnel strengths for such fiscal to amendment SA 2282 proposed by Mr. (j) AUTHORITY TO EXEMPT.— year, and for other purposes; which was INHOFE (for himself and Mr. MCCAIN) to (1) IN GENERAL.—Subchapter II of chapter ordered to lie on the table; as follows: the bill H.R. 5515, to authorize appro- 449 is amended by inserting before section 44933 the following: Beginning on page 48, strike line 10 and all priations for fiscal year 2019 for mili- that follows through page 49, line 6, and in- tary activities of the Department of ‘‘§ 44931. Authority to exempt sert the following: Defense, for military construction, and ‘‘The Secretary of Homeland Security may (1) A process for streamlined communica- for defense activities of the Depart- grant an exemption from a regulation pre- tions between the Under Secretary, the Joint ment of Energy, to prescribe military scribed in carrying out sections 44901, 44903, Chiefs of Staff, the commanders of the com- 44906, 44909(c), and 44935–44937 of this title batant commands, the science and tech- personnel strengths for such fiscal when the Secretary decides the exemption is nology executives within each military de- year, and for other purposes; which was in the public interest. partment, the science and technology com- ordered to lie on the table; as follows: ‘‘§ 44932. Administrative munity, and the manufacturing industrial At the end of subtitle I of title VIII, add ‘‘(a) GENERAL AUTHORITY.—The Secretary base, including— the following: of Homeland Security may take action the (A) a process for the commanders of the SEC. 896. DEFENSE CONTRACT AUDIT AGENCY Secretary considers necessary to carry out combatant commands and the Joint Chiefs of ANNUAL REPORT. this chapter and chapters 461, 463, and 465 of Staff to communicate their needs to the (a) REVISIONS TO REPORT ELEMENTS.—Sub- this title, including conducting investiga- science and technology community and the section (a) of section 2313a(a) of title 10, tions, prescribing regulations, standards, and manufacturing industrial base; and United States Code, is amended— procedures, and issuing orders. (B) a process for the science and tech- (1) in paragraph (1), by striking ‘‘signifi- cant’’ and all that follows through the semi- ‘‘(b) INDEMNIFICATION.—The Secretary of nology community and centers for manufac- Homeland Security may indemnify an officer turing innovation to propose technologies colon at the end, and inserting ‘‘the regu- or employee of the Transportation Security that meet the needs communicated by the latory requirements that create compliance Administration against a claim or judgment combatant commands and the Joint Chiefs of difficulties for contractors, including an arising out of an act that the Secretary de- Staff. analysis of how those regulatory require- cides was committed within the scope of the (2) Procedures for the development of tech- ments affect contractors of different sizes and industries;’’; official duties of the officer or employee.’’. nologies proposed pursuant to paragraph (2) in paragraph (2)— (2) TABLE OF CONTENTS.—The table of con- (1)(B), including— (A) by striking subparagraphs (A) through tents of chapter 449 is amended by inserting (A) a process for demonstrating perform- (E) and inserting the following: before the item relating to section 44933 the ance of the proposed technologies on a short ‘‘(A) the total number of new audit or advi- following: timeline; (B) a process for accelerating, sory engagements, by type (pre-award, in- ‘‘44931. Authority to exempt. curred cost, other post-award, and business ‘‘44932. Administrative.’’. transitioning, and integrating new manufac- turing technologies and processes; system), with time limits expiring during SEC. 2402. TABLE OF CONTENTS OF CHAPTER 449. the fiscal year that were completed or were The table of contents of chapter 449 is SA 2810. Ms. DUCKWORTH submitted awaiting completion, as compared to total amended— an amendment intended to be proposed audit and advisory engagements completed (1) in the item relating to section 44922, by to amendment SA 2282 proposed by Mr. or awaiting completion during the year; striking ‘‘Deputation’’ and inserting ‘‘Depu- ‘‘(B) on-time performance relative to time INHOFE (for himself and Mr. MCCAIN) to tization’’; and limits for each type of audit or advisory en- (2) by inserting after section 44941 the fol- the bill H.R. 5515, to authorize appro- gagement (shown separately for the Defense lowing: priations for fiscal year 2019 for mili- Contract Audit Agency and qualified private ‘‘44942. Performance goals and objectives. tary activities of the Department of auditors retained by the agency); ‘‘44943. Performance management system.’’. Defense, for military construction, and ‘‘(C) the time limit (expressed in days) for for defense activities of the Depart- each type of audit or advisory engagement, SEC. 2403. OTHER LAWS; INTELLIGENCE REFORM ment of Energy, to prescribe military along with the shortest period, longest pe- AND TERRORISM PREVENTION ACT riod, and average period of actual perform- OF 2004. personnel strengths for such fiscal ance (shown separately for the Defense Con- Section 4016(c) of the Intelligence Reform year, and for other purposes; which was tract Audit Agency and qualified private and Terrorism Prevention Act of 2004 (49 ordered to lie on the table; as follows: auditors retained by the agency); U.S.C. 44917 note) is amended— On page 57, strike lines 3 through 25 and in- ‘‘(D) for pre-award audits of contractor (1) in paragraph (1), by striking ‘‘Assistant sert the following: costs, sustained costs as a total number and Secretary for Immigration and Customs En- (2) support efforts to accelerate the inte- as a percentage of total questioned costs, forcement’’ and inserting ‘‘Administrator of gration and transition of new manufacturing where questioned costs are expressed as the the Transportation Security Administra- technologies and processes; impact on negotiable contract costs; tion’’; and (3) identify improvements to sustainment ‘‘(E) for post-award audits, the questioned (2) in paragraph (2), by striking ‘‘Assistant methods for component parts and other lo- costs accepted by the contracting officers Secretary for Immigration and Customs En- gistics needs; and contractors as a total number and as a forcement and the Director of Federal Air (4) identify and implement appropriate in- percentage of total questioned costs, where Marshal Service of the Department of Home- formation security protections to ensure se- questioned costs are expressed as the impact land Security, in coordination with the As- curity of advanced manufacturing; on reimbursable contract (shown separately sistant Secretary of Homeland Security (5) aid in the procurement of advanced for the Defense Contract Audit Agency and (Transportation Security Administration),’’ manufacturing equipment and support serv- qualified private auditors retained by the and inserting ‘‘Administrator of the Trans- ices; and agency, for services both entities perform);’’; portation Security Administration and the (6) enhance partnerships between the de- and Director of Federal Air Marshal Service of fense industrial base and Department of De- (B) in subparagraph (H)— the Department of Homeland Security’’. fense laboratories, academic institutions, (i) by inserting ‘‘post-award’’ after ‘‘dollar SEC. 2404. SAVINGS PROVISIONS. and industry. value of’’; and References relating to the Under Secretary (c) COOPERATIVE AGREEMENTS AND PART- (ii) by striking ‘‘submission’’ and inserting of Transportation for Security in statutes, NERSHIPS.— ‘‘proposal’’; Executive orders, rules, regulations, direc- (1) IN GENERAL.—The Under Secretaries (3) by redesignating paragraphs (3), (4), (5), tives, or delegations of authority that pre- may enter into a cooperative agreement and (6), and (7) as paragraphs (4), (5), (6), (7), and cede the effective date of this Act shall be use public-private and public-public partner- (9), respectively; deemed to refer, as appropriate, to the Ad- ships to facilitate development or transition (4) by inserting after paragraph (2) the fol- ministrator of the Transportation Security of advanced manufacturing techniques and lowing new paragraph: Administration. capabilities in support of the defense indus- ‘‘(3) A summary of the reasons for the dif- trial base. ference between questioned and sustained SA 2809. Ms. DUCKWORTH submitted (2) REQUIREMENTS.—A cooperative agree- costs shown in the statistical tables under an amendment intended to be proposed ment entered into under paragraph (1) and a paragraph (2).’’;

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.011 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3845 (5) in paragraph (4) (as redesignated by ‘‘(1) programs and activities related to ment of Energy, to prescribe military paragraph (3) of this subsection), by striking small business concerns (as defined in sec- personnel strengths for such fiscal ‘‘needed to improve the audit process;’’ and tion 3 of the Small Business Act (15 U.S.C. year, and for other purposes; which was inserting ‘‘needed by the Defense Contract 632)); ordered to lie on the table; as follows: Audit Agency to improve the audit process ‘‘(2) manufacturing and industrial base pol- or that would enhance compliance with regu- icy; and At the end of part I of subtitle C of title latory requirements.’’; ‘‘(3) any procurement technical assistance XVI, add the following: (6) in paragraph (7) (as redesignated by program established under chapter 142 of this SEC. ll. UNITED STATES CYBER STRATEGY. paragraph (3) of this subsection), by striking title. (a) STRATEGY REQUIRED.— ‘‘more effective use of audit resources;’’ and ‘‘(c) ENHANCED COORDINATION.—As part of (1) IN GENERAL.—Not later than one year inserting ‘‘contract compliance and profes- the small business strategy required under after the date of the enactment of this Act, sional development of the Defense Contract subsection (a), the Secretary shall ensure the President shall submit to the appro- Audit Agency workforce (shown separately that coordination is improved among De- priate congressional committees and make for collaborative outreach actions and other partment of Defense offices that shape the available to the public a comprehensive, outreach actions).’’; and industrial base or promote small business interagency national strategy for cyber- (7) by inserting after paragraph (7) (as re- use to make sure the Department has a co- space. designated by paragraph (3) of this sub- herent and comprehensive view of small (2) ELEMENTS.—The comprehensive, inter- section) the following new paragraph: business capabilities and innovations and agency national strategy required by para- ‘‘(8) A statistically representative survey how they strengthen the defense market. graph (1) shall include the following ele- of contracting officers form Department of ‘‘(d) PURPOSE OF SMALL BUSINESS PRO- ments: Defense buying commands, the Defense Con- GRAMS.—The Secretary shall ensure that (A) A government-wide and accepted glos- tract Management Agency, and small and programs and activities of the Department of sary of definitions and terms for cyberspace large business representatives from industry Defense related to small business concerns and cyber-related activities. to measure the timeliness and effectiveness are carried out so as to further national de- (B) Criteria for the types of malicious of audit and advisory services provided fense programs and priorities and the state- cyber activities, including cyber-enabled in- (shown separately for the Defense Contract ments of purpose for Department of Defense formation warfare, that the United States Audit Agency and qualified private auditors acquisition set forth in section 801 of the Na- Government will seek to deter and will re- retained by the Defense Contract Audit tional Defense Authorization Act for Fiscal spond to. Agency).’’. Year 2018 (Public Law 115–91; 131 Stat. 1449). (C) Processes, mechanisms, and authorities (b) CONFORMING AMENDMENTS.—Subsection ‘‘(e) POINTS OF ENTRY INTO DEFENSE MAR- for attribution of malicious cyber activities. (a) of such section is further amended— KET.—The Secretary shall ensure— (D) Menu of options, and criteria for use of (1) in the matter preceding paragraph (1), ‘‘(1) that opportunities for small business each, for deterrence, denial, and response to by striking ‘‘shall include, at a minimum—’’ concerns to contract with the Department of malicious cyber activities, including cyber- and inserting ‘‘shall include the following:’’; Defense are identified clearly; enabled information warfare, using the range (2) by capitalizing the first letter following ‘‘(2) that small business concerns are able of national power to conduct. the paragraph designation in each of para- to have access to program managers, con- (E) Tasks, roles, and responsibilities of the graphs (1), (2), (4), (5), (6), (7), and (9); and tracting officers, and other persons using the following entities in regards to cyberspace: (3) by striking the semicolon at the end of products or services of such concern to the (i) The Department of Homeland Security each of paragraphs (1), (2), (5), and (6) and in- extent necessary to inform such persons of for domestic cyber security concerns and de- serting a period. emerging and existing capabilities of such fense of critical infrastructure. (c) DEFINITIONS.—Subsection (d)(1) of such concerns; and (ii) The Department of Defense for mili- section is amended by striking ‘‘qualified in- ‘‘(3) that Department of Defense and de- tary cyber activities and offensive cyber op- curred cost submission’’ and inserting fense sector engagement with non-tradi- erations. ‘‘qualified private auditor’’. tional and innovative companies is promoted (iii) The Department of State for cyber di- (d) EFFECTIVE DATE.—The amendments and prioritized through expanded small busi- plomacy and promotion of United States val- made by this section shall take effect on Oc- ness engagement to such small business con- ues on fair use of cyberspace and related ac- tober 1, 2020. cerns. tivities. ‘‘(f) ENHANCED OUTREACH UNDER PROCURE- (iv) The Department of Commerce for cy- SA 2812. Ms. DUCKWORTH submitted MENT TECHNICAL ASSISTANCE PROGRAM MAR- bersecurity matters relating to industry and an amendment intended to be proposed KET.—The Secretary shall enable and pro- economic needs, including standards, re- to amendment SA 2282 proposed by Mr. mote activities to provide coordinated out- search, innovation, and competitiveness. reach to small business concerns through INHOFE (for himself and Mr. MCCAIN) to (v) The Federal Bureau of Investigation for any procurement technical assistance pro- the bill H.R. 5515, to authorize appro- law enforcement and intelligence relating to gram established under chapter 142 of this criminal behavior of persons, individuals, priations for fiscal year 2019 for mili- title to facilitate small business contracting tary activities of the Department of and States, in cyberspace. with the Department of Defense.’’. (vi) The intelligence community (as de- Defense, for military construction, and (2) CLERICAL AMENDMENT.—The table of fined in section 3 of the National Security for defense activities of the Depart- sections at the beginning of such chapter is Act of 1947 (50 U.S.C. 3003)). ment of Energy, to prescribe military amended by adding at the end the following (vii) Any other agency deemed appropriate personnel strengths for such fiscal new item: by the President to be a primary stakeholder year, and for other purposes; which was ‘‘2282. Department of Defense small business for a cyber activity or related policy. ordered to lie on the table; as follows: strategy.’’. (F) Specific tasks, roles, and responsibil- (b) IMPLEMENTATION.— ities of the above entities in regards to cy- At the end of subtitle I of title VIII, add (1) DEADLINE.—The Secretary of Defense bersecurity incidents involving critical in- the following: shall develop the small business strategy re- frastructure, cybersecurity incidents involv- SEC. 896. DEPARTMENT OF DEFENSE SMALL quired by section 2282 of title 10, United ing the .gov Internet domain, and other cy- BUSINESS PROCUREMENT STRAT- bersecurity incidents of significant con- EGY. States Code, as added by subsection (a), not later than 180 days after the date of the en- sequence. (a) STRATEGY REQUIRED.— actment of this Act. (G) A specific description of the commu- (1) IN GENERAL.—Chapter 136 of title 10, (2) NOTICE TO CONGRESS AND PUBLICATION.— nication, cooperation, and deconfliction United States Code, is amended by adding at Upon completion of the development of the mechanisms used in the interagency, espe- the end the following new section: small business strategy pursuant to para- cially in an incident response capacity. ‘‘§ 2282. Department of defense small business graph (1), the Secretary shall— (H) The specific priorities of the President procurement strategy (A) transmit the strategy to Congress; and in incident response and generalized order of ‘‘(a) IN GENERAL.—The Secretary of De- (B) publish the strategy on a public operations in the event of a cyber attack to fense shall develop and implement a small website of the Department of Defense. which the Federal Government is respond- business strategy for the Department of De- ing. fense that meets the requirements of this SA 2813. Mr. PERDUE submitted an (I) Use of, coordination with, or liaison to section and enables the Department to bet- amendment intended to be proposed to international partners, nongovernmental or- ter leverage small businesses as a means to amendment SA 2282 proposed by Mr. ganizations, or commercial entities that sup- enhance or support mission execution. INHOFE (for himself and Mr. MCCAIN) to port United States policy goals in cyber- ‘‘(b) UNIFIED MANAGEMENT STRUCTURE.—As the bill H.R. 5515, to authorize appro- space. part of the small business strategy described (J) The establishment of a permanent in subsection (a), the Secretary shall ensure priations for fiscal year 2019 for mili- interagency working group to continually that there is a unified management struc- tary activities of the Department of implement, study, and revise the cyber strat- ture within the Department for the functions Defense, for military construction, and egy for the whole of Government to meet of the Department relating to— for defense activities of the Depart- emerging threats and trends.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.009 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3846 CONGRESSIONAL RECORD — SENATE June 12, 2018 (K) Mechanisms for continuous informa- (E) significant disruption of the normal a report on the effects of rotating members tion sharing among Government agencies re- functioning of United States democratic so- of the Senior Executive Service of the De- lating to cyber-enabled information warfare, ciety or government, including attacks partment of Defense in science and tech- cyber threats, cyber attacks, cybersecurity against or incidents involving critical infra- nology fields. The report shall include inter- vulnerabilities, and cybersecurity tech- structure that could damage systems used to views with current and former members of nology. provide key services to the public or govern- such the Senior Executive Service of the De- (L) The development of a semiannual or bi- ment. partment of Defense in science and tech- ennial war game involving all Federal agen- nology and personnel managers in science cies to determine best practices for domestic SA 2814. Mr. PORTMAN submitted an and technology organizations. and global responses to cyber events. amendment intended to be proposed to (b) ELEMENTS.—The report required under (M) Research and development priorities amendment SA 2282 proposed by Mr. paragraph (1) shall include the following ele- for the Federal Government and the United ments: INHOFE (for himself and Mr. MCCAIN) to States. (1) A description and comparison of poli- (N) Cooperative enterprises with the pri- the bill H.R. 5515, to authorize appro- cies of each of the military departments and vate sector and State and local governments. priations for fiscal year 2019 for mili- the Office of the Secretary of Defense relat- (O) Such other matters as the President tary activities of the Department of ing to positions in the Senior Executive considers appropriate. Defense, for military construction, and Service in science and technology fields. (b) ASSESSMENT.—Not later than one year for defense activities of the Depart- (2) A discussion of the advantages and dis- after the date of the submission of the strat- ment of Energy, to prescribe military advantages of Senior Executive Service mo- egy required by subsection (a), and annually bility and whether the policy should be dif- after that, the President shall submit to the personnel strengths for such fiscal year, and for other purposes; which was ferent for positions in science and tech- appropriate committees of Congress an as- nology fields. sessment of the strategy, including— ordered to lie on the table; as follows: (3) Identification of positions in the Senior (1) the status of implementation of the At the end of subtitle F of title X, add the Executive Service that may have been strategy; following: misclassified as technical positions. (2) any organizational realignment nec- SEC. 1066. EXCEPTION FROM PUBLIC DISCLO- (4) An assessment of the extent to which essary for implementation of the strategy, SURE OF MANIFEST INFORMATION mobility requirements of the Senior Execu- including consolidation of responsibility and FOR THE SHIPMENT OF HOUSEHOLD tive Service are a factor in retirement or re- directive authorities under a single entity at GOODS OF MEMBERS OF THE UNI- cruitment, and whether that differs for the Federal level; FORMED FORCES AND FEDERAL EM- PLOYEES. science and technology fields from other (3) any insufficient capabilities of the enti- fields. Section 431(c)(2) of the Tariff Act of 1930 (19 ties listed in subsection (a)(2)(E); (5) Such recommendations for legislative U.S.C. 1431(c)(2)) is amended— (4) plans for corrective action for such or administrative action as the Federally (1) in subparagraph (A), by striking ‘‘or’’ at insufficiencies; funded research and development center may the end; (5) brief and results of semiannual or bien- have with respect to rotating members of the (2) in subparagraph (B), by striking the pe- nial war games prescribed in subsection Senior Executive Service of the Department riod at the end and inserting ‘‘; or’’; and (a)(2)(L); and in science and technology fields. (6) any changes to the strategy since such (3) by adding at the end the following new submission. subparagraph: SA 2816. Mr. PORTMAN (for himself (c) FORM.—The strategy and assessment re- ‘‘(C) the shipment consists of used house- and Mr. BROWN) submitted an amend- quired by this section shall each be sub- hold goods and personal effects, including mitted in unclassified form, but may include personally owned vehicles, which are items ment intended to be proposed to a classified annex. that are for residential or professional use, amendment SA 2282 proposed by Mr. (d) DEFINITIONS.—In this section: are not for commercial resale, and are owned INHOFE (for himself and Mr. MCCAIN) to (1) The term ‘‘appropriate congressional by a private individual who is— the bill H.R. 5515, to authorize appro- committees’’ means— ‘‘(i) an employee, as that term is defined in priations for fiscal year 2019 for mili- (A) the congressional defense committees; section 2105 of title 5, United States Code, tary activities of the Department of (B) the congressional intelligence commit- who is shipping the goods and effects as part Defense, for military construction, and tees (as defined in section 3 of the National of a transfer of the employee from one offi- for defense activities of the Depart- Security Act of 1947 (50 U.S.C. 3003)); cial station to another for permanent duty (C) the Committee on Foreign Relations, or the spouse or dependent, as that term is ment of Energy, to prescribe military the Committee on Homeland Security and defined in section 8901 of such title, of such personnel strengths for such fiscal Governmental Affairs, the Committee on the an employee; or year, and for other purposes; which was Judiciary, and the Committee on Commerce, ‘‘(ii) a member of a uniformed service, as ordered to lie on the table; as follows: Science, and Transportation of the Senate; that term is defined in section 101 of title 37, Strike section 893 and insert the following: and United States Code, who is shipping the SEC. 893. PERMANENT SBIR AND STTR AUTHOR- (D) the Committee on Foreign Affairs, the goods and effects as part of a permanent ITY FOR THE DEPARTMENT OF DE- Committee on Homeland Security, the Com- change of station or a dependent, as that FENSE AND PILOT PROGRAM EXTEN- mittee on Oversight and Governmental Re- term is defined in section 401 of such title, of SION. form, the Committee on the Judiciary, and such a member.’’. Section 9 of the Small Business Act (15 the Committee on Energy and Commerce of U.S.C. 638) is amended— the House of Representatives. SA 2815. Mr. PORTMAN (for himself (1) in subsection (f)— (2) The term ‘‘critical infrastructure’’ has and Mr. BROWN) submitted an amend- (A) in paragraph (2), by striking ‘‘shall the meaning given such term in section 2 of ment intended to be proposed to not’’ and all that follows through ‘‘make Executive Order 13696 of February 12, 2013 (78 amendment SA 2282 proposed by Mr. available’’ and inserting ‘‘shall not make Fed. Reg. 11739), or successor order. available’’; and (3) The term ‘‘incident’’— INHOFE (for himself and Mr. MCCAIN) to (B) by adding at the end the following: (A) means an occurrence that actually or the bill H.R. 5515, to authorize appro- ‘‘(5) ADMINISTRATIVE COSTS.—A Federal imminently jeopardizes, without lawful au- priations for fiscal year 2019 for mili- agency may use up to 3 percent of its SBIR thority an information system or the integ- tary activities of the Department of budget established pursuant to paragraph (1) rity, confidentiality, or availability of infor- Defense, for military construction, and for the purpose of funding administrative mation on an information system; and for defense activities of the Depart- costs of the program.’’; (B) includes attacks carried out with in- ment of Energy, to prescribe military (2) in subsection (m), by inserting ‘‘, except tent, occurrences that were the result of at- personnel strengths for such fiscal with respect to the Department of Defense’’ tacks, and occurrences with the effect of at- after ‘‘September 30, 2022’’; tacks. year, and for other purposes; which was (3) in subsection (n)— (4) The term ‘‘of significant consequence’’, ordered to lie on the table; as follows: (A) in paragraph (1)(A)— with respect to an incident, means the inci- At the end of subtitle A of title XI, add the (i) by inserting ‘‘(or, with respect to the dent that occurred caused— following: Department of Defense, any fiscal year)’’ (A) casualties among United States per- SEC. lll. REPORT ON SENIOR EXECUTIVE after ‘‘2022’’; and sons or persons of allies of the United States; SERVICE MOBILITY IN SCIENCE AND (ii) by inserting ‘‘(or, with respect to the (B) significant damage to private or public TECHNOLOGY FIELDS. Department of Defense, for any fiscal year)’’ property; (a) REPORT REQUIRED.—The Secretary of after ‘‘for that fiscal year’’; (C) significant economic disruption; Defense shall enter into an agreement with a (B) in paragraph (2), by striking ‘‘shall (D) an effect, whether individually or in Federally funded research and development not’’ and all that follows through ‘‘make aggregate, comparable to that of an armed center to submit to the congressional de- available’’ and inserting ‘‘shall not make attack or one that imperils a vital national fense committees, not later than one year available’’; and security interest of the United States; or after the date of the enactment of this Act, (C) by adding at the end the following:

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‘‘(4) ADMINISTRATIVE COSTS.—A Federal (1) because a majority of military con- the toxicological profile prepared by the agency may use up to 3 percent of its SBIR nected students attend public schools, Con- Agency for Toxic Substances and Disease budget established pursuant to paragraph (1) gress should reaffirm its commitment to pro- Registry of the Department pursuant to sec- for the purpose of funding administrative viding all military connected students with tion 104(i)(2) of the Comprehensive Environ- costs of the program.’’; and high-quality local public education; mental Response, Compensation, and Liabil- (4) in subsection (cc), by striking ‘‘During (2) Congress should reaffirm its commit- ity Act of 1980 (42 U.S.C. 9604(i)(2)) regarding fiscal years’’ and all that follows through ment to maintaining the structure of the the health effects of exposure to the fol- ‘‘may each provide’’ and inserting ‘‘During Federal impact aid program under title VII lowing per- and polyfluoroalkyl substances: fiscal years 2018 through 2022, each Federal of the Elementary and Secondary Education (1) Perfluorooctanoic acid. agency participating in the SBIR program Act of 1965 (20 U.S.C. 7701 et seq.), as in effect (2) Perfluorooctane sulfonic acid. may provide’’. on the day before the date of enactment of (3) Perfluorononanoic acid. this Act; and (4) Perfluorohexane sulfonic acid. SA 2817. Mr. HEINRICH submitted an (3) Congress should reaffirm that the im- (b) REPORT.—Not later than seven days amendment intended to be proposed to pact aid funding authorized under section 561 after the date of the enactment of this Act, the Secretary of Health and Human Services amendment SA 2282 proposed by Mr. and section 562 is critical to ensuring public local educational agencies, whose tax base shall submit to Congress a report identifying INHOFE (for himself and Mr. MCCAIN) to has been impacted by the Federal Govern- any changes made after January 30, 2018, to the bill H.R. 5515, to authorize appro- ment and who educate concentrations of the toxicology profiles of per- and priations for fiscal year 2019 for mili- military connected students, have adequate polyfluoroalkyl substances specified in sub- tary activities of the Department of resources to educate federally connected stu- section (a). Defense, for military construction, and dents. Mr. MENENDEZ submitted for defense activities of the Depart- SA 2820. an amendment intended to be proposed ment of Energy, to prescribe military SA 2818. Mr. TESTER submitted an to amendment SA 2282 proposed by Mr. personnel strengths for such fiscal amendment intended to be proposed to INHOFE (for himself and Mr. MCCAIN) to year, and for other purposes; which was amendment SA 2282 proposed by Mr. the bill H.R. 5515, to authorize appro- ordered to lie on the table; as follows: INHOFE (for himself and Mr. MCCAIN) to the bill H.R. 5515, to authorize appro- priations for fiscal year 2019 for mili- At the end of part I of subtitle F of title V, tary activities of the Department of add the following: priations for fiscal year 2019 for mili- tary activities of the Department of Defense, for military construction, and SEC. 564. SENSE OF THE SENATE. for defense activities of the Depart- (a) FINDINGS.—The Senate finds the fol- Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military lowing: personnel strengths for such fiscal (1) The program of Federal impact aid was ment of Energy, to prescribe military created by Congress in 1950 to provide local personnel strengths for such fiscal year, and for other purposes; which was educational agencies with direct and flexible year, and for other purposes; which was ordered to lie on the table; as follows: funding meant to replace property tax rev- ordered to lie on the table; as follows: In section 3117(a)(2), strike subparagraph enue lost due to the presence of tax-exempt (B). At the end of subtitle E of title V, add the Federal property, and since that time, im- following: pact aid funding has given local public SA 2821. Mr. WICKER (for himself schools the ability to provide quality public SEC. 558. IMPROVEMENT OF AUTHORITY ON LAN- and Mr. NELSON) submitted an amend- GUAGE TRAINING CENTERS FOR ment intended to be proposed by him education to military connected students. MEMBERS OF THE ARMED FORCES (2) More than 1,200 local educational agen- AND CIVILIAN EMPLOYEES OF THE to the bill H.R. 5515, to authorize ap- cies receive funding through the impact aid DEPARTMENT OF DEFENSE. propriations for fiscal year 2019 for program under title VII of the Elementary (a) REQUIREMENT FOR PROGRAM.— military activities of the Department and Secondary Education Act of 1965 (20 (1) IN GENERAL.—Subsection (a) of section of Defense, for military construction, U.S.C. 7701 et seq.) (referred to in this sec- 529 of the National Defense Authorization tion as ‘‘impact aid’’). and for defense activities of the De- Act for Fiscal Year 2010 (10 U.S.C. 2001 note partment of Energy, to prescribe mili- (3) Impact aid funding is used as a tax re- prec.) is amended by striking ‘‘may carry placement program that supports all stu- out’’ and inserting ‘‘shall carry out’’. tary personnel strengths for such fiscal dents in the school district due to the pres- (2) CONFORMING AMENDMENTS.—Such sec- year, and for other purposes; which was ence of Federal tax-exempt land, such as tion is further amended by striking ‘‘author- ordered to lie on the table; as follows: military installations, Native American res- ized by subsection (a)’’ each place it appears At the appropriate place, insert the fol- ervations, or national parks. and inserting ‘‘required by subsection (a)’’. lowing: (4) Congress designed impact aid funds to (b) FUNDING.—From amounts authorized to SEC. llll. PORT AND INTERMODAL IMPROVE- be intentionally flexible, and local edu- be appropriated for fiscal year 2019 for the MENT PROGRAM. cational agencies can use these funds to pur- Defense Language and National Security (a) PORT AND INTERMODAL IMPROVEMENT chase classroom equipment, fund after- Education Office, amounts shall be available PROGRAM.—Section 50302 of title 46, United school programs and advanced placement to support Language Training Centers. States Code, is amended by striking sub- classes, and provide additional resources for section (c) and inserting the following: special education. SA 2819. Mr. UDALL (for himself, ‘‘(c) PORT AND INTERMODAL IMPROVEMENT (5) Turning impact aid into a voucher pro- Mrs. SHAHEEN, Mr. PORTMAN, Mr. PROGRAM.— gram would take away critical funding from BROWN, and Mr. MANCHIN) submitted an ‘‘(1) GENERAL AUTHORITY.—Subject to the public local educational agencies serving the amendment intended to be proposed to availability of appropriations and the provi- majority of military connected students. sions of this subsection, the Secretary of (6) Using the impact aid program as a fund- amendment SA 2282 proposed by Mr. Transportation shall make grants, on a com- ing source to support misguided school pri- INHOFE (for himself and Mr. MCCAIN) to petitive basis, under this subsection to eligi- vatization policies will do nothing to in- the bill H.R. 5515, to authorize appro- ble applicants to assist in funding eligible crease the education quality for the vast ma- priations for fiscal year 2019 for mili- projects for the purpose of improving the jority of students at schools that receive tary activities of the Department of safety, efficiency, or reliability of the move- funding under the impact aid program (re- Defense, for military construction, and ment of goods through ports and intermodal ferred to in this section as ‘‘federally im- for defense activities of the Depart- connections to ports. pacted schools’’). ment of Energy, to prescribe military ‘‘(2) ELIGIBLE APPLICANT.—The Secretary (7) Reducing impact aid funding for public may make a grant under this subsection to schools places a great financial burden on personnel strengths for such fiscal the following: the local community of federally impacted year, and for other purposes; which was ‘‘(A) A State. schools, and this is particularly unfair to ordered to lie on the table; as follows: ‘‘(B) A political subdivision of a State or these communities, as residents in many fed- At the end of subtitle F of title X, add the local government. erally impacted school districts pay higher- following: ‘‘(C) A public agency or publicly chartered than-average taxes because of the lack of SEC. 1066. PUBLICATION OF TOXICOLOGICAL authority established by 1 or more States. taxable property or taxpayers in their com- PROFILE FOR CERTAIN PER- AND ‘‘(D) A special purpose district with a munities. POLYFLUOROALKYL SUBSTANCES. transportation function. (8) School vouchers undermine public (a) IN GENERAL.—Not later than seven days ‘‘(E) A multistate or multijurisdictional school systems, lack accountability, and fail after the date of the enactment of this Act, group of entities described in this sub- to ensure that the civil rights of students are the Secretary of Health and Human Services section. fully protected. shall publish in the Federal Register and on ‘‘(F) A lead entity described in subpara- (b) SENSE OF THE SENATE.—It is the sense an Internet website of the Department of graph (A), (B), (C), (D), or (E) jointly with a of the Senate that— Health and Human Services the results of private entity or group of private entities.

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‘‘(3) ELIGIBLE PROJECTS.—The Secretary ‘‘(i) give preference to projects for which ‘‘(11) GRANT CONDITIONS.—The Secretary may make a grant under this subsection— the Federal share under paragraph (8)(B) shall require as a condition of making a ‘‘(A) for a project that— does not exceed 50 percent; and grant under this subsection that a grantee— ‘‘(i) is either— ‘‘(ii) after factoring in preference to ‘‘(A) maintain such records as the Sec- ‘‘(I) within the boundary of a port; or projects under clause (i), select projects that retary considers necessary; ‘‘(II) outside the boundary of a port, but is will maximize the net benefits of the funds ‘‘(B) make the records described in sub- directly related to port operations or to an awarded under this subsection, considering paragraph (A) available for review and audit intermodal connection to a port; and the cost-benefit analysis of the project, as by the Secretary; and ‘‘(ii) will be used to improve the safety, ef- applicable, including anticipated private and ‘‘(C) periodically report to the Secretary ficiency, or reliability of— public benefits relative to the costs of the such information as the Secretary considers ‘‘(I) the loading and unloading of goods at project. necessary to assess progress. ‘‘(12) CONGRESSIONAL APPROVAL.— the port, such as for marine terminal equip- ‘‘(C) SMALL PROJECTS.—The Secretary may ‘‘(A) SUBMISSION TO CONGRESS.—Before ment; waive the cost-benefit analysis under sub- making a grant for a project under this sub- ‘‘(II) the movement of goods into, out of, paragraph (A)(ii), and establish a simplified, section, the Secretary shall, not later than around, or within a port, such as for highway alternative basis for determining whether a 150 days after the date that amounts are or rail infrastructure, intermodal facilities, project is cost-effective, for a small project made available for grants under this sub- freight intelligent transportation systems, described in paragraph (7)(B). section for a fiscal year, submit to the appro- and digital infrastructure systems; or ‘‘(7) ALLOCATION OF FUNDS.— priate committees of Congress a report, in- ‘‘(III) the movement of vessels in and out ‘‘(A) GEOGRAPHIC DISTRIBUTION.—Not more cluding— of the port facility by dredging a vessel than 25 percent of the amounts made avail- ‘‘(i) a list of each eligible project selected berthing area that is not part of a Federal able for grants under this subsection for a by the Secretary under this subsection for a channel or an access channel associated with fiscal year may be used to make grants for grant that fiscal year, including the rec- a Federal channel; or projects in any 1 State. ommended funding level for each such ‘‘(B) to provide financial assistance to 1 or ‘‘(B) SMALL PROJECTS.—The Secretary shall project; and more projects under subparagraph (A) for de- reserve 25 percent of the amounts made ‘‘(ii) an evaluation and justification for velopment phase activities, including plan- available for grants under this subsection each such project. ning, feasibility analysis, revenue fore- each fiscal year to make grants for eligible ‘‘(B) COMMITTEE REVIEW.—Not later than 60 casting, environmental review, permitting, projects described in paragraph (3)(A) that days after the date the report is submitted and preliminary engineering and design request the lesser of— under subparagraph (A), the appropriate work. ‘‘(i) 10 percent of the amounts made avail- committees of Congress shall— ‘‘(4) PROHIBITED USES.—A grant award able for grants under this subsection for a ‘‘(i) for each eligible project described in under this subsection may not be used— fiscal year; or clause (i) of that subparagraph, approve or ‘‘(A) to finance or refinance the construc- ‘‘(ii) $1,000,000. disapprove of the recommended funding level tion, reconstruction, reconditioning, or pur- ‘‘(C) DREDGING PROJECTS.—Not more than for the project; and chase of a vessel that is eligible for such as- 25 percent of the amounts made available for ‘‘(ii) report an original joint resolution ap- sistance under chapter 537, unless the Sec- grants under this subsection for a fiscal year proving or disapproving each eligible project retary determines such vessel— may be used to make grants for projects de- described in clause (i) of that subparagraph. ‘‘(i) is necessary for a project described in scribed in paragraph (3)(A)(ii)(III). ‘‘(C) APPROVAL.—The Secretary may not paragraph (3)(A)(ii)(III) of this subsection; ‘‘(D) DEVELOPMENT PHASE ACTIVITIES.—Not make a grant or any other obligation or and more than 10 percent of the amounts made commitment to fund a project under this ‘‘(ii) is not receiving assistance under available for grants under this subsection for subsection unless— chapter 537; or a fiscal year may be used to make grants for ‘‘(i) the project is included on the list ‘‘(B) for any project within a small ship- development phase activities under para- under subparagraph (A)(i); and yard (as defined in section 54101). graph (3)(B). ‘‘(ii)(I) not later than 90 days after the date ‘‘(5) APPLICATIONS AND PROCESS.— ‘‘(8) FEDERAL SHARE OF TOTAL PROJECT the report is submitted under subparagraph ‘‘(A) APPLICATIONS.— COSTS.— (A), a joint resolution described in subpara- ‘‘(i) IN GENERAL.—Subject to clause (ii), to ‘‘(A) TOTAL PROJECT COSTS.—The Secretary graph (B) is enacted that approves the rec- be eligible for a grant under this subsection, shall estimate the total costs of a project ommended funding level for the project; or an eligible applicant shall submit to the Sec- under this subsection based on the best ‘‘(II) a joint resolution described in sub- retary an application in such form, at such available information, including any avail- paragraph (B) is not enacted before the dead- line under subclause (I). time, and containing such information as the able engineering studies, studies of economic ‘‘(D) TIMING.—Not later than 30 days after Secretary considers appropriate. feasibility, environmental analyses, and in- the date of— ‘‘(ii) INCLUSIONS.—An application under formation on the expected use of equipment ‘‘(i) enactment of a joint resolution under this subparagraph shall include— or facilities. subparagraph (C)(ii)(I), the Secretary may ‘‘(I) applicant contact information; ‘‘(B) FEDERAL SHARE.— make a grant to each approved project as ‘‘(II) project location; ‘‘(i) IN GENERAL.—Except as provided in provided in the joint resolution; or ‘‘(III) project description; and clauses (ii) and (iii), the Federal share of the ‘‘(ii) the deadline under subparagraph ‘‘(IV) such other information as is nec- total costs of a project under this subsection (C)(ii)(I), if a joint resolution is not enacted essary to select a project in accordance with shall not exceed 80 percent. before such deadline, the Secretary may this subsection. ‘‘(ii) DREDGING PROJECTS.—The Federal make a grant to a project on the list under ‘‘(B) SOLICITATION PROCESS.—Not later than share of the total costs of a project described subparagraph (A)(i). 30 days after the date that amounts are made in paragraph (3)(A)(ii)(III) shall not exceed 50 ‘‘(E) DISAPPROVED GRANT AWARD.—If an eli- available for grants under this subsection for percent. gible project described in subparagraph (A)(i) a fiscal year, the Secretary shall solicit ‘‘(iii) RURAL AREAS.—The Secretary may is disapproved under this paragraph— grant applications for eligible projects in ac- increase the Federal share of costs above 80 ‘‘(i) the recommended funding shall remain cordance with this subsection. percent for a project located in a rural area. available to the Secretary for use for grants ‘‘(6) PROJECT SELECTION CRITERIA.— ‘‘(9) TIFIA PROGRAM.—At the request of an under this subsection in a subsequent fiscal ‘‘(A) IN GENERAL.—The Secretary may se- eligible applicant under this subsection, the year; and lect a project described in paragraph (3) for Secretary may use amounts available under ‘‘(ii) the Secretary may not make a grant funding under this subsection if the Sec- this subsection to pay the subsidy and ad- to that project in the subsequent 4 fiscal retary determines that— ministrative costs of a project eligible for years unless the application for the project ‘‘(i) the project improves the safety, effi- Federal credit assistance under chapter 6 of is substantially modified. ciency, or reliability of the movement of title 23 if the Secretary finds that such use ‘‘(13) LIMITATION ON STATUTORY CONSTRUC- goods through a port or intermodal connec- of funds would advance the purpose of this TION.—Nothing in this subsection may be tion to a port; subsection. construed to affect existing authorities to ‘‘(ii) the project is cost-effective; ‘‘(10) PROCEDURAL SAFEGUARDS.—The Sec- conduct port infrastructure programs in— ‘‘(iii) the eligible applicant has authority retary shall issue guidelines to establish ap- ‘‘(A) Hawaii, as authorized by section 9008 to carry out the project; propriate accounting, reporting, and review of the SAFETEA-LU Act (Public Law 109–59; ‘‘(iv) the eligible applicant has sufficient procedures to ensure that— 119 Stat. 1926); funding available to meet the matching re- ‘‘(A) grant funds are used for the purposes ‘‘(B) Alaska, as authorized by section 10205 quirements under paragraph (8); and for which they were made available; of the SAFETEA-LU Act (Public Law 109–59; ‘‘(v) the project will be completed without ‘‘(B) each grantee properly accounts for all 119 Stat. 1934); or unreasonable delay. expenditures of grant funds; and ‘‘(C) Guam, as authorized by section 3512 of ‘‘(B) PREFERENCE.—In selecting projects ‘‘(C) grant funds not used for such purposes the Duncan Hunter National Defense Au- described in paragraph (3) for funding under and amounts not obligated or expended are thorization Act for Fiscal Year 2009 (48 this subsection, the Secretary shall— returned. U.S.C. 1421r).

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.031 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3849 ‘‘(14) REPORTS.—The Secretary shall make year, and for other purposes; which was amendment SA 2282 proposed by Mr. available on the website of the Department ordered to lie on the table; as follows: INHOFE (for himself and Mr. MCCAIN) to of Transportation at the end of each fiscal At the end of subtitle C of title II, add the the bill H.R. 5515, to authorize appro- year an annual report that lists each project following: priations for fiscal year 2019 for mili- for which a grant has been provided under lll tary activities of the Department of this subsection during that fiscal year. SEC. . INCREASED FUNDING FOR AMPHIB- IOUS ASSAULT VEHICLE. ‘‘(15) AUTHORIZATION OF APPROPRIATIONS.— Defense, for military construction, and (a) INCREASED FUNDING.—The amount au- ‘‘(A) IN GENERAL.—There is authorized to for defense activities of the Depart- thorized to be appropriated for fiscal year be appropriated to carry out this subsection ment of Energy, to prescribe military 2019 by section 201 and available for research, $5,000,000 for each of fiscal years 2019 through personnel strengths for such fiscal development, test, and evaluation for the 2022. Amphibious Assault Vehicle (PE 0206629M/ year, and for other purposes; which was ‘‘(B) ADMINISTRATIVE AND OVERSIGHT line 241), as specified in the funding table in ordered to lie on the table; as follows: COSTS.—The Secretary may retain not more section 4201 is hereby increased by $22,637,000. At the end of title X, add the following: than 1 percent of the amounts appropriated (b) OFFSETS.— Subtitle G—Internet of Things Cybersecurity for each fiscal year under this subsection for (1) TACTICAL DATA NETWORKS ENTERPRISE.— Improvement Act the administrative and oversight costs in- The amount authorized to be appropriated SEC. 1071. SHORT TITLE. curred by the Secretary to carry out this for fiscal year 2019 by section 201 and avail- subsection. This subtitle may be cited as the ‘‘Internet able for research, development, test, and of Things (IoT) Cybersecurity Improvement ‘‘(C) AVAILABILITY.— evaluation for Air Force System Develop- Act of 2018’’. ‘‘(i) IN GENERAL.—Amounts appropriated ment and Demonstration (PE 0604281F/line for carrying out this subsection shall remain SEC. 1072. DEFINITIONS; RULE OF CONSTRUC- 75) for Tactical Data Networks Enterprise, as TION. available until expended. specified in the funding table in section 4201 (a) DEFINITIONS.—In this subtitle: ‘‘(ii) UNEXPENDED FUNDS.—Amounts award- is hereby decreased by $5,000,000. (1) COVERED DEVICE.— ed as a grant under this subsection that are (2) EVOLVED SBIRS.—The amount author- (A) IN GENERAL.—Subject to subparagraph not expended by the grantee during the 4- ized to be appropriated for fiscal year 2019 by (B), the term ‘‘covered device’’— year period following the date of the award section 201 and available for research, devel- (i) means a physical object that— shall remain available to the Secretary for opment, test, and evaluation for Air Force (I) is capable of connecting to and is in reg- use for grants under this subsection in a sub- System Development and Demonstration ular connection with the Internet or internal sequent fiscal year. (PE 1206442F/line 129) for Evolved SBIRS, as networks of the Department that are con- ‘‘(16) DEFINITIONS.—In this subsection: specified in the funding table in section 4201 nected to the Internet; and ‘‘(A) APPROPRIATE COMMITTEES OF CON- is hereby decreased by $5,000,000. (II) has computer processing capabilities GRESS.—The term ‘appropriate committees (3) NATIONAL SECURITY INNOVATION ACTIVI- that can collect, send, or receive data; and of Congress’ means— TIES.—The amount authorized to be appro- (ii) does not include advanced or general- ‘‘(i) the Committee on Commerce, Science, priated for fiscal year 2019 by section 201 and purpose computing devices, including per- and Transportation of the Senate; and available for research, development, test, sonal computing systems, smart mobile com- ‘‘(ii) the Committee on Transportation and and evaluation for Defense Wide Basic Re- munications devices, programmable logic Infrastructure of the House of Representa- search (PE 8888/line 300) for National Secu- controls, mainframe computing systems, and tives. rity Innovation Activities, as specified in the motor vehicles. ‘‘(B) PORT.—The term ‘port’ includes— funding table in section 4201 is hereby de- (B) MODIFICATION OF DEFINITION.— ‘‘(i) a sea port; and creased by $10,000,000. (i) IN GENERAL.—The Secretary may mod- ‘‘(ii) an inland port. (4) UNDERSEA WARFARE APPLIED RE- ify the definition of the term ‘‘covered de- ‘‘(C) PROJECT.—The term ‘project’ includes SEARCH.—The amount authorized to be ap- vice’’ in order to expand or narrow the defi- construction, reconstruction, rehabilitation, propriated for fiscal year 2019 by section 201 nition. acquisition of property, including land re- and available for research, development, (ii) INTERESTED PARTIES.—The Secretary lated to the project and improvements to the test, and evaluation for Navy Basic Research shall establish a process by which— land, equipment acquisition, and operational (PE 0602747N/line 12) for National Security (I) interested parties may petition the In- improvements.’’. Innovation Activities, as specified in the tegrating Official described in section 1625 (b) SAVINGS CLAUSE.—A repeal made by funding table in section 4201 is hereby de- for a device that is not described in subpara- subsection (a) of this section shall not affect creased by $2,637,000. graph (A)(ii) to be considered a device that is amounts apportioned or allocated before the not a covered device; and effective date of the repeal. Such appor- SA 2824. Mr. RUBIO submitted an (II) the Secretary, acting through the Inte- tioned or allocated funds shall continue to be grating Official, acts upon any petition sub- subject to the requirements to which the amendment intended to be proposed to amendment SA 2282 proposed by Mr. mitted under subclause (I) in a timely man- funds were subject under section 50302(c) of ner. title 46, United States Code, as in effect on INHOFE (for himself and Mr. MCCAIN) to (2) DEPARTMENT.—The term ‘‘Department’’ the day before the date of enactment of this the bill H.R. 5515, to authorize appro- means the Department of Defense. Act. priations for fiscal year 2019 for mili- (3) FIRMWARE.—The term ‘‘firmware’’ tary activities of the Department of SA 2822. Mr. SCOTT (for himself and means a computer program and the data Defense, for military construction, and stored in hardware, typically in read-only Mr. GRAHAM) submitted an amendment memory (ROM) or programmable read-only intended to be proposed to amendment for defense activities of the Depart- ment of Energy, to prescribe military memory (PROM), such that the program and SA 2282 proposed by Mr. INHOFE (for personnel strengths for such fiscal data cannot be dynamically written or modi- himself and Mr. MCCAIN) to the bill year, and for other purposes; which was fied during execution of the program. H.R. 5515, to authorize appropriations (4) FIXED OR HARD-CODED CREDENTIAL.—The for fiscal year 2019 for military activi- ordered to lie on the table; as follows: term ‘‘fixed or hard-coded credential’’ means ties of the Department of Defense, for At the end of subtitle E of title XII, add a value, such as a password, token, cryp- military construction, and for defense the following: tographic key, or other data element used as activities of the Department of Energy, SEC. 12ll. SENSE OF CONGRESS ON ESTABLISH- part of an authentication mechanism for MENT OF COMBINED MARITIME to prescribe military personnel granting remote access to an information TASK FORCE PACIFIC. system or its information, that is— strengths for such fiscal year, and for It is the sense of Congress that— (A) established by a product vendor or other purposes; which was ordered to (1) not later than one year after the date of service provider; lie on the table; as follows: the enactment of this Act, the President (B) incapable of being modified or revoked Strike section 128. shall establish a task force, to be known as by the user or manufacturer lawfully oper- the Combined Maritime Task Force Pacific, ating the information system, except via a SA 2823. Mr. SCOTT submitted an to protect a free and open Indo-Pacific mari- firmware update; and amendment intended to be proposed to time region; (C) not unique to each covered device. amendment SA 2282 proposed by Mr. (2) in establishing the task force, the Presi- (5) HARDWARE.—The term ‘‘hardware’’ dent shall seek the participation of partner INHOFE (for himself and Mr. MCCAIN) to means the physical components of an infor- the bill H.R. 5515, to authorize appro- nations that are interested in goals of the mation system. task force; and (6) IOT.—The term ‘‘IoT’’ means the Inter- priations for fiscal year 2019 for mili- (3) the United States Navy shall lead the tary activities of the Department of net of Things. task force. (7) NIST.—The term ‘‘NIST’’ means the Defense, for military construction, and National Institute of Standards and Tech- for defense activities of the Depart- SA 2825. Mr. GARDNER (for himself nology. ment of Energy, to prescribe military and Mr. WARNER) submitted an amend- (8) PROPERLY AUTHENTICATED UPDATE.—The personnel strengths for such fiscal ment intended to be proposed to term ‘‘properly authenticated update’’

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.031 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3850 CONGRESSIONAL RECORD — SENATE June 12, 2018 means an update, remediation, or technical vulnerability or defect in any part of the (D) intelligent network solutions and edge fix to a hardware, firmware, or software software or firmware to be patched, based on systems, such as gateways, that can isolate, component issued by a product vendor or risk, in order to fix or remove a vulner- disable, or remediate connected devices. service provider used to correct particular ability or defect in the software or firmware (3) SPECIFICATION OF ADDITIONAL PRE- problems with the component, and that, in component in a properly authenticated and CAUTIONS.—To address the long-term risk of the case of software or firmware, contains secure manner; and non-compliant covered devices acquired in some method of authenticity protection, (F) shall require the contractor to provide accordance with an exception under this such as a digital signature, so that unauthor- the Department with general information on paragraph, the Secretary, in consultation ized updates can be automatically detected the ability of the device to be updated, such with NIST and taking into consideration and rejected. as— frameworks set forth by NIST, may stipulate (9) SECRETARY.—The term ‘‘Secretary’’ (i) the manner in which the device receives additional requirements for management means the Secretary of Defense. security updates; and use of non-compliant devices, including (10) SECURITY VULNERABILITY.—The term (ii) the business terms, including any fees deadlines for the removal, replacement, or ‘‘security vulnerability’’ means any at- for ongoing security support, under which se- disabling of non-compliant devices (or their tribute of hardware, firmware, software, curity updates will be provided for a covered Internet-connectivity), as well as minimal process, or procedure or combination of 2 or device; requirements for gateway products to ensure more of these factors that could enable or fa- (iii) the anticipated timeline for ending se- the integrity and security of the non-compli- cilitate the defeat or compromise of the con- curity support associated with the covered ant devices. fidentiality, integrity, or availability of an device; (4) EXISTING THIRD-PARTY SECURITY STAND- information system or its information or (iv) formal notification when security sup- ARD.— physical devices to which it is connected. port has ceased; and (A) IN GENERAL.—If an existing voluntary (11) SOFTWARE.—The term ‘‘software’’ (v) other information as determined nec- consensus standard for the security of cov- means a computer program and associated essary by the Secretary. ered devices provides an equivalent or great- data that may be dynamically written or (3) WAIVER.—The Secretary may establish er level of security to that described in sub- modified. a process for the Department to waive the section (a)(2)(A), the Secretary shall modify (b) RULE OF CONSTRUCTION.—Nothing in requirements described in paragraph (2)(A) the required security clauses to reflect con- this subtitle shall be construed to expand the when a component of the Department sub- formity with that voluntary consensus authority or jurisdiction of NIST. mits a written application for a waiver, if standard. SEC. 1073. CONTRACTOR RESPONSIBILITIES the process— (B) WRITTEN CERTIFICATION.—A contractor WITH RESPECT TO COVERED DE- VICE CYBERSECURITY. (A) provides for waivers to be granted only providing the covered device under this para- (a) STANDARD SECURITY CLAUSE REQUIRED in limited circumstances, including— graph shall provide self-attested written cer- IN COVERED DEVICES.— (i) if a vendor demonstrates that a device tification that the device complies with the (1) IN GENERAL.—Not later than 180 days meets a desired level of security through security requirements of the industry certifi- after the date of enactment of this Act, the means other than those required under para- cation method of the third party. Secretary, in consultation with NIST, shall graph (2)(A); or (C) ACCREDITATION STANDARDS.—The Sec- issue guidelines for the Department to re- (ii) if the purchasing component of the De- retary shall determine accreditation stand- quire the inclusion of a standard security partment reasonably believes that procure- ards for third-party certification of compli- clause in any contract, except as provided in ment of a covered device with limited data ance with voluntary consensus standards de- paragraph (2), paragraph (3), and subsection processing and software functionality would scribed in subparagraph (A). (b), for the acquisition of covered devices. be unfeasible or economically impractical; (5) EXISTING SECURITY EVALUATION STAND- (2) CONTENT OF STANDARD SECURITY and ARDS.— CLAUSE.—The standard security clause re- (B) provides that, if the Secretary approves (A) IN GENERAL.—If a component of the De- quired under paragraph (1)— a waiver, the head of the purchasing compo- partment employs or proposes to employ a (A) shall establish baseline security re- nent of the Department shall provide the security evaluation process or criteria for quirements that address aspects of device se- contractor a written statement that the De- covered devices that the component believes curity, including— partment accepts risks resulting from use of provides an equivalent or greater level of se- (i) the ability of software or firmware com- the device. curity to that described in subsection ponents to accept properly authenticated (4) ALIGNMENT WITH FISMA.—In issuing the (a)(2)(A), the component may, upon the ap- and trusted updates from the vendor; guidelines required under paragraph (1), the proval of the Secretary, employ or adopt (ii) identity and access management, in- Secretary shall ensure that such guidelines that process or criteria in lieu of the require- cluding prohibiting the use of fixed or hard- are, to the greatest extent practicable, con- ments under subsection (a)(2)(A). coded credentials used for remote adminis- sistent with, not duplicative of, and in com- (B) APPROVAL.—The Secretary shall deter- tration, the delivery of updates, or commu- pliance with any applicable established in- mine whether the process or criteria de- nication; formation security policies, procedures, scribed in subparagraph (A) provides appro- (iii) participation in a Coordinated Vulner- standards, and compliance requirements priate security and is aligned with the guide- ability Disclosure program in accordance under chapter 35 of title 44, United States lines issued under this subsection. with subsection (f); Code. (c) REQUIRED GUIDELINES.—Not later than (iv) such other aspects as the Secretary de- (b) ALTERNATE CONDITIONS TO MITIGATE CY- 180 days after the date of enactment of this termines to be appropriate; and BERSECURITY RISKS.— Act, the Secretary shall issue guidelines for (B) shall, to the maximum extent prac- (1) IN GENERAL.—Not later than 180 days the Department to limit, to the maximum ticable, reflect and align with voluntary con- after the date of the enactment of this Act, extent practicable, the use of lowest price sensus standards in effect on the date of en- the Secretary, in consultation with NIST, technically acceptable source selection cri- actment of this Act; shall establish a set of conditions that— teria in the case of a procurement that is (C) shall require vendors to provide written (A) ensure that a covered device that does predominately for the acquisition of a cov- attestation that the device meets such re- not comply with the standard security ered device. quirements as established under subpara- clause under subsection (a) can be used with (d) REPORT TO CONGRESS.—Not later than 5 graph (A); a level of security that is equivalent to the years after the date of enactment of this (D) shall, to the maximum extent prac- level of security described in subsection Act, the Secretary shall submit to Congress ticable, ensure that the requirements de- (a)(2); and a report on the effectiveness of the guide- scribed in subparagraph (A) are— (B) shall be met in order for a Department lines required to be issued under subsections (i) tailored to address the characteristics to purchase a covered device described in (a) and (c), which shall include any rec- of different types of devices, including risk subparagraph (A). ommendations for legislation necessary to and intended function; (2) REQUIREMENTS.—In defining a set of improve cybersecurity in the acquisition of (ii) based on technology-neutral, outcome- conditions that must be met for non-compli- Internet-connected devices by the Depart- based security principles; ant devices as required under paragraph (1), ment. (iii) developed through a transparent proc- the Secretary, in consultation with NIST, ess that incorporates input from relevant may consider the use of conditions and infor- (e) WAIVER AUTHORITY.—Beginning on the stakeholders in industry and academia; and mation security products such as those de- date that is 5 years after the date of enact- (iv) updated regularly based on develop- scribed in the relation to the security inte- ment of this Act, the Secretary may waive, ments in technology and security meth- gration framework established in section in whole or in part, the requirements of the odologies; 1631, including— guidelines issued under this section, for the (E) shall identify responsibilities for ensur- (A) network segmentation or micro-seg- Department. ing that a covered device software or mentation; (f) GUIDELINES REGARDING THE COORDI- firmware component is updated or replaced, (B) the adoption of system level security NATED DISCLOSURE OF SECURITY consistent with other provisions in the con- controls, including operating system con- VULNERABILITIES AND DEFECTS.— tract governing the term of support, in a tainers and microservices; (1) IN GENERAL.—Not later than 180 days manner that allows for any future security (C) multi-factor authentication; and after the date of the enactment of this Act,

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.017 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3851 the Secretary, in consultation with cyberse- SEC. 3117. AUTHORIZATION FOR DISPOSAL OF At the end of subtitle C of title XXVIII, curity researchers and private-sector indus- PROLIFERATION-ATTRACTIVE add the following: TRANSURANIC WASTE. try experts, shall issue guidelines for the De- SEC. 2823. MODIFICATION OF CONDITIONS ON partment with respect to any covered device Section 3132 of the Ronald W. Reagan Na- LAND CONVEYANCE, JOLIET ARMY in use by the Department regarding cyberse- tional Defense Authorization Act for Fiscal AMMUNITION PLANT, ILLINOIS. curity coordinated disclosure requirements Year 2005 (50 U.S.C. 2569), as amended by sec- Section 2922(c) of the Military Construc- tion 3116, is further amended— that shall be required of contractors pro- tion Authorization Act for Fiscal Year 1996 (1) in subsection (c)(1), by adding at the viding such covered devices to the Depart- (division B of Public Law 104–106; 110 Stat. end the following new subparagraph: ment. 605), as amended by section 2842 of the Mili- ‘‘(N) The disposal of proliferation-attrac- (2) CONTENTS.—The guidelines required to tary Construction Authorization Act for Fis- tive transuranic waste and related equip- be issued under paragraph (1) shall include cal Year 2000 (division B of Public Law 106– ment received by the Secretary under the policies and procedures for the processing 65; 113 Stat. 863) and section 2838 of the Mili- program at the Waste Isolation Pilot Plant, and resolving of potential vulnerability in- tary Construction Authorization Act for Fis- New Mexico, notwithstanding— formation relating to a covered device, cal Year 2015 (division B of Public Law 113– ‘‘(i) the second sentence of section 213(a) of which shall be, to the maximum extent prac- 291; 128 Stat. 3710), is amended— the Department of Energy National Security ticable, aligned with Standards 29147 and (1) by striking ‘‘(1) The conveyance’’ and and Military Applications of Nuclear Energy inserting ‘‘The conveyance’’; and 30111 of the International Standards Organi- Authorization Act of 1980 (Public Law 96–164; (2) by striking paragraph (2). zation, or any successor standard, such as— 93 Stat. 1265); or (A) procedures for a contractor providing a ‘‘(ii) section 2(19) of the Waste Isolation covered device to the Department on how SA 2829. Mr. DURBIN submitted an Pilot Plant Land Withdrawal Act (Public amendment intended to be proposed to to— Law 102–579; 106 Stat. 4779), as amended by (i) receive information about potential section 3182 of the National Defense Author- amendment SA 2282 proposed by Mr. vulnerabilities in the product or online serv- ization Act for Fiscal Year 1997 (Public Law INHOFE (for himself and Mr. MCCAIN) to ice of the contractor; and 104–201; 110 Stat. 2851).’’; and the bill H.R. 5515, to authorize appro- (ii) disseminate resolution information (2) in subsection (g), by adding at the end priations for fiscal year 2019 for mili- about vulnerabilities in the product or on- the following new paragraph: tary activities of the Department of line service of the contractor; and ‘‘(7) The term ‘transuranic waste’ has the (B) guidance, including example content, Defense, for military construction, and meaning given that term in section 2 of the for defense activities of the Depart- on the information items that should be pro- Waste Isolation Pilot Plant Withdrawal Act duced through the implementation of the (Public Law 102–579; 106 Stat. 4777), as ment of Energy, to prescribe military vulnerability disclosure process of the con- amended by section 3182 of the National De- personnel strengths for such fiscal tractor. fense Authorization Act for Fiscal Year 1997 year, and for other purposes; which was (3) REQUIREMENT.—Consistent with section (Public Law 104–201; 110 Stat. 2851).’’. ordered to lie on the table; as follows: 1626, the Secretary shall develop mechanisms At the appropriate place, insert the fol- to provide assistance to help small manufac- SA 2827. Mrs. CAPITO (for herself lowing: turers of covered devices set up coordinated and Mr. BOOZMAN) submitted an SEC. lll. INTEGRITY IN BORDER IMMIGRATION vulnerability disclosure programs under this amendment intended to be proposed to ENFORCEMENT ACT. subsection, including assistance in estab- amendment SA 2282 proposed by Mr. (a) SHORT TITLE.—This section may be lishing processes for intake, handling, and INHOFE (for himself and Mr. MCCAIN) to cited as the ‘‘Integrity in Border and Immi- remediation of security vulnerabilities. the bill H.R. 5515, to authorize appro- gration Enforcement Act’’. SEC. 1074. INVENTORY OF DEVICES. priations for fiscal year 2019 for mili- (b) DEFINITIONS.—In this section: (a) IN GENERAL.—Not later than 180 days tary activities of the Department of (1) CBP.—The term ‘‘CBP’’ means U.S. Cus- toms and Border Protection. after the date of enactment of this Act, the Defense, for military construction, and Secretary shall establish and maintain an in- (2) ICE.—The term ‘‘ICE’’ means U.S. Im- for defense activities of the Depart- migration and Customs Enforcement. ventory of covered devices used by the De- ment of Energy, to prescribe military partment procured under this subtitle. (3) LAW ENFORCEMENT POSITION.—The term personnel strengths for such fiscal ‘‘law enforcement position’’ means any CBP (b) GUIDELINES.—Not later than 90 days or ICE law enforcement position. after the date of the enactment of this Act, year, and for other purposes; which was (4) POLYGRAPH EXAMINATION.—The term the Secretary shall issue guidelines for the ordered to lie on the table; as follows: ‘‘polygraph examination’’ means the Law Department to develop and manage the in- At the end of subtitle E of title V, add the Enforcement Pre-Employment Test certified ventories required under subsection (a). following: by the National Center for Credibility As- (c) DEVICE DATABASES.— SEC. 558. PROHIBITION ON USE OF FUNDS TO DISESTABLISH SENIOR RESERVE OF- sessment. (1) IN GENERAL.—Not later than 180 days FICERS’ TRAINING CORPS PRO- (c) POLYGRAPH EXAMINATIONS FOR LAW EN- after the date of enactment of this Act, the GRAMS. FORCEMENT PERSONNEL.— Secretary shall establish and maintain a No amounts authorized to be appropriated (1) APPLICANTS.—Beginning not later than database of devices and the respective manu- by this Act may be used to— 30 days after the date of the enactment of facturers of such devices about which the (1) disestablish, or prepare to disestablish, this Act, the Secretary of Homeland Secu- Government has received formal notification a Senior Reserve Officers’ Training Corps rity— of security support ceasing, as required program in accordance with Department of (A) shall require that polygraph examina- under section 1073(a)(2)(F). Defense Instruction Number 1215.08, dated tions are conducted on all applicants for law (2) REQUIREMENT.—The Secretary shall June 26, 2006; or enforcement positions; and take actions to ensure that the database re- (2) close, downgrade from host to extension (B) may not hire any applicant for a law quired under paragraph (1) is consistent with center, or place on probation a Senior Re- enforcement position who does not pass a section 1629 to increase visibility to serve Officers’ Training Corps program in ac- polygraph examination. endpoints, such as covered devices. cordance with the information paper of the (2) TARGETED POLYGRAPH REINVESTIGA- (3) UPDATES.—The Secretary shall update Department of the Army titled ‘‘Army Sen- TIONS.—Beginning not later than 90 days the databases established under paragraph ior Reserve Officers Training Corps (SROTC) after the date of the enactment of this Act, (1) not less frequently than once every 30 Program Review and Criteria’’ and dated the Secretary of Homeland Security, as part days. January 27, 2014, or any successor informa- of each background reinvestigation, shall ad- tion paper or policy of the Department of the minister a polygraph examination to— SA 2826. Mr. KENNEDY submitted an Army. (A) every CBP law enforcement employee amendment intended to be proposed to who the Inspector General of the Depart- Mr. DURBIN submitted an amendment SA 2282 proposed by Mr. SA 2828. ment of Homeland Security determines is amendment intended to be proposed to part of a population at risk of corruption or INHOFE (for himself and Mr. MCCAIN) to amendment SA 2282 proposed by Mr. misconduct, based on an analysis of past in- the bill H.R. 5515, to authorize appro- INHOFE (for himself and Mr. MCCAIN) to cidents of misconduct and corruption; and priations for fiscal year 2019 for mili- the bill H.R. 5515, to authorize appro- (B) every ICE law enforcement employee tary activities of the Department of priations for fiscal year 2019 for mili- who the Inspector General of the Depart- Defense, for military construction, and tary activities of the Department of ment of Homeland Security determines is for defense activities of the Depart- Defense, for military construction, and part of a population at risk of corruption or ment of Energy, to prescribe military misconduct, based on an analysis of past in- for defense activities of the Depart- cidents of misconduct and corruption. personnel strengths for such fiscal ment of Energy, to prescribe military year, and for other purposes; which was (3) DELEGATION OF AUTHORITY TO DETERMINE personnel strengths for such fiscal TARGETED POLYGRAPH EXAMINATIONS.—The ordered to lie on the table; as follows: year, and for other purposes; which was Inspector General of the Department of After section 3116, add the following: ordered to lie on the table; as follows: Homeland Security may—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.017 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3852 CONGRESSIONAL RECORD — SENATE June 12, 2018 (A) delegate the authority under paragraph tary activities of the Department of ment of Energy, to prescribe military (2)(A) to the CBP Office of Professional Re- Defense, for military construction, and personnel strengths for such fiscal sponsibility; and for defense activities of the Depart- year, and for other purposes; which was (B) delegate the authority under paragraph ment of Energy, to prescribe military ordered to lie on the table; as follows: (2)(B) to the ICE Office of Professional Re- sponsibility. personnel strengths for such fiscal At the end of subtitle B of title I, add the (4) RANDOM POLYGRAPH REINVESTIGA- year, and for other purposes; which was following: TIONS.—Beginning not later than 90 days ordered to lie on the table; as follows: SEC. 112. NATIONAL GUARD AND RESERVE COM- after the date of the enactment of this Act, At the end of subtitle C of title II, add the PONENT EQUIPMENT REPORT. (a) IN GENERAL.—Section 10541(b) of title the Secretary of Homeland Security shall— following: (A) randomly administer a polygraph ex- 10, United States Code, is amended by adding SEC. lll. SENSE OF THE SENATE ON RE- at the end the following new paragraph: amination each year to at least 5 percent of SEARCH REGARDING BLAST EXPO- CBP law enforcement employees who are un- SURE ON THE CELLULAR LEVEL OF ‘‘(10) An assessment by the Secretary of dergoing background reinvestigations during THE BRAIN. the Army, in coordination with the Chief of that year and have not been selected for a It is the sense of the Senate that— the National Guard Bureau, on the efforts of targeted polygraph examination under para- (1) further research is necessary regarding the Army to address any inventory or readi- graph (2)(A); and blast exposure on the cellular level of the ness shortfalls in the Army Reserve and the (B) randomly administer a polygraph ex- brain; Army National Guard with respect to high amination each year to at least 5 percent of (2) such research is needed to develop blast priority items of equipment, including— ICE law enforcement employees who are un- protection requirements for helmets and ‘‘(A) AH–64 Attack Helicopters; dergoing background reinvestigations during other personal protective equipment; and ‘‘(B) UH–60 Black Hawk Utility Heli- that year and have not been selected for a (3) the Office of Naval Research should in- copters; targeted polygraph examination under para- crease ongoing efforts, to the maximum ex- ‘‘(C) Abrams Main Battle Tanks; graph (2)(B). tent possible, to develop a predictive trau- ‘‘(D) Bradley Infantry Fighting Vehicles; matic brain injury model for blast, in order ‘‘(E) Stryker Combat Vehicles; and SA 2830. Mr. LANKFORD submitted to better understand the cellular response to ‘‘(F) any other items of equipment as an amendment intended to be proposed blast impulses and the interaction of the agreed to by the Chief of the National Guard Bureau and the Chief of Staff of the Army.’’. to amendment SA 2282 proposed by Mr. human brain and protective equipment re- lated to blast exposure. (b) EFFECTIVE DATE.—The amendment INHOFE (for himself and Mr. MCCAIN) to made by subsection (a) shall apply with re- the bill H.R. 5515, to authorize appro- SA 2832. Mr. PORTMAN (for himself spect to reports required to be submitted priations for fiscal year 2019 for mili- and Mr. MENENDEZ) submitted an under section 10541 of title 10, United States tary activities of the Department of amendment intended to be proposed to Code, after the date of the enactment of this Act. Defense, for military construction, and amendment SA 2282 proposed by Mr. for defense activities of the Depart- INHOFE (for himself and Mr. MCCAIN) to SA 2834. Mr. GARDNER submitted an ment of Energy, to prescribe military the bill H.R. 5515, to authorize appro- amendment intended to be proposed to personnel strengths for such fiscal priations for fiscal year 2019 for mili- amendment SA 2282 proposed by Mr. year, and for other purposes; which was tary activities of the Department of INHOFE (for himself and Mr. MCCAIN) to ordered to lie on the table; as follows: Defense, for military construction, and the bill H.R. 5515, to authorize appro- At the end of subtitle I of title VIII, add for defense activities of the Depart- priations for fiscal year 2019 for mili- the following: ment of Energy, to prescribe military tary activities of the Department of SEC. 896. SENSE OF CONGRESS ON SERVICE AC- personnel strengths for such fiscal Defense, for military construction, and QUISITION REFORM. year, and for other purposes; which was It is the sense of Congress— for defense activities of the Depart- (1) that failure to expeditiously implement ordered to lie on the table; as follows: ment of Energy, to prescribe military the improvements required by section 2329 of At the end of subtitle B of title I, add the personnel strengths for such fiscal title 10, United States Code, is an oppor- following: year, and for other purposes; which was tunity cost to buying back the readiness and SEC. 112. REPORT ON CHEMICAL WARFARE ordered to lie on the table; as follows: modernizing the Department of Defense’s ca- AGENT DECONTAMINATION KIT PRO- DUCTION. At the end of section 891, add the fol- pabilities; lowing: (a) IN GENERAL.—Not later than March 31, (2) that the Department’s most recent con- (f) REPORT REQUIRED.— 2019, the Secretary of the Army shall submit tractor inventories submitted to Congress on (1) IN GENERAL.—Not later than 180 days to Congress a report examining the produc- February 25, 2018, included ‘‘approximately after the date of the enactment of this Act, tion of chemical warfare agent decontamina- 25 percent, or just under $42 billion, of the the Secretary of Defense shall submit to tion kits and the status of the organic and department’s total $160 billion-plus spend for Congress a report on any continued use of commercial production bases. contracted services’’; covered telecommunications equipment or (b) ELEMENTS.—The report required under (3) that full accountability for the approxi- services within the Department of Defense subsection (a) shall include the following ele- mately $160,000,000,000 spent annually on con- that are used as a substantial or essential ments: tract services is required for good steward- component of any system, or as a critical (1) Current and forecasted production re- ship on behalf of the taxpayer irrespective of technology as part of any system. The report quirements for M100 and M295 decontamina- whether these funds are expended through shall also include the number of instances in tion kits. prime or subcontract arrangements and irre- which, pursuant to this section, the Sec- (2) Estimated surge production capacity re- spective of the method of procurement used, retary terminates any use of or contract for quirements based upon existing inventory, whether as a commercial item or service or covered telecommunications equipment or war reserve materiel, and Defense Planning any other means; services within the Department of Defense Guidance. (4) to support full implementation of Fu- that are used as a substantial or essential (3) Cost assessment and production base ture Year Defense Program detail visibility component of any system, or as a critical impacts of production solely in organic pro- of spending on contract services to accom- technology as part of any system. duction base, solely in commercial produc- pany the budget exhibit required by section (2) FORM.—The report shall be submitted in tion base, and a mix of organic and commer- 2329 of title 10, United States Code; and unclassified form, but may include a classi- cial production. (5) to support Department of Defense ef- fied annex. forts to coordinate consistent and broad defi- (4) Recommended actions to address areas nitions of services contracts to ensure full deemed deficient or vulnerable, and a plan to SA 2835. Mr. MORAN submitted an accountability for every dollar obligated and formalize long-term resourcing. (5) Any other matters determined relevant amendment intended to be proposed to expended with the full expectation that any amendment SA 2282 proposed by Mr. future clarifications of services contract by the Secretary. INHOFE (for himself and Mr. MCCAIN) to definitions will not reduce the scope of cov- erage of the $160,000,000,000 currently spent SA 2833. Mr. YOUNG submitted an the bill H.R. 5515, to authorize appro- on contract services. amendment intended to be proposed to priations for fiscal year 2019 for mili- amendment SA 2282 proposed by Mr. tary activities of the Department of SA 2831. Mr. PORTMAN submitted an INHOFE (for himself and Mr. MCCAIN) to Defense, for military construction, and amendment intended to be proposed to the bill H.R. 5515, to authorize appro- for defense activities of the Depart- amendment SA 2282 proposed by Mr. priations for fiscal year 2019 for mili- ment of Energy, to prescribe military INHOFE (for himself and Mr. MCCAIN) to tary activities of the Department of personnel strengths for such fiscal the bill H.R. 5515, to authorize appro- Defense, for military construction, and year, and for other purposes; which was priations for fiscal year 2019 for mili- for defense activities of the Depart- ordered to lie on the table; as follows:

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.021 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3853 At the end of subtitle E of title X, add the ning on the date on which the individual pro- At the end of subtitle F of title X, add the following: vides to the educational institution a certifi- following: SEC. 1052. REPORT ON MODERNIZATION OF cate of eligibility for entitlement to edu- SEC. 1066. AUTHORITY OF PROBATION OFFICERS. LIGHT INFANTRY COMBAT FORCES. cational assistance under chapter 31 or 33 of (a) IN GENERAL.—Section 3606 of title 18, (a) REPORT REQUIRED.—Not later than this title and ending on the earlier of the fol- United States Code, is amended— March 31, 2019, the Secretary of the Army lowing dates: (1) in the heading, by striking ‘‘and return shall, in consultation with the Commandant ‘‘(i) The date on which the Secretary pro- of a probationer’’ and by inserting ‘‘author- of the Marine Corps, submit to the congres- vides payment for such course of education ity of probation officers’’; sional defense committees a report on the to such institution. (2) by striking ‘‘If there’’ and inserting ‘‘(a) strategy of the Department of Defense for ‘‘(ii) The date that is 90 days after the date If there’’; and modernizing and upgrading weapon systems, on which the educational institution cer- (3) by adding at the end the following: armor, and equipment for light infantry tifies for tuition and fees following receipt ‘‘(b) A probation officer, while in the per- combat forces. from the student such certificate of eligi- formance of his or her official duties, may (b) ELEMENTS.—The report under sub- bility. arrest a person without a warrant if there is section (a) shall include a description of the ‘‘(B) A policy that ensures that the edu- probable cause to believe that the person has following in connection with the strategy de- cational institution will not impose any pen- forcibly assaulted, resisted, opposed, im- scribed in that subsection: alty, including the assessment of late fees, peded, intimidated, or interfered with the (1) Investments to upgrade weapon systems the denial of access to classes, libraries, or probation officer, or a fellow probation offi- designed to support light infantry combat other institutional facilities, or the require- cer, in violation of section 111. The arrest au- units, including to reduce the weight of ment that a covered individual borrow addi- thority described in this subsection shall be weapons, munitions, and ammunition carried tional funds, on any covered individual be- exercised under such rules and regulations as by such forces. cause of the individual’s inability to meet the Director of the Administrative Office of (2) Initiatives to upgrade or improve equip- his or her financial obligations to the insti- the United States Courts shall prescribe.’’. (b) TABLE OF SECTIONS.—The table of sec- ment and armor technology for soldier sys- tution due to the delayed disbursement of a tions for subchapter A of chapter 229 of title payment to be provided by the Secretary tems, including to improve mobile power 18, United States Code, is amended by strik- under chapter 31 or 33 of this title. generation technologies. ing the item relating to section 3606 and in- ‘‘(2) For purposes of this subsection, a cov- (3) Initiatives to upgrade ground vehicle serting the following: platforms designed to transport light infan- ered individual is any individual who is enti- ‘‘3606. Arrest authority of probation offi- try combat forces. tled to educational assistance under chapter cers.’’. (c) STRATEGIC PLANNING.—The report under 31 or 33 of this title. subsection (a) shall include strategic plan- ‘‘(3) The Secretary may waive such re- quirements of paragraph (1) as the Secretary SA 2838. Mrs. MCCASKILL submitted ning to do the following: an amendment intended to be proposed (1) Improve the lethality of light infantry considers appropriate.’’. (b) PROMPT PAYMENTS.— combat units at the small unit level, focused to amendment SA 2282 proposed by Mr. (1) IN GENERAL.—The Secretary of Veterans on the current and potential threat environ- INHOFE (for himself and Mr. MCCAIN) to Affairs shall take such actions as may be ments as determined the Secretary. the bill H.R. 5515, to authorize appro- necessary to ensure that the Secretary (2) Invest in research, development, and priations for fiscal year 2019 for mili- makes a payment to an educational institu- prototyping of technologies designed to re- tary activities of the Department of tion on behalf of an individual, who is enti- duce the amount of time close combat infan- tled to educational assistance under chapter Defense, for military construction, and try forces spend on non-combat related tasks 31 or 33 of title 38, United States Code, and for defense activities of the Depart- while in a combat zone, including invest- who is using such assistance to pursue a pro- ment of Energy, to prescribe military ments in technologies that aid units in re- gram of education at the educational institu- personnel strengths for such fiscal ducing the time and personnel required to tion, not later than 60 days after the date on year, and for other purposes; which was construct defensive positions. which the educational institution certifies to (d) UNCLASSIFIED FORM.—The report under ordered to lie on the table; as follows: the Secretary the applicable tuition and fees subsection (a) shall be submitted in unclassi- At the end of subtitle C of title VI, add the for the individual. fied form. following: (2) SEMIANNUAL REPORTS.—Not later than SEC. 622. ELECTION OF SUPERSEDING BENE- SA 2836. Ms. WARREN (for herself May 1 and October 1 of each year, the Sec- FICIARY IN THE SURVIVOR BENEFIT retary shall submit to the Committee on PLAN IN THE EVENT OF THE DEATH and Mr. BOOZMAN) submitted an Veterans’ Affairs of the Senate and the Com- OF A DEPENDENT CHILD BENE- amendment intended to be proposed to mittee on Veterans’ Affairs of the House of FICIARY. amendment SA 2282 proposed by Mr. Representatives a semiannual report sum- (a) IN GENERAL.—Section 1448(b) of title 10, INHOFE (for himself and Mr. MCCAIN) to marizing any cases in which the Secretary United States Code, is amended by adding at the bill H.R. 5515, to authorize appro- failed to make a payment described in para- the end the following new paragraph: priations for fiscal year 2019 for mili- graph (1) within the period set forth in such ‘‘(8) ELECTION OF NEW BENEFICIARY UPON paragraph and an explanation for each de- DEATH OF DEPENDENT CHILD BENEFICIARY.—If tary activities of the Department of a dependent child who is a beneficiary under Defense, for military construction, and layed disbursement of payment. (c) RULE OF CONSTRUCTION.—In a case in the Plan dies, the participant in the Plan for defense activities of the Depart- which an individual is unable to meet his or may elect a new beneficiary. The new bene- ment of Energy, to prescribe military her financial obligation to an educational in- ficiary so elected shall be a natural person personnel strengths for such fiscal stitution due to the delayed disbursement of with an insurable interest in that partici- year, and for other purposes; which was a payment to be provided by the Secretary pant who is not otherwise ineligible to be ordered to lie on the table; as follows: under chapter 31 or 33 of such title and the elected as a beneficiary under any other pro- amount of such disbursement is less than an- vision of this section at the time of election. At the end of subtitle F of title X, add the ticipated, nothing in section 3679(e) of such The election shall be made, if at all, not following: title, as added by subsection (a), shall be later than 180 days after the date of death of SEC. lll. DISAPPROVAL FOR PURPOSES OF construed to prohibit an educational institu- the dependent child.’’. EDUCATIONAL ASSISTANCE PRO- tion from requiring additional payment or (b) EFFECTIVE DATE.— GRAMS OF DEPARTMENT OF VET- imposing a fee for the amount that is the dif- (1) IN GENERAL.—The amendment made by ERANS AFFAIRS OF CERTAIN COURSES OF EDUCATION THAT DO ference between the amount of the financial subsection (a) shall take effect on the date of NOT PERMIT INDIVIDUALS TO AT- obligation and the amount of the disburse- the enactment of this Act, and shall apply TEND OR PARTICIPATE IN COURSES ment. with respect to participants in the Survivor PENDING PAYMENT. Benefit Plan for deaths of dependent child (a) IN GENERAL.—Section 3679 of title 38, SA 2837. Mr. HATCH submitted an beneficiaries in the Plan that occur on or United States Code, is amended by adding at amendment intended to be proposed to after that date. the end the following new subsection: amendment SA 2282 proposed by Mr. (2) DEATHS OF CHILDREN BEFORE ENACT- ‘‘(e)(1) Notwithstanding any other provi- INHOFE (for himself and Mr. MCCAIN) to MENT.—A participant in the Survivor Benefit sion of this chapter, beginning on August 1, the bill H.R. 5515, to authorize appro- Plan may make an election under paragraph 2018, a State approving agency, or the Sec- priations for fiscal year 2019 for mili- (8) of section 1448(b) of title 10, United States retary when acting in the role of the State tary activities of the Department of Code (as added by subsection (a)), in connec- approving agency, shall disapprove a course Defense, for military construction, and tion with the death of a dependent child ben- of education provided by an educational in- eficiary that occurred before the date of the stitution that has in effect a policy that is for defense activities of the Depart- enactment of this Act, but only if the date of inconsistent with any of the following: ment of Energy, to prescribe military death occurred on or after October 1, 2013. ‘‘(A) A policy that permits any covered in- personnel strengths for such fiscal Any such election shall be made, if at all, dividual to attend or participate in the year, and for other purposes; which was not later than 180 days after the date of the course of education during the period begin- ordered to lie on the table; as follows: enactment of this Act.

VerDate Sep 11 2014 06:51 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.018 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3854 CONGRESSIONAL RECORD — SENATE June 12, 2018 SA 2839. Mrs. MCCASKILL submitted (1) Current and forecasted production re- LEE (for himself, Mrs. FEINSTEIN, and an amendment intended to be proposed quirements for M100 and M295 decontamina- Mr. CRUZ) to the bill H.R. 5515, to au- to amendment SA 2282 proposed by Mr. tion kits. thorize appropriations for fiscal year (2) Estimated surge production capacity re- INHOFE (for himself and Mr. MCCAIN) to 2019 for military activities of the De- quirements based upon existing inventory, the bill H.R. 5515, to authorize appro- war reserve materiel, and Defense Planning partment of Defense, for military con- priations for fiscal year 2019 for mili- Guidance. struction, and for defense activities of tary activities of the Department of (3) Cost assessment and production base the Department of Energy, to prescribe Defense, for military construction, and impacts of production solely in organic pro- military personnel strengths for such for defense activities of the Depart- duction base, solely in commercial produc- fiscal year, and for other purposes; as ment of Energy, to prescribe military tion base, and a mix of organic and commer- follows: cial production. personnel strengths for such fiscal In lieu of the matter proposed to be in- (4) Recommended actions to address areas year, and for other purposes; which was serted, insert the following: deemed deficient or vulnerable, and a plan to ordered to lie on the table; as follows: (c) AUTHORIZATION BY CONGRESS.—Section formalize long-term resourcing. 4209(a)(1) of the Atomic Energy Defense Act At the end of subtitle C of title VI, add the (5) Any other matters determined relevant (50 U.S.C. 2529(a)(1)) is amended— following: by the Secretary. SEC. 622. ELECTION OF SUPERSEDING BENE- (1) by striking ‘‘the Secretary shall’’ and FICIARY IN THE SURVIVOR BENEFIT SA 2841. Mr. SCOTT submitted an inserting the following: ‘‘the Secretary— PLAN IN THE EVENT OF THE DEATH amendment intended to be proposed to ‘‘(A) shall’’; and OF A DEPENDENT CHILD BENE- (2) by striking the period at the end and in- FICIARY. amendment SA 2282 proposed by Mr. serting ‘‘; and’’; and (a) IN GENERAL.—Section 1448(b) of title 10, INHOFE (for himself and Mr. MCCAIN) to ‘‘(B) may carry out such activities only if United States Code, is amended by adding at the bill H.R. 5515, to authorize appro- amounts are authorized to be appropriated the end the following new paragraph: priations for fiscal year 2019 for mili- for such activities by an Act of Congress con- ‘‘(8) ELECTION OF NEW BENEFICIARY UPON tary activities of the Department of sistent with section 660 of the Department of DEATH OF DEPENDENT CHILD BENEFICIARY.—If Defense, for military construction, and Energy Organization Act (42 U.S.C. 7270).’’. a dependent child who is a beneficiary under for defense activities of the Depart- the Plan dies, the participant in the Plan SA 2843. Mrs. CAPITO (for herself, may elect a new beneficiary. The new bene- ment of Energy, to prescribe military Ms. WARREN, and Mr. DAINES) sub- ficiary so elected shall be a natural person personnel strengths for such fiscal with an insurable interest in that partici- year, and for other purposes; which was mitted an amendment intended to be pant who is not otherwise ineligible to be ordered to lie on the table; as follows: proposed to amendment SA 2282 pro- elected as a beneficiary under any other pro- At the end of subtitle C of title II, add the posed by Mr. INHOFE (for himself and vision of this section at the time of election. following: Mr. MCCAIN) to the bill H.R. 5515, to au- The election shall be made, if at all, not SEC. lll. INCREASED FUNDING FOR AMPHIB- thorize appropriations for fiscal year later than 180 days after the date of death of IOUS ASSAULT VEHICLE. 2019 for military activities of the De- the dependent child.’’. (a) INCREASED FUNDING.—The amount au- partment of Defense, for military con- (b) EFFECTIVE DATE.— thorized to be appropriated for fiscal year struction, and for defense activities of (1) IN GENERAL.—The amendment made by 2019 by section 201 and available for research, the Department of Energy, to prescribe subsection (a) shall take effect on the date of development, test, and evaluation for the the enactment of this Act, and shall apply Amphibious Assault Vehicle (PE 0206629M/ military personnel strengths for such with respect to participants in the Survivor line 241), as specified in the funding table in fiscal year, and for other purposes; Benefit Plan for deaths of dependent child section 4201, is hereby increased by which was ordered to lie on the table; beneficiaries in the Plan that occur on or $22,637,000. as follows: after that date. (b) OFFSETS.— Strike section 521 and insert the following: (2) DEATHS OF CHILDREN BEFORE ENACT- (1) TACTICAL DATA NETWORKS ENTERPRISE.— SEC. 521. AUTHORITY TO ADJUST EFFECTIVE MENT.—A participant in the Survivor Benefit The amount authorized to be appropriated DATE OF PROMOTION IN THE EVENT Plan may make an election under paragraph for fiscal year 2019 by section 201 and avail- OF DELAY IN EXTENDING FEDERAL (8) of section 1448(b) of title 10, United States able for research, development, test, and RECOGNITION OF PROMOTION. Code (as added by subsection (a)), in connec- evaluation for Air Force System Develop- (a) AUTHORITY TO ADJUST.— tion with the death of a dependent child ben- ment and Demonstration (PE 0604281F/line (1) IN GENERAL.—Section 14308(f) of title 10, eficiary that occurred before the date of the 75) for Tactical Data Networks Enterprise, as United States Code, is amended— enactment of this Act, but only if the date of specified in the funding table in section 4201, (A) by inserting ‘‘(1)’’ before ‘‘The effective death occurred on or after October 1, 2006. is hereby decreased by $5,000,000. date of promotion’’; and Any such election shall be made, if at all, (2) DEFENSE RESEARCH SCIENCES.—The (B) by adding at the end the following new not later than 180 days after the date of the amount authorized to be appropriated for fis- paragraph: enactment of this Act. cal year 2019 by section 201 and available for ‘‘(2) If the Secretary concerned determines research, development, test, and evaluation that there was a delay in extending Federal SA 2840. Mr. PORTMAN (for himself for Navy basic Research (PE 0601153N/line recognition in the next higher grade in the and Mr. MENENDEZ) submitted an 003) for Defense Research Sciences, as speci- Army National Guard or the Air National amendment intended to be proposed to fied in the funding table in section 4201— Guard to a reserve commissioned officer of amendment SA 2282 proposed by Mr. (A) for basic research program increase, is the Army or the Air Force, and the delay INHOFE (for himself and Mr. MCCAIN) to hereby decreased by $2,500,000; and was not attributable to the action (or inac- the bill H.R. 5515, to authorize appro- (B) for quantum information sciences, is tion) of such officer, the effective date of the priations for fiscal year 2019 for mili- hereby decreased by $2,500,000. promotion concerned under paragraph (1) tary activities of the Department of (3) NATIONAL SECURITY INNOVATION ACTIVI- may be adjusted to a date determined by the TIES.—The amount authorized to be appro- Defense, for military construction, and Secretary concerned, but not earlier than priated for fiscal year 2019 by section 201 and the effective date of the State promotion.’’. for defense activities of the Depart- available for research, development, test, (2) EFFECTIVE DATE.—The amendments ment of Energy, to prescribe military and evaluation for Defense Wide Basic Re- made by paragraph (1) shall take effect on personnel strengths for such fiscal search (PE 8888/line 300) for National Secu- the date of the enactment of this Act. year, and for other purposes; which was rity Innovation Activities, as specified in the (b) REPORTS ON PROCESSES FOR FEDERAL ordered to lie on the table; as follows: funding table in section 4201, is hereby de- RECOGNITION OF PROMOTION OF COMMISSIONED At the end of subtitle B of title I, add the creased by $10,000,000. NATIONAL GUARD OFFICERS.— following: (4) UNDERSEA WARFARE APPLIED RE- (1) REVIEW.—The Secretary of the Army SEARCH.—The amount authorized to be ap- SEC. 112. REPORT ON CHEMICAL WARFARE and the Secretary of the Air Force shall each AGENT DECONTAMINATION KIT PRO- propriated for fiscal year 2019 by section 201 undertake a comprehensive review of the DUCTION. and available for research, development, policies and procedures of the Department of (a) IN GENERAL.—Not later than March 31, test, and evaluation for Navy Basic Research the Army and the Department of the Air 2019, the Secretary of the Army shall submit (PE 0602747N/line 12) for National Security Force, as applicable, for the Federal recogni- to Congress a report examining the produc- Innovation Activities, as specified in the tion promotions of commissioned officers of tion of chemical warfare agent decontamina- funding table in section 4201, is hereby de- the Army National Guard and the Air Na- tion kits and the status of the organic and creased by $2,637,000. tional Guard, as the case may be. commercial production bases. (2) REPORTS REQUIRED.—Not later than 180 (b) ELEMENTS.—The report required under SA 2842. Mr. REED (for himself and days after the date of the enactment of this subsection (a) shall include the following ele- Ms. WARREN) proposed an amendment Act, the Secretary of the Army and the Sec- ments: to amendment SA 2366 proposed by Mr. retary of the Air Force shall each submit to

VerDate Sep 11 2014 06:51 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.033 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3855 the congressional defense committees a re- (2) in paragraph (19)(B), by striking the pe- the same entity that owned the covered cap- port, in writing, setting forth the results of riod and inserting ‘‘; and’’; and tive insurance company on the date of enact- the review required by paragraph (1). Each (3) by adding at the end the following new ment of this subsection. report shall include the following: paragraph: ‘‘(3) BENEFITS.— (A) A description of the average time be- ‘‘(20) any allowance under section 403 of ‘‘(A) IN GENERAL.—A covered captive insur- tween receipt by the military department title 37, United States Code.’’. ance company for which membership in a concerned of scrolls indicating the pro- Federal Home Loan Bank is continued or re- motion of commissioned officers in the Na- SA 2846. Ms. DUCKWORTH (for her- stored under paragraph (2) shall have the tional Guard and their publication during self, Mr. JOHNSON, Ms. BALDWIN, Mr. same benefits of membership in the Federal the five-year period ending on the date of the PETERS, Mr. RUBIO, and Mr. SCOTT) sub- Home Loan Bank as the covered captive in- enactment of this Act. mitted an amendment intended to be surance company had before January 19, 2016. (B) A description and assessment of var- proposed to amendment SA 2282 pro- ‘‘(B) APPLICATION OF REGULATION.—Section ious approaches for streamlining the process posed by Mr. INHOFE (for himself and 1263.6(e) of title 12, Code of Federal Regula- by which the military department concerned tions, or any successor thereto, shall not Mr. MCCAIN) to the bill H.R. 5515, to au- approves Federal recognition scrolls, includ- apply to a covered captive insurance com- ing through— thorize appropriations for fiscal year pany for which membership in a Federal (i) additional automation; 2019 for military activities of the De- Home Loan Bank is continued or restored (ii) reduction in required steps; or partment of Defense, for military con- under paragraph (2). (iii) delegation of authority to conduct re- struction, and for defense activities of ‘‘(C) CAPTIVES TREATED AS INSURANCE COM- quired reviews. the Department of Energy, to prescribe PANIES.—Except as otherwise specifically (C) If the Secretary concerned considers military personnel strengths for such provided for in this Act, for purposes of this any approach under subparagraph (B) fea- fiscal year, and for other purposes; Act and any regulations promulgated under sible and advisable, such recommendations which was ordered to lie on the table; this Act, a covered captive insurance com- for legislative or administration action as as follows: pany shall be treated as an insurance com- such Secretary considers appropriate to im- pany. At the end of subtitle F of title X, add the plement such approach. ‘‘(4) LIMITATION ON ADVANCES.—With re- following: (3) SCROLL DEFINED.—In this subsection, spect to a covered captive insurance com- the term ‘‘scroll’’ has the meaning given SEC. 1066. MEMBERSHIP ELIGIBILITY OF CER- pany for which membership in a Federal that term in Department of Defense Instruc- TAIN CAPTIVE INSURANCE COMPA- Home Loan Bank is continued or restored NIES. tion 1310.02. under paragraph (2) and that is not an affil- (a) IN GENERAL.—The Federal Home Loan Bank Act (12 U.S.C. 1422 et seq.) is amend- iate of a depository financial institution, the SA 2844. Mrs. CAPITO (for herself ed— Federal Home Loan Bank may not make any and Mr. MANCHIN) submitted an amend- (1) in section 4 (12 U.S.C. 1424), by adding at advances to the covered captive insurance ment intended to be proposed to the end the following: company in an amount that, in the aggre- amendment SA 2282 proposed by Mr. ‘‘(d) MEMBERSHIP ELIGIBILITY OF CERTAIN gate, is greater than 50 percent of the total assets of the covered captive insurance com- INHOFE (for himself and Mr. MCCAIN) to CAPTIVE INSURANCE COMPANIES.— ‘‘(1) DEFINITIONS.—In this subsection— pany unless the Federal Home Loan Bank the bill H.R. 5515, to authorize appro- has received from the affiliate of the covered priations for fiscal year 2019 for mili- ‘‘(A) the terms ‘affiliate’, ‘long-term’, and ‘residential mortgage loan’ have the mean- captive insurance company or the control- tary activities of the Department of ings given those terms in section 1263.1 of ling entity described in paragraph (2)(B) a Defense, for military construction, and title 12, Code of Federal Regulations, as in guarantee of payment for any outstanding for defense activities of the Depart- effect on the date of enactment of this sub- advances, which shall be in addition to any ment of Energy, to prescribe military section; and collateral otherwise required to secure the personnel strengths for such fiscal ‘‘(B) the term ‘covered captive insurance advances.’’; and year, and for other purposes; which was company’ means a captive insurance com- (2) in section 6(g) (12 U.S.C. 1426(g))— (A) in paragraph (1), by striking ‘‘para- ordered to lie on the table; as follows: pany— ‘‘(i) the primary insurance business of graph (2)’’ and inserting ‘‘paragraphs (2) and On page 32, line 11, strike ‘‘30 days’’ and in- which is, or was on January 19, 2016, the in- (3)’’; and sert ‘‘90 days’’. surance of an affiliate; (B) by adding at the end the following: On page 33, lines 3 and 4, strike ‘‘to the ‘‘(3) EXCEPTION FOR CERTAIN CAPTIVE INSUR- maximum extent practicable’’. ‘‘(ii) that was admitted to membership of a Federal Home Loan Bank before January 19, ANCE COMPANIES.—A covered captive insur- 2016; and ance company (as defined in section 4(d)(1)) SA 2845. Ms. DUCKWORTH submitted for which membership in a Federal Home an amendment intended to be proposed ‘‘(iii) that, due solely to the change in the treatment of captive insurance companies in Loan Bank is restored under section 4(d)(2)— to amendment SA 2282 proposed by Mr. the final rule of the Agency entitled ‘Mem- ‘‘(A) shall not be subject to the 5-year pe- INHOFE (for himself and Mr. MCCAIN) to bers of Federal Home Loan Banks’ (81 Fed. riod described in paragraph (1); and the bill H.R. 5515, to authorize appro- Reg. 3246 (January 20, 2016))— ‘‘(B) may acquire shares of the Federal priations for fiscal year 2019 for mili- ‘‘(I) was required to terminate membership Home Loan Bank beginning after the mem- tary activities of the Department of in the Federal Home Loan Bank; or bership is restored.’’. Defense, for military construction, and ‘‘(II) will have membership in the Federal for defense activities of the Depart- Home Loan Bank terminated. SA 2847. Mr. CARDIN submitted an ment of Energy, to prescribe military ‘‘(2) CONTINUATION OR RESTORATION OF MEM- amendment intended to be proposed to BERSHIP.—A covered captive insurance com- amendment SA 2282 proposed by Mr. personnel strengths for such fiscal pany may continue membership or have year, and for other purposes; which was INHOFE (for himself and Mr. MCCAIN) to membership restored in the same Federal the bill H.R. 5515, to authorize appro- ordered to lie on the table; as follows: Home Loan Bank described in paragraph priations for fiscal year 2019 for mili- At the end of subtitle A of title VI, add the (1)(B)(ii) if— following: ‘‘(A) the Federal Home Loan Bank deter- tary activities of the Department of SEC. 609. BASIC ALLOWANCE FOR HOUSING AND mines, including based on information sub- Defense, for military construction, and CERTAIN FEDERAL BENEFITS. mitted by the covered captive insurance for defense activities of the Depart- (a) EXCLUSION OF BASIC ALLOWANCE FOR company, that— ment of Energy, to prescribe military HOUSING.—Section 403(k) of title 37, United ‘‘(i) the affiliate insured by the covered personnel strengths for such fiscal States Code, is amended by adding at the end captive insurance company makes, owns, or year, and for other purposes; which was the following new paragraph: acquires long-term residential mortgage ordered to lie on the table; as follows: ‘‘(4) In determining eligibility to partici- loans; and pate in any Federal program issuing benefits ‘‘(ii) the covered captive insurance com- At the end of subtitle D of title XXVIII, for nutrition assistance (including the Fam- pany will comply with the membership eligi- add the following: ily Subsistence Supplemental Allowance pro- bility requirements described in subsections SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM gram under section 402a of this title), the (a), (b), and (c) of section 1263.6 of title 12, CENTER TO FORT MEADE, MARY- value of a housing allowance under this sec- Code of Federal Regulations, upon restoring LAND. tion shall be excluded from any calculation membership; and (a) MOVEMENT OR CONSOLIDATION OF JOINT of income, assets, or resources.’’. ‘‘(B) the covered captive insurance com- SPECTRUM CENTER TO FORT MEADE, MARY- (b) CONFORMING AMENDMENTS.—Section 5(d) pany continues to be owned, or upon restora- LAND.—Except as provided under subsection of the Food and Nutrition Act of 2008 (7 tion of membership is owned and continues (b), not later than September 30, 2020, the U.S.C. 2014(d)) is amended— to be owned, including direct ownership by a Secretary of Defense shall take appropriate (1) in paragraph (18), by striking ‘‘; and’’ controlling entity or indirect ownership actions to move, consolidate, or both, the of- and inserting a semicolon; through one or more holding companies, by fices of the Joint Spectrum Center to Fort

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INTERGOVERNMENTAL SUPPORT the products and the public interest is given (b) NATIONAL SECURITY WAIVER.—The Sec- AGREEMENTS FOR INSTALLATION- significant consideration; retary of Defense may waive the requirement SUPPORT SERVICES. ‘‘(B) ensures that interest rates on savings under subsection (a) upon certifying to the (a) AUTHORITY.—Notwithstanding subpara- accounts are at least 100 percent of the Fed- congressional defense committees in writing graph (A) of paragraph (2) of section 2679(a) eral Deposit Insurance Corporation’s weekly that such waiver is necessary for national se- of title 10, United States Code, in addition to national rate on nonjumbo savings accounts; curity reasons and that all force protection the agreements described in such subpara- and and cyber protection needs are being met graph and subject to subsection (b), during ‘‘(C) ensures that the total interest rates without carrying out the actions otherwise fiscal year 2019 each Secretary concerned on small-dollar loan amounts— required under such subsection. may enter into a single intergovernmental ‘‘(i) are inclusive of interest, fees, charges, (c) AUTHORIZATION.—Any facility, road, or support agreement under such section for a and ancillary products and services; and term not to exceed 20 years. infrastructure constructed or altered on a ‘‘(ii) do not exceed 101 percent of the Treas- military installation as a result of this sec- (b) LIMIT ON COST.—The cost of any agree- ment entered into under the authority of ury 1 month constant maturity rate; and tion is deemed to be authorized in accord- ‘‘(11) allow capitalization of an amount ance with section 2802 of title 10, United this section may not exceed $750,000 during any year. deemed necessary by the Postmaster General States Code. that serves the purpose of paragraphs (9) and (d) TERMINATION OF EXISTING LEASE.—Upon SA 2850. Mrs. GILLIBRAND sub- (10), through an account separate from prod- completion of the relocation of the Joint ucts not included or allowed under those Spectrum Center, all right, title, and inter- mitted an amendment intended to be proposed to amendment SA 2282 pro- paragraphs, for the purposes of carrying out est of the United States in and to the exist- those paragraphs.’’; and posed by Mr. INHOFE (for himself and ing lease for the Joint Spectrum Center shall (2) by adding at the end the following: be terminated. Mr. MCCAIN) to the bill H.R. 5515, to au- ‘‘(f) Any net profits from services provided (e) REPEAL OF OBSOLETE AUTHORITY.—Sec- thorize appropriations for fiscal year under subsection (a)(9) that are not greater tion 2887 of the Military Construction Au- 2019 for military activities of the De- than the amount of initial capitalization— thorization Act for Fiscal Year 2008 (division partment of Defense, for military con- ‘‘(1) shall be reported separately from mail B of Public Law 110–181; 122 Stat. 569) is here- struction, and for defense activities of service and delivery; by repealed. the Department of Energy, to prescribe ‘‘(2) in the case of any amount appro- SA 2848. Ms. CANTWELL (for herself military personnel strengths for such priated, shall be returned to the general fund of the Treasury not later than 9 years after and Mrs. MURRAY) submitted an fiscal year, and for other purposes; which was ordered to lie on the table; the date of enactment of this subsection; and amendment intended to be proposed by ‘‘(3) may be repaid to the offering organiza- her to the bill H.R. 5515, to authorize as follows: tion or organizations if the Postmaster Gen- appropriations for fiscal year 2019 for At the end of subtitle F of title X, add the eral determines that the services provided military activities of the Department following: under that subsection are not reduced as a of Defense, for military construction, SEC. 1066. AUTHORITY FOR THE POSTAL SERVICE result.’’. TO OFFER CERTAIN FINANCIAL (b) NO BANK CHARTER.—The United States and for defense activities of the De- SERVICES AT DEPARTMENT OF DE- Postal Service shall not— partment of Energy, to prescribe mili- FENSE FACILITIES. (1) be granted a bank charter; or tary personnel strengths for such fiscal (a) IN GENERAL.—Section 404 of title 39, United States Code, is amended— (2) become an insured depository institu- year, and for other purposes; which was tion, as defined in section 3 of the Federal ordered to lie on the table; as follows: (1) in subsection (a)— (A) in paragraph (7), by striking ‘‘and’’ at Deposit Insurance Act (12 U.S.C. 1813). At the appropriate place in title XXXI, in- the end; (c) UCC.—The United States Postal Service sert the following: (B) in paragraph (8), by striking the period shall be subject to the provisions of article 4 SEC. llll. EXTENDING THE AUTHORIZATION at the end and inserting a semicolon; and of the Uniform Commercial Code. OF THE EEOICPA OMBUDSMAN. (C) by adding at the end the following: (d) REGULATIONS.—The Postmaster Gen- Section 3686 of the Energy Employees Oc- ‘‘(9) to provide basic financial services at eral, in consultation with the Secretary of cupational Illness Compensation Program postal facilities located at installations and the Treasury, the Bureau of Consumer Fi- Act of 2000 (42 U.S.C. 7385s–15(h)) is amend- other facilities of the Department of De- nancial Protection, and the Federal banking ed— fense, including— agencies, shall promulgate regulations car- (1) in subsection (h), by striking ‘‘October ‘‘(A) low-cost, small-dollar loans, not to rying out this section and the amendments 28, 2019’’ and inserting ‘‘October 28, 2024’’; exceed $500 at a time, or $1,000 from 1 year of made by this section. (e) TECHNICAL AND CONFORMING AMEND- and the issuance of the initial loan, as adjusted MENT.—Section 404(e)(2) of title 39, United (2) by adding at the end the following: annually by the Postmaster General to re- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— States Code, is amended by adding at the end flect any change in the Consumer Price ‘‘(1) IN GENERAL.—There are authorized to the following: ‘‘The preceding sentence shall Index for All Urban Consumers of the De- be appropriated such sums as may be nec- not apply to any financial service offered by partment of Labor; essary to carry out this section. the Postal Service under subsection (a)(9).’’. ‘‘(B) alone, or in partnership with deposi- ‘‘(2) TREATMENT AS DISCRETIONARY SPEND- (f) RULE OF CONSTRUCTION.—The services tory institutions, as defined in section 3 of ING.—Amounts appropriated to carry out offered by the United States Postal Service the Federal Deposit Insurance Act (12 U.S.C. this section— under section 404(a)(9) of title 39, United 1813), and Federal credit unions, as defined in ‘‘(A) shall not be appropriated to the ac- States Code, as amended by this section— section 101 of the Federal Credit Union Act count established under subsection (a) of sec- (1) shall be considered permissible non- (12 U.S.C. 1752), small checking accounts and tion 151 of title I of division B of Appendix D banking activities in accordance with sec- interest-bearing savings accounts, not to ex- of the Consolidated Appropriations Act, 2001 tion 225.28 of title 12, Code of Federal Regula- ceed the greater of— (Public Law 106–554; 114 Stat. 2763A–251); and tions; and ‘‘(i) $20,000 per account; and ‘‘(B) shall not be subject to subsection (b) (2) shall not be considered the business of ‘‘(ii) 25 percent of the median account bal- of that section.’’. banking under the seventh paragraph of sec- ance reported in the Federal Deposit Insur- tion 5136 of the Revised Statutes (12 U.S.C. ance Corporation’s quarterly Consolidated SA 2849. Mrs. MURRAY submitted an 24). amendment intended to be proposed to Reports of Condition and Income; ‘‘(C) transactional services, including debit Mr. PERDUE submitted an amendment SA 2282 proposed by Mr. cards, automated teller machines, online SA 2851. INHOFE (for himself and Mr. MCCAIN) to checking accounts, check-cashing services, amendment intended to be proposed to the bill H.R. 5515, to authorize appro- automatic bill-pay, mobile banking, or other amendment SA 2282 proposed by Mr. priations for fiscal year 2019 for mili- products that allows users to engage in the INHOFE (for himself and Mr. MCCAIN) to tary activities of the Department of financial services described in this para- the bill H.R. 5515, to authorize appro- Defense, for military construction, and graph; priations for fiscal year 2019 for mili- for defense activities of the Depart- ‘‘(D) remittance services, including the re- tary activities of the Department of ment of Energy, to prescribe military ceiving and sending of money to domestic or Defense, for military construction, and foreign recipients; and for defense activities of the Depart- personnel strengths for such fiscal ‘‘(E) such other basic financial services as year, and for other purposes; which was the Postal Service determines appropriate in ment of Energy, to prescribe military ordered to lie on the table; as follows: the public interest; personnel strengths for such fiscal At the end of title XXVIII, add the fol- ‘‘(10) to set interest rates and fees for the year, and for other purposes; which was lowing: financial instruments and products provided ordered to lie on the table; as follows:

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Strike title LXVII. (3) OFFSET.—The amount authorized to be the report, of the analytical model used for appropriated for fiscal year 2019 by this Act strategic basing. SA 2852. Mr. ROUNDS submitted an for Army Training Information Systems (PE (2) PARTICULAR ELEMENT.—The report shall amendment intended to be proposed to 0605013A) for Army Information Technology include such recommendations of the Sec- amendment SA 2282 proposed by Mr. Development, as specified in the funding retary for the analytical model as the Sec- INHOFE (for himself and Mr. MCCAIN) to table in section 4201, is hereby decreased by retary considers appropriate in order to en- the bill H.R. 5515, to authorize appro- $5,000,000. sure that the model addresses changes in re- priations for fiscal year 2019 for mili- fueling requirements along the Northern SA 2853. Ms. BALDWIN submitted an Tier of the United States as a result of the tary activities of the Department of 2018 National Defense Strategy and associ- Defense, for military construction, and amendment intended to be proposed to amendment SA 2282 proposed by Mr. ated mobility capability requirements, in- for defense activities of the Depart- cluding, in particular, in connection with the INHOFE (for himself and Mr. MCCAIN) to ment of Energy, to prescribe military growth of activities in the Northern Polar personnel strengths for such fiscal the bill H.R. 5515, to authorize appro- region by global and regional powers. year, and for other purposes; which was priations for fiscal year 2019 for mili- ordered to lie on the table; as follows: tary activities of the Department of SA 2855. Mr. MENENDEZ submitted At the appropriate place in title II, insert Defense, for military construction, and an amendment intended to be proposed the following: for defense activities of the Depart- to amendment SA 2282 proposed by Mr. SEC. lll. PILOT PROGRAM ON PROMOTING ment of Energy, to prescribe military INHOFE (for himself and Mr. MCCAIN) to THE COMMERCIALIZATION OF DUAL- personnel strengths for such fiscal the bill H.R. 5515, to authorize appro- USE TECHNOLOGY. year, and for other purposes; which was priations for fiscal year 2019 for mili- (a) IN GENERAL.—The Secretary of Defense ordered to lie on the table; as follows: tary activities of the Department of shall conduct a pilot program to assess the Defense, for military construction, and feasibility and advisability of promoting the At the end of subtitle B of title X, add the commercialization of dual-use technology, following: for defense activities of the Depart- with a focus on priority defense technology SEC. 1018. CONTRACTS FOR MAINTENANCE OF ment of Energy, to prescribe military areas that attract funding from venture cap- NON-COMBAT NAVAL VESSELS IN personnel strengths for such fiscal ital firms in the United States. NON-COASTWIDE AREAS OUTSIDE OF year, and for other purposes; which was THE HOMEPORT OF THE VESSELS. (b) LOCATIONS.—The Secretary shall carry ordered to lie on the table; as follows: out the pilot program at one or more leading Notwithstanding section 7299a of title 10, United States Code, or any other provision of At the end of subtitle G of title XII, add universities that have expertise in— the following: (1) defense missions; law, the Secretary of the Navy may award a contract for the overhaul, repair, or mainte- SEC. ll. AUTHORIZATION OF UNITED STATES (2) commercialization of technology; and STRATEGY FOR ENGAGEMENT IN (3) venture capital partnerships. nance of a non-combat naval vessel to a firm CENTRAL AMERICA. (c) SCALABILITY.—The Secretary shall en- that is located in a non-coastwide area out- (a) FINDINGS.—Congress makes the fol- sure that the pilot program is designed to be side the area of the homeport of the vessel, lowing findings: scalable. including a firm located in the Great Lakes (1) In 2016, the countries of the Northern (d) SEMIANNUAL REPORTS.—Not less fre- or Gulf Coast regions of the United States, if Triangle region of Central America, which quently than once every six months for the the Secretary determines that such an award are El Salvador, Honduras, and Guatemala, first two years of the pilot program, the Sec- will— reported homicide rates of 60, 43, and 26 per retary shall brief the congressional defense (1) reduce naval vessel maintenance back- 100,000 residents, respectively, making the committees on the progress of the Secretary logs; region one of the most dangerous regions in in carrying out the pilot program (2) improve fleet readiness; the world. (e) AUTHORITIES.—In carrying out this sec- (3) support the operational needs of the (2) The impunity rates for homicides in the tion, the Secretary may use the following Navy; and Northern Triangle region are as high as 96 authorities: (4) not unduly impact the quality of life of percent in Honduras, 95 percent in El Sal- (1) Section 1599g of title 10 of the United the crew of the vessel. vador, and 87 percent in Guatemala. States Code, relating to public-private talent (3) Guatemala, Honduras, and El Salvador exchanges. SA 2854. Mrs. GILLIBRAND (for her- respectively ranked 143rd, 135th, and 112th, (2) Section 2368 of such title, relating to self, Ms. BALDWIN, and Mr. SCHUMER) respectively, of 180 countries in Trans- Centers for Science, Technology, and Engi- submitted an amendment intended to parency International’s 2017 Corruption Per- neering Partnerships. be proposed to amendment SA 2282 pro- ception Index. (3) Section 2374a of such title, relating to posed by Mr. INHOFE (for himself and (4) The high levels of violence and corrup- prizes for advanced technology achieve- tion and weak adherence to the rule of law in Mr. MCCAIN) to the bill H.R. 5515, to au- ments. the Northern Triangle region— (4) Section 2474 of such title, relating to thorize appropriations for fiscal year (A) contributes to instability in the region; Centers of Industrial and Technical Excel- 2019 for military activities of the De- and lence. partment of Defense, for military con- (B) directly affects the United States, as (5) Section 2521 of such title, relating to struction, and for defense activities of demonstrated by the 2014 migration crisis in the Manufacturing Technology Program. the Department of Energy, to prescribe which a surge of unaccompanied minors ar- (6) Section 225 of the National Defense Au- military personnel strengths for such rived at the southwest border of the United thorization Act for Fiscal Year 2018 (Public fiscal year, and for other purposes; States and requested humanitarian protec- Law 115–91). tion due to the dire conditions in their coun- (7) Section 1711 of such Act, relating to a which was ordered to lie on the table; tries. pilot program on strengthening manufac- as follows: (b) UNITED STATES STRATEGY FOR ENGAGE- turing in the defense industrial base. At the end of subtitle E of title X, add the MENT IN CENTRAL AMERICA.— (8) Section 1603 of the National Defense Au- following: (1) IN GENERAL.—The Secretary of State, in thorization Act for Fiscal Year 2014 (Public SEC. 1052. REPORT ON THE ANALYTICAL MODEL coordination with the Administrator of the Law 113–66; 50 U.S.C. 2359), relating to the OF THE AIR FORCE FOR STRATEGIC United States Agency for International De- Proof of Concept Commercialization Pilot BASING OF KC–46 AIRCRAFT. velopment and in consultation with the head Program. (a) SENSE OF CONGRESS.—It is the sense of of each relevant Federal agency, shall carry (9) Section 12 of the Stevenson-Wydler Congress that— out an initiative in the countries described Technology Innovation Act of 1980 (15 U.S.C. (1) consistent with the National Defense in paragraph (2), to be known as the United 3710a) and section 6305 of title 31, United Authorization Act for Fiscal Year 2018, the States Strategy for Engagement in Central States Code, relating to cooperative research Air Force is undertaking an updated mobil- America. and development agreements. ity capability and requirements study that (2) COUNTRIES.—The countries described in (f) FUNDING.— will reflect guidance articulated in the 2018 this paragraph are the following: (1) ADDITIONAL FUNDING.—The amount au- National Defense Strategy; and (A) Belize. thorized to be appropriated for fiscal year (2) that study should address the model the (B) Costa Rica. 2019 by section 201 for research, development, Department of the Air Force intends to use (C) El Salvador. test, and evaluation is hereby increased by for its strategic basing process. (D) Guatemala. $5,000,000, with the amount of the increase to (b) REPORT.— (E) Honduras. be available for National Innovation Activi- (1) IN GENERAL.—Not later than December (F) Panama. ties (PE 8888/line 300). 31, 2019, the Secretary of Air Force shall sub- (3) PRIORITY.—The United States Strategy (2) AVAILABILITY.—The amount available mit to the Committees on Armed Services of for Engagement in Central America shall under paragraph (1) shall be available to the Senate and the House of Representatives prioritize activities in the Northern Triangle carry out the pilot program required by sub- a report setting forth the results of a review, region of Central America, which consists section (a). conducted by the Secretary for purposes of of—

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.043 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3858 CONGRESSIONAL RECORD — SENATE June 12, 2018 (A) El Salvador; defenders, journalists, trade unionists, and (iv) educational policy reform and im- (B) Guatemala; and civil society activists at risk; provement of education sector budgeting; (C) Honduras. (viii) civil society organizations that pro- (I) to enhance economic competitiveness (4) OBJECTIVES.—With respect to the coun- mote and defend human rights, freedom of and investment climate by providing support tries described in paragraph (2), the objec- expression, freedom of the press, labor for— tives of the United States Strategy for En- rights, and LGBT rights; and (i) small business development centers and gagement in Central America shall be the (ix) civil society organizations that address programs that strengthen supply chain inte- following: sexual, domestic, and inter-partner violence gration; (A) To strengthen the rule of law and bol- against women and protect victims of such (ii) trade facilitation and customs harmo- ster the effectiveness of judicial systems, of- violence; nization programs; fices of public prosecutors, and civilian po- (D) to professionalize civilian police forces (iii) reduction of energy costs through in- lice forces. by providing support for— vestments in clean technologies and the re- (B) To combat corruption and improve pub- (i) the reform of personnel vetting and dis- form of energy policies and regulations; lic sector transparency. missal processes, including the enhancement (iv) the improvement of protections for in- (C) To confront and counter the violence of polygraph capability for use in such proc- vestors, including dispute resolution and ar- and crime perpetrated by armed criminal esses; bitration mechanisms; and gangs, illicit trafficking organizations, and (ii) inspectors general and oversight of- (v) the improvement of labor and environ- organized crime. fices, including relevant training for inspec- mental standards, in accordance with the (D) To disrupt money laundering oper- tors and auditors; Dominican Republic–Central America Free ations and the illicit financial networks of (iii) community policing policies and pro- Trade Agreement (CAFTA–DR); armed criminal gangs, illicit trafficking or- grams; (J) to strengthen food security by pro- ganizations, and human smugglers. (iv) the establishment of special vetted viding support for— (E) To strengthen democratic governance units; (i) small-scale agriculture, including tech- and promote greater respect for internation- (v) training on the appropriate use of force nical training and programs that facilitate ally recognized human rights, labor rights, and human rights; access to credit; fundamental freedoms, and the media. (vi) training on civilian intelligence collec- (ii) agricultural value chain development (F) To enhance the capability of the gov- tion, investigative techniques, forensic anal- for farming communities; ernments of countries of Central America to ysis, and evidence preservation; and (iii) nutrition programs to reduce child- protect and provide for vulnerable and at- (vii) equipment, such as nonintrusive in- hood stunting rates; and risk populations. spection equipment and communications (iv) investment in scientific research on (G) To address the underlying causes of interception technology; climate change and climate resiliency; and poverty and inequality. (E) to counter illicit trafficking by pro- (K) to improve the state of fiscal and finan- (H) To address the constraints to inclusive viding assistance to the civilian law enforce- cial affairs by providing support for— economic growth. ment and the armed forces of countries of (i) domestic revenue generation, including (5) ACTIVITIES.—In implementing the Central America, including support for— programs to improve tax administration, United States Strategy for Engagement in (i) the establishment of special vetted collection, and enforcement; Central America, the Secretary of State may units; (ii) strengthening public sector financial carry out activities in the countries de- (ii) the enhancement of intelligence collec- management, including strategic budgeting scribed in paragraph (2)— tion capacity; and expenditure tracking; and (A) to strengthen the rule of law by pro- (iii) the reform of personnel vetting and (iii) reform of customs and procurement viding support for— dismissal processes, including the enhance- policies and processes. (i) the Office of the Attorney General and ment of polygraph capability for use in such (6) SENSE OF CONGRESS.—It is the sense of public prosecutors in each such country, in- processes; and Congress that— cluding the enhancement of the forensics and (iv) port, airport, and border security (A) operational technology transferred to communications interception capabilities; equipment, including— the governments of the countries described (ii) reforms leading to independent, merit- (I) computer infrastructure and data man- in paragraph (2) for intelligence or law en- based, selection processes for judges and agement systems; forcement purposes should be used solely for prosecutors, and relevant ethics and profes- (II) secure communications technologies; the purposes for which the technology was sional training; (III) communications interception tech- intended; and (iii) the improvement of victim and wit- nology; (B) the United States should take all nec- ness protection; and (IV) nonintrusive inspection equipment; essary steps to ensure that the use of oper- (iv) the reform and improvement of prison and ation technology described in subparagraph facilities and management; (V) radar and aerial surveillance equip- (A) is consistent with United States law, in- (B) to combat corruption by providing sup- ment; cluding protections of freedom of expression, port for— (F) to disrupt illicit financial networks by freedom of movement, and freedom of asso- (i) inspectors general and oversight insti- providing support for— ciation. tutions, including relevant training for in- (i) finance ministries, including the en- (c) STRATEGY.— spectors and auditors; hancement of the capacity to use financial (1) SUBMITTAL OF STRATEGY.—Not later (ii) international commissions against im- sanctions to block the assets of individuals than 180 days after the date of the enactment punity, including the International Commis- and organizations involved in money laun- of this Act, the Secretary of State, in coordi- sion Against Impunity in Guatemala (CICIG) dering and the financing of armed criminal nation with the Administrator of the United and the Support Mission Against Corruption gangs, illicit trafficking networks, human States Agency for International Develop- and Impunity in Honduras (MACCIH); smugglers, and organized crime; ment and in consultation with the heads of (iii) civil society watchdogs that conduct (ii) financial intelligence units, including the relevant Federal agencies, shall submit oversight of executive branch officials and the establishment and enhancement of anti- to the appropriate committees of Congress a functions, police and security forces, and ju- money laundering programs; and multiyear strategy to implement the United dicial officials and public prosecutors; and (iii) the reform of bank secrecy laws; and States Strategy for Engagement in Central (iv) the enhancement of freedom of infor- (G) to improve crime prevention by pro- America under subsection (b). mation mechanisms; viding support for— (2) REPORTS.—Not later than one year after (C) to consolidate democratic governance (i) programs that address domestic vio- the date of the enactment of this Act, and by providing support for— lence and violence against women; every year thereafter until the date de- (i) the reform of civil services, related (ii) the enhancement of programs for at- scribed in subsection (f), the Secretary of training programs, and relevant career laws risk and criminal-involved youth, including State shall submit to the appropriate com- and processes that lead to independent, the improvement of community centers; and mittees of Congress a report that evaluates merit-based selection processes; (iii) alternative livelihood programs; the implementation of such international (ii) national legislatures and their capacity (H) to strengthen human capital by pro- strategy with a focus on United States ef- to conduct oversight of executive branch viding support for— forts in Central America— functions; (i) workforce development and entrepre- (A) to strengthen the capacity and inde- (iii) the reform of political party and cam- neurship training programs that are driven pendence of justice systems; paign finance laws; by market demand, specifically programs (B) to combat corruption; (iv) local governments and their capacity that prioritize women, at-risk youth, and (C) to improve government transparency; to provide critical safety, education, health, minorities; (D) to strengthen cooperation between and sanitation services to citizens; (ii) improving early-grade literacy and the Central American governments and anti-im- (v) to defend human rights by providing improvement of primary and secondary punity commissions; support for— school curricula; (E) to strengthen civilian police forces; (vi) human rights ombudsman offices; (iii) relevant professional training for (F) to limit the role of the military in pub- (vii) government protection programs that teachers and educational administrators; lic security; provide physical protection to human rights and (G) to tackle violence and organized crime;

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(H) to protect human rights; and that the military and the police are cooper- (4) POST.—The term ‘‘Post’’ means the Vet- (I) to consult civil society and local com- ating in such cases; erans of Foreign Wars Post 5699. munities. (G) to cooperate with international com- (5) SECRETARY.—The term ‘‘Secretary’’ (d) CONDITIONS ON ASSISTANCE FUNDING.— missions against impunity, as appropriate, means the Secretary of the Interior, acting (1) IN GENERAL.—Subject to paragraph (2), and with regional human rights entities; through the Director of the National Park the Secretary of State may obligate not (H) to implement reforms related to Service. more than 25 percent of the amounts appro- strengthening electoral system and improv- (b) AUTHORIZATION OF EXCHANGE.—The Sec- priated pursuant to subsection (e) to carry ing the transparency of financing political retary may convey to the Post all right, out the United States Strategy for Engage- campaigns and political parties; title, and interest of the United States in ment in Central America. (I) to protect the right of political opposi- and to the Federal land in exchange for the (2) NOTIFICATION AND COOPERATION.—In ad- tion parties, journalists, trade unionists, conveyance by the Post to the Secretary of dition to the amounts authorized to be obli- human rights defenders, and other civil soci- all right, title, and interest of the Post in gated under paragraph (1), the Secretary of ety activists to operate without interference; and to the non-Federal land. (J) to increase government revenues, in- State may obligate an additional 25 percent (c) EQUAL VALUE EXCHANGE.— cluding by enhancing tax collection, of the amounts appropriated pursuant sub- (1) IN GENERAL.—The values of the Federal strengthening customs agencies, and reform- section (e) for assistance to the Government land and non-Federal land to be exchanged ing procurement processes; of El Salvador, the Government of Guate- under this section shall be equal, as deter- (K) to implement reforms to strengthen mala, and the Government of Honduras after mined by an appraisal conducted— educational systems, vocational training the date on which the Secretary of State, in (A) by a qualified and independent ap- programs, and programs for at-risk youth; consultation with the Secretary of Homeland praiser; and (L) to resolve commercial disputes, includ- Security, submits to the appropriate com- (B) in accordance with nationally recog- ing the confiscation of real property, be- mittees of Congress a certification that such nized appraisal standards. tween United States entities and the respec- governments are taking effective steps, in (2) EQUALIZATION.—If the values of the Fed- tive governments; and addition to steps taken during previous eral land and non-Federal land to be ex- (M) to implement a policy by which local years— changed under this section are not equal, the communities, civil society organizations (in- (A) to combat human smuggling and traf- values shall be equalized through— cluding indigenous and marginalized groups), ficking, including investigating, prosecuting, (A) a cash payment; or and local governments are consulted in the and increasing penalties for individuals re- (B) adjustments to the acreage of the Fed- design, implementation and evaluation of sponsible for such crimes; eral land or non-Federal land to be ex- the activities of the international develop- (B) to improve border security and border changed, as applicable. screening to detect and deter illicit smug- ment initiatives that affect such commu- (d) PAYMENT OF COSTS OF CONVEYANCE.— gling and trafficking, while respecting the nities, organizations, or governments. (1) PAYMENT REQUIRED.—As a condition of rights of individuals fleeing violence and (e) AUTHORIZATION OF APPROPRIATIONS.— the exchange authorized under this section, seeking humanitarian protection asylum, in There are authorized to be appropriated such the Secretary shall require the Post to pay accordance with international law; sums as are necessary to carry this section, the costs to be incurred by the Secretary, or (C) to cooperate with United States Gov- to remain available for obligation until the to reimburse the Secretary for the costs in- ernment agencies and other governments in end of the 5-year period beginning on the curred by the Secretary, to carry out the ex- the region to facilitate the safe and timely date of the enactment of this Act. change, including— repatriation of migrants who do not qualify (f) TERMINATION.—The United States Strat- (A) survey costs; for refugee or other protected status, in ac- egy on Engagement in Central America (B) any costs relating to environmental cordance with international law; under subsection (b) shall terminate on De- documentation; and (D) to improve reintegration services for cember 31, 2023. (g) APPROPRIATE COMMITTEES OF CONGRESS (C) any other administrative costs relating repatriated migrants in a manner that en- DEFINED.—In this section, the term ‘‘appro- to the land exchange. sures the safety and well-being of the indi- priate committees of Congress’’ means— (2) REFUND.—If the Secretary collects vidual and reduces the likelihood of remigra- (1) the Committee on Foreign Relations amounts from the Post under paragraph (1) tion; and and the Committee on Appropriations of the before the Secretary incurs the actual costs (E) to cooperate with the United Nations Senate; and and the amount collected by the Secretary High Commissioner for Refugees to improve (2) the Committee on Foreign Affairs and exceeds the costs actually incurred by the protections for, and the processing of, vul- the Committee on Appropriations of the Secretary to carry out the land exchange nerable populations, particularly women and House of Representatives. under this section, the Secretary shall pro- children fleeing violence. vide to the Post a refund of the excess (3) EFFECTIVE IMPLEMENTATION.—In addi- SA 2856. Mr. WICKER submitted an amount paid by the Post. tion to the amounts authorized to be obli- amendment intended to be proposed to (3) TREATMENT OF CERTAIN AMOUNTS RE- gated under paragraphs (1) and (2), the Sec- CEIVED.—Amounts received by the Secretary retary of State may obligate an additional 50 amendment SA 2282 proposed by Mr. from the Post as reimbursement for costs in- percent of the amounts appropriated pursu- INHOFE (for himself and Mr. MCCAIN) to curred under paragraph (1) shall be— ant subsection (e) for assistance to the Gov- the bill H.R. 5515, to authorize appro- (A) credited to the fund or account from ernment of El Salvador, the Government of priations for fiscal year 2019 for mili- which amounts were used to pay the costs in- Guatemala, and the Government of Honduras tary activities of the Department of curred by the Secretary in carrying out the after the date on which the Secretary sub- Defense, for military construction, and land exchange; mits to the appropriate committees of Con- for defense activities of the Depart- (B) merged with amounts in the fund or ac- gress a certification that such governments ment of Energy, to prescribe military count to which the amounts were credited are taking effective steps in the respective under subparagraph (A); and countries, in addition to steps taken during personnel strengths for such fiscal (C) available for the same purposes as, and the previous calendar year— year, and for other purposes; which was subject to the same conditions and limita- (A) to establish an autonomous, publicly ordered to lie on the table; as follows: tions applicable to, amounts in the fund or accountable entity to provide oversight of At the end of subtitle C of title XXVIII, account to which the amounts were credited the international development initiatives; add the following: under subparagraph (A). (B) to combat corruption, including inves- SEC. 28llll. LAND EXCHANGE, GULF ISLANDS tigating and prosecuting government offi- NATIONAL SEASHORE. (e) DESCRIPTION OF FEDERAL LAND AND cials, military personnel, and civil police of- (a) DEFINITIONS.—In this section: NON-FEDERAL LAND.—The exact acreage and ficers credibly alleged to be corrupt; (1) FEDERAL LAND.—The term ‘‘Federal legal description of the Federal land and (C) to implement reforms and strengthen land’’ means the parcel of approximately non-Federal land to be exchanged under this the rule of law, including increasing the ca- 1.542 acres of land that is located within the section shall be determined by surveys that pacity and independence of the judiciary and Gulf Islands National Seashore in Jackson are determined to be satisfactory by the Sec- public prosecutors; County, Mississippi, and identified as ‘‘NPS retary and the Post. (D) to counter the activities of armed Exchange Area’’ on the Map. (f) CONVEYANCE AGREEMENT.—The ex- criminal gangs, illicit trafficking networks, (2) MAP.—The term ‘‘Map’’ means the map change of Federal land and non-Federal land and organized crime; entitled ‘‘Gulf Islands National Seashore, under this section shall be— (E) to establish and implement a plan to Proposed Land Exchange with VFW, Davis (1) carried out through a quitclaim deed or create a professional, accountable civilian Bayou Area—Jackson County, MS’’, num- other legal instrument; and police force and curtail the role of the mili- bered 635/133309, and dated June 2016. (2) subject to such terms and conditions as tary in internal policing; (3) NON-FEDERAL LAND.—The term ‘‘non- are mutually satisfactory to the Secretary (F) to investigate and prosecute, through Federal land’’ means the parcel of approxi- and the Post, including such additional the civilian justice system, military and po- mately 2.161 acres of land that is located in terms and conditions as the Secretary con- lice personnel who are credibly alleged to Jackson County, Mississippi, and identified siders to be appropriate to protect the inter- have violated human rights, and to ensure as ‘‘VFW Exchange Area’’ on the Map. ests of the United States.

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(g) VALID EXISTING RIGHTS.—The exchange Authorization Act for Fiscal Year 2014 (Pub- Secretary of Agriculture by the Secretary of of Federal land and non-Federal land author- lic Law 113–66; 127 Stat. 882). the Air Force under section 1098(a)(2)(A)(iii) ized under this section shall be subject to (b) PRESIDENTIAL BUDGET REQUESTS.—Be- of the National Defense Authorization Act valid existing rights. ginning in fiscal year 2020 and each fiscal for Fiscal Year 2014 (Public Law 113–66; 127 (h) TITLE APPROVAL.—Title to the Federal year thereafter, the Director of the Office of Stat. 882); and land and non-Federal land to be exchanged Management and Budget shall include as (2) agency policies governing— under this section shall be in a form accept- part of the annual budget of the Federal (A) situations in which fixed-wing aircraft able to the Secretary. Government a unified request by the Depart- should be used for wildfire suppression; and (i) TREATMENT OF ACQUIRED LAND.—Any ment of Agriculture, the Department of the (B) situations in which fixed-wing aircraft non-Federal land and interests in non-Fed- Interior, and the Department of Defense should not be used due to safety, cost, or ef- eral land acquired by the United States showing the total amount requested for the fectiveness concerns. under this section shall be administered by wildland fire aviation costs described in sub- (c) CONSTRAINTS.— the Secretary as part of the Gulf Islands Na- section (a). (1) IN GENERAL.—Except as provided in tional Seashore. (c) LIMITATION.—The Secretary of Agri- paragraph (2), the Commission shall assume, (j) MODIFICATION OF BOUNDARY.—On com- culture, the Secretary of the Interior, and for the purposes of preparing the report re- pletion of the exchange of Federal land and the Secretary of Defense shall not use quired under subsection (a)(2), that the Fed- non-Federal land under this section, the Sec- amounts appropriated to accounts of the eral fleet described in subsection (b)(1) will retary shall modify the boundary of the Gulf Secretary of Agriculture, the Secretary of be funded with $500,000,000 annually. Islands National Seashore to reflect the ex- the Interior, and the Secretary of Defense, (2) EXCEPTION.—If a recommendation of the change of Federal land and non-Federal land. respectively, other than the account estab- Commission is deemed critical to the safe lished by subsection (a), to carry out any ac- and effective operation of the fleet and SA 2857. Ms. DUCKWORTH submitted tivity described in that subsection. would require an amount of funding in excess an amendment intended to be proposed (d) AUTHORIZATION OF APPROPRIATIONS.— of $500,000,000 annually, the Commission to amendment SA 2282 proposed by Mr. There is authorized to be appropriated to the shall include in the report a description of account established by subsection (a) for fis- INHOFE (for himself and Mr. MCCAIN) to the recommendation and the approximate cal year 2019 and each fiscal year thereafter cost of implementing the recommendation. the bill H.R. 5515, to authorize appro- a total amount of not more than $500,000,000 f priations for fiscal year 2019 for mili- for the Department of Agriculture, the De- tary activities of the Department of partment of the Interior, or the Department AUTHORITY FOR COMMITTEES TO Defense, for military construction, and of Defense to be used for any costs described MEET for defense activities of the Depart- in subsection (a). Mrs. THUNE. Mr. President, I have 9 ment of Energy, to prescribe military Ms. CANTWELL submitted requests for committees to meet during personnel strengths for such fiscal SA 2859. an amendment intended to be proposed today’s session of the Senate. They year, and for other purposes; which was to amendment SA 2282 proposed by Mr. have the approval of the Majority and ordered to lie on the table; as follows: INHOFE (for himself and Mr. MCCAIN) to Minority leaders. At the end of subtitle E of title XII, add the bill H.R. 5515, to authorize appro- Pursuant to Rule XXVI, paragraph the following: priations for fiscal year 2019 for mili- 5(a), of the Standing Rules of the Sen- SEC. 12l. LIMITATION ON USE OF FUNDS FOR tary activities of the Department of ate, the following committees are au- REDUCTION OF ACTIVE-DUTY MEM- thorized to meet during today’s session BERS OF THE ARMED FORCES DE- Defense, for military construction, and PLOYED TO THE REPUBLIC OF for defense activities of the Depart- of the Senate: KOREA. ment of Energy, to prescribe military COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS None of the funds authorized to be appro- personnel strengths for such fiscal priated by this Act may be obligated or ex- The Committee on Banking, Housing, year, and for other purposes; which was pended to reduce the total number of mem- and Urban Affairs is authorized to ordered to lie on the table; as follows: bers of the Armed Forces on active duty who meet during the session of the Senate are deployed to the Republic of Korea to At the end of subtitle F of title X, add the on Tuesday, June 12, 2018, at 10 a.m. to fewer than 22,000 members of the Armed following: conduct a hearing on the following Forces until the date on which the Secretary SEC. 1066. ESTABLISHMENT OF BLUE RIBBON of Defense submits to the congressional de- COMMISSION. nominations: Richard Clarida, of Con- fense committees a certification that such a (a) IN GENERAL.—The Secretary of the In- necticut, to be a Member of the Board reduction is in the national security interest terior, in consultation with the Secretary of of Governors, and to be Vice Chairman of the United States and will not signifi- Agriculture and the Secretary of Defense, of the Board of Governors, and cantly undermine the security of United shall establish a Blue Ribbon Commission Michelle Bowman, of Kansas, to be a States allies in the region. (referred to in this section as the ‘‘Commis- Member of the Board of Governors, sion’’)— both of the Federal Reserve System. SA 2858. Ms. CANTWELL submitted (1) to study— an amendment intended to be proposed (A) the fixed-wing aircraft available to the COMMITTEE ON ENERGY AND NATURAL RESOURCES to amendment SA 2282 proposed by Mr. Federal Government for wildfire suppression as of the date of the study; and The Committee on Energy and Nat- INHOFE (for himself and Mr. MCCAIN) to (B) the likely demand for fixed-wing air- ural Resources is authorized to meet the bill H.R. 5515, to authorize appro- craft for wildfire suppression over the 10- during the session of the Senate on priations for fiscal year 2019 for mili- year period beginning on the date of enact- Tuesday, June 12, 2018, at 10 a.m. to tary activities of the Department of ment of this Act; and conduct a hearing. Defense, for military construction, and (2) to submit to the Secretary of the Inte- COMMITTEE ON FINANCE for defense activities of the Depart- rior, the Secretary of Agriculture, the Sec- The Committee on Finance is author- ment of Energy, to prescribe military retary of Defense, and the relevant commit- ized to meet during the session of the personnel strengths for such fiscal tees of Congress a report with specific rec- Senate on Tuesday, June 12, 2018, at 10 year, and for other purposes; which was ommendations for the safe and effective fu- ture of the Federal wildland fire aviation a.m. to conduct a hearing. ordered to lie on the table; as follows: program. COMMITTEE ON FINANCE At the end of subtitle F of title X, add the (b) CONTENTS.—The report submitted under The Committee on Finance is author- following: appropriate place, insert the fol- subsection (a)(2) shall include recommenda- ized to meet during the session of the lowing: tions for— Senate on Tuesday, June 12, 2018, at 10 SEC. 1066. ESTABLISHMENT OF WILDFIRE AVIA- (1) the types, quantities, and ownership TION BUDGET LINE ITEM. and contracting models of the fixed-wing air- a.m. to conduct a hearing on the fol- (a) IN GENERAL.—There is established in craft that should comprise the Federal fleet lowing nominations: Jeffrey Kessler, of the Treasury of the United States a separate of wildfire suppression aircraft, specifically Virginia, to be an Assistant Secretary account to fund all costs associated with the for very large airtankers, single-engine of Commerce, Elizabeth Ann Copeland, maintenance, operation, contracting, pur- airtankers, water scoopers, and large of Texas, and Patrick J. Urda, of Indi- chase, and ownership of Federal wildland fire airtankers, including— ana, both to be a Judge of the United aviation assets, including the 7 demilitarized (A) the modular airborne firefighting sys- States Tax Court, and Amy Karpel, of HC-130H aircraft with serial numbers 1706, tems operated by the Secretary of the Air 1708, 1709, 1713, 1714, 1719, and 1721 that were Force; and Washington, and Randolph J. Stayin, transferred to the Secretary of Agriculture (B) the 7 demilitarized HC-130H aircraft of Virginia, both to be a Member of the by the Secretary of the Air Force under sec- with serial numbers 1706, 1708, 1709, 1713, 1714, United States International Trade tion 1098(a)(2)(A)(iii) of the National Defense 1719, and 1721 that were transferred to the Commission.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.044 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE June 12, 2018 CONGRESSIONAL RECORD — SENATE S3861 COMMITTEE ON FINANCE The senior assistant legislative clerk There being no objection, the Senate The Committee on Finance is author- read as follows: proceeded to consider the resolution. ized to meet during the session of the A resolution (S. Res. 542) congratulating Mr. MCCONNELL. Mr. President, I Senate on Tuesday, June 12, 2018, at 2 the Washington Capitals for winning the 2018 ask unanimous consent that the reso- p.m. to conduct a hearing. Stanley Cup hockey championship. lution be agreed to, the preamble be COMMITTEE HEALTH, EDUCATION, LABOR, AND There being no objection, the Senate agreed to, and the motions to recon- PENSIONS proceeded to consider the resolution. sider be considered made and laid upon The Committee Health, Education, Mr. MCCONNELL. Mr. President, I the table with no intervening action or Labor, and Pensions is authorized to ask unanimous consent that the reso- debate. meet during the session of the Senate lution be agreed to, the preamble be The PRESIDING OFFICER. Without on Tuesday, June 12, 2018, at 10 a.m. to agreed to, and the motions to recon- objection, it is so ordered. conduct a hearing entitled ‘‘The Cost sider be considered made and laid upon The resolution (S. Res. 544) was of Prescription Drugs: Examining the the table with no intervening action or agreed to. President’s Blueprint American Pa- debate. The preamble was agreed to. tients First to Lower Drug Prices.’’ The PRESIDING OFFICER. Without (The resolution, with its preamble, is COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. printed in today’s RECORD under ‘‘Sub- GOVERNMENTAL AFFAIRS The resolution (S. Res. 542) was mitted Resolutions.’’) The Committee on Homeland Secu- agreed to. f rity and Governmental Affairs is au- The preamble was agreed to. (The resolution, with its preamble, is HONORING THE MEMORY OF THE thorized to meet during the session of VICTIMS OF THE TERRORIST AT- the Senate on Tuesday, June 12, 2018, printed in today’s RECORD under ‘‘Sub- mitted Resolutions.’’) TACK ON THE PULSE ORLANDO at 10 a.m. to conduct a hearing entitled NIGHTCLUB ON JUNE 12, 2016 ‘‘Examining the Chemical Facility f Mr. MCCONNELL. Mr. President, I Anti-Terrorism Standards Program.’’ CONGRATULATING THE FLORIDA ask unanimous consent that the Sen- COMMITTEE ON THE JUDICIARY STATE UNIVERSITY SEMINOLES ate proceed to the immediate consider- SOFTBALL TEAM The Committee on the Judiciary is ation of S. Res. 545, submitted earlier authorized to meet during the session Mr. MCCONNELL. Mr. President, I today. of the Senate on Tuesday, June 12, 2018, ask unanimous consent that the Sen- The PRESIDING OFFICER. The at 10 a.m. to conduct a hearing entitled ate proceed to the consideration of S. clerk will report the resolution by ‘‘Election Interference: Ensuring Law Res. 543, submitted earlier today. title. Enforcement is Equipped to Target The PRESIDING OFFICER. The The senior assistant legislative clerk Those Seeking to Do Harm.’’ clerk will report the resolution by read as follows: SELECT COMMITTEE ON INTELLIGENCE title. A resolution (S. Res. 545) honoring the The Select Committee on Intel- The senior assistant legislative clerk memory of the victims of the terrorist at- ligence is authorized to meet during read as follows: tack on the Pulse Orlando nightclub on June the session of the Senate on Wednes- A resolution (S. Res. 543) congratulating 12, 2016. day, May 09, 2018, at 2:30 p.m. to con- the Florida State University Seminoles soft- There being no objection, the Senate duct a closed hearing. ball team for winning the 2018 National Col- proceeded to consider the resolution. legiate Athletic Association Women’s Col- f lege World Series. Mr. MCCONNELL. Mr. President, I ask unanimous consent that the reso- MEASURE READ THE FIRST There being no objection, the Senate lution be agreed to, the preamble be TIME—H.R. 5895 proceeded to consider the resolution. agreed to, and the motions to recon- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I sider be considered made and laid upon ask unanimous consent that the reso- understand there is a bill at the desk, the table with no intervening action or lution be agreed to, the preamble be and I ask for its first reading. debate. agreed to, and the motions to recon- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without sider be considered made and laid upon clerk will read the bill by title for the objection, it is so ordered. the table with no intervening action or first time. The resolution (S. Res. 545) was debate. The senior assistant legislative clerk agreed to. read as follow: The PRESIDING OFFICER. Without objection, it is so ordered. The preamble was agreed to. A bill (H.R. 5895) making appropriations The resolution (S. Res. 543) was (The resolution, with its preamble, is for energy and water development and re- agreed to. printed in today’s RECORD under ‘‘Sub- lated agencies for the fiscal year ending Sep- mitted Resolutions.’’) tember 30, 2019, and for other purposes. The preamble was agreed to. (The resolution, with its preamble, is f Mr. MCCONNELL. I now ask for a printed in today’s RECORD under ‘‘Sub- second reading and, in order to place ALL CIRCUIT REVIEW ACT mitted Resolutions.’’) the bill on the calendar under the pro- Mr. MCCONNELL. Mr. President, I visions of rule XIV, I object to my own f ask unanimous consent that the Sen- request. CELEBRATING JUNE 11, 2018, AS ate proceed to the immediate consider- The PRESIDING OFFICER. Objec- THE 20TH ANNIVERSARY OF THE ation of Calendar No. 377, H.R. 2229. tion having been heard, the bill will be ESTABLISHMENT OF THE The PRESIDING OFFICER. The read for the second time on the next UNITED STATES CORAL REEF clerk will report the bill by title. legislative day. TASK FORCE The senior assistant legislative clerk f Mr. MCCONNELL. Mr. President, I read as follows: CONGRATULATING THE WASH- ask unanimous consent that the Sen- A bill (H.R. 2229) to amend title 5, United ate proceed to the immediate consider- States Code, to provide permanent authority INGTON CAPITALS FOR WINNING for judicial review of certain Merit Systems THE 2018 STANLEY CUP HOCKEY ation of S. Res. 544, submitted earlier today. Protection Board decisions relating to whis- CHAMPIONSHIP tleblowers, and for other purposes. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I clerk will report the resolution by There being no objection, the Senate ask unanimous consent that the Sen- title. proceeded to consider the bill, which ate proceed to the immediate consider- The senior assistant legislative clerk had been reported from the Committee ation of S. Res. 542, submitted earlier read as follows: on Homeland Security and Govern- today. A resolution (S. Res. 544) celebrating June mental Affairs, with an amendment, as The PRESIDING OFFICER. The 11, 2018, as the 20th anniversary of the estab- follows: clerk will report the resolution by lishment of the United States Coral Reef (The part of the bill intended to be title. Task Force. inserted is shown in italic.)

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JN6.045 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE S3862 CONGRESSIONAL RECORD — SENATE June 12, 2018 H.R. 2229 RECOGNIZING AND SUPPORTING ORDERS FOR WEDNESDAY, JUNE Be it enacted by the Senate and House of Rep- THE EFFORTS OF THE UNITED 13, 2018 resentatives of the United States of America in BID COMMITTEE TO BRING THE Mr. MCCONNELL. Mr. President, I Congress assembled, 2026 FIFA WORLD CUP COMPETI- ask unanimous consent that when the SECTION 1. SHORT TITLE. TION TO CANADA, MEXICO, AND Senate completes its business today, it This Act may be cited as the ‘‘All Circuit THE UNITED STATES adjourn until 9:30 a.m., Wednesday, Review Act’’. Mr. MCCONNELL. Mr. President, I June 13; further, that following the SEC. 2. JUDICIAL REVIEW OF MERIT SYSTEMS ask unanimous consent that the prayer and pledge, the morning hour be PROTECTION BOARD DECISIONS RE- LATING TO WHISTLEBLOWERS. Committe on Commerce, Science, and deemed expired, the Journal of pro- (a) IN GENERAL.—Section 7703(b)(1)(B) of Transportation be discharged from fur- ceedings be approved to date, the time title 5, United States Code, is amended by ther consideration of H. Con. Res. 111 for the two leaders be reserved for their striking ‘‘During the 5-year period beginning and the Senate proceed to its imme- use later in the day, and morning busi- on the effective date of the Whistleblower diate consideration. ness be closed. Finally, I ask that fol- Protection Enhancement Act of 2012, a peti- The PRESIDING OFFICER. Without lowing leader remarks, the Senate re- tion’’ and inserting ‘‘A petition’’. objection, it is so ordered. sume consideration of H.R. 5515. (b) DIRECTOR REVIEW.—Section 7703(d)(2) of The clerk will report the concurrent The PRESIDING OFFICER. Without such title is amended by striking ‘‘During objection, it is so ordered. the 5-year period beginning on the effective resolution by title. date of the Whistleblower Protection En- The senior assistant legislative clerk hancement Act of 2012, this paragraph’’ and read as follows: f inserting ‘‘This paragraph’’. A concurrent resolution (H. Con. Res. 111) (c) RETROACTIVE EFFECTIVE DATE.—The recognizing and supporting the efforts of the ADJOURNMENT UNTIL 9:30 A.M. amendments made by this section shall take ef- United Bid Committee to bring the 2026 Fed- TOMORROW fect as if enacted on November 26, 2017. eration Internationale de Football Associa- Mr. MCCONNELL. Mr. President, if Mr. MCCONNELL. Mr. President, I tion (FIFA) World Cup competition to Can- there is no further business to come be- ask unanimous consent that the com- ada, Mexico, and the United States. fore the Senate, I ask unanimous con- mittee-reported amendment be agreed There being no objection, the Senate sent that it stand adjourned under the to, the bill, as amended, be considered proceeded to consider the concurrent previous order. read a third time and passed, and the resolution. There being no objection, the Senate, motion to reconsider be considered Mr. MCCONNELL. Mr. President, I at 6:41 p.m., adjourned until Wednes- made and laid upon the table. further ask unanimous consent that day, June 13, 2018, at 9:30 a.m. The PRESIDING OFFICER. Without the resolution be agreed to, the pre- objection, it is so ordered. amble be agreed to, and the motions to f The committee-reported amendment reconsider be considered made and laid was agreed to. upon the table with no intervening ac- CONFIRMATION The amendment was ordered to be tion or debate. engrossed and the bill to be read a The PRESIDING OFFICER. Without Executive nomination confirmed by third time. objection, it is so ordered. the Senate June 12, 2018: The bill was read the third time. The concurrent resolution (H. Con. DEPARTMENT OF HOMELAND SECURITY The bill (H.R. 2229), as amended, was Res. 111) was agreed to. CHRISTOPHER KREBS, OF VIRGINIA, TO BE UNDER SEC- RETARY FOR NATIONAL PROTECTION AND PROGRAMS, passed. The preamble was agreed to. DEPARTMENT OF HOMELAND SECURITY.

VerDate Sep 11 2014 05:25 Jun 13, 2018 Jkt 079060 PO 00000 Frm 00134 Fmt 4624 Sfmt 9801 E:\CR\FM\A12JN6.051 S12JNPT1 lotter on DSKBCFDHB2PROD with SENATE